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2012-04-02 - Village Board Regular Meeting - Minutes 12618 04/02/2012 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,APRIL 2,2012 CALL TO ORDER President Braiman called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Berman,Trilling, Sussman,Terson,Stein and Ottenheimer. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager; Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Gregory Boysen,Director of Public Works;Rick Kuhl,Deputy Director of Public Works;Mike Skibbe,Civil Engineer I; Robert Pfeil,Village Planner;Carol Berman,Deputy Building Commissioner—Administration;Police Chief Balinski;and Police Sergeant Rodriguez. APPROVAL OF MINUTES Moved by Stein,seconded by Ottenheimer,to approve the minutes of the March 19,2012 Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANT#1186 Mr.Anderson read Warrant#1186. Moved by Trilling,seconded by Berman,to approve Warrant#1186 in the amount of$1,245,898.66,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman read a Proclamation declaring April 27,2012 art Arbor Day in the Village of Buffalo Grove,and called upon all citizens and civic organizations to support efforts to protect our trees and woodlands and to support our Village Urban Forestry Program. Mr.Kuhl reviewed the standards to be recognized as a Tree City U.S.A.and presented the 2011 Tree City U.S.A.award to the Village Board for the 24th consecutive year. Mr.Kuhl thanked the Board for their continued support of the program. President Braiman presented an update on the Commonwealth Edison response to claims submitted for damages caused by power outages during the summer storms of 2011. The Village sent a letter to the Executive Director of the Illinois Commerce Commission with a copy to all of our legislators,and he urged every resident impacted by these storms to also contact their legislators. V 12619 04/02/2012 VILLAGE MANAGER'S REPORT Police Sergeant Rodriguez provided a brief synopsis of the Department's efforts in the area of traffic enforcement and education in the High Crash Intersections during the first quarter of 2012. The outcomes are linked to the Department's strategic goals of providing high-quality patrol,investigation and records management services to residents and businesses. Sergeant Rodriguez then answered questions from the Board.Mr.Bragg thanked the Traffic Division for their efforts in reducing accidents in the community. QUESTIONS FROM THE AUDIENCE President Braiman asked if there were any questions from the audience on items not on tonight's agenda;there were none. BUFFALO GROVE AREA CHAMBER OF COMMERCE President Braiman recognized the Buffalo Grove Area Chamber of Commerce on their 40th Anniversary,noting the mission and accomplishments of the Chamber during its 40 year history. President Braiman then presented a plaque to Chamber President Scott Fishkin and Executive Director Lynne Schneider in honor of the anniversary. Lisa Stone,resident,interrupted the meeting,stating that she had comments during Questions from the Audience. President Braiman stated that we had passed that point in the meeting,but that he would give Mrs. Stone an opportunity to speak later on in the meeting. Lynne Schneider then thanked the Board for the honor and recognition afforded to the Chamber,and thanked the community for their assistance and support to the Chamber over the years. TRUSTEE REPORTS Trustee Stein reported on the upcoming Farmer's Market which will return on June 17,2012 and continue every Sunday morning through October 7,2012. Trustee Berman urged residents to participate in the American Cancer Society's Relay for Life on Friday,June 15, 2012 at Stevenson High School and coordinated by students at Buffalo Grove and Stevenson High Schools. It is a fun event as well as an emotional event that benefits an excellent cause dedicated to eradicating cancer. PUBLIC HEARING—MUNICIPAL ELECTRIC AGGREGATION The Public Hearing commenced at 8:00 P.M. Mrs.Neukirch made a presentation with regard to the effort to aggregate residential and small commercial retail electrical loads located within each of the member Consortium communities,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Lisa Stone,resident,asked what residents should do if solicitors come to the door attempting to sell alternative electricity. Staff answered Mrs. Stone's questions. President Braiman asked if there were any further questions from the audience or the Board;there were none. President Braiman closed the Public Hearing at 8:09 P.M. V 12619 04/02/2012 QUESTIONS FROM THE AUDIENCE �./ Mrs. Stone addressed the Board regarding the Water Reclamation Facility owned and operated by Lake County, which is located adjacent to the Village in unincorporated Vernon Township. Mrs. Stone attempted to relay her concerns with the fact that the Village had agreed to a request from Lake County to assign a Buffalo Grove mailing address in zip code 60089 to the Lake County Water Reclamation Facility,even though it is not located within the Village boundaries. Mrs. Stone also appeared to try to express further concerns regarding the scope of permitting for the Lake County Water Reclamation Facility and the potential impact of its operation on the Aptakisic Creek, and well water users in surrounding unincorporated Vernon Township. Mrs. Stone also appeared to attempt to relate her present concerns pertaining to Lake County's Water Reclamation Facility to her earlier-expressed issues regarding the Land and Lakes landfill facility. RECESS President Braiman declared a recess from 8:31 to 8:39 P.M. CONSENT AGENDA President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion. There were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. 2012 Crack Sealing Motion to approve Waiver ob Bids and Award of Contract—2012 Crack Sealing in accordance with Municipal Partnering Initiative. Sanitary and Storm Sewer Televising Motion to authorize bid for Sanitary and Storm Sewer televising for the Year 2012. Moved by Berman,seconded by Sussman,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2012-11—PLAZA AT BUFFALO GROVE Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Moved by Trilling,seconded by Sussman,to pass Ordinance#2012-11,approving an Assignment,Assumption and Amendment of the Contingent Infrastructure Agreement—The Plaza at Buffalo Grove Shopping Center. In answer to a question from Trustee Trilling,Tony O'Shea,owner of The Plaza at Buffalo Grove,stated that the estimated cost of the facade,parking lot and landscape improvements totals approximately$300,000.00. Trustee Berman noted that the proposed traffic signal at the Buffalo Grove Road entrance has been promised for over 10 years. • • 12621 04/02/2012 Mr.Raysa responded to President Braiman with regard to the escrow funds to be sure that the traffic signal is installed. Tom Lowe,First Equity Group,commercial real estate development that has been working with Mr.O'Shea and Chase on this project,noted that they have been working with staff on time lines for the signal improvement as well as the other improvements. President Braiman stated that he believes that the Village has to tighten up language as to when we have a right to use the escrow. In answer to several Board questions,Mr.Raysa commented on the reason the language was drafted as such. Mr.Bragg stated that,if Chase does not close the deal,there is not$292,000.00 to put in escrow. In answer to a question from Trustee Berman.Cheryl Lavin,Vice President of Real Estate for J.P.Morgan Chase, stated that she does not believe that there is any reason that this deal will not close,but they do need to move forward. Trustee Trilling amended the motion to removed the word not from paragraph 16.,and to add subject to final review and approval by the Village Attorney;Trustee Sussman seconded the amendment. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. l ' ORDINANCE#2012-12—PLAZA AT BUFFALO GROVE Moved by Sussman,seconded by Ottenheimer,to pass Ordinance#2012-12,amendment of PUD and approval of a special use for a bank drive-through facility in the B-3 District. Mr.Bragg reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. TURNBERRY DEVELOPMENT President Braiman reviewed the pre-application process. Thomas Brantley,principal and co-developer with G&A Construction&Development and Carlson Construction, presented a brief synopsis of the history of the property as well as of the petitioners. Mr.Brantley then summarized the petitioner's proposal for the subject property,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Trustee Ottenheimer noted that his presence represents a possible conflict of interest,and he recused himself from discussion and exited the Council Chambers. Li 12622 04/02/2012 Mr.Brantley then answered questions from the Board with regard to the concept that the petitioner is proposing. Trustee Berman stated that there are significant issues to be addressed,and he suggested that the petitioner hold an informal meeting with the residents of the adjacent building before this is referred to the Plan Commission. Trustee Terson stated that he is very skeptical about this project. Mr.Brantley stated that approximately 25%of the rent paid over the 15 years will go toward the purchase price of the unit. Mr.Brantley stated that,for 15 years,this is an apartment building. There is then the option of a person's rent going toward a down payment program in year 15. Until that time,the building is merely a rental building. In answer to a question from Trustee Stein,Mr.Brantley stated that approximately 50%of the units would be subject to rental fees based on income. Trustee Stein stated that the owners in the adjacent building purchased their units with the assurance that another building would be built as a condominium building. Trustee Sussman stated that she is not in favor of this project;she believes that the new building should be condominiums. Trustee Trilling believes there is a need for this type of product,but he is not quite sure that this is the right site for it;he agrees with Trustee Berman's comments,and he believes it would behoove the petitioner to meet with the residents in the adjacent building. Mr.Brantley stated that this project would make affordable housing available in Buffalo Grove to people such as retail workers,transportation workers,and education workers to name a few. Linda Gannon, 125 N.Buffalo Grove,#203,President of the Turnberry Homeowners Association,stated that the Board has covered many of the concerns expressed by the homeowners;they purchased their homes on the basis of two luxury buildings being constructed; she believes the proposal is merely an apartment building with affordable housing;they believe that the proposal will devalue their property;she reviewed some of the inconsistencies between Mr.Brantley's comments at a meeting with residents last week and what he has proposed to the Board tonight;there is no play space on site for children that would likely live in their apartments;current Turnberry residents are simply asking for what they were promised when they bought their condos. A resident of the current Turnberry building stated that she has grown up in Buffalo Grove and this is the community where she has chosen to remain and intends to remain in the future,and she asked that the Board not let the Turnberry Point proposal ruin the core values of their future nor the change the foundation of Buffalo Grove. A current Turnberry resident agrees with those who have spoken,and commented on the method that Mr.Brantley • has indicated that the purchase price will be set. • Another resident commented on the proposed formula for the purchase price. Bruce Miller,unit 202 of Turnberry,stated that there are current Turnberry residents who rent their units,and if this proposal is approved,people in the new building would pay lower rents and compete with the current residents who rent out their units,who then may not be able to keep their occupants and therefore become possible foreclosures. • President Braiman stated that Mr.Brantley has heard the comments from everyone tonight,and he may either walk away from the project or file a petition with the Village. If he should choose to continue,President Braiman suggested that he meet with all of the residents in the current building to determine an agreeable solution. Trustee Ottenheimer returned to the meeting at this time. V 12623 04/02/2012 WASTE HAULING CONTRACT Mr.Bragg reviewed the proposed recommendation to negotiate a new Waste Hauling Contract,noting that staff recommends proceeding with an agreement with Waste Management in order to ensure the greatest continuity without disruption to our residents,to ensure a stable and predictable rate structure for the next five years,and to continue a high quality and environmentally aware refuse recycling and landscape waste program for the entire Village. Rick Bulthuis,Republic Services,commented on the negotiations,stating the since service delivery from both vendors is excellent,the only question that remains is transition,which can be difficult. Mr.Bulthuis stated that they believe they will be able to manage the transition well,and he asked the Board to allow the community to benefit from the positive changes that their proposal brings. Mr.Bulthuis thanked the Board for the opportunity to speak tonight,and he stated that Village staff has been extremely professional throughout the entire process. President Braiman stated that Mr.Bragg and staff have had nothing but positive comments about Mr.Bulthuis and Republic and the service they provide. Mike Brink,Waste Management,commented on the long history of service that they have had with the community. Residents have come to expect the consistent and reliable quality municipal services that they provide to the community. Waste Management has been a true community partner by providing special needs for the Village at no additional cost. Waste Management piloted curbside recycling with Buffalo Grove,which was one of the first communities in the State of Illinois to have curbside recycling. They have also worked with the Buffalo Grove Police Department in crime prevention. Mr.Brink believes that staying with Waste Management is in the best interest of Buffalo Grove going forward. Trustee Terson stated that he is in favor of remaining with Waste Management due to their track record of excellent service to the community. President Braiman noted that Waste Management has been a good corporate citizen and we appreciate what they have done. Trustee Trilling stated that he sincerely appreciates Republic's efforts,however,Waste Management has done a good job for the Village. Trustee Trilling stated that he has talked to many residents,and they have all had glowing reports about Waste Management and do not believe that a change is warranted,and would be an inconvenience for them. The fixed price for the five year period is also an advantage. Trustee Stein stated that both companies are fine companies,but he does agree with Trustee Terson that Waste Management has gone above and beyond to attend to the community needs,and he definitely supports staff recommendation. Trustee Ottenheimer agrees with all the comments that have been made,and he thanked staff for a really thorough job in putting this proposal together. The Board has been tasked by the residents to provide the best service possible to them,and he believes that Waste Management provides that service. Trustee Sussman also said that she has had excellent services from Waste Management for all the years she has lived here,and she also noted that there is a senior discount from Waste Management. Trustee Berman stated that he has also talked to many residents,and one concern was the mandatory change of the receptacle if there is a change in providers. Since there is not a significant difference in price,and all things being equal,he believes it is a benefit to remain with the provider that has done a good job over the years. V 12624 04/02/2012 President Braiman stated that this has been a long process,and he commended staff on doing a wonderful job of putting this proposal together and getting the best price possible for the residents. Moved by Trilling,seconded by Terson,to direct staff to continue to negotiate with Waste Management for refuse and recycling services to the Village of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. EXECUTIVE SESSION Moved by Sussman,seconded by Berman,to move to Executive Session for the purpose of discussing Collective Bargaining,Section 2(c)(2)and Personnel,Section 2(c)(1)of the Illinois Open Meetings Act. Upon roll call, Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried The Board moved to Executive Session from until 10:36 P.M.until 11:18 P.M. ADJOURNMENT Moved by Sussman,seconded by Terson,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:20 P.M. l ' Ir\• fiv Janetbian,Village Clerk APPROVED BY THIS 16th DAY OF April ,2012 Vi age President