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2010-02-22 - Village Board Regular Meeting - Minutes 12329 02/22/2010 MINUTES OF THE RESCHEDULED 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,FEBRUARY 22,2010 CALL TO ORDER The Village Clerk called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: Trustees Braiman, Glover,Berman,Trilling,Stone and Sussman. President Hartstein was absent. Also present were: William Brimm,Village Manager; William Raysa,Village Attorney;Ghida Neukirch, Deputy Village Manager; Scott Anderson,Director of Finance; Robert Giddens,IT Director; Gregory Boysen,Director of Public Works;Rick Kuhl,Deputy Director of Public Work; Robert Pfeil,Village Planner; Brian Sheehan,Deputy Building Commissioner-Operations; Police Chief Balinski; Commander Husak; and Joseph Tenerelli,Village Treasurer. PRESIDENT PRO TEM Moved by Berman,seconded by Glover, to appoint Trustee Braiman as President Pro Tern. Upon voice vote, the motion was unanimously declared carried. APPROVAL OF MINUTES Moved by Glover,seconded by Berman,to approve the minutes of the February 1,2010 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman, Trilling,Sussman NAYS: 1 —Stone Motion declared carried. WARRANT#1139 Mr. Tenerelli read Warrant#1139. Moved by Glover, seconded by Trilling,to approve Warrant#1139 in the amount of$300,743.32, 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 President Pro Tem Braiman made the following appointments to the Buffalo Grove Days Committee: Bob Boxer,Andrew Dinkeiman, Jing O'Brien,Debi Moritz,Dan Petersen and Alan Schencker. Also re-appointed were: Mari Antman, Steven Antman,David Besser, Ken Carothers,Sandi Carothers,Ed Conkle,Barbara Czipo,Karen Danenberg, Eric Gordon,Ron Greco, Paulette Greenberg, Lori Hackett,Ron Hackett,Allan Hoffman, Howard Hoffman,Debra Jess,Penni Jess, Ron Jess, Judith Katz, Marlene Kozak,Arlene Kozemzak,Ken Lazar,Betty Lou Manso,Adam Moodhe,Mary Moodhe,Sanjay Nahar, Hal Norman, Rhonda Norman,Rodney Odelson, Lee Orlov, Jim Pawlak, Joan Pawlak, Charles Posniak,Doug Primack, Jane Primack,Debra Rybarczyk,Pamela Soracco,Marc Spunt, J.V. Springman,Arla Sprung,Murray Sprung, Janee Stempel, Joseph Tenerelli,Connie Weber, Maureen Welborn,Nancy Winter. 12330 02/22/2010 Moved by Glover,seconded by Sussman, to concur with President Pro Tem Braiman's appointments. Upon voice vote,the motion was unanimously declared carried. RESOLUTION#2010-05-PENSION FAIRNESS Mr. Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Moved by Glover,seconded by Trilling,to pass Resolution#2010-05,supporting the Village of Buffalo Grove becoming a member of the Pension Fairness for Illinois Communities Coalition. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried LEGISLATIVE BREAKFAST President Pro Tern Braiman reported on the Northwest Municipal Conference Legislative Breakfast held this past weekend. PROCLAMATION President Pro Tern Braiman read a proclamation declaring the week of February 22-26,2010 as Scholastic Journalism Week in the Village of Buffalo Grove, and congratulated the Illinois Journalism Education Association for its work on behalf of scholastic journalists and their advisors. FATHER DUFFY On behalf of the Village Board and the Village residents,President Pro Tern Braiman extended condolences to St. Mary Parish on the passing of Father Donald Duffy,who served the Parish and the community for many years. TRUSTEE REPORTS Trustee Sussman reported on the upcoming Health&Wellness Fair to be held on February 27,2010 at the Grove Banquets. The Village Clerk reported that residents will be receiving the 2010 Census forms in the mail very shortly, and urged all residents to fill out and return the forms in a timely fashion. VILLAGE MANAGER'S REPORT Mr. Brimm noted the submittal and posting to the website and the e-library of the Monthly Management Report for January,2010; there were no questions on the report. Mr. Brimm reported that the Village of Buffalo Grove Stabilization and Naturalization of the White Pine Drainage Channel was recognized by the Suburban Branch of the American Public Works Association as the 2010 Environmental Project of the Year(costing less than$5,000,000); details of this project are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Boysen. Mr. Boysen presented the plaque to President Pro Tem Braiman. 12331 02/22/2010 STARLIGHTS SYNCHRONIZED SKATING SENIOR TEAM President Pro Tern Braiman noted the accomplishments of the Starlights Synchronized Skating Team, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. President Pro Tern Braiman recognized each of the members of the team as they were congratulated by the audience and the Board. PUBLIC HEARING—MULTISPORT ATHLETIX At 7:47 P.M.,President Pro Tem Braiman called the Public Hearing for a Special Use for a Recreation Facility in the Industrial District, Multisport Athletix,355 Hastings Drive,to order. Notice of Public Hearing was published in the Daily Herald on February 6,2010. President Pro Tern Braiman swore in James Rebecca and Peter Miramonti to give testimony. Mr.Brimm reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr. Rebecca and Mr. Miramonti then answered questions from the Board. President Pro Tern Braiman asked if there were any questions from other public agencies,the audience or the Village Board; there were none. At 7:53 P.M.,President Pro Tem Braiman continued the Public Hearing until later on in the meeting when the ordinance is considered. PUBLIC HEARING—eSkape At 7:53 P.M.,President Pro Tem Braiman 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,December 21,2009, January 4, 2010, January 18,2010 and February 1,2010). Mrs.Neukirch provided a brief overview of the project to date, details of which are contained in the Village Board Meeting Agenda Item Overview that she and Mr. Pfeil prepared. President Pro Tem Braiman confirmed to Mr. Feldgreber that he is still under oath, and he then swore in Dino Gredeli of Seldin Security Services to also give testimony. Mr. Feldgreber then made a short presentation with regard to the security that he proposes for the facility. Mr. Gredeli presented a history and background of Seldin Security Services,after which he answered questions from the Board. Chief Balinski presented the position of the Buffalo Grove Police Department. Mr. Feldgreber answered several questions from the Board. President Pro Tem Braiman read comments from President Hartstein regarding his reasons for asking the Board to reject the Special Use. President Pro Tem Braiman asked Mr. Feldgreber if he would move forward if the off-duty police officers are required by the Village. Mr. Feldgreber stated that he would have to confer with his staff. 12332 02/22/2010 President Pro Tern Braiman polled the Board: YES indicates favor of requiring two off-duty uniformed Buffalo Grove police officers(item m.)for any dance party in addition to five eSkape security personnel;NO indicates not requiring the two off-duty uniformed Buffalo Grove police officers(item m.)for any dance party: YES: 4—Braiman,Glover,Stone,Sussman NO: 2—Berman,Trilling Two off-duty uniformed Buffalo Grove police officers on site for any dance party will be required. President Pro Tem Braiman asked if there were any questions from other public bodies,members of the audience or the Board. A resident stated that she believes that this would be a place where she could send her children to have a good time and be safe. Jeff Burg, resident, stated that he is pleased that the Board appears to be requiring the presence of two uniformed police officers at this facility;he is not against the proposal,but he does want to ensure that it is safe. A small business owner urged the Board to give Mr. Feldgreber a trial period The owner of Buffalo Grove Martial Arts spoke in support of his fellow businessowner, noting that the Village needs to do something to help businesses within Buffalo Grove and help owners who are struggling, particularly within the Town Center,which is a difficult area to maintain a business. Mr.Brimm noted for the record that there are two Public Hearings being considered tonight and clarified the purpose of each Public Hearing. After asking if there were any more questions from anyone,at 9:12 P.M. President Pro Tem Braiman continued the Public Hearing until later on in the meeting. QUESTIONS FROM THE AUDIENCE Andy Stein,noted that Boy Scouts will be distributing bags to households for collection of canned goods to be donated to local food pantries. The bags will be distributed during the weekend of March 6-7,2010,and the donations will be picked up the following weekend. CONSENT AGENDA President Pro Tern 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. Moved by Trilling,seconded by Berman,to approve the Consent Agenda. ORDINANCE#2010-07-THE GREEN AT CHEVY CHASE Motion to pass Ordinance#2010-07,granting a variation to the Buffalo Grove Sign Code,Section 14.20.010, The Green at Chevy Chase,southwest corner of Johnson Drive and Milwaukee Avenue. RESOLUTION#2010-06--APWA Motion to pass Resolution#2010-06,approving the re-accreditation agreement between the Village of Buffalo Grove and the Accreditation Council of the American Public Works Association(APWA). 12333 02/22/2010 RESOLUTION#2010-07-PRIVATE ACTIVITY BOND Motion to pass Resolution#2010-07,transferring$3,867,480.00 Private Activity Bond Allocation to the Private Activity Bond Clearinghouse Pool,hosted by the Village of Buffalo Grove. MOTOR FUEL TAX AUDIT Motion to approve Motor Fuel Tax Audit 2006-2008. EASEMENT AGREEENT Motion to approve Easement Agreement related to High School District 214 concerning the Villagewide Drainage Improvements Project. FAIRVIEW ESTATES Motion to approve Certificate of Initial Acceptance and Approval: Fairview Estates(partial acceptance). 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. ORDINANCE#2010-08-MULTISPORT ATHLETIX Moved by Berman,seconded by Trilling,to pass Ordinance#2010-08,approving a Special Use for a Recreation Facility in the Industrial District,Multisport Athletix,355 Hastings Drive,in accordance with the draft ordinance dated 2/17/2010 and exhibits enclosed with the agenda packet. Mr. Raysa requested that the motion be subject to receipt of the LLC registration with the Illinois Secretary of State. Trustees Berman and Trilling agreed with Mr. Raysa's request. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2010-08-VILLAGEWIDE DRAINAGE IMPROVEMENT Mr. Brimm reviewed the proposed resolution, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Boysen,with an amount not to exceed$236,830.00. President Pro Tem Braiman emphasized that the reason for the bid waiver is that Burke has already completed much of the preliminary work. Moved by Berman,seconded by Trilling,to pass Resolution#2010-08, approving an Agreement for Construction Engineering Services Related to the Villagewide Drainage Improvements Project. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman, Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None 12334 02/22/2010 VILLAGEWIDE DRAINAGE IMPROVEMENT PROJECT Mr.Brimm reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Boysen. Moved by Berman, seconded by Trilling,to award bid for Villagewide Drainage Improvement Project to the lowest qualified bidder, Copenhaver Construction,in an amount not to exceed$1,752,899.00. It was noted that this project was in response to requests from residents with regard to the flooding in this section of the Village. Trustee Berman thanked staff for their efforts,and noted that it is nice to see that the proposal is close to $700,00.00 under the estimate,so everyone benefits. President Pro Tern Braiman thanked both the Buffalo Grove Park District and High School District 214 for their cooperation in bringing this project to fruition. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman, Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. BUFFALO GROVE GOLF COURSE HVAC Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Skibbe. Mr. Brimm stated that staff recommends award of contract to Oakbrook Mechanical Services,the lowest qualified bidder, in an amount not to exceed$132,400.00,which is close to $50,000.00 less than the engineer's estimate for the project. Moved by Berman, seconded by Trilling,to award bid for the Buffalo Grove Golf Course HVAC replacement to the lowest qualified bidder, Oak Brook Mechanical Services,Inc. in an amount not to exceed$132,400.00. Trustee Trilling stated that he has reviewed the proposal and his recommendation would be that Alternate C would be best to accept. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman, Glover,Berman, Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. PUBLIC SERVICE CENTER Mr.Brimm stated that staff is requesting that this issue be deferred until the next meeting. Moved by Berman, seconded by Sussman,to defer action on the award of bid CO/NO2 Alarm and Ventilation Systems Upgrades at Public Service Center. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman, Glover,Berman, Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. 12335 02/22/2010 PUBLIC WORKS VEHICLES Mr. Brimm reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Whalen. Moved by Trilling,seconded by Glover,to authorize bid waiver and purchase for replacement vehicles for Public Works Operations through the Suburban Purchasing Cooperative/Northwest Municipal Conference, as defined in the memo dated February 22,2010. Mr. Kuhl reviewed steps that staff will be taking to try to minimize the floor corrosion that occurs in these vehicles. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. ELECTRICAL SUPPLY QUOTATIONS Mr.Brimm reviewed the proposal, details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Moved by Berman,seconded by Trilling,to authorize solicitation for competitive Electric Supply Quotations. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman, Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2010-09—ZONING ORDINANCE Moved by Berman,seconded by Trilling to pass Ordinance#2010-09,amending the Comprehensive Zoning Ordinance,Title 17,of the Municipal Code of the Village of Buffalo Grove,in accordance with the memorandum in Board packets and the draft ordinance dated January 13,2010. Mr. Feldgreber stated that he will accept the ordinance as drafted with the two Buffalo Grove Police Officers whenever there is a dance party,with the request that there be a courtesy review in three months rather than six months so that they can get a report on how they are doing. Chief Balinski stated that he has no objection to a courtesy review in three months,but a comprehensive review requires six to nine months. Mr. Raysa stated that he can create language to address Mr. Feldgreber's request. It was noted that it must be clearly understood that the three-month review is just an additional courtesy, and does not change the intent of the ordinance for a full review at six months. Discussion followed on whether or not dance parties would be allowed at all during the entire weekend of the Buffalo Grove Days celebration,with Mr.Feldgreber noting that this would be an important weekend for his business, and the Village noting that the entire police force is needed to work the Buffalo Grove Days celebration for the entire weekend from Thursday night through Monday at 6:00 P.M. 12336 02/22/2010 Adam Moodhe of the Buffalo Grove Days Committee suggested that a dance party might be held on Thursday night, as the only Buffalo Grove Days activity is Bingo,which would require minimum security, but it is also a night when students are coming home from school and perhaps Mr. Feldgreber could incorporate some type of mini-reunions. Upon roll call,Trustees voted as follows: AYES: 4—Glover,Berman, Trilling,Stone NAYS: 2—Braiman, Sussman Motion declared carried. ORDINANCE#2010-10—TOWN CENTER DISTRICT Moved by Berman,seconded by Trilling,to pass Ordinance#2010-10,the Twentieth Amendment to the Town Center Planned Unit Development Ordinance, an Ordinance approving an Amendment to the Planned Unit Development and approving an Amendment to the Special Use for a Family Entertainment Center in the Commercial/Recreational Sub-District of the B-5 Town Center District,in accordance with the draft ordinance contained in Board packets dated 2/17/2010,subject to two conditions,i.e.inclusion of language allowing for a courtesy review after three months, and also that dance club activities not take place on Friday through Monday of Labor Day weekend. Mr. Raysa asked to strike second sentence in Section 4.c.subject to his review. Trustees Braiman and Trilling agreed to Mr. Raysa's request. Mr. Feldgreber stated that he is fine with the amendment on Section 4.c. Discussion took place with regard to the security to be provided by eSkape in addition to the two uniformed Buffalo Grove Police Officers. President Pro Tem Braiman polled the Board: YES indicates favor of the inclusion of language to require no less than five private security personnel in addition to two uniformed Buffalo Grove Police Officers;NO indicates opposition: Discussion on the proposed polling followed. YES: 1 —Braiman, NO: 4—Glover,Berman,Trilling,Stone,Sussman Chief Balinski stated that he would defer to Mr. Feldgreber's judgment; he would prefer to have five private securitypersonnel in addition to the two uniformed Buffalo Grove Police Officers,but he would be willingto work with Mr. Feldgreber as to the security needs according to the size of the crowd. The Security Plan will ultimately be approved by Chief Balinski. After further discussion, Trustees voted as follows on the amended motion: AYES: 4—Glover,Berman, Trilling, Stone NO: 2—Braiman,Sussman Motion declared carried. President Pro Tern Braiman wished Mr. Feldgreber good luck in this venture. At 10:24 P.M., President Pro Tern Braiman closed both Public Hearings. 12337 02/22/2010 AUTOMATED RED LIGHT ENFORCEMENT �•/ Chief Balinski introduced Sgt. Mike Szos,who has been the project coordinator and has done extensive research in terms of the whole concept of the red-light camera system and the Chief thanked him for his work. Chief Balinski also recognized Paul Bazzano,Vice President of Sales, and Richard Kosina,the Chief Technology Officer for GATSO. Chief Balinski presented an overview of how the proposal has gotten to this point,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Mr. Bazzano then made a presentation reviewing the credentials and background of GATSO and also the experience and background of their personnel. GATSO hopes to emphasize the reason that their experience and technology will bring program integrity to the community. Mr. Bazzano referred to video during his presentation.The GATSO representatives then answered questions from the Board. Board members then shared their opinions on the proposal,noting that the exercise was a worthwhile endeavor and provided valuable information to the Board and the community. President Pro Tem Braiman read a statement from President Hartstein urging the Board to reject the installation of red-light cameras. Barnet Fagel,224 Stanton Court West,commented in opposition to the proposal. Trustee Berman read an e-mail from a resident urging the Board to move forward with the installation of red-light cameras. EXECUTIVE SESSION Moved by Glover,seconded by Sussman,to move to Executive Session for the purpose of discussing Personnel,Section 2(c)(1).of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman, Trilling, Stone, Sussman NAYS: 0—None Motion declared carried. The Board moved to Executive Session from 11:40 P.M.until 12:32 A.M. ADJOURNMENT Moved by Trilling,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried, and the meeting was adjourned at 12:32 A.M. Jan . Sirabian,Village Clerk APPROVED BY ME THIS 8`h DAY OF MARCH,2010 `✓ 17 / Village President