2012-10-01 - Village Board Regular Meeting - Minutes 12680
10/01/2012
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,OCTOBER 1,2012
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;Scott Anderson,Director of
Finance;Art Malinowski,Director of Human Resources;Anne Marie Gaura,Interim Deputy Village Manager;
Robert Giddens,IT Director;Robert Pfeil,Village Planner;Gregory Boysen,Director of Public Works;Rick Kuhl,
Deputy Director of Public Works;Mike Skibbe,Civil Engineer;Brian Sheehan,Deputy Building Commissioner—
Operations;Carol Berman,Deputy Building Commissioner—Administration;and Fire Chief Vavra.
APPROVAL OF MINUTES
Moved by Ottenheimer,seconded by Sussman,to approve the minutes of the September 10,2012 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 Stein,seconded by Ottenheimer,to approve the minutes of the September 24,2012 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 Berman to approve the minutes of the,September 24,2012 Committee of the Whole
Meeting. Upon roll,Trustees voted as follows:
AYES: 5—Berman,Trilling,Sussman,Terson,Stein
NAYS: 0—None
ABSTAIN: 1—Ottenheimer
Motion declared carried.
WARRANT#1199
Mr.Anderson read Warrant#1199. Moved by Berman,seconded by Ottenheimer,to approve Warrant#1199 in the
amount of$2,450,705.61,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.
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VILLAGE PRESIDENT'S REPORT
President Braiman read a Proclamation declaring October 31,2012 as Trick or Treat Day in Buffalo Grove and
urged children and parents to cooperate in limiting the time of trick-or-treat activities to between the hours of 2:00
P.M.and 7:00 P.M. All citizens,young and old,are asked to cooperate in making this a happy and safe occasion for
children.
President Braiman read a Proclamation declaring the month of October 2012 as Domestic Violence Awareness
Month in the Village of Buffalo Grove,and encouraged residents to join forces with victim service programs,
criminal justice officials and concerned citizens across the country to raise the public awareness of domestic
violence issues.
President Braiman read a Proclamation declaring the month of October 2012 as National Disability Awareness
Month throughout Buffalo Grove and called upon the community to join in honoring persons with disabilities.
President Braiman read a Proclamation declaring the week of October 7-13,2012 and the month of October as
National Fire Prevention Week and Month,and urged the community to observe this time with appropriate
programs,ceremonies and activities.
President Braiman read a Proclamation declaring the month of October 2012 as National Breast Cancer
Awareness Month and encouraged village residents to support fund-raising efforts for enhanced research and
support programs.
President Braiman reported on the proposed Downtown area that was recently proposed,noting that it the intent of
the Village to keep this process as transparent as possible,and as such,the entire plan and a list of Frequently Asked
Questions are on the Village website. Also there is a taping of People,Places and Issues being aired on Channel 6
or 99 through November 15,2012.
VILLAGE MANAGER'S REPORT
�•/ Mr.Bragg noted that there is no report from the Village Manager tonight.
BILL REID AWARD
William Balling reviewed the mission of the Rotary Club,as well as the criteria for the Bill Reid Community
Service Award.
Mr.Balling then presented the background and accomplishments of this year's recipient of the award,Ellyn Ross,
after which he presented the award to her as she was congratulated by the audience and the Board. Charitable
donations will be presented in Mrs.Ross'honor.
Mrs.Ross thanked the Rotary for the honor,and also thanked School Districts 102 and 125 for allowing the parents
and the community to part of their children's education. Mrs.Ross also thanked her children and noted that it is her
pleasure and passion to serve the children of the community as best she can.
On behalf of the Board,President Braiman thanked Mrs.Ross for her commitment to education and the community.
FIREFIGHTER OF THE YEAR
Chief Vavra reviewed the history and criteria for the Firefighter of the Year award.
Mr.Balling reviewed the background and accomplishments of this year's recipient,Firefighter/Paramedic Glenn
Bird.
Mr.Bird was congratulated by the audience and the Board as he was presented with this award. Charitable
donations will also be made in Mr.Bird's honor.
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Mr.Bird thanked the Rotary and every member of the Fire Department for this honor. The Department works as a
team and he would not be able to receive this honor without the help of the entire team.
President Braiman,on behalf of the Board,congratulated and thanked Mr.Bird for his service. The community
heavily relies on and tremendously respects the Buffalo Grove Fire Department,and the Village is proud to have
such an outstanding Department and outstanding individuals.
PUBLIC WORKS
Mr.Boysen introduced,Steve Weinstock,President of the Chicago Metro Chapter of the American Public Works
Director.
Mr.Weinstock reviewed the accreditation program,as well as the criteria for achieving accreditation.
Buffalo Grove first received accreditation in 2004,making it the 16th public works agency in the United States and
Canada,and the 3rd public works agency in Illinois to become accredited.
The Buffalo Grove Public Works Department's goal of having all of its practices in full compliance with the latest
update of APWA standards has been accomplished,and Mr.Weinstock presented full re-accreditation to the
Department for the ensuing four-year period. There are still only 81 accredited agencies in the United States and
Canada.
President Braiman thanked Mr.Boysen and the Public Works Department for their dedication to the citizens of
Buffalo Grove.
PUBLIC HEARING—VILLAS AT HIDDEN LAKE
President Braiman called the Public Hearing to order at 7:58 P.M. Notice of Public Hearing was published in the
Daily Herald on September 15,2012.
�•/ Mr.Bragg stated that this is a Public Hearing for comment on the proposed amendment to the Villas of Hidden Lake
Annexation Agreement. Changes are proposed to the landscaping plan,as well as the fencing and site plans.
Further details may be found in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil.
Mr.Raysa noted that the purpose of the Public Hearing is twofold,one being the amendment to the Annexation
Agreement,and also a Public Hearing for purposes of variation of Section 15.20.040 of the Village Fence Code.
President Braiman swore in Jim Wells,Vice President of Operations for Icon Building Group,to give testimony at
this Public Hearing.
Mr.Wells stated that they wish to ask for an amendment to the original Annexation Agreement to provide a minor
change to the original landscape plan,along with adding an ornamental steel fence along the perimeter of the
property. Mr.Wells provided an update on the completion status of the project,and reviewed the reason for the
request for these changes.
Mr.Raysa stated that the purpose of the Public Hearing is to present to review and present to the public that certain
Annexation Agreement dated 9/25/2012. In addition,in the draft Annexation Agreement is Findings of Fact as far
as the variation for the fence.
Gary Steciuk,231 Kendall Court,representing the Villas at Hidden Lake Homeowner's Association,noted that a
vote was taken by all of the property residents,and they are 100%in favor of the proposed amendment tonight. The
main concern of the residents is to have the fence surround the property in order to entirely provide a safety factor
for the children in the development. Also,the fence listed on the actual landscape plan is different than from what
Mr.Wells just described. The steel fence just described by Mr.Wells is the one that they want,not the one listed on
the original landscape plan. Many of the ornamental trees and other landscaping items on the proposed new plan
`./ were also on the old plan,but have not yet been integrated into the property. The residents are also concerned as to
when the control of the Homeowner's Association will be handed over to them.
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President Braiman noted the options available through the Village to mitigate these issues.
Mr.Wells stated that it is his intent is to finish the grading,landscaping and removal of the large dirt pile by the end
of October.
In answer to a question from Trustee Trilling,Mr.Wells stated that all necessary improvements should be completed
by the end of October. The final height of the berm should be approximately 4'.
Mr.Wells stated that the transfer of the Homeowner's Association to the residents is outside of his control so he
cannot give a definitive answer as to a date for transfer.
A resident of 263 Kendall Court commented that he would like to see something behind his property to protect
children from the pond behind the property. Mr.Bragg stated that staff would work with the developer to try to
work out a solution. Also,there was a sign on the previous landscaping plan,but there is none on the new plan.
Mr.Raysa stated that the new plan does not call for a sign.
Vicky Steciuk, 231 Kendall court,stated that she received an email from Charlie Murphy stating that he is not
willing to release any funds until they are completed in their development,so they are concerned that he will not
give them their funds,and asked that the Village help the homeowners out with this.
President Braiman stated that the Village does not have any authority in that area,but hopefully Mr.Murphy will do
what is right and turn those funds over to the residents.
Trustee Trilling stated that it was never planned for the east side of the property to have a shrub line or barrier
between the pond and the residences,so he believes the responsibility for that type of a barrier would rest with the
homeowners.
Mr. Steciuk stated that the homeowners are in favor of the entire new landscape plan,so they are in agreement that
there will not be a sign.
Trustee Ottenheimer commented on the tree line on the east side. Mr.Wells responded to Trustee Ottenheimer
regarding the tree line,as well as the reason it has taken so long to get to this point.
President Braiman stated that,if there is no objection,Item 11.D.will be moved to this point in the agenda.
Moved by Berman,seconded by Ottenheimer,to pass Ordinance#2012-48,approving the Fourth Amendment to the
Annexation Agreement,Villas at Hidden Lake,northeast corner of Deerfield Parkway and Buffalo Grove Road.
Upon roll,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
The Public Hearing terminated at 8:25 P.M.
TRUSTEE REPORTS
Trustee Sussman thanked Maggie Osborne and Stan Zoller for the part that they played in the Breast Cancer
Awareness Proclamation.
•
Trustee Stein reported that Sunday,October 7,2012 will be the fmal Farmer's Market of the season;he noted that
there are many activities planned and urged residents to attend.
The Village Clerk reported that October 9,2012 is the last day to register to vote in the November 6,2012
Presidential Election. Also,petitions may now be circulated for the positions open in the April 9,2013 Municipal
Election.
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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#2012-33—Officer Bourbonnais
Motion to pass Resolution#2012-33,retirement of Police Officer Christy Bourbonnais.
Resolution#2012-34—All Natural Hazards Mitigation Plan
Motion to pass Resolution#2012-34,adopting the 2012 Lake County All Natural Hazards Mitigation Plan.
Burdeen's Jewelry
Motion for Development Improvement Agreement for Burdeen's Jewelry and approval of Burdeen's Resubdivision.
Moved by Ottenheimer,seconded by Sussman,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#2012-49—AMUSEMENT DEVICES
Moved by Berman,seconded by Sussman,to pass Ordinance#2012-49,amendment of Chapter 5.12 of the
Municipal Code—Amusement Devices,in accordance with the undated draft ordinance contained in Board packets.
Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr. Sheehan.
In answer to a question from Trustee Berman,Mr.Bragg explained the background and why the ordinance needs to
be amended.
Trustee Berman asked staff to determine whether or not there is a reason to distinguish between the B-5 District and
other districts with regard to the number of coin-operated amusement devices allowed.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2012-50—RENTAL HOUSING
Moved by Berman,seconded by Terson,to pass Ordinance#2012-50,adding Chapter 15.36,Residential Rental
Housing Program,to the Buffalo Grove Municipal Code,in accordance with materials contained in Board packets
and the draft ordinance dated 7/30/2012.
Carol Berman reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overview that she prepared. After conferring with Mr.Raysa,there is one suggested change to
Section 15.36.030 to add the definition of"family"using the same definition as currently used in the Zoning
Ordinance.
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Following lengthy discussion regarding the pros and cons of the proposed ordinance,the following amendments
were made to the draft ordinance:
• Definition of a family
• The addition of the following language in Section 15.36.050 F.: "and applicable building permits obtained
and inspections approved"r
• Subject to drafting of language by the Village Attorney regarding trusts
• Add"extended stay"as a portion of the defmition for hotels and motels in Section 15.36.040 D.4
• The last three paragraphs in Section 15.36.050,the subsections should be labeled F.G.and H
Trustees Berman and Terson accepted all of the above amendments to the motion.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Berman,Trilling,Sussman,Terson,Ottenheimer
NAYS: 1 —Stein
Motion declared carried.
ORDINANCE#2012-51—STORMWATER MANAGEMENT
Moved by Stein,seconded by Berman,to pass Ordinance#2012-51,amending Chapter 13.12 of the Village of
Buffalo Grove Municipal Code concerning Stormwater Management.
Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Boysen.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2012-35—DUNDEE ROAD
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Moved by Berman,seconded by Trilling,to pass Resolution#2012-35,approving a Modified Intergovernmental
Agreement Providing for Federal Participation in the Construction of the Dundee Road Sidewalk/Bikeway
Improvement,in accordance with information contained in Board packets and the undated draft resolution.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
OUESTIONS FROM THE AUDIENCE
President Braiman asked if there were any questions from the audience on items not on tonight's agenda;there were
no such requests.
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1 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 9:40 P.M.
Mm Janet bian,Village Clerk
APPROVED BY ME THIS 15th DAY OF October ,2012
ilei,4 ( '4 tt -,
etllage President
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