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2008-05-05 - Village Board Regular Meeting - Minutes 12006 05/05/2008 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 5,2008 CALL TO ORDER President Hartstein 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: President Hartstein;Trustees Braiman,Berman,Kahn,Trilling. Trustees Glover and Rubin were absent. Also present were: William Brimm,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;Robert Pfeil,Village Planner;Joe Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Berman,seconded by Kahn,to approve the minutes of the April 21,2008 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. WARRANT#1096 Mr.Tenerelli read Warrant#1096. Moved by Braiman, seconded by Berman,to approve Warrant#1096 in the amount of$1,854,875.22,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein read from a Proclamation designating the week of May 17-23,2008 as National Safe Boating Week in the Village of Buffalo Grove and the start of the year-round effort to promote safe boating. President Hartstein reported on a meeting that he recently attended sponsored by the Lake County Partner and the Lake County Transportation Alliance. TRUSTEE REPORTS Trustee Berman reported that Deerfield Parkway was opened this afternoon by the Lake County Department of Transportation,and commended them for completing the project two days early. Trustee Berman encouraged residents to support our Relay for Life to begin on June 14,2008 at Stevenson High School. The event is unique in that it is coordinated almost exclusively by the students at Stevenson and Buffalo Grove High Schools. It is an event that raises money for a good cause and is a fun-filled event as well. 12007 05/05/2008 Trustee Berman reported that he did attend a meeting of the Cook County Board of Commissioners on April 23, 2008,at which time the County Board considered a motion to reconsider their earlier adoption of a resolution in support of the Canadian National acquisition of the EJ&E,however,that motion failed and the County Board is still on record as supporting the acquisition. The Village Clerk reported on the plans for the 50`h Anniversary celebration. The next event will be our Car Show&Sock Hop to be held on the Village Campus on June 21,2008.Applications for the commemorative Illinois license plates are available at Village Hall and will be available at the Open House. President Hartstein thanked the committee and the staff for the incredible job that they have done to commemorate the 50th anniversary. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda;there were none. 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 Kahn,seconded by Berman,to approve the Consent Agenda. ORDINANCE#2008-26—TACOS EL NORTE Motion to pass Ordinance#2008-26,amending Chapter 5.20,Liquor Controls,Class E,Tacos El Norte. ORDINANCE#2008-27—TACOS EL NORTE Motion to pass Ordinance#2008-27,amending Chapter 5.20,Liquor Controls,Tacos El Norte,Class B. ORDINANCE#2008-28—TRAGON CORPORATION Motion to pass Ordinance#2008-28,amending Chapter 5.20,Liquor Controls,Class D,Tragon Corporation. RESOLUTION#2008-13—2016 OLYMPICS Motion to pass Resolution#2008-13,supporting the City of Chicago's Bid for the 2016 Olympic and Paralympic Games. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. RESOLUTION#2008-14—DUNDEE ROAD STREET LIGHTING Moved by Braiman,seconded by Kahn,to pass Resolution#2008-14,approving an agreement with the Village of Arlington Heights concerning the Dundee Road street lighting improvement. Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. 12008 05/05/2008 Trustee Trilling requested that the Village Manager keep the Village of Arlington Heights informed as to any cost changes that may occur as it progresses. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. RESOLUTION#2008-15—VILLAGE BAR&GRILL Moved by Kahn,seconded by Berman,to pass Resolution#2008-15,authorizing the extension of a lease between the Village of Buffalo Grove and Tap Room Hospitality,LLC d/b/a Village Bar&Grill,in accordance with the memo in Board packets. Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Anderson. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. 2008 SIDEWALK PROJECT Moved by Braiman,seconded by Berman,to award bid for the 2008 Sidewalk Project to Suburban Concrete,Inc. in an amount not to exceed$274,941.25 Mr.Brimm reviewed the proposed project,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Kuenkler. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. 2008 BIKE PATH&PARKING LOT IMPROVEMENT Moved by Trilling,seconded by Kahn,to award bid for 2008 Bike Path&Parking Lot Improvement Project to Allstar Asphalt,Inc.,for a bid not to exceed$131,193.30,consistent with the memo in Board packets. Mr.Brimm reviewed the proposed project,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Kuenkler. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. 12009 05/05/2008 BUFFALO GROVE PARK DISTRICT Michael Rylko,Park District Director,introduced members of the Park District team,and made a brief presentation reviewing the request of the Park District for an amendment of the special use concerning services offered at the Fitness Center,details of which are contained in his memo to Mr.Brimm of February 26,2008. In answer to a question from Trustee Kahn,Mr.Rylko stated that the Park District is not claiming that the services being requested are health related or therapeutic in nature,but are being requested in order to be competitive in the market. Trustee Kahn stated that he is challenged and troubled by the fact that the Park District is in competition with private businesses in this public/private partnership. Marilyn Wagner,owner of Best Salon&Spa,Old Checker Road,thanked the Board for inviting business owners to this meeting. Ms.Wagner detailed the services offered by her establishment,and reviewed some of the percentages of her business that those services make up. There are 26 salons in Buffalo Grove,many of which offer spa services,as well as 14 nail salons,and these numbers do not reflect the myriad of similar establishments that are across the street from Buffalo Grove at every border. Ms.Wagner does not believe that it is necessary for the Park District to go into the business of waxing;she then proceeded to answer questions about her business from the Board. Warren Michaels,owner of Michael Thomas Salon,stated that, in businesses such as his and Ms.Wagner's,spa and hair service are the services which generate their entire revenue. They do not have the type of financial backing that a health club has,and cannot set their prices in the same way as a spa that does have that health club advantage where that spa could conceivably charge less and put others out of business. There are currently 17 or 18 spas in town,all generating revenue in the same way,and on behalf of himself and the other establishments, he is asking that the Board take this into consideration;these are businesses that have put their trust into this area and they should be protected. Mr.Michaels stated that he believes that there are places doing business without licensed employees,and he suggested that,when the Village does check for licensed employees,they check identification to ensure that the license and the employee are a match. Ms.Wagner stated that she believes Buffalo Grove does check licenses when requested,but she does not believe that they are checking the license against the identity of the licensee. Trustee Berman stated that the only question being presented to the Board tonight is whether or not to amend the special use for the purpose of allowing the waxing services,and whether that amendment meets the special use criteria. Trustee Berman has reviewed the special use criteria. The purpose of the special use in the Zoning Ordinance is not to protect businesses from a competitive environment,however,the concern on the part of some Trustees is that the competition is not fair competition,but is unfair competition because of the nature of the perceived public subsidy to the property. Trustee Berman stated that he is heartened to hear that Ms. Wagner's prices are lower than the Park District facility,which would suggest that whatever public subsidy that exists has not encouraged them to undercut their prices,and that they have not affected her existing business to a great degree. On the whole,when the criteria are applied,he has a hard time finding a basis in zoning law to deny the application. Although he does tend to agree with Trustee Kahn's assessment that this type of competition is troubling,he does believe that the Park District has made their case for an amendment in compliance with the criteria that the Board is to apply. Trustee Braiman agrees completely with Trustee Berman. Although he was also undecided as to how he would vote on the issue,the major point is that this has to do with zoning. In answer to a question from Trustee Trilling,Mr.Raysa stated that this just has to meet the special use criteria in the Zoning Ordinance. 12010 05/05/2008 Further discussion took place with regard to whether or not a service had to be therapeutic in nature in order to meet the criteria. Moved by Braiman,seconded by Berman,to direct staff prepare an amendment ordinance to the Vitality Spa Special Use to be considered by the Board at an upcoming meeting. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0-None ABSENT: 2—Glover,Rubin Motion declared carried. TOWN CENTER P.U.D. Mr.Brimm reviewed the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Dr.Brian Locker,representing the practice,discussed the petition,details of which are contained in his letter to the Village of April 8,2008,and looked for further direction from the Board. Trustee Kahn is troubled with looking at another non-retail and non-tax-generating use in this center,and he wants to be on record stating that he does not think he would support the proposal. If this does come back before the Board,Trustee Berman would want to have figures available regarding the ratio between retail and non-retail uses. Trustee Berman agrees with Trustee Kahn and has long supported tax- generating uses,and is concerned about turning over retail space for non-retail uses;however,in looking at the numbers for this center,it appears to be a relatively small percentage that is being used for non-retail use. Trustee Braiman noted that he does have family members that are patients of this practice;he does agree with everything that has been said so far;there is an ongoing concern regarding the transfer of commercial tax- generating uses to non-tax-generating uses. However,there has not been a limit for other retail centers,and he does not believe it would be fair to impose limits on this particular center. Under the current criteria for special use,he believes this would comply. Trustee Braiman does believe that there should be some standards put together for all developments as far as what is and what is not allowed with regard to the special use criteria. There was further discussion with regard to the parking and pedestrian safety issues in that area,as well as the difficulty in leasing this particular location,since there is virtually no visibility. Moved by Berman,seconded by Braiman,to direct staff to draft an ordinance allowing for an amendment to the Town Center P.U.D.for Partners in Obstetrics and Gynecology,210 McHenry Road. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. AUTOMATED NOTIFICATION SYSTEM Mr.Brimm introduced the proposal with regard to the reverse 9-1-1 System. Mrs.Neukirch made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. 12011 05/05/2008 After discussion with regard to the specifics of the various systems,how and when to use the system,and how to pay for the system,it was determined that the Board would like to review several demonstrations of the various systems. Trustee Berman noted that there is a significant cost to this system,and there are not funds in the budget to cover that cost,and he suggested the possibility of looking to the Water Fund as a source to fund this system,citing that an increase of one or two cents to the water rate would have a fairly low impact on residents. Staff will assemble the requested information for the Board,and will also schedule several demonstrations of the l , various systems for the Board. EXECUTIVE SESSION Moved by Berman,seconded by Braiman,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: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 2—Glover,Rubin Motion declared carried. The Board moved to Executive Session from 9:04 P.M.until 10:25P.M. ADJOURNMENT Braiman Berman Moved by, seconded by,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 10:25 P.M. Janee`t .S abian,Village Clerk APPROVED BY ME THIS 19th DAY OF May ,2008 Village President