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2013-06-17 - Village Board Regular Meeting - Minutes 12752 06/17/2013 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 17,2013 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;Jennifer Maltas,Deputy Village Manager; Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources; Robert Giddens,IT Director;Robert Pfeil,Village Planner;Mike Skibbe,Interim Public Works Director;Brett Robinson, Purchasing Manager;Darren Monico,Village Engineer;Brian Sheehan,Deputy Building Commissioner— Operations;Carol Berman,Deputy Building Commissioner—Administration;Fire Chief Vavra;Police Chief Casstevens;and Deputy Police Chief Husak. APPROVAL OF MINUTES Moved by Berman,seconded by Terson,to approve the minutes of the May 20,2013 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANT#1213 Mr.Anderson read Warrant#1213. Moved by Sussman,seconded by Terson,to approve Warrant#1213 in the amount of$4,360,828.77,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 formally welcomed our new Police Chief Steven Casstevens to the Village of Buffalo Grove. 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,2013;there were no questions on the report. Mr.Anderson provided a report and recommendation to the Village Board regarding the issue of smoking at Buffalo Grove Days,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. In order to enhance the enjoyment of all patrons who attend Buffalo Grove Days,staff is recommending that smoking be prohibited on festival property except in designated smoking areas. Smoking is currently prohibited under any tents,where food and drink is served and on park district property. Patrons will be asked to move to smoking areas or asked to extinguish their cigarettes. Staff will make sure to communicate, in advance,the changes to potential event attendees via its normal communication modalities as well as through event signage. 12753 06/17/2013 Lengthy discussion ensued regarding both the pros and cons of making the entire Buffalo Grove Days Festival a �./ non-smoking event. Health issues,enforcement,the rights of smokers as well as non-smokers and a policy able to accommodate everyone were points that were discussed. It was requested that this item be placed on the next agenda and a decision is made one way or the other at that time. President Braiman polled the Board: YES indicates favor of a complete smoking ban at Buffalo Grove Days;NO indicates recommendation to investigate having designated smoking areas at the Festival: YES: Terson NO: Berman,Trilling, Sussman,Stein,Ottenheimer FIRE DEPARTMENT COMMENDATIONS Chief Vavra recalled the scene on November 29,2012 when FF/PM's Navarro and Pasquarella responded to a Technical Rescue call in Wheeling for a man trapped in a chemical tank.Upon arrival at the scene they were assigned to the rescue team. Shortly after that the determination that the victim had succumbed to the chemical gases was made and the crews changed to a recovery mode.FF/PM Pasquarella was lowered into the tank with FF/PM Navarro as his back up to recover the victim. They both worked under very dangerous and difficult conditions to help bring this incident to closure. FF/PM's Navarro and Pasquarella were heartily congratulated by the audience and the Board as they were presented with their commendations. On behalf of the Board and the entire Village,President Braiman thanked FF/PM's Navarro and Pasquarella for their heroic actions,as well as the entire Fire Department for making the Village so proud of our Fire Department. PUBLIC HEARING—TOWN CENTER At 8:10 P.M.,President Braiman opened the Public Hearing on Amendment of the B-5 Town Center zoning district concerning allowed uses. Notice of Public Hearing was published in the Daily Herald on May 29,2013. Mr.Bragg reviewed the reason for the Public Hearing,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. The B-5 District does not have a provision authorizing the Zoning Administrator to allow uses that are not specifically listed as permitted. Staff recommends consideration of an amendment to the B-5 regulations to add this provision. The proposed amendment is as follows: Section 17.33.060 C.I.f: Similar and Compatible Uses—Other retail and services uses not specifically permitted herein may be allowed if said uses are determined by the Village Zoning Administrator to be similar to and compatible with the established uses in the B-5 District. The purpose of the proposed amendment is simply to make the District compatible with other similar Districts and nothing else. The owner of this District has no objections to the proposed amendment. Mr. Raysa recommended that the Board Overview contained in Board packets be accepted as new evidence. President Braiman asked if there were any comments or questions from the audience or other governing bodies. There were none. At 8:15 P.M.,President Braiman continued the meeting until later on in the agenda. TRUSTEE REPORTS Trustee Stein reported that the Farmer's Market will be operating every Sunday morning through the beginning of October;he highlighted some of the attractions that will be a part of the Farmer's Market. 12754 06/17/2013 �./ Trustee Trilling reported that the 2013 Buffalo Grove Fine Arts Festival will be held during the weekend of July 13-14,2013 at the Town Center. Trustee Berman congratulated the organizers and thanked the participants in the Buffalo Grove Relay for Life sponsored by the American Cancer Society. Trustee Berman noted how impressed and inspired he is by the dedication of our students at Buffalo Grove and Stevenson High Schools. 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#2013-28—Liquor Controls Motion to pass Ordinance#2013-28,amending Chapter 5.20 Liquor Controls. Ordinance#2013-29—Liquor Controls Motion to pass Ordinance#2013-29,amending Chapter 5.20 Liquor Controls. Ordinance#2013-30—DaVita Dialysis Motion to pass Ordinance#2013-30,granting certain variations to the Buffalo Grove Sign Code for DaVita Dialysis, 1291 W.Dundee Road. Ordinance#2013-31—Burdeen's Jewelry Motion to Ordinance#2013-31,amending Ordinance#2012-46 for Burdeen's Jewelry, 1151 Lake Cook Road. Resolution#2013-23—Traffic Signals Motion to approve Resolution#2013-23,authorizing the execution of an Agreement between the State of Illinois, through its Department of Transportation,and the Village of Buffalo Grove for the Upgrade of Certain State-Owned Traffic Signals. Resolution#2013-24—Tap Room Hospitality,LLC Motion to approve Resolution#2013-24,authorizing the extension of a lease between the Village of Buffalo Grove and Tap Room Hospitality,LLC. Banking Services Agreement Motion to approve extension of Banking Service Agreement with Buffalo Grove Bank and Trust. Light Maintenance Contract Motion to authorize execution of second year option of 3-Year Street Light Maintenance Contract. Moved by Ottenheimer,seconded by Berman,to approve the Consent Agenda. Upon roll call,Trustees voted as follows on the Consent Agenda: 12755 06/17/2013 AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer �./ NAYS: 0—None Motion declared carried. RESOLUTION#2013-25—CHAMBER OF COMMERCE Mr.Anderson reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. President Braiman thanked the Chamber for their help in the negotiations to create an agreement satisfactory to both parties. Moved by Berman, seconded by Trilling,to pass Resolution#2013-25,approving an Agreement between Buffalo Grove Area Chamber of Commerce and the Village of Buffalo Grove regarding Buffalo Grove Days,in accordance with material contained in Board packets and the draft ordinance. 0 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#2013-32-BRUNSWICK Moved by Terson, seconded by Berman,to approve Ordinance#2013-32,special use for operation of a family entertainment center,Brunswick's,350 McHenry Road. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Brad Jorgensen,Brunswick Corporation,presented a brief overview of the Brunswick Corporation and reviewed the proposal filed by the petitioner. Discussion ensued with regard to the pros and cons of the permitted activities on the outdoor patio area. Brunswick is willing to work with the Village and the surrounding residents to create a solution that makes sense for all parties long term. President Braiman polled the Board: YES indicates favor of keeping the following sentence as is: Said area shall not be used for live entertainment, live music, video or television or dancing;NO indicates removing that sentence: YES: Sussman NO: Berman,Trilling,Terson,Stein,Ottenheimer Trustees Terson and Berman agreed to amend the ordinance to remove the above sentence. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Berman,Trilling,Terson, Stein,Ottenheimer NAYS: 1 —Sussman Motion declared carried. 12756 06/17/2013 ORDINANCE#2013-33—ASSAULT WEAPONS BAN President Braiman reviewed the reasons that he requested that the proposed ordinance be added to tonight's agenda, details of which may be found in the Village Board Meeting Agenda Item Overview prepared by Mr.Bragg. Lengthy discussion ensued with regard to the proposed ordinance,with discussion focusing on whether or Buffalo Grove can or should pass the proposed ordinance,whether or not this should be a municipal or a statewide issue,and whether or not there is enough information to make an informed decision at this time. Moved by Berman,seconded by Ottenheimer,to defer action on the proposed ordinance. President Braiman thanked everyone for attending tonight and asked that they leave their names and addresses with staff so that they can be notified when further information is available and this will again be on the agenda. Upon roll call,Trustees voted as follows on the motion to defer: AYES: 5—Berman,Trilling, Sussman, Stein,Ottenheimer NAYS: 1 —Terson Motion declared carried. ORDINANCE#2013-34—TOWN CENTER Moved by Sussman,seconded by Stein,to pass Ordinance#2013-34,approving an Amendment of the B-5 Town Center zoning district concerning allowed uses. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. The Public Hearing was closed at this time. ORDINANCE#2013-35—EMS TRANSPORTATION FEE Moved by Trilling,seconded by Sussman,to pass Ordinance#2013-35,amending Chapter 3.36,Emergency Medical Service and Transportation Fee of the Village of Buffalo Grove Municipal Code. Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Chief Vavra. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. FIRE BILLING SERVICES Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Chief Vavra. Chief Vavra also reviewed certain situations for which the Fire Department may bill. Moved by Trilling,seconded by Berman,to award contract for Ambulance and Fire Billing Services to Paramedic Billing Services,Inc.,consistent with information contained in Board packets,authorizing the Village Manager to 12757 06/17/2013 execute the contract,and subject to final review of the Agreement by the Village Attorney. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. COLOR COPIERS Mr. Bragg reviewed the proposal,details of which may be found in the Village Board Meeting Agenda Item Overview prepared by Mr.Robinson. Moved by Terson,seconded by Sussman,to award contract for Color Copiers,consistent with information contained in Board packets,and authorizing the Village Manager to execute the contract. Mr. Robinson then answered questions from the Board with regard to the contract. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. BG CAR WASH Moved by Ottenheimer,seconded by Terson,to table consideration of the appeal of the Zoning Board of Appeals decision to deny the variation request made by BG Car Wash Management, 1691-1697 Weiland Road,until the next meeting to allow the petitioner to be present. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2013-36-CAMBRIDGE COMMONS Ms. Maltas reviewed the proposed economic incentive for Cambridge Commons/Fresh Farms,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Bragg. Nick Vittore,representing the developer,stated that the developer is in full agreement with the proposal,and if approved,there will be no request for modifications. Board members commented on the proposal,and staff members answered questions from the Board. Mr. Bragg stated that staff recognizes that the variation request and the economic incentive go hand in hand;he also pointed out that, if this property were zoned B-3,which is the designation of most shopping centers in the Village, there would be no height restriction. Frank Sears,resident representing Cambridge on the Lake,commented on the economic incentive. Ken Monson,resident,also commented on the economic incentive. Moved by Ottenheimer, seconded by Sussman,to pass Ordinance#2013-36,approving a revised economic incentive agreement for the redevelopment of the Cambridge Commons Shopping Center to include a grocery store and ancillary retail food service uses,and in accordance with the testimony and the information contained Board packets. 12758 06/17/2013 Trustee Berman stated that,although he does share the sentiments of Trustee Terson,he does not want to stand in the way of the project,and he believes the project will ultimately be a benefit to the Village,but in an effort to make clear that there will be no more modifications,changes,or negotiations,he is going to abstain from voting. Trustee Terson stated that he does not want to stand in the way of the project,and he will vote affirmatively,but if this comes before the Board again,he will not vote for it. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None ABSTAIN: 1 —Berman Motion declared carried. CAMBRIDGE COMMONS Mr.Bragg reviewed the variation request made by the developer,which was denied by the Zoning Board of Appeals by a vote of 4-1. Mr.Vittore reviewed the request of the developer to exceed the maximum permitted building height of 45',details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Sheehan. Mr.Bragg again pointed out that if this property were zoned B-3,which is the designation of most shopping centers in the Village,there would be no height restriction. Discussion ensued as to why this particular center is in the B-2 District. Lengthy discussion followed as to whether or not the height variation should be allowed,as well as the setback from Dundee Road. Moved by Ottenheimer, seconded by Terson,to grant the appeal of the Zoning Board of Appeals decision to deny the variation request made by 14 Dundee,LLC, 15-45 E.Dundee Road,Cambridge Commons,to allow for a height of 56' for the facade in the front of the building. Mr. Vittore stated that the petitioner would request a vote this evening. Upon roll call,Trustees voted as follows on the motion: AYES: 2—Terson, Stein NAYS: 4—Berman,Trilling, Sussman,Ottenheimer Motion defeated. RESOLUTION#2013-26-INTERGOVERNMENTAL AGREEMENT Mr. Bragg reviewed the proposed agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Monico. Moved by Berman, seconded by Ottenheimer,to authorize entering into an Intergovernmental Agreement with Cook County related to Phase II for Lake Cook Road Study between Hastings Lane and Raupp Boulevard in accordance with materials contained in Board packets including the draft agreement. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12759 06/17/2013 QUESTIONS FROM THE AUDIENCE President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda. Boris Rivtis,representing a condominium homeowner's association,relayed an issue with what he believes to be erroneous billing by Waste Management. ADJOURNMENT Moved by Sussman, seconded by Stein,to adjourn the meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. The meeting was adjourned at 11:13 P.M. Sirabian,Village Clerk APPROVED BY ME THIS 15th DAY OF July ,2013 bik Di age 'resident Li