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2011-03-21 - Village Board Regular Meeting - Minutes 12484 03/21/2011 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF ` BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, L/ 50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,MARCH 21,2011 CALL TO ORDER President Hartstein 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 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; Gregory Boysen,Director of Public Works;Rick Kuhl,Deputy Director of Public Works;Richard Kuenkler, Village Engineer;Brian Sheehan,Deputy Building Commissioner-Operations;Carol Berman,Deputy Building Commissioner—Administration;Robert Pfeil,Village Planner; Police Chief Balinski;and Joe Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover, seconded by Berman,to approve the minutes of the March 7,2011 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman, Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. WARRANT#1163 Mr. Tenerelli read Warrant#1163. Moved by Braiman, seconded by Glover,to approve Warrant#1163 in the amount of$1,574,787.42,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 noted there have been several proposals that have come forth in Springfield that have attempted to whittle away revenue to local governments by the State,and he asked residents to contact our legislators to urge that they take no steps whatsoever that will diminish the current flow of revenue to municipalities. President Hartstein urged residents to mark their calendars for the 10`h Anniversary Concert of our Buffalo Grove Symphonic Band which will be held on April 9,2011. VILLAGE MANAGER'S REPORT Mr. Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for February 2011;there were no questions on the report. 12485 03/21/201 1 Mr. Anderson presented a status report on the upgrade of our Financial Software,details of which are contained in his memo to Mr. Bragg of March 15,2011. Mr.Anderson then answered questions from the Board. QUESTIONS FROM THE AUDIENCE Andrew Stein, Cub Scout Pack 36,updated the Board and the residents on the Scouting for Food drive,noting that over 3,000 pounds of food was collected for our local food pantries,and he thanked everyone for their support. Adam Moodhe, 151 MaryLu Lane,asked if the Village had plans to participate in Earth Hour this year. Mrs. Neukirch responded that the request had been submitted to the Environmental Committee and they would be looking at recognizing Earth Hour at the end of April. TRUSTEE REPORTS Trustee Sussman reviewed the"Why I Love Buffalo Grove"contest,noting that entries are due by April 1,2011. There is an application on the back of the current Village Newsletter. Trustee Sussman reported on the Disability Awareness Campaign, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. { Trustee Braiman noted that, since he is running unopposed for Village President on April 5,2011,there will be a vacancy created for his Trustee seat. Therefore,he asked that residents interested in filling that position submit resumes to the Village. The appointment will then be made through a consensus of the Village Board, with the goal of making the appointment and swearing in the new Trustee along with the newly elected Trustees at the May 2,2011 meeting The Village Clerk reported on the upcoming April 5,2011 Municipal Election,reviewing the date for the election and for early voting,and urging everyone to be sure they are registered and to review the candidates and to be sure to vote in this election. 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 Glover,seconded by Sussman,to approve the Consent Agenda. Ordinance#2011-12—No Parking Designation 1 Motion to pass Ordinance#2011-12,amending Title 10 of the Village of Buffalo Grove Municipal Code (Designation of No Parking on Alden Lane, Parker Lane,Clohessey Drive,and Aspen Drive).* Emerald Ash Borer Motion to approve agreement and authorize the Village Manager to execute the Award Approval/ Obligation/Acceptance Form and required Federal Funding Accountability and Transparency Act Worksheet for the Emerald Ash Borer Grant for Urban Forest Restoration. *Mrs.Neukirch confirmed that the address noted in Section 1., Paragraph 124,should read 900 Alden Lane. 12486 03/21/2011 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#2011-13—FARMER'S MARKET Moved by Trilling, seconded by Glover,to pass Ordinance#2011-13,adding Chapter 2.35, Farmer's Market,to the Municipal Code of the Village of Buffalo Grove. Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. ORDINANCE#2011-14—LAB DEVELOPMENT,LLC Moved by Braiman,seconded by Smith,to pass Ordinance#2011-14,approving an Economic Incentive Agreement by and between the Village of Buffalo Grove and Lab Development, LLC(d/b/a Connexion, Distributor of Electrical Equipment and Supplies and Connexion Energy Services), in accordance with the draft ordinance in Board packets dated 3/10/2011 and the draft of the Economic Incentive Agreement dated 3/15/2011. Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Steve Abrams,Connexion Energy Services,stated that they are very excited to continue conducting business in Buffalo Grove,and noted that it has been a pleasure working with Village Staff. Energy Services Company will be building to maximize energy in their building. Trustee Braiman made reference to the fact that the agreement is beneficial to the petitioner, but is also beneficial to the Village and safeguards the Village in that since it is only on a part of our sales tax, it is virtually new money. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover, Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. RESOLUTION#2011-8—RAUPP BOULEVARD BRIDGE Moved by Trilling, seconded by Berman,to pass Resolution#2011-8, approving an Agreement for Phase I Preliminary Engineering Services related to the rehabilitation of the Raupp Boulevard Bridge. Mr. Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Kuenkler. 12487 03/21/2011 In answer to a question from Trustee Berman,Mr. Boysen confirmed that the bridge condition has been re- evaluated and now has a rating of four(4), indicating that it is seriously deteriorated and in need of significant \.� attention and work. John Ambrose,Baxter& Woodman,clarified that he does not believe that,if the federal funding is not available,the Village would be required to proceed with the repairs,but he believes that it would be in the best interest of the Village to continue to make repairs to this bridge. Mr. Ambrose clarified the work that is to be done. Trustee Braiman clarified that, if the Village enters into this agreement,we are not obligated to go through with it,but we would have to repay the federal government the amount that they have put in to the project, so our liability would be limited to that amount. In answer to a question from Trustee Trilling,Mr.Ambrose reviewed the scope of the work that would be done and he stated that they will review the condition of the bridge,and then prioritize the work and come back to the Village with a recommendation for the best possible method of dealing with the construction of the structure in the most economical manner. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. RESOLUTION#2011-9—INTERGOVERNMENTAL AGREEMENT Moved by Trilling,seconded by Sussman,to pass Resolution#2011-9,approving an Intergovernmental Agreement for Federal Highway Bridge Program participation in the Phase I Preliminary Engineering for the rehabilitation of the Raupp Boulevard Bridge. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover, Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. 795 VERNON COURT Mr. Sheehan reviewed the modifications that staff has worked out with the homeowner since they appeared before the Board on March 7,2011,details of which are contained in the Village Board Meeting Agenda item Overview that he prepared. Mr. Trilling thanked Mr. Sheehan and the Building&Zoning Department for their efforts in working with the petitioner to come up with an amicable solution. Mr. Raysa asked that the petitioners to confirm that they had amended their appeal pursuant to Mr. Sheehan's memorandum of March 14,2011. The petitioners did confirm that they agreed to amend their petition in accordance with what has been presented by Mr. Sheehan tonight. President Hartstein explained that Mr. Sheehan made the presentation on behalf of the petitioner because of language difficulties. Mr. Sheehan had met earlier with the petitioner to be sure that everyone fully understood the amendments. Moved by Trilling, seconded by Berman,to approve the appeal in accordance with the amendment as presented tonight. 12488 03/21/2011 Upon roll call,Trustees voted as follows on the motion: �./ AYES: 6—Braiman,Glover, Berman,Trilling, Sussman, Smith NAYS: 0—None Motion declared carried. TWIN RINKS ICE PAVILLION Tom Wood, White Way Signs,reviewed the request of the petitioner,wanting to amend the existing variance for Twin Rinks Ice Pavilion. Gary Pivar,Twin Rinks Ice Pavilion was also present. Because the current sign is difficult to read,they are looking to put in an electronic message center with the goal of being able to put up bigger text letters that are able to change every 8 seconds. They would also like more colors available so that they could put up different logos to match the messages. Further details of the request of the petitioner are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Sheehan. In answer to a question from Trustee Braiman, staff noted that a similar sign approved several months ago has copy that is allowed to change every 20 seconds;he believes 8 seconds is too fast and he believes 20 seconds is more appropriate;he would not be opposed to the sign with certain restrictions. Trustee Berman believes the ZBA made the correct decision and he does not see a basis for overturning their recommendation. Given the proximity to a residential area,he believes this is an intrusive sign,as it is not a commercial or shopping area. Trustee Berman's belief is that the ZBA was the place for compromises to be made,and he believes it should go back to the ZBA if that is the desire of the petitioner. Commissioner Stein reviewed the deliberation that took place at the ZBA meeting. Discussion ensued with regard to the colors. Trustee Smith discussed the 5 points outlined,and it appears that the biggest point of contention is the amount of time allowed for the message change. Trustee Sussman stated that she would never vote for a change every 8 seconds. Mr.Pivar stated that the JCC sign on a near corner changes every 5 seconds. Mr. Wood pointed out viewing angles of the sign,noting that the effect of this sign on the residential properties will be minimal. Trustee Glover stated that she has no problem with the LED signage,but she will not vote for less than 20 second intervals. Trustee Trilling stated that he has no problem with the colors,but he believes that 8 second intervals is too fast; he believes the light levels at night need to adjusted;he believes that the Village building department must have sole discretion to dictate the light level that is acceptable to the neighborhood. In answer to a question from Trustee Berman,Mr. Wood clarified the specifics for the brightness of the LED lights. Trustee Berman believes that there is the potential for a resolution that will meet the business needs and adhere to a standard for the community as well,but he believes that these are technical issues that need to be resolved at the ZBA. Trustee Braiman agrees that this needs to go back to the ZBA. With regard to the hours of operation,he does not believe it is necessary to have the electronic portion of the sign until 1:00 A.M.,or else the light should be dimmed somewhat after 10:00 P.M. Also,he would like to see a full study on the impact on the residents across the street. Moved by Braiman, seconded by Sussman,to return this issue to the ZBA for further discussion and resolution. 12489 03/21/2011 Trustee Glover believes that the high school logos for the schools that serve Buffalo Grove are acceptable,but she does not believe that logos are necessary for a broad number of schools,and she would like that to be taken into consideration by the ZBA. Trustee Sussman believes that more residences should be notified beyond the required 250'. Trustee Trilling stated that he does not have a problem with the colors representing any of the teams that will use the facility. Trustee Berman stated that he would like to be sure that counsel has considered whether there is some sort of proscription on which logos could or could not be displayed that would be appropriate and in harmony with the First Amendment. President Hartstein summarized that the critical issues are the timing,noting that there is no support for 8 second intervals,and the effect upon the neighboring residential properties. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. PLAZA VERDE SHOPPING CENTER Mr. Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Pfeil. Lawrence Freedman,attorney representing the petitioner, noted that the current restaurant will be replaced with three national restaurants,though he is not at liberty to identify them at this time. The existing building will be completely replaced. The petitioner is confident that this will be a regenerative move for the Village and the center. David Mangurten,architect, further reviewed the details of the site, noting that the overall site plan will not change. The petitioner noted that Village staff was terrific with working with them in the renovation of Discovery Clothing. Time is of the essence in moving forward with this redevelopment. President Hartstein confirmed that it is likely that the Village will know who at least two of the end users are by the time this comes back from the Plan Commission. In answer to a question from Trustee Braiman,Mr. Freedman stated that they do not believe that they will need parking variations. Moved by Braiman, seconded by Berman,to refer the Plaza Verde Shopping Center,Planned Unit Development Amendment,to the Plan Commission for review. Trustee Trilling supports this proposal and believes that it will be a great project for that corner;he confirmed that the plans dated 3/15/2011 identify 3 different sized spaces that will be needed,and the external elevations reflect different sizes, and he wanted to be sure that the footprint will remain as shown, but the interiors will be adjusted to fit each of the restaurants. Mr. Freedman confirmed to Trustee Berman that the Melting Pot would not remain on this site whether or not the Village allowed this proposal to move forward. 12490 03/21/2011 Trustee Sussman stated that she hopes the design of the new building will have some pizzazz. Mr. Freedman stated that they do not want this to be a cookie-cutter building,but they do want it to be compatible with the surrounding buildings,and he understands Trustee Sussman's concern. In answer to a question from Trustee Smith, Mr.Freedman stated that they already have plans to contact surrounding restaurateurs to let them know of their plans. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Sussman, Smith NAYS: 0—None Motion declared carried. ADJOURNMENT Moved by Sussman, seconded by Smith,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:27 P.M. Janet Pt. Sirabian,Village Clerk APPROVED BY ME THIS 4th DAY OF April ,2011 illage President r •