2012-09-10 - Village Board Regular Meeting - Minutes 12668
09/10/2012
MINUTES OF THE RESCHEDULED REGULAR MEETING OF THE VILLAGE BOARD OF THE
c. VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, i
BUFFALO GROVE,ILLINOIS ON MONDAY,SEPTEBER 10,2012
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; Katie Skibbe, Assistant
Director of Finance;Art Malinowski, Director of Human Resources;Anne Marie Gaura, Interim Deputy Village
Manager; Robert Giddens, IT Director;Gregory Boysen, Director of Public Works;Rick Kuhl,Deputy Director of
Public Works; Brett Robinson,Public Works Technical Services Manager;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 Ottenheimer,seconded by Berman,to approve the minutes of the August 6,2012 Regular Meeting. Upon
roll,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
v Motion declared carried.
Moved by Stein, seconded by Terson,to approve the minutes of the August 20,2012 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#1195ҬҭҮ
Ms. Skibbe read combined Warrants#1195,#1196,#1197 and#1198. Moved by Terson,seconded by Trilling,to
approve Warrants#1195,#1196,#1197 and#1198 in the amount of$3,458,287.69,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.
VILLAGE PRESIDENT'S REPORT
President Braiman read a Proclamation declaring September 19,2012 as"No Text on Board—Pledge Day"and
encouraged all drivers to take the pledge to never text and drive again.
President Braiman reported that there will be a regular meeting prior to the scheduled Committee of the Whole
Meeting on September 24,2012 for the purpose of consideration of a Special Use permit for use of the premises
located at 225 McHenry Road for a performing arts facility and on petition of the Buffalo Grove Park District.
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President Braiman thanked everyone who participated,as well as the Buffalo Grove Days Committee, for the
incredible amount of time and effort that was put into another successful Buffalo Grove Days celebration over
Labor Day weekend.
VILLAGE MANAGER'S REPORT
Buffalo Grove Police Officer James Harris received the Village's first quarter 2012 Above and Beyond the Call of
Duty award. Officer Harris was given a plaque after Mr. Bragg related his efforts to provide assistance to residents
of West Liberty, Kentucky following the March 2,2012 tornado that struck the town. Officer Harris accepted the
award before receiving congratulations from the audience and the Village Board.
Mr. Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for
August,2012.
Bob Andres, Civiltech Engineer,provided a report on the Weiland Road/Lake Cook Road Phase I project status.
Jeff Lieberman,2250 Avalon Drive,stated that he appreciated the update,and proceeded to ask questions of Mr.
Andres. Mr. Andres answered Mr. Lieberman's questions as well as questions from the Board.
Mr. Lieberman stated that he wishes to be on record as being against the project.
TRUSTEE REPORTS
President Braiman wished Trustee Stein a Happy Birthday today.
Trustee Sussman reported that SWANCC,the Village of Buffalo Grove,and the Buffalo Grove Park District
Environmental Action Team will sponsor the 2012 Document Destruction and Electronics Recycling on
Saturday, September 15,2012 at 151 Hastings Drive.
Trustee Sussman reported that the Chicago Wheelchair Bulls Basketball Team will host an exhibition game
against the firefighters of Buffalo Grove and Arlington Heights on November 10,2012 at Miner Middle School in
Arlington Heights. Proceeds will go to support the Chicago Wheelchair Bulls.
The Village Clerk reminded residents that the last day to register to vote in the 2012 Presidential Election is
October 9,2012.
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.
Ordinance#2012-39—Thompson Boulevard
Motion to pass Ordinance#2012-39,amending Title 10 of the Village of Buffalo Grove Municipal Code
(designation of No Parking on Thompson Boulevard east of Arlington Heights Road).
Ordinance#2012-40—Knockout Buffalo Grove
Motion to pass Ordinance#2012-40,granting a variation to the Buffalo Grove Municipal Code pertaining to Signs
for Knockout Buffalo Grove, 190 McHenry Road.
Ordinance#2012-41 —Connoisseurs Encounters
Motion to pass Ordinance#2012-41,amending Chapter 5.20,Liquor Controls,Class H,Connoisseurs Encounters
�•/ Co., Inc.
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Ordinance#2012-42—Michael's Red Hots
Motion to pass Ordinance#2012-42,amending Chapter 5.20,Liquor Controls,Class E, Michael's of Buffalo Grove,
Inc.
Ordinance#2012-43—Fabish Drive
Motion to pass Ordinance#2012-43,amending Title 10 of the Village of Buffalo Grove Municipal Code
(designation of No Parking on the south side of Fabish Drive west of Highland Grove Drive).
Resolution#2012-31_—Deferred Compensation
Motion to pass Resolution#2012-31,amending the Village of Buffalo Grove's Section 457 Deferred Compensation
Plan(ICMA-RC#300521)to permit loans.
Resolution#2012-32—Sergeant Chrobak
Motion to pass Ordinance#2012-32,commending Sergeant Deb Chrobak for her years of service as a Police Officer
in Buffalo Grove from 1990 to 2012.
Security Camera Enhancements
Motion to award contract for Security Camera Enhancements.
2012 Sewer Televising
Motion for authorization to reject all bids,waive bids and award contract,2012 Sewer Televising.
Mosquito Abatement
Motion for authorization to waive bids and request proposals—Mosquito Abatement Contract.
General Merit Wane Pool
Motion to award general merit wage pool for 2012.
Tree Removal Services
Motion to authorize bid for 2012-2015 Tree Removal Services.
A resident requested that the following items be removed from the Consent Agenda:
Item 10. I—2012 Sewer Televising
Item 10. J.—Mosquito Abatement
Item 10. L.—Tree Removal Services
Moved by Terson, seconded by Sussman,to approve the Consent Agenda minus the above items. 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#2012-44—ZONING ORDINANCE
Moved by Sussman, seconded by Terson,to pass Ordinance#2012-44,amending the Comprehensive Zoning
Ordinance,Title 17 of the Village of Buffalo Grove Municipal Code concerning an automobile laundry as a special
use in the B-2 and B-3 Districts.
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Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr. Pfeil.
Mr. Pfeil clarified the difference between an automobile laundry and a car wash.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2012-45—BUCKY'S EXPRESS
Moved by Terson, seconded by Sussman,to pass Ordinance#2012-45,amendment of PUD for re-build of the gas
station and convenience store,and approval of a special use for an automobile laundry in the B-3 District, Bucky's
Express, 1251 McHenry Road.
Walter Hainsfurther,Kurtz Associates Architects,presented an overview of the project,details of which are
contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil.
Trustee Stein commented on the sign package,and stated that his main concern is the 15' high sign that is 2' from
the property line,which he feels is too close to the street.
Richard McMahon,Buchanan Energy, commented on the sign package and the needs of the developer.
Mr. Sheehan confirmed that there were no Village Engineer's comments as far as the sight lines,and the comments
that were forwarded to the Plan Commission were that the sight location was acceptable and there are no problems
l , with the sight lines.
�•/ Trustee Trilling questioned the hours of the car wash,noting that they are from 6:00 A.M.to 10:00 P.M.;these hours
are the same as the gas station across the street. Trustee Trilling stated that he would prefer that the hours of the car
wash be from 7:00 A.M.to 9:00 P.M.
Mr. Hainsfurther stated that those hours would put them at a competitive disadvantage with the facility across the
street.
Thomas Thunder,Acoustic Associates,stated that the noise study would not support those more restricted hours.
The study shows that ambient begins to drop at 11:00 P.M.and tends to come back up at 5:00 A.M.,which would
mask any noise from the car wash.
Trustee Berman stated that he agrees with Trustee Stein with regard to the sign package,and he is pleased to see that
the developer made an attempt to constructively address some of the concerns raised by the ZBA.
In response to Trustee Berman, Mr. Hainsfurther stated that they believe that the pylon sign is in a safe location and
it needs to be close to the street.
Trustee Berman stated that he has a concern with the large number of variances being requested for this project. The
fact that the developer is attempting to put facilities on a lot that requires extensive variations suggests that this
proposal requires special scrutiny. This neighborhood will be impacted in way that it has not been impacted
previously.
Mr. Hainsfurther stated that they are ready to work with the Village,but there are certain areas where their hands
are tied.
In answer to a question from Trustee Ottenheimer, Mr.Pfeil reviewed the zoning on both parcels. Trustee
Ottenheimer stated that he believes that this facility should be able to have the same hours as the competition across
the street.
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In answer to a question from Trustee Sussman, Mr. Sheehan stated that he has not received any complaints
regarding hours of operation at the Shell station.
In answer to a question from Trustee Terson, Mr. Pfeil stated that there were noise studies done when the Shell
facility was initially opened. Mr.Thunder commented on noise levels.
Plan Commissioner Kahn noted that numerous residents attended the Plan Commission and expressed concerns
about the noise.
In answer to a question from Trustee Berman,Mr. Pfeil stated that the two negative votes at the Plan Commission
were from commissioners who were concerned with the number of variations,primarily the zoning variations.
Lisa Stone,resident,commented on the location of 1251 McHenry Road.
Mr. Raysa confirmed that the base of the sign will be adjusted for a maximum height of 13',the lunch sign on the
south side will be removed,and asked that approval of the ordinance be subject to these modifications.
Trustees Terson and Sussman accepted the amendment to the ordinance.
Trustee Trilling noted that, if the hours of operation are not modified,he will vote negatively on the ordinance.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 4—Sussman,Terson, Stein,Ottenheimer
NAYS: 2—Berman,Trilling
Motion declared carried.
l ' ORDINANCE#2012-46—BURDEEN'S JEWELERS
�•/ Moved by Terson,seconded by Sussman,to pass Ordinance#2012-46,approving a Preliminary Plan and
amendment of a Planned Unit Development for a retail building in the B-3 District, Burdeen's Jewelers, 1151 Lake
Cook Road.
Matt Burdeen, 1 148 Lake Cook Road,presented an overview of the proposed project,details of which are contained
in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil. Mr. Burdeen thanked Mr. Pfeil and
staff for their outstanding assistance in bringing this project to fruition.
Trustee Sussman stated that she remembers having Matt as a 6`h grade student of hers,and she believes the proposed
building is beautiful.
Trustee Berman stated that he appreciates the fact that Burdeen's is investing and maintaining a business in the
community.
Trustee Ottenheimer echoed Trustee Berman's comments and welcomed Burdeen's to their new location.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ARNS PROPERTY
Patrick Arns and Colleen Arns,23077-89 N.Prairie Road and 16471 W. Brockman Avenue,petitioners,reviewed
their request for annexation,details of which are contained in the Village Board Meeting Agenda Item Overview
prepared by Mr. Pfeil.
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President Braiman explained why the entire parcel would be welcomed for annexation,but Buffalo Grove would not
` ./ want to develop only sections of the parcel.
Mr. Arns explained why they believe that the parcels need to be annexed separately.
Mr. Bragg stated that staff has had several discussions with the Arns over the past few months,and the position of
staff is that it is preferable that both properties come in under the existing boundary agreement with Lincolnshire.
Discussion took place with regard to the agreement with Lincolnshire.
Lisa Stone,resident, commented on the water.
President Braiman polled the Board: YES indicates favor of annexation of the west two(2)parcels;NO indicates
favor of annexation of all four(4)parcels:
YES: 0—None
NO: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
President Braiman said that the Village of Buffalo Grove would welcome annexation of the entire parcel.
CAMBRIDGE ON THE LAKE LIFT STATIONS
Moved by Stein,seconded by Sussman,to award bid for the upgrading of the Old Treatment Plant&Cambridge on
the Lake Lift Stations to Mark Kresmery Construction as documented 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.
`./ Trustee Trilling clarified that this is an intent to award bid,which staff would eventually be authorized to negotiate.
Trustees Stein and Sussman amended the motion to reject all bids,waive bid and authorize staff to negotiate with a
vendor.
Trustee Trilling stated that he is disappointed by the apparent lack of interest on behalf of a number of contractors in
bidding this project,and moving forward,he would ask staff to ensure that there are multiple bids obtained.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
PARKWAY TREES
Moved by Stein,seconded by Berman,to authorize bid waiver and purchase for 700 trees for replacement of
parkway trees affected by the Emerald Ash Borer as documented in Board packets.
Mr. Bragg reviewed the bid waiver and agreement,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr. Skibbe.
Trustee Berman asked that the motion be"subject to the subsequent approval of the revolving line of credit".
Trustees Stein and Berman agreed to the amendment.
Upon roll call,Trustees voted as follows on the amended motion:
II
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AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
TREE GROWING CONTRACT
Moved by Stein,seconded by Ottenheimer,to authorize bid waiver and award of contract for 2012 Part 2 Tree
Growing Contract,subject to information provided in Board packets.
Mr.Bragg reviewed the proposal and explained the reason for the bid waiver,details of which are contained in the
Village Board Meeting Agenda Item Overview prepared by Mr. Skibbe.
Mr. Skibbe summarized the partnering initiative of the Suburban Tree Consortium.
Lengthy discussion took place with regard to the proposed contract.
Mr.Bragg pointed out that the Village website contains an EAB response plan that includes the species of trees that
will replace the ash trees.
Lisa Stone,resident,commented on trees,water and trees along a bike path.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
CHASE BANK/PLAZA
Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Boysen.
Mr.Raysa stated that,prior to tonight's meeting,Tom Moffitt presented four documents to him:
• Original First Amendment to the Assignment Assumption Amendment of Contingent Infrastructure
Agreement correctly and duly signed by the owner.
• Agreement concerning Buffalo Grove Road traffic signal at the entrance to the Plaza at Buffalo Grove
Shopping Center executed by the owner.
• Development Improvement Agreement agreed to by Village staff and Mr.Moffitt signed by the owner.
• Check#8962 made out to the Village of Buffalo Grove for$792,188.00.
Mr.Moffitt then commented on the project,stating for the record that,provided that they are fully compliant with
the infrastructure agreement as amended,if the County says that there is not enough traffic for a signal,it is their
expectation that they would be entitled to a refund of the$792,188.00 deposit that they have given to the Village.
President Braiman confirmed that the letter with refunding provisions has been withdrawn and the deposit is without
conditions and they are working with good faith.
Trustee Berman confirmed with Mr.Bragg that the staff position at this point is that the contingencies are met and it
is appropriate to proceed with this matter tonight.
Mr.Raysa confirmed that all the items have been received as far as the recommendation of action.
Moved by Berman,seconded by Trilling,to approve the Development Improvement Agreements for the Chase Bank
and Plaza Improvement Project subject to the conditions listed on the overview page contained in Board packets.
Trustee Berman confirmed with Mr.Raysa that these approvals would be subject to a motion to reconsider at the
next meeting in the event that the money was not received.
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Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
LINE OF CREDIT
Moved by Berman,seconded by Sussman,to authorize the Village Manager to execute the Village of Buffalo Grove
Taxable Revolving Line of Credit Summary of Terms and Conditions.
Mrs. Skibbe reviewed this proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Anderson,as well as Mr. Anderson's memo to Mr. Bragg of September 6,2012;she then
answered questions from the Board.
Trustees Berman and Sussman amended the motion to replace the word"execute"with the word"negotiate".
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.
NEW WORLD SOFTWARE
Moved by Berman,seconded by Trilling,to authorize increase in the Not to Exceed cost on the New World Software
System purchase by$74,040.00 in accordance with materials contained in Board packets.
Ms. Skibbe reviewed the staff request,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Anderson,as well as Mr. Anderson's memo to Mr. Bragg of September 6,2010; she then
answered questions from the Board.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
2012 SEWER TELEVISING
Moved by Stein, seconded by Terson,to authorize rejecting all bids,waiver of bids and award of contract for 2012
sewer televising.
Mr. Bragg reviewed the reason for this action,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr. Skibbe.
Mr. Bragg confirmed to Trustee Berman that this vendor actually was the lowest bidder originally,and the error
actually lowers their own bid.
Lisa Stone,resident,explained why she asked that this item be removed from the Consent Agenda.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
�•/ Motion declared carried.
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MOSQUITO ABATEMENT
Mr. Bragg reviewed the staff request than an authorization of a waiver of bids to allow them to seek out proposals
for mosquito abatement services for the 2013 mosquito control season,with possible options to extend a service
contract beyond one year.
Moved by Stein,seconded Sussman,to authorize bid waiver and request for proposals for Mosquito Abatement
Contract.
Lisa Stone,resident, explained the reason she asked that this be removed from the Consent Agenda.
Mr. Raysa confirmed that any contract entered into would stipulate that only EPA regulated chemicals be used.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
TREE REMOVAL SERVICES
Mr. Bragg reviewed the proposed staff request for authorization to bid a tree removal contract associated with
Emerald Ash Borer response,pending final review by the Village Attorney.
Moved by Stein, seconded by Ottenheimer,to authorize bid for 2012-2015 Tree Removal Services.
Lisa Stone,resident,explained why she asked that this item be removed from the Consent Agenda.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
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.
Lisa Stone,resident,commented on the Beth Am facility.
Chuck Pozniak, 555 Estate Drive,thanked all Board members for the great job that they do.
Sidney Mathias,440 Parkchester,clarified his position with regard to a letter recently sent to the media and to
communicate to the residents of Buffalo Grove. Mr.Mathias stated that he wishes to be very clear in that he does
not support Lisa Stone and there is no collaboration between them. Mr.Mathias also stated that the water in Buffalo
Grove is totally safe.
EXECUTIVE SESSION
Moved by Berman,seconded by Sussman,to move to Executive Session for the purpose of discussing Personnel,
Section 2(c)(l)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 10:40 P.M. until 11:49 P.M.
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ADJOURNMENT
Moved by Sussman,seconded by Stein,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 11:52 P.M.
Janet M. Sciraeian,Village Clerk
APPROVED BY ME THIS ls` DAY OF October ,2012
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