2011-05-16 - Village Board Regular Meeting - Minutes 12508
05/16/2011
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,MAY 16,2011
CALL TO ORDER
President Braiman called the meeting to order at 7:36 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;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;Robert Pfeil,Village Planner;
Brian Sheehan,Deputy Building Commissioner-Operations;Carol Berman,Deputy Building Commissioner-
Administration;Richard Kuenkler,Village Engineer;Police Chief Balinski;Fire Chief Vavra;and Joe Tenerelli,
Village Treasurer.
APPROVAL OF MINUTES
Moved by Ottenheimer,seconded by Berman,to approve the minutes of the May 2, 1011 Regular Meeting. Upon
roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
WARRANT# 1167
Mr.Tenerelli read Warrant#1167. Moved by Berman, seconded by Terson,to approve Warrant#1167 in the
amount of$2,159,174.56,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 announced that the informational meeting on the Weiland Road Project has been rescheduled
until June 9,2011 at 7:00 P.M. in the Council Chambers.
Trustee Sussman asked if that could be scheduled for the previous week instead due to fact that school will be out on
June 9th and perhaps residents will be on vacation.
Mr.Bragg stated that counts and projections will not be available before June 9,2011. The meeting could be held
later if that is the desire of the Board.
President Braiman informed residents that there will be a Memorial Day ceremony at the Knopf Cemetery on
Arlington Heights Road on Monday, May 30,2011 at 11:00 A.M.,and he urged everyone to attend.
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PROCLAMATION—KATHY ABANGAN
President Braiman read a Proclamation commending Kathy Abangan for her 30 years of service to the Village of
Buffalo Grove,proclaiming the best wishes of the Village Board in her retirement and thanking her for her
dedication to the residents of Buffalo Grove. Mrs.Abangan was then heartily congratulated by the audience and the
Board.
Chief Vavra noted that Mrs.Abangan has been the heart and soul of the Buffalo Grove Fire Department and her
commitment to the community and the Fire Department is unmatched and she will truly be missed by the
community and every member of the Fire Department.
BUCKLE UP BUFFALO GROVE!
Sgt. Kristiansen noted that seat belts are the most important thing that an individual can do to prevent serious injury
in an automobile accident. Sgt. Kristiansen then reviewed the details of an accident involving the Youkhanna
family,and presented the family with Saved by the Belt awards from the Village of Buffalo Grove and the State of
Illinois.
President Braiman read a Proclamation declaring the week of May 23,2011 as Click it or Ticket Week in the
Village,urging all residents to always wear seat belts when driving or riding on our roadways.
Sgt. Kristiansen thanked the board for supporting the Police Department safety programs.
VILLAGE MANAGER'S REPORT
Mr. Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for
April 2011;there were no questions on the report.
Chief Balinski addressed the Board and the community regarding Ruse Residential Burglaries primarily targeting
senior citizens. In this scenario,one person distracts the homeowner while another person enters the residence and
robs the victim. This weekend area Scouts will be going door to door to distribute flyers to alert residents to be
aware of this scam.
Officer Jamil and retired Deputy Chief Lippert reviewed the programs coordinated by the Crime Prevention Unit,
details of which may be found in Officer Jamil's memo of February 1,2011.
QUESTIONS FROM THE AUDIENCE
President Braiman asked if there were any questions from the audience on items not on the agenda;there were none.
ALLSTATE FOUNDATION
On behalf of the Allstate Foundation,Trustee Stein presented a$500 Helping Hands Grant to Rick Kahen,Chairman
of the Commission for Residents with Disabilities. Mr. Kahen thanked Trustee Stein and Allstate,as well as the
Village Board,for their support.
TRUSTEE REPORTS
Trustee Stein noted that the month of May is recognized by the Boy Scouts of America as Beautification Month,
and Scouts are at work throughout the community with projects to beautify the Village,and he thanked them for
their efforts.
Trustee Stein announced that there will be a Vernon Township Garage Sale on June 18,2011,with proceeds from
the sale of spaces going to the Vernon Township Food Pantry.
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Trustee Berman reported on the upcoming American Cancer Society Relay for Life to be held at Buffalo Grove
High School on June 17,2011. This is a social event. It is a fun event. It is also a program that is run almost
k �•/ exclusively by our high school students and is a wonderful opportunity to support our students,honor those we
know who have battled the disease and contribute to the goal of eradicating this disease.
Trustee Terson reported that there will be a Bow Wow Event at the Happy Tails Dog Park at 10:00 A.M.on May
21,2011.
The Village Clerk elaborated on the Memorial Day ceremony to be held on May 30,2011,urging residents to take
a few moments from their weekend plans to commemorate those who have sacrificed so much for our freedom.
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. There were no such requests. The Village Clerk read a brief
synopsis of each of the items on the Consent Agenda.
Ordinance#2011-20—Arboretum Golf Club
Motion to pass Ordinance#2011-20,providing for emergency access lanes for Arboretum Golf Club at 401 Half
Day Road.
Ordinance#2011-21—Sign Code
Motion to pass Ordinance 2011-21,amending Ordinance#2011-44,an ordinance granting variations to certain
sections of the Village Sign Code.
Ordinance#2011-22—Tax Abatement
Motion to pass Ordinance#2011-22,amending Ordinance#2010-68 abating taxes levied for the Village of Buffalo
Grove,Cook and Lake Counties,Illinois.
Resolution#2011-16—Identity Protection
Motion to pass Resolution#2011-16,establishing a policy with regard to the Collection,Use,Disclosure,and
Protection of Individuals' Social Security Numbers.
Resolution#2011-17—Contractual Street Maintenance
Motion to pass Resolution#2011-17,Calendar 2012 Village Wide Contractual Street Maintenance Program Motor
Fuel Tax Resolution.
Sewer Televising
Motion to award bid for 2011 Sanitary and Storm Sewer Televising Project.
Village President Pro Tem
Motion to appoint Trustee JeffreyBerman as Village President Pro Tem.
Proclamation—Sergeant Michael Millett
Motion to approve Proclamation commending Sergeant Michael Millett for service to the Village of Buffalo Grove
Police Department.
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Proclamation—Sergeant James Tomaso
�-/ Motion to approve Proclamation commending Sergeant James Tomaso for service to the Village of Buffalo Grove
Police Department.
Proclamation-EMS Week
Motion to approve Proclamation recognizing the week of May 15-21,2011 as Emergency Medical Services Week.
Proclamation—Building Safety Month
Motion to approve Proclamation recognizing the month of May 2011 as Building Safety Month.
Mr. Raysa stated that there is a new Exhibit A that contains a better clarification for Item XI.A.(Arboretum Golf
Club).
Moved by Sussman, seconded by Stein,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#2011-23—PLAZA VERDE EAST
Mr. Bragg reviewed the proposed ordinance,details of which may be found in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
Moved by Sussman, seconded by Berman,to pass Ordinance#2011-23, approving an Amendment of the Planned
Unit Development for Plaza Verde East concerning construction of a commercial building at 1205 Dundee Road.
Lawrence Freedman,attorney for the petitioner,brought the Board up to date on what has happened since the last
meeting,noting the one of the restaurants may now be disclosed,and that is Noodles&Company.
Trustee Sussman stated that she is not happy with the design of the elevation of the building,noting that there was
nothing creative or original about it.
Mr. Freedman stated that they made the changes that were suggested by the Plan Commission and the staff,and they
have gotten a number of compliments on the plan.
David Mangurten,architect,displayed the designs,and noted that the purpose of this plan is to energize the
northeast corner of the center.
Mr. Mangurten stated that he created several elevations and color schemes and shapes,and through staff and Plan
Commission conversations,they arrived at what is being submitted tonight.
Trustee Sussman again noted that she is disappointed in the proposal.
Mrs.Neukirch reviewed the deliberations of the Administrative Review Team(ART),and they do support the
recommended changes that are being presented tonight.
In answer to a question from Trustee Berman, Mr. Freedman confirmed that it is not the decision of the Village to
have the Melting Pot leave. The Melting Pot approached the developer several months ago and explained that they
were leaving. The departure of the Melting Pot has absolutely nothing to do with the proposed redevelopment.
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In answer to a question from Trustee Trilling,Mr.Mangurten explained why and how the interior does not line up
with the exterior. Trustee Trilling stated that he would like to see a better depiction of how that is going to work.
Mr. Freedman stated that they will work with staff to provide a suitable document. Mr. Freedman also noted that
they believe this project will revitalize the center.
Upon roll call,Trustees voted as follows:
AYES: 4—Berman,Terson, Stein,Ottenheimer
NAYS: 2—Trilling, Sussman
Motion declared carried.
ORDINANCE#2011-24—FENCE CODE
Mr. Sheehan reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared
Moved by Berman, seconded by Sussman,to pass Ordinance#2011-24,amending Chapter 15.20,Fence Code,of
the Village of Buffalo Grove Municipal Code,Village of Buffalo Grove,Cook and Lake Counties,Illinois.
Trustee Trilling believes very strongly that 6' fences are not something the Village wants to entertain on a routine
basis;he believes 6' fences tend to close up the neighborhoods;he believes people become privatized in their own
environments; it does not create open space;he believes the issues should be handled on a case-by-case basis;he
believes very strongly that 5' fences are sufficient to accommodate the needs of most people.
Trustee Terson stated that he agrees with Trustee Trilling's comments,and he does not want a 6' fence,but he does
not believe that the Village should tell anyone else what it right for them on their property. Fences provide people
with a certain level of comfort and security and privacy,and he believes that if someone believes that a 6' is good
for them, he does not believe the Village should tell them otherwise.
Trustee Stein stated that he does not personally want a 6' fence,but in his years on the ZBA he has seen residents
have to request a variance who would have preferred not to have to share personal information about their reasons
for the request.
Trustee Berman noted that he appreciates Trustee Trilling's comments,however,he believes the desires of the
public have changed over time. Trustee Berman stated that he hopes not everyone will put up a 6' fence,but he
believes that the homeowner should have that right if they do want one;he definitely does not want to see people
coming and requesting 7' and 8' fences now that they have the right to a 6' fence.
Trustee Sussman stated that she would never approve anything higher than 6'.
Mr. Raysa stated that he has reviewed several drafts and the proposed ordinance meets with his approval.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Berman, Sussman,Terson, Stein,Ottenheimer
NAYS; 1 —Trilling
Motion declared carried.
ORDINANCE#2011-25-eSkape
Moved by Trilling, seconded by Berman,to pass Ordinance#2011-25,Twenty-Second Amendment to the Town
Center Planned Unit Development Ordinance approving an amendment to the Planned Unit Development and
approving an amendment to the special district of the B-5 Town Center District—eSkape Entertainment Center,350
McHenry Road(originally approved as"Cosmic Zone Family Entertainment Center" Ordinance#2002-28).
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Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overview that she prepared.
In answer to a question from Trustee Berman,Mrs.Neukirch stated that the petitioner is current on all financial
obligations to the Village.
President Braiman confirmed that this supercedes previous ordinances. The prior ordinances were very inclusive of
certain things with regard to security and many other conditions.
Mrs.Neukirch stated that those conditions are removed from the proposed ordinance,but they are not removed from
what would be reviewed by staff and the conditions that staff would be imposing. The prior conditions are vacated,
and the new amendment is the governing document.
Mr. Feldgreber confirmed that he has read the document and understands his obligations under this document. Mr.
Feldgreber reviewed the type of security that is in place at eSkape.
Trustee Berman stated that he was recently at the facility and the security was very conspicuous and obvious,and he
was actually carded at the door.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#3011-18—STREET MAINTENANCE PROJECT
Moved by Trilling,seconded by Ottenheimer,to pass Resolution#2011-18,approving an Agreement for Design
Engineering Services for the 2012 Village Wide Contractual Street Maintenance Project.
Mrs.Neukirch reviewed the proposed resolution,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr. Boysen.
Mr. Kuenkler reviewed the process followed for evaluating and prioritizing the conditions of the streets.
Trustees Trilling and Ottenheimer amended the motion to add waiver of bids.
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.
PUMP STATION#7
Mr. Bragg reviewed the proposed award of contract for Deep Well at Pump Station#7,details of which are
contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Boysen.
Moved by Stein, seconded by Berman,to award contract for a new deep well at Pump Station#7 to Layne-Western
in the amount of$l,591,720.00 including a Byron-Jackson Pump with a five year warranty.
Mr. Boysen then answered questions from the Board,reviewing the negotiations with the two low bidders. Both
low bidders were given the exact same solicitation for bids. The recommended bidder is approximately$130,000
less than the alternative.
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Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Berman,Trilling,Terson, Stein,Ottenheimer
NAYS: 1 —Sussman
Motion declared carried.
RESOLUTION#2011-19—PUMP HOUSE#7
Moved by Stein, seconded by Terson,to pass Resolution#2011-19,approving an Agreement for Construction
Engineering Services for the Pump House#7 Deep Well Project.
Mr.Bragg noted that staff recommends bid waiver and authorizing this construction agreement with AECOM
Technical Services,Inc. in an amount not to exceed$42,000.
Trustees Stein and Terson amended the motion to include Mr.Bragg's recommendation.
Mr.Bragg reviewed the reasons for requesting the bid waiver.
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.
BIZ SOLUTIONS
Michael Sobel of Mark Your Space reviewed the reason that the petitioner is requesting the appeal of the ZBA
decision to deny the request made by Biz Solutions, 1493 W.Dundee Road,for deviation to the Plaza Verde
Shopping Center Sign Criteria,details of which are contained in the Village Board Meeting Agenda Item Overview
prepared by Mr. Sheehan.
Mr.Raysa clarified the status of the petitioner being before this Board. This is not a variation and was not treated
as a variation. This is before the Board on a negative ruling on a request for a deviation from a shopping center sign
package,a uniform sign package for shopping centers which must be compatible and harmonious with the
architectural scheme of the development. One route to obtain a deviation is to change the shopping center sign code
package. That request has not been made of the Village. This petitioner is before the Board for just one sign out of
the total shopping center sign code package.
Mr. Sobel stated that, in working with the Village, it was suggested that the quickest way to get this done would be
to approach it from this standpoint rather than changing the whole shopping center,which would take longer.
Trustee Terson is in favor of allowing this sign,but also in favor of changing the entire shopping center sign code,
Modern shopping centers have corporate branding,colors,and nationally recognized brands. The Village needs to
get out of the 1970's with the signs on the store fronts. This is an example of how the Village can be more business
friendly.
Trustee Stein stated that he believes the ZBA would have approved every portion of what was proposed except the
green letters for the word CLEAR. A representation was made that, if the color green was not allowed,the
petitioner would not receive back the advertising money due them.
In answer to a question from Trustee Ottenheimer,Mr. Sheehan stated that the shopping center sign code was
originally passed many years ago. Trustee Ottenheimer agrees with Trustee Terson and he believes the sign code is
antiquated. Demographics have changed and advertising has changed. If the shopping center is fine with it,he does
not have a problem with it.
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Trustee Trilling confirmed that the petitioner is requesting Alternate A,and Alternate D is what was denied by the
ZBA; he asked if there are any other alternates which would be acceptable. The petitioner
stated that they would prefer Alternate C or D.
Trustee Berman stated that the issue is the fact that this shopping center is subject to a certain set of standards,and
they have every right to come before the Board to change those standards. Trustee Berman would prefer to see this
come forward as an entirely new sign package;he does not have a problem with the sign that is being proposed.
Mr. Sobel again stated that Village staff recommended that the petitioner follow the path that is being taken.
There was discussion as to allowing a banner to be put up until this matter is resolved.
The landlord stated that he does not want his tenants held hostage to a bad recommendation from the ZBA. The
tenants need to be in business and he needs to collect rents.
Trustee Berman stated that he takes offense to that characterization. Trustee Berman stated that this sign package
belongs to the shopping center,and if the landlord had a problem with the sign package,he should have brought a
proposal to modify the sign package to the Village. What the Village is doing is asking that the tenant adhere to the
sign package and standards of the center.
Trustee Sussman stated that she believes there needs to be standards and criteria,however, in this case,she would
vote for the sign. In the future,standards and criteria need to be created to be used by everyone.
Mr. Sheehan stated that he does believe it is possible that the ZBA might have approved the request if the letter
dated April 27,2011 had been presented.
The petitioner stated that he was asked to submit CLEAR's actual branding guidelines,but they were not able to do
that because then CLEAR's branding guidelines would have become public record.
Trustee Ottenheimer stated that he is in favor of developing a new sign code package;he does believe that corporate
logos and branding are very important from a business standpoint.
Trustee Berman stated that he does have a problem with re-writing the sign package for the center on an ad hoc basis
with a negative recommendation from the ZBA as it stands. Trustee Berman suggests that the Board consider
having the ZBA re-review the matter with the benefit of the additional information so that the Board gets the benefit
or a fully informed ZBA recommendation,or proceed on the basis of a sign package revision. Trustee Berman
believes that the odds are slim that there will be a sign package revision until the next variation is requested.
In answer to a question from Trustee Trilling, Mr. Hashiguchi summarized his business. Trustee Trilling wants the
business to be able to succeed,but he also believes that there are standards that must be followed.
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The landlord stated that he was never informed by the Village that he could request a separate shopping center code
for his center,and he just relied on what was there. A separate shopping center code will be created as quickly as he
can put one together for his shopping center.
Trustee Terson asked how the Board would react to allowing the petitioner to put up the sign under the condition
that the landlord does bring the sign package forward to be reviewed and changed.
President Braiman noted that would put the petitioner in a precarious position if, in fact,the landlord does not
present a new sign package to the Village.
Moved by Sussman, seconded by Terson,to grant the appeal and allow Biz Solutions to put up their new sign for
their store, including Alternate D. Upon roll call,Trustees voted as follows:
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AYES: 3—Sussman,Terson, Stein
NAYS: 4—Berman,Trilling,Ottenheimer,President Braiman
Motion defeated.
President Braiman stated that he voted negatively because this center has been asked numerous times to create a new
policy,and he is not confident that it will ever be accomplished if it is not done now.
Moved by Berman, seconded by Ottenheimer,to return the matter to the ZBA for further consideration. Upon roll
call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
WALGREEN'S
Bernard Citron,attorney representing Walgreen's,made a presentation to the Board reviewing the request of the
developer,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.
Pfeil.
Lynn Scarbrough,representing take care health systems,reviewed the basic overview of the Take Care Clinics.
President Braiman stated that he does want to make sure that the parking is adequate.
Mr.Pfeil stated that he believes the parking as it exists on the property will be adequate to handle the projected
increase in parking demand;he does not believe there needs to be any zoning variations;he believes it is a P.U.D.
amendment type of action.
Martin Sussman suggested that the handicapped parking situation have the curbs level to the ground so that when a
wheelchair is taken out of a van,the patient does not have to look around the entire facility for the curb cuts.
Moved by Ottenheimer,seconded by Sussman,to approve an amendment of planned unit development concerning
addition of a Take Care Clinic at the Walgreen's store, 15 Buffalo Grove Road, in the B-5 District,subject to a
review of the existing curbs and, if necessary by staff recommendation,to make it more accessible.
Trustee Berman suggested that an ordinance is required to amend the P.U.D.
Trustees Ottenheimer and Sussman amended the motion to direct staff to prepare the appropriate ordinance for
further consideration.,
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.
PARKWAY TREE REPLACEMENT
Moved by Stein, seconded by Sussman, to authorize bid for 2011 Parkway Tree Replacement Program, in
accordance with the memo in Board packets dated April 20,2011.
Mr. Bragg reviewed the reasons that trees have been removed recently,details of which are contained in the Village
Board Meeting Agenda Item Overview prepared by Mr. Kuhl. All trees that have been removed were Emerald Ash
Borer infested.
Mr. Kuhl noted that over 400 trees have been removed to date.
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Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
EXECUTIVE SESSION
Moved by Berman,seconded by Ottenheimer,to move to Executive Session for the purpose of discussing Pending
Litigation, Section 2(c)(11 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 10:23 P.M.until 10:42 P.M.
ADJOURNMENT
Moved by Sussman,seconded by Ottenheimer,to adjourn the meeting. Upon voice vote,the motion was
unanimously declared carried. The meeting was adjourned at 10:43 P.M.
'INA Qum
Janet bian,Village Clerk
APPROVED BY ME THIS 6th DAY OF June ,2011
‘11.4tiiiii * titiu.....--m.-
-. Vil 1ge President
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