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2012-08-06 - Village Board Regular Meeting - Minutes 12659 08/06/2012 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,AUGUST 6,2012 CALL TO ORDER President Braiman called the meeting to order at 7:32 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;Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Ann Marie Goura,Interim Deputy Village Manager; Robert Giddens,IT Director;Gregory Boysen,Director of Public Works;Robert Pfeil,Village Planner;Brian Sheehan,Deputy Building Commissioner—Operations;Carol Berman,Deputy Building Commissioner— Administration;Fire Chief Vavra and Police Chief Balinski. APPROVAL OF MINUTES Moved by Sussman,seconded by Berman,to approve the minutes of the July 9,2012 Rescheduled Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. Moved by Terson,seconded by Sussman,to approve the minutes of the July 23,2012 Committee of the Whole Meeting. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANTS#1193&#1194 Mr.Anderson clarified that what is being sought this evening is to ratify the Village Manager's approval of both of the interim warrants#1193 and#1194. Mr.Anderson read Warrant#1193. Moved by Ottenheimer,seconded by Stein,to approve Warrant#1193 in the amount of$1,467,938.33,authorizing payment of bills listed. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. Mr.Anderson read Warrant#1194. Moved by Stein,seconded by Terson,to approve Warrant#1194 in the amount of$2,187,653.71,authorizing payment of bills listed. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12660 08/06/2012 VILLAGE PRESIDENT'S REPORT President Braiman thanked everyone who volunteered,as well as all those who attended the Buffalo Grove Fine Art Fair last month and made it such a great success. President Braiman announced that the 2012 Buffalo Grove Days Parade Grand Marshall will be Rick Kahen. Mr.Kahen was with the Commission for Residents with Disabilities for over 20 years. The Village owes him a debt of gratitude and wants to congratulate him on this honor. President Braiman noted that the Village has again received a AAA Bond Rating,which is very important in our bond sale,and is affirmation of Buffalo Grove's long-standing record of fiscal responsibility. VILLAGE MANAGER'S REPORT Mr.Bragg introduced and welcomed Ann Marie Goura,who has been appointed as our Interim Deputy Village Manager. Mr.Bragg announced that the Village has been presented with a Distinguished Budget Presentation Award by the Government Finance Officers Association. This is a national award,and is conferred to government agencies whose budgeting process represents the highest quality commitment to developing the budget as a policy document,a financial plan,an operations guide and a communications device. There were only 1,289 entities throughout North America that received this distinction,so it is a great honor for the Village. Mr.Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for June and July,2012. Mr.Anderson presented the Fiscal Year 2012 Six Month Financial Report,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared,as well as his memo to Mr.Bragg of July 31,2012. Mr.Anderson then answered questions from the Board. TRUSTEE REPORTS Trustee Stein reported on the Sharps and Prescription Drug Disposal Programs coordinated by the Buffalo Grove Health Department and the Solid Waste Agency of Northern Cook County. Trustee Sussman reported on the BBQ Challenge to be held upcoming Buffalo Grove Days Festival,and noted that there is still time to enter. Trustee Terson reported that National Night Out,hosted by the Buffalo Grove Park District,will be held on August 7,2012,and he urged residents to come out and enjoy this event at Willow Stream Park. Trustee Stein reported on the Buffalo Grove Farmer's Market held each Sunday morning at 951 McHenry Road. 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. Ordinance#2012-32—Windbrooke Crossing Motion to pass Ordinance#2012-32,granting variations to certain sections of the Buffalo Grove Sign Code for the Apartments at Windbrooke Crossing, 1160 Windbrooke Drive. 12661 08/06/2012 Ordinance#2012-33—Aggregation Program Agreement �./ Motion to pass Ordinance#2012-33,approving an Amendment to the Aggregation Program Agreement. FY 2011 Audit Acceptance Motion to accept the Fiscal Year 2011 Audit. Fire Hydrant Painting Motion to authorize bid waiver and award a contract for Fire Hydrant Painting. Moved by Berman,seconded by Trilling,to approve the Consent Agenda. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2012-34—ZONING ORDINANCE Moved by Sussman,seconded by Terson,to pass Ordinance#2012-34,amending the Comprehensive Zoning Ordinance,Title 17 of the Village of Buffalo Grove Municipal Code concerning a pet resort as a special use in the Industrial District. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2012-35—BARKINGTON PALACE Moved by Sussman,seconded by Ottenheimer,to pass Ordinance#2012-35,approving a special use for a pet resort in the Industrial District,Barkington Palace,300 Lexington Drive. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Renee Sclafani,on behalf of herself and her partner,Linda Webster,gave a brief presentation outlining the facility and its services. Joseph Sclafani thanked the Village for all of their assistance,and noted that all of the concerns raised by the Board and Building&Zoning have been addressed. Trustee Berman thanked the petitioners for their flexibility and cooperation throughout the process,and welcomed them to the Village. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12662 08/06/2012 ORDINANCE#2012-36—GENERAL OBLIGATION BONDS Moved by Berman,seconded by Trilling,to pass Ordinance#2012-36,providing for the issuance of General Obligation Corporate Purpose Bonds,Series 2012,of the Village of Buffalo Grove,Lake and Cook Counties, Illinois,providing for the levy and collection of a Direct Annual Tax for the payment of the principal of and interest on said Bonds and approving a Record Keeping Policy and other Post Issuance Compliance Matters,in accordance with the revised version of the ordinance passed out in hard copy on the dais tonight. Trustee Stein recused himself from discussion on this issue. Mr.Anderson reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item that he prepared,as well as his memo to Mr.Bragg of August 2,2012. Kevin McCanna,Speer Financial,reviewed the activity that took place this morning during the auction for the bonds,noting that our double AAA rating made this a wonderful sale. Upon roll call,Trustees voted as follows: AYES: 5—Berman,Trilling,Terson,Sussman,Ottenheimer NAYS: 0—None RECUSED: 1—Stein Motion declared carried. ORDINANCE#2012-37-CROWN TROPHY Moved by Sussman,seconded by Berman,to approve a special use for an accessory retail area in the Industrial l District,Crown Trophy, 1340 Busch Parkway. V Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Charlene Berger,owner,reviewed the request of Crown Trophy,and thanked staff for all of their help in bringing her request to fruition. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2012-38—THE PLAZA Moved by Stein,seconded by Sussman,to pass Ordinance#2012-38,approving a First Amendment to Assignment, Assumption and Amendment of the Contingent Infrastructure Agreement for The Plaza at Buffalo Grove Shopping Center,in accordance with the draft presented tonight dated 8/6/2012. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Thomas Moffitt presented a brief overview of the proposed project,and answered questions from the Board. Mr.Boysen reviewed his meetings with Cook County regarding the permits. l , Mr.Raysa confirmed that he has reviewed everything and finds it to be acceptable. 12663 08/06/2012 Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. RESOLUTION#2012-30—2012 CONTRACTUAL STREET MAINTENANCE Moved by Stein,seconded by Ottenheimer,to pass Resolution#2012-30,approving an Agreement for Construction Engineering Services for the 2012 Village Wide Contractual Street Maintenance Project—Phase 2. Mr.Bragg reviewed the bid waiver and execution of the proposed agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Trustee Berman clarified that this Phase 2 of the Street Maintenance Program substantially increases the scope of work that will be done by the Village this year for street maintenance,so we are essentially doubling the scope of work,which accounts for the increase in fees paid to the engineers. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 787 STONEBRIDGE LANE Mr. Sheehan presented a brief summary of the deliberations that took place at the Zoning Board of Appeals Meeting with reference to this property. L Colleen Pragalz and Oscar Rivera,787 Stonebridge Lane,reviewed their request for reversal of the ZBA decision. Moved by Trilling,seconded by Terson,to overturn the Zoning Board of Appeals decision to deny the request made by Colleen Pragalz and Oscar Rivera,787 Stonebridge Lane,for variance of Fence Code,Section 15.20.040, pertaining to Residential Districts. ZBA Commissioner Windecker reviewed the reasons that this request was denied at the ZBA. ZBA Commissioner Cesario reviewed the reasoning for the other side of the issue. After discussion by the Board,President Braiman polled the Board as to whether the distance from the sidewalk should be 18"or 36": 18" 5—Berman,Trilling,Sussman,Terson,Ottenheimer 36" 1—Stein Upon roll call,Trustees voted as follows on the motion: AYES: 5—Berman,Trilling,Sussman,Terson,Ottenheimer NAYS: 1 —Stein Motion declared carried. 2012 VILLAGE WIDE CONTRACTUAL STREET MAINTENANCE Moved by Stein,seconded by Sussman,to award bid for Calendar 2012 Village Wide Contractual Street Maintenance Program—Phase 2,pursuant to information supplied in Board packets. Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. 12664 08/06/2012 Upon roll call,Trustees voted as follows: �./ AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. CAMBRIDGE COMMONS Mr.Bragg introduced Nick Vittore,representing Fresh Farms International Market,Inc. Mr.Vittore is going to review the proposed project. Staff is seeking concurrence from the Board on an economic incentive for Mr. Vittore's company's proposed project,and subsequent to that staff would come back with an economic incentive agreement as well as a Plan Commission referral for the development of this site. Mr.Vittore then provided a presentation concerning his company's proposal to re-design the entire shopping center, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Bragg. Mr.Bragg reviewed the details of the proposed economic incentive plan. Moved by Terson,seconded by Sussman,to approve the Economic Incentive for Cambridge Commons/Fresh Farms as proposed. President Braiman noted that he believes this is a good plan for that shopping center,and acknowledges that,in these times,economic incentives are often a necessity. Mr.Vittore stated that they would hope for completion in 12-18 months. In answer to a question from Trustee Trilling,Mr.Vittore reviewed the proposed parking,and the financial aspect of the proposal. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. BRIGHT FUTURE Moved by Stein,seconded by Sussman,to refer the petition for a special use for a recreational use in the Industrial District,Bright Future, 1370 Abbott Court,to the Plan Commission for review. Natalie Kolesnyk,reviewed the request of the petitioner,and presented a background on the organization and the services that will be provided. Lisa Stone, 1924 Beverly Lane,Buffalo Grove,Illinois 60089,asked if this facility is served by Lake Michigan water. President Braiman confirmed that every facility within the corporate limits of Buffalo Grove is served by Lake Michigan water President Braiman asked that the Plan Commission look closely at the parking situation. Ms.Kolesnyk stated that they are required to be licensed by DCFS,and DCFS will inspect the facility. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12665 08/06/2012 PERFORMING ARTS CENTER Moved by Sussman,seconded by Berman,to refer a proposed performing arts center,225 McHenry Road,Buffalo Grove Park District redevelopment of the Beth Am property,to the Plan Commission for review. Trustee Terson noted that he does work for the work for the Buffalo Grove Park District. Trustee Trilling noted that he is a member of the Beth Am congregation, Dan Schimmel,Executive Director for the Buffalo Grove Park District,made a presentation regarding the proposed facility,details of which are contained in the Village Board Meeting Agenda Item Overview,as well as his memo to Mr.Bragg of August 1,2012. Ted Haug,Legat Architects,reviewed the architectural work to be done on the site. President Braiman noted that the parking needs to be looked at carefully by the Plan Commission. Mr.Haug and Mr.Schimmel then answered questions from the Board. In answer to a question from Trustee Berman,Mr.Schimmel stated that they will do whatever the Village requests with regard to the outside structures;he also confirmed that the ceilings will have to be made quite a bit higher for the productions;it is anticipated that there will be set construction at this site,but they will take steps to be sure that the noise would not affect the neighbors. Lisa Stone,resident,suggested that the Village publish on its website that Beth Am will no longer be meeting at this location and congregants will need to know where to go to attend worship. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. CENTRAL BUSINESS DISTRICT CONCEPT PLAN Mr.Bragg introduced Chuck Malk,CRM Properties Group,and David Malk and Chris Siavelis,as well as Keith Youngquist,architect. Mr.Malk is going to provide a presentation on his concept for a central business project for the Village of Buffalo Grove. Staff has been working with Mr.Malk for the last few months on the proposed project. There would be four separate districts,i.e.an entertainment district,a public services district,a retail and dining district and a residential district,in a true to form downtown style development for the Village. This project has several challenges. It is a long-term view. There is nothing to be presented tonight that has been agreed upon or is considered to be final by any stretch of the imagination After providing a brief history of his contacts with the Village,as well as recent developments with which he has been involved,Mr.Malk made a presentation as to what is envisioned for the proposed development. President Braiman reviewed the meetings that have taken place over the past few months,and noted that he is pleasantly surprised at the concept;he believes this concept is different because it does integrate the municipal,the private,and the public aspect;he believes the potential is enormous,but there is a lot of work to be done. Among the issues to be worked out are whether or not the golf course open space should be changed into something else, zoning issues,financing issues,and the plan itself,so this will be a long journey if it is to come to fruition. There is concern so as to not repeat the mistakes that have been made previously. Mr.Bragg then reviewed some of the details of this project. All of the materials provided to Village Board members will also be available to the public on the Village website. 12666 08/06/2012 If the Board wishes to proceed,staff is recommending the establishment of a development review committee,which involves members of the developer's team,Village staff,Plan Commission and designees from the Village Board. If the Board wishes to proceed,at a later date staff would seek external assistance concerning legal regarding large scale mixed use developments,market analysis,site planning,space needs analysis for municipal buildings,and golf course planning. Trustee Berman stated that he is consistently asked why Buffalo Grove cannot have a downtown,and he believes the concept is fabulous,but this is going to be a difficult process and"the devil is in the details". This will be a difficult process and there are a lot of questions to be answered and a lot of hurdles to be overcome, but if this can come to fruition,he believes it is a terrific opportunity for the community and he looks forward to working with the developer. In answer to a question from Trustee Berman,Mr.Malk cited the reasons that he has the confidence to believe that this project will be a success. Mr.Malk also reviewed his methods for talking directly to and working with residents directly affected by the project. Stormwater management has been investigated and they believe that this can be engineered successfully. Even though it has a long way to go,Trustee Sussman believes this is a very exciting proposal;she has always felt that the golf course land could be put to better use and she believes this would serve a very good function for that land;she also believes that there could be many jobs provided for our residents. Trustee Terson thanked Mr.Malk for the excellent work that he and his staff have done;he believes this is fabulous; he believes the number of homes within walking distance of the project is a plus. Trustee Ottenheimer thanked Mr.Malk for taking an interest in Buffalo Grove,and he hopes that it is a win/win situation for everyone;he realizes there is an enormous amount of work to be done. Trustee Stein stated that,during his campaigning,he continually encounters residents asking about a downtown,and he believe this plan exceeds resident expectations;he does want to be sure that adjacent residents are protected, including the St.Mary property;he is looking forward to seeing it to fruition. Mr.Malk is honored to be considered to be doing this project and he is looking forward to working Buffalo Grove. President Braiman stated that Mr.Malk and his team have been extremely cooperative throughout their meetings over the past few months. In answer to a question from Trustee Trilling,Mr.Malk stated that this plan as it stands today is optimizing all the elements that he feels that he needs to make a successful development. In answer to a question from President Braiman,Mr.Malk stated the response that he has received from retailers has been very positive. President Braiman directed Mr.Bragg to begin to assemble the team. Lisa Stone,resident,suggested incorporating this project together with the Town Center so as to not have to build over the golf course. Mr.Malk responded to Mrs. Stone as to why that is not feasible,and noted that Village staff has represented the taxpayers of the community extremely well. I 1 12E67 08/06/2012 BUFFALO GROVE DAYS v Trustee Terson stated that he would like to ban smoking entirely at Buffalo Grove Days. Trustee Berman said that a vote cannot be taken on the issue tonight because it was not published. Discussion ensued,and the Buffalo Grove Days Committee noted the steps that have been taken to be sure that the festival is smoke free on the majority of the grounds. OUESTIONS FROM THE AUDIENCE President Braiman asked if there were any questions from the audience on items not on tonight's agenda. Lisa Stone,resident,commented on Resolution#2007-30,the Pekara wells,and Waterstock. ADJOURNMENT Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:19 P.M. S Y�'\. . +,'��..A-et. i M wi.; Janet M. 'irabian,Village Clerk APPROVED BY ME THIS 10th DAY OF September ,2012 iI IA': ' c , ___:__ ,.„ illage 'resident 04 I 1 LI