2013-07-15 - Village Board Regular Meeting - Minutes 12762
07/15/2013
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,JULY 15,2013
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;Leisa Niemotka,Assistant to the 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;and Police Chief Casstevens.
APPROVAL OF MINUTES
Moved by Sussman, seconded by Trilling,to approve the minutes of the June 17,2013 Regular Meeting. Upon roll
call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
Moved by Ottenheimer,seconded by Stein,to approve the minutes of the June 26,2013 Special Meeting. Upon roll
call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
WARRANT#1214
Mr.Anderson read Warrant#1214. Moved by Terson,seconded by Ottenheimer,to approve Warrant#1214 in the
amount of$3,213,439.27,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 thanked everyone involved with the Buffalo Grove Fine Arts Festival,particularly the
volunteers who work the Art Fair. Our volunteers are what make our Art Fair so special. The artists continually
comment on how impressed they are with our volunteer corps and note that they do not receive the same treatment
elsewhere. Buffalo Grove provides a very welcoming environment to the artists. The artists are also impressed with
our Art Purchase Program which uses money received from the artists to purchase art for display in Village
facilities,and the artists are very pleased to have their works on display for the public. President Braiman gave
particular thanks to Carol Berman for all of the work that she put into the Art Fair.
_
12763
07/15/2013
VILLAGE MANAGER'S REPORT
Mr. Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for
June,2013;there were no questions on the report.
Mr.Anderson presented the Fiscal Year 2013 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 10,2013.
Mr.Bragg 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 prepared by Mr.
Anderson,as well as Mr.Anderson's memo to him of June 26,2013.
Scott Jacobson,resident,urged the Board to enact a complete smoking ban during Buffalo Grove Days.
Trustee Terson commented and also urged the Board to enact a complete smoking ban during the Festival.
Mr.Bragg stated that, staff will proceed with the regulations as they stand with the current designated areas with no
further changes. The Buffalo Grove Days Committee will be instructed to proceed accordingly.
PUBLIC HEARING—CAMBRIDGE COMMONS
At 8:05 P.M.,President Braiman opened the Public Hearing on Sign Code variation request made by 14 Dundee,
LLC for a wall sign at 15-45 E.Dundee Road,Cambridge Commons. Notice of Public Hearing was published in the
Daily Herald on June 27.2013.
President Braiman swore in Nick Vittore to give testimony.
Nick Vittore,representing Svigos Asset Management,reviewed the request of the developer,details of which are
contained in the Village Board Meeting Agenda Item Overview,as well as Mr. Sheehan's memo to the Village
Board of July 10,2013. Mr.Vittore then answered questions from the Board.
Frank Sears, 50 Cambridge Drive,commented on the height of the sign.
President Braiman asked if there were any comments or questions from the audience or other governing bodies.
There were none.
At 8:08 P.M.,President Braiman continued the Public Hearing until later on in the meeting.
PUBLIC HEARING—13 CHEVY CHASE DRIVE
At 8:15 P.M.,President Braiman opened the Public Hearing on Variations of Development Ordinance and Zoning
Ordinance concerning driveway at 3 Chevy Chase Drive. Notice of Public I-Iearing was published in the Daily
Herald on June 6,2013.
Mr. Bragg reviewed the purpose of this Public Hearing.
President Braiman swore in Vince Escoto and his tenant to give testimony.
Vince Escoto,on behalf of his parents who own the house,explained the reason for the variation request of the
petitioner.
A neighbor spoke in support of granting the variation for the home at 3 Chevy Chase Drive,noting that it is also a
benefit to her residence.
Mrs.Escoto then answered questions from the Board.
12764
07/15/2013
The renter of the subject property also testified on behalf of Mr. Escoto,noting the benefit to her as well.
•
Mr. Sheehan reviewed the recommendation of staff.
After asking if there were any further questions,at 8:25 P.M.,President Braiman continued the Public Hearing until
later on in the meeting.
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.
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;he noted that Item 10.M. is being removed,and there is an
amended copy of Item 10. A. on the dais. The Village Clerk read a brief synopsis of each of the items on the
Consent Agenda.
Ordinance#2013-37—Municipal Code
Motion to pass Ordinance#2013-37,deletion of Section 12.20.96(infected trees belonging to Village)from the
Municipal Code.
Ordinance#2013-38—Sunrise Senior Living
Motion to pass Ordinance#2013-38,granting variations to the Buffalo Grove Sign Code for Sunrise Senior Living.
Ordinance#2013-39—Municipal Code
Motion to pass Ordinance#2013-39,amending Chapter 13.12 of the Village of Buffalo Grove Municipal Code
concerning Stormwater Management and Floodplain Regulations.
Ordinance#2013-40—Municipal Code
Motion to pass Ordinance#2013-40,adding Section 13.04.155—Irrigation Meters—to Title 13 of the Village of
Buffalo Grove Municipal Code.
Ordinance#2013-41—Municipal Code
Motion to pass Ordinance#2013-41,amending Chapter 13.04,Waterworks and Sewerage System,of the Village of
Buffalo Grove Municipal Code.
Ordinance#2013-42—Liquor Controls
Motion to pass Ordinance#2013-42,amending Chapter 5.20 Liquor Controls,Class C.
Resolution#2013-27-Banking Account
Motion to pass Resolution#2013-27 to open Banking Account.
Water Main Rehabilitation
Motion to authorize bid for 2013 Water Main Rehabilitation.
12765
07/15/2013
Storm Sewer Repair
Motion to authorize bid for 2013 Storm Sewer Repair Program.
Custodial Services
Motion to bid Contract Custodial Services for Village Facilities.
Rental Uniform Services
Motion to bid Rental Uniform Services.
2014 Buffalo Grove Days
Motion to request proposals for Buffalo Grove Days 2014 Service&Rental Contracts.
Moved by Ottenheimer,seconded by Berman,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#2013-43—14 DUNDEE,LLC
Moved by Trilling,seconded by Sussman,to pass Ordinance#2013-43,granting variation to the Buffalo Grove Sign
Code for 14 Dundee,LLC, 15-45 E. Dundee Road,Cambridge Commons Shopping Center.
Mr.Bragg reviewed the proposed ordinance,details of which may be found in the Village Board Meeting Agenda
Item Overview prepared by Mr. Sheehan,as well as in supporting documentation.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
President Braiman closed the Public Hearing at 8:35 P.M.
ORDINANCE#2013-44—13 CHEVY CHASE DRIVE
Moved by Stein, seconded by Sussman,to pass Ordinance#2013-44,approving variations of the Development
Ordinance and Zoning Ordinance concerning the driveway at 13 Chevy Chase Drive,in accordance with testimony
given tonight and information contained in Board packets.
Mr.Bragg reviewed the proposed ordinance,details of which may be found in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil,as well as in supporting documentation.
President Braiman asked if there were any other questions from the Board or members of the audience. There were
none.
Upon roll call,Trustees voted as follows:
12766
07/15/2013
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
President Braiman closed the Public Hearing at 8:36 P.M.
BG CAR WASH
Moved by Ottenheimer, seconded by Berman,to table the appeal of the Zoning Board of Appeals decision to deny
the variation request made by BG Car Wash Management, 1691-1697 Weiland Road. Upon roll call,Trustees voted
as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
14 DUNDEE,LLC
Mr. Bragg reviewed the request of the developer,details of which may be found in the Village Board Meeting
Agenda Item Overview prepared by Mr. Sheehan,as well as in supporting documentation.
Moved by Ottenheimer,seconded by Trilling,to overturn the appeal from the Zoning Board of Appeals to deny the
variation request made by 14 Dundee,LLC to 45 E. Dundee Road,Cambridge Commons.
Trustee Trilling amended the motion to incorporate comments made by Brian Sheehan dated July 8,2013 as
limitations to the sign:
• Shall be limited to a display of on-premises activity only,plus date,time,temperature,
and community event information.
• Transition from one message to another shall be instantaneous,without movement or
other transition effects between messages.
• Messages, including single and multiple lines of text,shall not change more frequently
than once every 20 seconds.
• Signs shall not display any video,animation or moving pictures or simulate any
movement or the optical illusion of movement of any part of the sign text,design or
pictorial segment, including the movement of any illumination or the flashing or varying
of light intensity.
• The electronic message sign shall be equipped with both a programmed dimming
sequence as well as an additional overriding mechanical photocell that adjusts the
brightness of the display to the ambient light at all times of day. Such programming and
mechanical equipment shall be set so that the electronic message sign,at night or in
overcast conditions, will be no more than 40%of the daytime brightness level.
• Signs shall be extinguished at the close of business to which the electronic message sign
relates. Signs shall be extinguished from 11:00 P.M.to 6:00 A.M.except for businesses
licensed to operate later than 11:00 P.M.
• Signs readily viewable to the general public shall be equipped to override commercial
messages for emergency situations such as an "Amber Alert"or other such acute public
emergencies,but such"override"authority for public emergencies shall not exceed 48
total hours within any 2 week period,unless approved by the property owner. The owner
of the Electronic Message Sign shall cooperate with the Village of Buffalo Grove in order
to allow the Village of Buffalo Grove to exercise its override authority.
Mr. Vittore agreed individually to each of the above stipulations.
II
12767
07/15/2013
Trustee Ottenheimer accepted the amendments made by Trustee Trilling.
Mr.Vittore reviewed the proposed location of the sign,stating that the Village Engineer has looked at the proposal
and does not have any objection.
Frank Cesario,ZBA Commissioner,related the deliberations that took place at the ZBA meeting,and stated that the
main reason it was denied is because the ZBA did not have the review of the village engineer.
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.
1624 BARCLAY BOULEVARD
Moved by Terson,seconded by Sussman,to refer a Special Use for a recreation facility in the Industrial District,
1624 Barclay Boulevard,to the Plan Commission for review.
William Schmitz,representing Body Impact Limited,presented the request of the petitioner for a special use to
conduct personal fitness training activities at 1624 Barclay Boulevard in the Rogers Centre for Commerce(west side
of Barclay Boulevard south of Aptakisic Road).The property is zoned in the Industrial District,and a special use is
required for a recreation use.
President Braiman reviewed the process for the petitioner to appear before the Plan Commission.
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.
2012 AUDIT
Moved by Berman,seconded by Trilling to accept the FY2012 Audit.
Mr.Anderson presented the audit findings,details of which may be found in the Village Board Meeting Agenda
Item Overview that he prepared.
Mr.Anderson extended thanks to the finance staff,with special thanks to Katie Skibbe for all of her work in
compiling this report,and noted that the report will be submitted to the Government Finance Officers Association
for consideration for the Excellence in Achievement award.
Mr. Bragg stated that the audit shows that the Village has remained very stable,which is also reflected in our AAA
Bond Rating.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
12768
07/15/213
EMERALD ASH BORER
Moved by Stein, seconded by Ottenheimer,to execute Amendments to EAB Related Contracts,pursuant to
information contained in Board packets.
Mr.Robinson reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item that
he prepared.
President Braiman pointed out that,with these changes,the Village will be saving between$400,000 and$500,000
on 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.
ORDINANCE#2013-33-ASSAULT WEAPONS
Moved by Trilling,seconded by Ottenheimer,to pass Ordinance#2013-33,Assault Weapons Ban,as proposed.
Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared.
Mr.Bragg stated that staff's recommendation is for the purpose of preserving the right of the Village to regulate
assault weapons in the future if it so chooses.
President Braiman also reviewed the reason that this issue is before the Village Board.
Mr.Berman stated that in his comments at the last meeting,his perspective was that the Board would not be acting
wisely in blindly following Cook County by using their law as a model.
Trustee Berman asked that the proposed ordinance be amended as follows:
To the extent that the Cook County ordinance would be deemed to be in effect at this time,this ordinance is
not intended to supersede or supplant the County of Cook regulations on assault weapons within the
Village's jurisdiction. To the extent that this ordinance does create a conflict with said Cook County
regulations,then the Cook County ordinance will control in the Cook County portion of the Village. To the
extent that the Cook County ordinance would not be deemed to be in effect,this ordinance is not intended
to and shall not cause the Cook County ordinance to come into effect in the Village of Buffalo Grove.
Mr.Raysa stated that he has reviewed the proposed amendment and believes that it is appropriate.
Trustees Trilling and Ottenheimer accepted the amendment proposed by Trustee Berman.
President Braiman reviewed the guidelines for those wishing to speak on this issue.
Many residents spoke expressing their concerns regarding this ordinance,those concerns being:
• Gun bans do not stop people who were intended to not have guns from having them.
• Concern that these plans could be twisted over time by another Board.
• Confusion to those traveling throughout the State of Illinois when laws are different in municipalities.
• Unfair that the State has put a time limit on municipalities wanting to preserve their rights while they decide
�,/ how they want to handle the issue.
12769
07/15/2013
• Encourage Board to enact this particular ordinance and also to come back and enact a meaningful and fair and
reasonable law with regard to assault weapons.
• Upholding people's rights to gun ownership.
• Constitutionality of the proposed ordinance.
• The Board is overreacting to a concealed carry law.
• A ban that is not supported by our State,by our Constitution,by our Second Amendment or by our Supreme
Court opens up this Village to liability for any actions that may occur from said assault weapons in our
Village.
• Whether or not this Board has the expertise to address this issue.
• The Board represents the residents and the residents are against the proposed ordinance.
• The Board is creating a problem where none exists.
• This should not be dealt with on a local level,but left up to the State.
• Possible high legal fees to defend the law.
• People who own guns are safer than those who do not own guns.
• Citizens need to be able to defend themselves with their own firearms.
• This ordinance should be passed in order to maintain local control of the issue,and the Village should not
allow those in Springfield to take that local control away.
Trustee Terson thanked everyone in the audience for taking the time to participate in this discussion;he believes that
gun law regulation should be done at the Federal,or at least the State,level;he does believe that our nation needs
better gun laws,but he does not believe it should be done at the local level.
Trustee Stein read a portion of the Second Amendment,noting that,when that was written,our forefathers could not
have possibly imagined what we face today;he does not believe that gun laws should not be determined by
municipalities.
Trustee Ottenheimer appreciates everyone taking the time to be here to voice their opinions;Village officials have
an obligation to do what they believe is in the best interest of the health and safety of our citizens;the proposed
ordinance only preserves our right to do that.
Trustee Trilling stated that he believes that it is a State or Federal issue and it is not a local issue;he intends to send
a message to our legislators.
Trustee Sussman stated that she believes this is up to the State and Federal government,however,they have not
done anything about it,and she does believe that passing the proposed ordinance is necessary.
Trustee Berman stated that the right of municipalities to address public safety issues is one that should be carefully
guarded for the benefit of the residents of Buffalo Grove;he thanked all of the speakers for their thoughtful
comments;he agrees with Trustee Trilling in that we need to send a message to our legislators that they need to do
their jobs.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 4—Sussman,Stein,Ottenheimer,President Braiman
NAYS: 3—Berman,Trilling,Terson
Motion declared carried.
President Braiman explained his vote noting that he believes this is a protection of our Home Rule rights,and he
wants to send a message to our legislators that we must protect our rights,and this ordinance gives us the luxury of
time to consider this issue.
12770
07/15/2013
TORAH ACADEMY
Rabbi Steven Zehnwirth of the Torah Academy reviewed the proposal of the Torah Academy,details of which are
contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil.
Moved by Sussman, seconded by Ottenheimer,to refer the Special Use for an Elementary School in the
B-3 District,Torah Academy, Woodland Commons Shopping Center,to the Plan Commission for review.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
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;there were none.
EXECUTIVE SESSION
Moved by Sussman, seconded by Ottenheimer,to move to Executive Session for the purpose of discussing
Collective Bargaining, Section 2(c)(2)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 11:05 P.M.until 11:30 P.M.
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 11:30 P.M.
Zt M Sirabian,Village Clerk
APPROVED ME THIS 19th DAY OF August ,2013
' la President
ji