2011-01-03 - Village Board Regular Meeting - Minutes 12461
01/03/2011
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,JANUARY 3,2011
CALL TO ORDER
President Hartstein called the meeting to order at 7:31 P.M. Cub Scout Pack 36 from School District 102 presented
the Colors and led those present in pledging allegiance to the Flag. President Hartstein then thanked the Scouts and
presented them with buffalo pins.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Trilling,
Sussman and Smith.
Also present were: Dane Bragg,Village Manager; William Raysa,Village Attorney;Ghida Neukirch,Deputy
Village Manager; Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Robert Pfeil,
Village Planner;Brian Sheehan,Village Health Officer;Carol Berman, Deputy Building Commissioner-
Administration;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Berman,seconded by Glover,to approve the minutes of the December 20,2010 Regular Meeting.
The following correction should be made:
Page 12458: The last full sentence should read: Mr. Anderson confirmed to Trustee Braiman that this ordinance
\./ would cut the debt service levy by$200,000.
Trustees Berman and Glover accepted the correction.
Upon roll call,Trustees voted on the amended minutes:
AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith
NAYS: 0—None
Motion declared carried.
WARRANT#1159
Mr. Tenerelli read Warrant#1159. Moved by Sussman,seconded by Smith,to approve Warrant#1159 in the
amount of$1,476,951.93,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman, Trilling, Sussman, Smith
NAYS: 0—None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Hartstein wished everyone in the community a healthy, prosperous,and Happy 2011.
President Hartstein reported on the passage of Pension Reform Bill for public safety employees by the Illinois State
Legislature,and he thanked everyone involved in getting this legislation passed.
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VILLAGE MANAGER'S REPORT
Brian Sheehan presented a report on the staff recommendation regarding the Fence Code, details of which are
contained in the Village Board Meeting Agenda Item Overview that he prepared.
Discussion followed with regard to the pros and cons of the staff recommendation to leave the Fence Code as is,
with several Trustees believing that residents should have the right to determine the height of their fences,while
others believe that a fence wall deters the feeling of community between neighbors.
Since it is winter and fences are not being installed at this point,it was determined that staff would solicit
community input through our website before a final determination is made.
Mr.Bragg introduced the request from the Northwest Suburban Housing Collaborative concerning the Village's
support of a grant application to the Chicago Community Trust to develop a regional housing program for the
communities of Rolling Meadows,Palatine,Arlington Heights,Mount Prospect and Buffalo Grove,details of which
are contained in his memo to the Board of December 30,2010.
Robin Snyderman,representing the Metropolitan Planning Council,reviewed some facts and history about the
organization. As noted in Mr. Bragg's memo,they are seeking grant funds through the Chicago Community Trust
to establish a regional housing coordinator position to serve the interests of the represented communities.
Lengthy discussion followed with regard to this proposal. Although no funding is currently requested because the
position would be funded with a grant,Trustees were concerned as to how this position would be funded if the grant
money is not renewed. It was determined that the Board would need further information as to the exposure of the
Village before a decision is reached.
QUESTIONS FROM THE AUDIENCE
` I
�./ Jamie Topolsky,Newtown Court East,commented on the plan for the Weiland/Prairie Road construction,and
noted that he does not believe this plan is good for the Village,and he explained his reasons for his opinion.
In answer to a question from Craig Horwitz,Mrs.Neukirch reviewed the status of the three vacant auto dealerships
located on Dundee Road.
Steve Lefar,2038 Jordan Terrace, also commented on the Weiland/Prairie Road construction,noting that most of
the passengers in the cars are people going back and forth to the schools,people commuting out of the
neighborhoods,and people doing their shopping. Mr.Lefar stated that building a highway from Lake Cook to
Hawthorn Mall is not the best use of available funds.
TRUSTEE REPORTS
There were no reports from Trustees tonight.
CONSENT AGENDA
President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion;there were no such requests. The Village Clerk read a brief
synopsis of each of the items on the Consent Agenda.
Moved by Braiman,seconded by Smith,to approve the Consent Agenda.
ORDINANCE#2011-1—SURPLUS VILLAGE PERSONAL PROPERTY
Motion to pass Ordinance#2011-1,authorizing the disposal of surplus Village personal property.
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RESOLUTION#2011-1—SPECIALTY CROP GRANT
Motion to pass Resolution#2011-1, Specialty Crop Grant Agreement between the Illinois Department of
Agriculture and the Village of Buffalo Grove.
WHISPERING LAKES ESTATES
Motion to approve Certificate of Initial Acceptance and Approval, Whispering Lakes Estates Subdivision.
President Hartstein commended staff for actively seeking out the grant to supplement and enhance our Farmer's
Market for the coming year.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith
NAYS: 0—None
Motion declared carried.
ORDINANCE#2011-2—TORAH ACADEMY
Moved by Glover, seconded by Berman,to pass Ordinance#2011-2,Torah Academy,Amendment of Special Use
concerning child day care facility,225 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.
Staff then answered question from the Board.
Trustee Trilling stated that he is a member of Congregation Beth Am,but he has no affiliation at all with the Torah
Academy.
Trustee Braiman suggested that language should be added that the Academy must not only obtain a license from
DCFS,but must also maintain said license.
Trustees Glover and Berman accepted the amendment to the proposed ordinance.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 6—Braiman,Glover, Berman,Trilling, Sussman, Smith
NAYS: 0—None
Motion declared carried.
ORDINANCE#2011-3—ADAM'S ROADHOUSE
Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
Moved by Braiman, seconded by Glover,to pass Ordinance#2011-3, an Amendment to the Special Use,Adam's
Roadhouse Sports Bar&Grill, 301 Milwaukee Avenue, in accordance with the draft ordinance before the Board
dated 12/23/2010.
Craig Horwitz, resident,requested that the Board deny granting the Special Use,and he would like the Board to
recognize that the Special Use granted in June of 2009 is illegal,and that approving this Special Use will allow it
without a Public Hearing on the part of Hawthorne Racetrack. Based on what he has learned,the attempt to transfer
the Special use is a violation of Village code. Mr. Horwitz asked the Board to require Hawthorne to re-petition for a
�.J Special Use and go to the Plan Commission and to a Public Hearing.
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Mr.Raysa stated noted that the Plan Commission did hold a Public Hearing on April 14,2009 and that the Special
Use requirements have been met,and there has been no detrimental effect to the Village of Buffalo Grove since the
enactment of the original ordinance. Mr. Raysa's opinion is that the proposed ordinance before the Village Board
tonight is ripe for passage and he believes it meets the requirements of both Village ordinances and State law.
Mr. Raysa confirmed to Trustee Berman that this is not a transfer of the Special Use,but it is an Amendment to the
existing Special Use and is the same Special Use.
Trustee Sussman stated that, in the future,she would encourage that terminology be used in our ordinances that is
100%accurate so that we abide exactly by what we put down.
Trustee Braiman reminded everyone that,when zoning issues are approved,Illinois law stated that it should be done
based upon the use and not the user. The use in this case has not been changed one iota,and there have been no
problems at the facility.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover, Berman,Trilling, Smith
NAYS: 1 —Sussman
Motion declared carried.
ADJOURNMENT
Moved by Sussman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 9:05 P.M.
Jane Sirabian,Village Clerk
APPROVED BY ME THIS 17th DAY OF January ,2011
Vil age President