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2010-01-04 - Village Board Regular Meeting - Minutes 12311 01/04/2010 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 4,2010 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,Stone and Sussman. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager; Scott Anderson,Director of Finance;Gregory Boysen,Director of Public Works;Robert Pfeil, Village Planner;Brian Sheehan,Deputy Building Commissioner-Operation;Police Chief Balinski;and Deputy Police Chief Wagner. APPROVAL OF MINUTES Moved by Glover,seconded by Braiman,to approve the minutes of the December 21,2009 Regular Meeting.Upon roll call,Trustees voted as follows: f AYES: 5—Braiman,Glover,Berman,Trilling,Sussman NAYS: 1—Stone Motion declared carried. WARRANT#1136 Mr.Anderson read Warrant#1136. Moved by Glover,seconded by Berman,to approve Warrant#1136 in the amount of$1,406,225.41,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT On behalf of the Village Board,President Hartstein wished everyone a healthy,happy,and prosperous 2010. TRUSTEE REPORTS The Village Clerk reported on voter registration and early voting dates for the February 2,2010 Primary Election. The Village Clerk also urged all residents to be sure to complete and return the 2010 Census forms,pointing out that a complete and accurate count benefits the Village each resident. VILLAGE MANAGER'S REPORT Mr. Brimm announced that the Villagewide Drainage Improvement Project is commencing,and a public meeting is scheduled for January 14,2010 in the Council Chambers. 12312 01/04/2010 QUESTIONS FROM THE AUDIENCE In deference to members of the audience,President Hartstein adjusted the agenda to move the questions from the audience portion to this time. Karen Roth,White Pine Road,summarized her reasons for asking for a STOP sign on Bernard and White Pine. President Hartstein noted that staff and the Police Department will look into the request and report back to Mrs. Roth and the Board. CITIZEN RECOGNITION Chief Balinski summarized two recent incidents of citizen responsiveness and assistance in the Village,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. President Hartstein read and presented a commendation to Officer Timothy J. Sullivan for his actions. Curtis Collins was also recognized for his willingness to become involved and was instrumental in apprehending suspects and retrieving stolen property. Both of these gentlemen were thanked and congratulated by the audience and the Board. PUBLIC HEARING—eSkape At 7:47 P.M.,President Hartstein re-opened the continued Public Hearings for Amendment of Special Use,eSkape Family Entertainment Center, 350 McHenry Road,and Consideration of Amendments to the Village Zoning Ordinance Concerning Uses Allowed in a Family Entertainment Center(continued from October 5,2009,October 19,2009,November 2,2009,December 7,2009 and December 21,2009). Mrs.Neukirch summarized the extensive amount of work by staff and the petitioner to coordinate the issues and comments previously presented,details of which are contained in the Village Board Meeting Agenda Item Overviews that she and Mr.Pfeil prepared. President Hartstein confirmed to Mr.Feldgreber that he is still under oath. There are still several conditions out of the 23 conditions requested by staff where the two parties do not agree,and Mr.Feldgreber and the Board discussed those particular issues. The main condition where there is disagreement is the staff request that there be two uniformed Buffalo Grove police officers present. Lengthy discussion then ensued with regard to possible solutions to this particular condition, with no concrete solution being reached. President Hartstein asked if there were any members of the audience who wished to comment;there were none. President Hartstein polled the Board as to what,if anything,they would support with regard to the issue of uniformed police presence: Braiman: Nothing. Glover: Uniformed police presence. Berman: Would support the phase-in proposal suggested by the Village President,provided that the additional language suggested by Trustee Braiman for Condition U.was part of the draft ordinance. Trilling: Provided that it was tight enough and strict enough,he would also support Trustee Berman's recommendation. Stone: Would also support Trustee Berman's recommendation. Sussman: Nothing. Hartstein: At this point,he is not going to take a position because he is not comfortable with what we have before us;he does believe that there is clear value from a deterrent standpoint to having police officers present,and he is very disappointed in the petitioner's response that he would not agree,for any period of time,to have police presence even at the start;he understands and respects some of the comments that have been made by others with regard to not mandating . 12313 01/04/200 whether or not there might be an appropriate trigger;there might be a situation,depending upon the language and how strong that trigger was and depending upon inclusion of virtually automatic termination at Village discretion based upon the strengthening of Section U.,that is something that he would have to evaluate once he has seen the language and seen the strength of that language before he could make a decision as to whether or not he would be inclined to support the proposal. In answer to a question of whether he would vote affirmatively or negatively if this comes back before the Board, President Hartstein stated that he is very torn;with regard to the question that was posed regarding private security as opposed to uniformed police who would have control and authority to act on the spot,there would be a disincentive to have an incident reported if it could be handled by the private security firm,and that is bothersome to him;he clearly believes the preference is to have uniformed police presence for a period of time;he might consider supporting this particular ordinance if certain specifics were included as a trigger. Further discussion ensued with regard to language that would be strong enough to ensure complete compliance. President Hartstein polled the Board: YES indicates support of going along with the staff recommendation as to not require the original language with regard to eliminating the glass containers,and going along with the compromise to allow the cans;NO indicates standing by the original language requiring only plastic: Braiman: Plastic Glover: No plastic Berman: No plastic Trilling: No plastic Stone: Cans and plastic bottles Sussman: Cans and plastic bottles The next issue discussed related to the issue of the Buffalo Grove Police Department access to surveillance cameras, with Mr.Feldgreber noting that he would cover the monthly IP fee with all other costs being borne by the Buffalo Grove Police Department. There is an initial expense of approximately$3,000,which Mr.Feldgreber stated that he will not agree to pay,but would only agree to pay the monthly IP fee. Clarification of this issue will be made before the next meeting. Mr. Feldgreber stated that he is 100%fine with the Buffalo Grove Police Department linked into his security system. After further discussion,it was moved by Trilling,seconded by Berman,to continue this Public Hearing until January 18,2010. Upon roll call Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. At 9:29 P.M.,President Hartstein continued the Public Hearing until January 18,2010. 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;it was requested that Item XI.A. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Berman,seconded by Trilling,to approve the Consent Agenda minus Item XI. A. ORDINANCE#2010-01—APTAKISIC CREEK CORPORATE PARK Motion to pass Ordinance#2010-01,granting a variation from Section 14.20.070 of the Buffalo Grove Sign Code, Aptakisic Creek Corporate Park, 1700 Leider Lane. 12314 01/04/2010 VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Motion to approve Temporary Easement Agreement for The Crossings Homeowners Association concerning the Villagewide Drainage Improvement Project. VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Motion to approve Temporary Easement Agreement for Chicago Title Land Trust Company Successor Trustee under Trust Agreement dated 4/29/94 Trust Number MP-012586,730 MacArthur Drive,concerning the Villagewide Drainage Improvement Project. VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Motion to approve Temporary Easement Agreement for James M.Hart and Susan Hart,Trustees of the Hart Family Revocable Trust dated 2/8/2005,740 MacArthur Drive,concerning the Villagewide Drainage Improvement Project. VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Motion to approve Temporary Easement Agreement for Laura A.Kniskern and Scott L.Kniskern,husband and wife,490 St.Mary's Parkway,concerning the Villagewide Drainage Improvement Project. VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Motion to approve Temporary Easement Agreement for John S.Yundt, 163 Mary Lu Lane,concerning the Villagewide Drainage Improvement Project. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2010-01—PUMP STATION NO.7 Moved by Stone,seconded by Berman,to pass Resolution#2010-01,waiver of bid and approval of a resolution entitled A Resolution Approving a Proposal for Professional Engineering Services Related to the Design of a New Deep Well at Pump Station No. 7. Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. After discussion,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2010-02—NORTH SHORE GAS COMPANY Moved by Braiman, seconded by Berman,to pass Resolution#2010-02,approving a Gas Use Tax Collection Agreement between the Village of Buffalo Grove and North Shore Gas Company,in accordance with the document in Board packets dated 12/7/2009. Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board meeting Agenda Item Overview prepared by Mr.Anderson. 12315 01/04/2010 Trustees Braiman and Berman agreed to amend the motion in accordance with Staff and the Village Attorney review and adding language relative to the sunset provision. After brief discussion,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2010-02—DENGEO'S Moved by Braiman,seconded by Berman,to pass Ordinance#2010-02,granting variation from Section 14.40.125 of the Buffalo Grove Sign Code,Dengeo's Restaurant, 195 W.Dundee Road,in accordance with the documents included in Board packets and specifically the sign that includes"welcome to and established 1972". Trustee Sussman explained that she requested that this item be removed from the Consent Agenda,noting that this sign is not the original sign that was approved by the Zoning Board of Appeals. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman NAYS: 0—None Motion declared carried. ZBA APPEAL—APTAKISIC CREEK CORPORATE CENTER Mark Christensen,Peerless Bridge,LLC,reviewed the reason for the appeal of the ZBA decision,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Sheehan. ZBA Commissioner Shapiro reviewed the deliberations that took place at the Zoning Board of Appeals meeting. ZBA Commissioner Windecker also commented on the ZBA discussions. Mr.Christensen responded to the comments made by the ZBA Commissioners. ZBA Commissioner Stein noted the reasons that he voted affirmatively on this issue. Lengthy discussion ensued. Moved by Braiman,seconded by Glover,to overturn the Zoning Board of Appeals decision to deny the request made by Peerless Bridge,LLC and to grant a variance to the Sign Code Section 14.20.050 pertaining to the Industrial Districts,and Sections 14.20.070 pertaining to Ground Signs for the purpose of allowing more than one ground sign on the developed parcel and to allow the tenant identification ground sign to be located within 250' of the corporate park identification ground sign to be located on the same parcel,and to allow the tenant identification ground sign to be located within 250' of the two existing ground signs located on the same side of the street at 1701 Leider Lane,Buffalo Grove,Illinois,in accordance with the documents in Board packets,specifically Zoning Board of Appeals Exhibit E,subject to the fact that there be no more than six equal and uniform sized panels with no more than two panels per tenant and those panels shall be horizontal,and directing staff to prepare such an ordinance. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. 12316 01/04/2010 NEW BUSINESS Trustee Stone stated that she wants to be sure that the vetting process is thorough for the issue of Red Light Enforcement. Trustee Stone asked Mr.Raysa if he has an answer to the policy that the State of Illinois has regarding Election Campaign issues. Mr.Raysa stated that his research is in progress. ADJOURNMENT Moved by Braiman,seconded by Trilling,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 10:32 P.M. Jane abian,Village Clerk APPROVED BY ME THIS 18th DAY OF January ,2010 Village President At the meeting of January 18,2010,the minutes were corrected as follows: The vote to continue the Public hearing was added on page 12413,and the words"on the Consent Agenda"were deleted on page 12314. Li