Loading...
2012-06-18 - Village Board Regular Meeting - Minutes 12645 06/18/2012 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,JUNE 18,2012 CALL TO ORDER President Braiman called the meeting to order at 7:34 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;Robert Giddens,IT Director;Robert Pfeil,Village Planner;Gregory Boysen,Director of Public Works;Mike Skibbe, Civil Engineer;Brian Sheehan,Deputy Building Commissioner—Operations;Police Chief Balinski;Police Sergeant Bethge and Deputy Police Chief Husak. APPROVAL OF MINUTES Moved by Berman,seconded by Stein,to approve the minutes of the June 4,2012 Regular Meeting. Upon roll, Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. Moved by Stein,seconded by Ottenheimer,to approve the minutes of the June 11,2012 Committee of the Whole Meeting. Upon roll,Trustees voted as follows: AYES: 5—Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSTAIN: 1 —Berman Motion declared carried. WARRANT#1191 Mr.Anderson read Warrant#1191. Moved by Ottenheimer,seconded by Berman,to approve Warrant#1191 in the amount of$1,914,570.53,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. RESOLUTION#2012-23—ROUTE 53 President Braiman read the proposed resolution concerning Route 53,details of which are contained in the Village Board Meeting Agenda Item Overview. Moved by Berman,seconded by Ottenheimer,to pass Resolution#2012-23,expressing support for the Illinois Route 53 Corridor Tollway Improvements. 12646 06/18/2012 Rob Sherman,resident,urged the Board to either vote against the proposed resolution or table it and come up with a resolution stating that Buffalo Grove supports the extension of Route 53,but not this particular proposal. Mr. Sherman he believes that it is not in the public interest;he believes that it is unrealistic to think that people will pay a toll to drive only 45 miles per hour;he believes that Cook County residents will be unfairly taxed in this proposal. President Braiman responded to Mr. Sherman's concerns. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. VILLAGE MANAGER'S REPORT Mr.Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for May,2012;there were no questions on the report. Sergeant Roy Bethge presented a technology update on the MDT,CAD and Radio Program updates that are under way in the Police Department,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Sergeant Bethge then answered questions from the Board. Mr.Bragg thanked all those who put in a great deal of time into these projects. Deputy Chief Husak made a brief presentation about the Illinois Traffic Safety Chiefs Challenge,which judges each department in the area of Policy&Guidelines,Training,Incentive and Recognition,Public Information&Education Enforcement Activity,and Effectiveness of Efforts. The Buffalo Grove Police Department has been actively participating in the Illinois and National Traffic Challenge since 1994,over which time they have been recognized 41 times at the State and National level for their various traffic safety programs. �•/ TRUSTEE REPORTS Trustee Ottenheimer congratulated and thanked Trustee Berman for another successful effort for this year's Relay for Life. Trustee Trilling cited several examples where the Citizen Partnership program with the Buffalo Grove Police Department has worked to decrease crimes in Buffalo Grove,and he urged residents to call 9-1-1 when witnessing community safety issues and illegal activities. Trustee Trilling thanked Jim Pawlak,a member of the Buffalo Grove Days Committee,for his efforts in producing,at his own expense,a DVD set containing 1,500 photographs of Buffalo Grove Days 2011. Trustee Sussman noted that Hal Norman,a member of the Buffalo Grove Days Committee,also takes pictures for Buffalo Grove Days. Trustee Berman commented on the successful Relay for Life which took place at Stevenson High School this past weekend,and he thanked the Board and the staff for their participation. The students from Buffalo Grove and Stevenson High School did a terrific job to create a fundraiser for an amazingly worthy cause. Trustee Terson encouraged all residents to attend the Farmer's Market this week especially,as the Buffalo Grove Park District's Environmental Action Team is hosting a Green Fair at the same time. Trustee Stein noted that the Farmer's Market did open yesterday,and urged everyone to attend. Trustee Sussman noted that Paulette Greenberg and Chuck Pozniak from the Farmer's Market are in the audience. 12647 06/18/2012 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. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Resolution#2012-24—Capital Expenditures Motion to pass Resolution#2012-24,declaring Official Intent regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation. Resolution#2012-25—Profession Engineering Services Motion to pass Resolution#2012-25,approving an Agreement to Provide Professional Engineering Constructions Services for the Old Treatment Plant and Cambridge on the Lake Lift Station Rehabilitation. Tree Growing Contract Motion to authorize an amended 2012 Tree Growing Contract. Plaza Verde Retail Motion to approve Supplemental Watermain Easement Plat,Plaza Verde Retail. Moved by Stein,seconded by Berman,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. MUNICIPAL CODE—WATER&SEWER RATES Mr.Anderson reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Trustee Trilling thanked Mr.Anderson for a very clear and concise report. Trustee Stein complimented the Village of Buffalo Grove on the way that we have been able to maintain the price of water over the years,but he does realize that it would not be responsible to continue at that price and we do need to raise the rates to be able to fund the infrastructure for the future. President Braiman stated that officials from other communities have told him that,when they created water rate comparisons for their own towns,they actually did not include the rate for Buffalo Grove because it was so unreasonably low that it was not relevant. Unfortunately,there is a price to pay for that,and the rates now must be raised. He believes this is an appropriate way of doing so,and he also thanked staff for all of the effort that they put into this proposal. Moved by Berman,seconded by Terson,to pass Ordinance#2012-24,amending Section 13.04.190 and 13.04.290 of Title 13 of the Village of Buffalo Grove Municipal Code,in accordance with the presentation from Mr.Anderson this evening,and the memorandum contained in Board packets. Lisa Stone,resident,commented on Buffalo Grove's water rates. Rob Sherman,resident,stated that he has great respect for all Board members as well as the previous members, and noted that it is because of them and the staff that rates have been so low for so long,and he completely 12648 06/18/2012 agrees with everything Mr.Anderson stated. The reason that he is speaking now is that he is asking respectfully that the Board table this item until the next meeting because he believes that it is wrong that a water and sewer rate increase be listed on the agenda as only amending certain sections of the Municipal Code. Mr. Sherman is not opposed to the rate increase,but he believes more adequate notice and information should be provided to residents. President Braiman stated that,although he agrees that the language could have been more specific,complete Board packet information is available to residents on the website or through request to the Village Manager's office. This item was discussed at a Committee of the Whole Meeting in April,and that meeting was extensively covered by the newspapers. Trustee Trilling thanked Mr. Sherman for a coherent statement,and he does agree with him. In answer to a question from Trustee Stein,Mr.Anderson stated that there is a timing issue regarding conversations with the rating agencies,and postponing ordinance approval for three weeks will make it tight, but they can manage. Moved by Trilling,seconded by Stein,to table Ordinance#2012-24,amending Section 13.04.190 and 13.04.290 of Title 13 of the Village of Buffalo Grove Municipal Code as presented. At the request of Mr. Raysa,Trustees Trilling and Stein amended the motion to table until the July 9,2012 Regular Meeting. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. BURDEEN'S JEWELRY Alex Vaysman,representing the Dobbins Group,reviewed the request of Matt Burdeen of Burdeen's Jewelry seeking referral to the Plan Commission to construct a free-standing building on the far east side of the PNC bank property located at the southeast corner of Lake Cook and Arlington Heights Roads. Details of this request are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Trustee Ottenheimer stated that the Plan Commission needs to closely look at sufficient parking needs for the entire site. President Braiman stated that the relationship with the residential area to the south needs to be looked at closely also. Moved by Sussman,seconded by Berman,to refer the Amendment of the Planned Unit Development, 1177 Lake Cook Road,construction of a free-standing facility east of PNC Bank for Burdeen's Jewelry to the Plan Commission for review. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. CULVER'S Mr.Bragg reviewed the proposed request from Culver's of Buffalo Grove,450 McHenry Road. Trustee Stein reported that he received a campaign contribution from Culver's during his 2011 campaign for Trustee,however,he does not believe it will affect his decision. 12649 06/18/2012 Kevin Weasler,owner of Culver's of Buffalo Grove,summarized his request to appeal the decision of the Zoning Board of Appeals to deny his request for a directional sign,details of which are contained in the Village Board Meeting Agenda Item Overview. Mr. Sheehan reviewed the deliberations that took place at the ZBA Meeting. Trustee Terson stated that he believes that this is a great idea;he believes it is a great opportunity for the Village to help a business owner look for a creative way to support his business;he does not believe this sets a bad precedent;the property owner where the sign would be located does not object to the sign;he does not believe the extra traffic on the access road would be enough to impact the maintenance of the road. Trustee Sussman stated that she was impressed with the letters and emails received by the Board in support of this proposal. In answer to a question from Trustee Berman,Mr.Raysa reviewed the criteria for issuing a variance,which in this case is governed by the B-5 Zoning Ordinance. Joel Garson,Hillcrest Property Management,stated that he does not believe that any of the recommendations in favor of this sign have an address of Town Place,and the Town Place residents are the ones that will be affected by having more traffic go through their area. David Phillips,451 Town Place,stated that their street is by and large a residential road,and that although Culver's may have the permission of Belmont,they never asked Town Place residents to use Town Place Parkway for all this additional traffic. Trustee Terson stated that he does not believe that the proposed sign is going to negatively affect property values,and he does not believe the increase in traffic will have an impact on upkeep,and he does support the proposed sign. In answer to a question from Trustee Stein,Mr.Pfeil noted that the condo association does own and maintain the private road,but it is a public access easement and they would not be able to restrict access. In answer to a question from Trustee Ottenheimer,Mr.Raysa again reviewed the criteria for a variance,noting that all three criteria are mandatory. Trustee Trilling stated that Mr.Weasler has been a wonderful corporate citizen,but ultimately the law is the law and unfortunately that last criteria refers to altering the character of the neighborhood,and this would make it difficult for him to support as he does believe that it would cause a detrimental effect to the west entrance. Mr. Sheehan stated that the comments at the ZBA concluded that the proposed sign did not meet the criteria, and they recommended modification to make it more in character with the neighborhood. Trustee Sussman noted that she wants to approve this because Mr.Weasler does wonderful things for the community. In response to Trustee Sussman,Mr.Garson stated that the Boards of all five of the associations have requested that he appear and represent them to request that the appeal be denied. In answer to a question from Trustee Berman,Mr.Raysa stated that the owner of the Culver's parcel needs to demonstrate unique circumstances. Mr. Sheehan stated that there was nothing presented specifically as to the uniqueness of the site. Trustee Berman stated that he greatly respects the work Mr.Weasler and his business have done in the community,and the goal of the Board is always to try to work in a positive manner with a viable business in the Village,but there is also a balancing that has to take place,and that is the interest of other directly impacted parties. The Zoning Code needs to be applied in a consistent and non-arbitrary manner,and cannot involve he fact that the business is a good citizen and the owner is well liked,and he does believe the ZBA got it right. V 12650 06/18/2012 Mr. Weasler stated that he does not believe that this would change the character of the neighborhood,and he believes the other two criteria may be subjective,and he believes that all three criteria are in their favor. Trustee Stein agreed that this is a very difficult decision because of all the positive things that Culver's does for the community,but he believes that the comments from the condo association need to be considered. President Braimain stated that the Village does try to be business friendly,so this is a difficult decision. President Braiman does also have a concern about setting precedent. Moved by Berman,seconded by Trilling, to confirm the decision of the Zoning Board of Appeals and deny the appeal of Culver's of Buffalo Grove,450 McHenry Road,of the decision of the ZBA to deny their request for variation of Zoning Ordinance Section 17.44.060.E.6,pertaining to signs as described in the decision of the Zoning Board of Appeals included in Board packets. Lisa Stone,resident,stated that she believes that it is alarming that the Village spends so much time on signs. Upon roll call,Trustees voted as follows: AYES: 5—Berman,Trilling, Sussman,Stein,Ottenheimer NAYS: 1 —Terson Motion declared carried. 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. Lisa Stone, 1924 Beverly Lane,commented on sexual predators and molestation,the Pekara Subdivision,Land & Lakes landfill,fences, water treatment facilities and pedophiles. Bonnie George,resident,commented on her employment with the Village and the hiring of an intern. Rob Sherman stated that he objects to the Village telling residents what opinion they should have pertaining to the Illinois Tollway Board,as was done in the last E-Newsletter. Mr. Sherman stated that he would like to offer a differing opinion on this matter in the upcoming E-Newsletter. Mr. Sherman stated that he is an expert on public participation in government,and he will be happy to meet with elected officials to help control Village Board meetings. Jan Stickel,3220 Indian Creek,stated that she is a long time involved resident of the Village. Mrs. Stickel noted that Village Board Meetings have gotten out of control;she commented on the water quality project and on government in Illinois. EXECUTIVE SESSION Moved by Terson,seconded by Berman, to move to Executive Session for the purpose of discussing 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 9:53 P.M. until 10:15 P.M. V 12651 06/18/2012 ADJOURNMENT Moved by Ottenheimer,seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:22 P.M. Janet-M Sirabian, Village Clerk APPROVED BY ME THIS 9`h DAY OF July ,2012 illage President L