2008-06-02 - Village Board Regular Meeting - Minutes 12015
06/02/2008
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,JUNE 2,2008
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,Glover,Kahn,Trilling and
Rubin. Trustee Berman arrived at 8:30 P.M.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,
Deputy Village Manager;Scott Anderson,Director of Finance;Robert Giddens,MIS Director;Robert Pfeil,
Village Planner;Ed Schar,Director of Building&Zoning;Richard Kuenkler,Village Engineer;Brian Sheehan,
Village Health Officer;Brett Robinson,Public Works Technical Services Manager;Joe Tenerelli,Village
Treasurer.
APPROVAL OF MINUTES
Moved by Trilling,seconded by Rubin,to approve the minutes of the May 19,2008 Regular Meeting. Upon roll
call,Trustees voted as follows:
AYES: 3—Trilling,Rubin,President Hartstein
NAYS: 0—None
ABSTAIN: 3—Braiman,Glover,Kahn
ABSENT: 1 —Berman
Motion declared carried.
WARRANT#1098
Mr.Tenerelli read Warrant#1098. Moved by Glover,seconded by Braiman,to approve Warrant#1098 in the
amount of$2,128,790.97,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Hartstein read a Proclamation proclaiming appreciation for the leadership and efforts of Allen Meyer
during his tenure as Library Director for the Vernon Area Public Library District,and paying special tribute to
him for his dedicated and tireless service to our community. George Goldstein of the VAPL accepted the award
on behalf of Mr.Meyer and thanked the Board for this special honor for Mr.Meyer.
President Harstein congratulated the Buffalo Grove High School Boy's Volleyball team on their achievement
of taking second place in the IHSA State Tournament this past weekend.
President Hartstein urged everyone to participate in the American Cancer Society Relay for Life to be held on
June 14, 2008 at Stevenson High School and sponsored by the students of Buffalo Grove and Stevenson High
Schools.
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TRUSTEE REPORTS
Trustee Brannan announced that there will be a Metal Gas Can Exchange Program on Saturday,June 14,2008
in the Public Works parking lot,and urged residents to take advantage of this program.
Trustee Braiman announced that the Buffalo Grove Health Department and SWANCC are sponsoring a
Document Destruction Event on Saturday,June 7,2008,also in the Public Works parking lot,and he urged
residents to take advantage of this event to shred sensitive documents and guard against identity theft.
Trustee Kahn thanked the members of the Fire Department for their recent donation of over 20 units of blood.
There will be a Blood Drive on Saturday,June 14,2008 at the Alcott Center,and residents who are physically
able are urged to take advantage of this opportunity to donate this life-saving resource. Trustee Kahn thanked
the Park District for the use of the Alcott Center for this important event.
Trustee Rubin congratulated the Police Department for winning the 2007 Illinois Traffic Safety Challenge by
taking first place in the Championship Class,which is Police Departments up to 2,000 sworn officers. The
Department also won service awards for speed awareness and bicycle/pedestrian safety.
The Village Clerk reported on the plans for the 50th Anniversary celebration. The next event will be our Car
Show&Sock Hop to be held on the Village Campus on June 21,2008.Also,applications for the
commemorative Illinois license plates are available at Village Hall.
PUBLIC HEARING—LAND&LAKES PROPERTY
President Hartstein called the Public Hearing for the proposed Annexation Agreement for the Land&Lakes
Property,Milwaukee Avenue north of Busch Parkway,to order at 7:47 P.M. Notice of this Public Hearing was
published in the Daily Herald on May 17,2008.
James Cowhey,owner of Land and Lakes property,briefly reviewed the work that has been done on this project
to date,and noted that they are prepared to answer any questions from the Board.
President Hartstein swore in those who will be giving testimony.
Matt Norton,Holland&Knight,attorneys representing the petitioners,made a presentation to the Board,details
of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Norton
referred to the following exhibits during his presentation:
Exhibit 1: Aerial View of the Site
Exhibit 2: Concept Plan for the West Side
Exhibit 3: Preliminary Plan for the East Side
Mr.Norton stated that there has been a great deal of interest in the property.
Mr.Brimm confirmed for the record that,on February 20,2008,the Plan Commission voted unanimously to
recommend this program,which consists of five individual approvals.
The developers then answered questions from the Board,primarily regarding uses and phasing.
�•/ President Hartstein asked if there were any further questions or comments from members of the Board,members
of the public,or members of other public bodies;there were none.
Mr.Raysa noted that the purpose of this Public Hearing is to present a Public Hearing of that certain Annexation
Agreement that is being presented to the Village Board. The draft that is being presented is dated 5/14/2008 on
page one in the top left-hand corner,and is entitled Annexation Agreement. Pursuant to State law,this does not
have to be a final draft,and changes can be made between the Public Hearing and the execution of the final draft.
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Mr.Raysa also wants to note that one of the requirements that Village staff asked of the developer was to present
tonight in good faith a fully executed signature page.
Mr.Norton stated that they did give Mr.Raysa a copy of the signed signature page. They want to go through the
final original with exhibits attached one more time,and at that point,they will include the original signature
pages from the owners of the property,and that should happen in the next day or two.
Mr.Raysa confirmed that the developer has demonstrated their good faith in order to go forward with the
Annexation Agreement draft that has been presented tonight.
Mr.Cowhey thanked everyone on the staff and the Board for all the work that was put into this project,and
noted that staff has been outstanding in their efforts to work with them.
At 8:10 P.M.,President Hartstein continued the Public Hearing until later in the meeting when these items are
considered.
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 Braiman,seconded by Glover,to approve the Consent Agenda.
RESOLUTION#2008-17—NORTHWEST CENTRAL DISPATCH
Motion to pass Resolution#2008-17,authorizing entry into an amended agreement for Northwest Central
Dispatch System.
RESOLUTION#2008-18—NORTHWEST CENTRAL 9-1-1
Motion to pass Resolution#2008-18,approving an addendum of new membership in the Northwest Central 9-1-
1 system.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
ORDINANCE#2008-30—ZONING ORDINANCE
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-29,amending the Village of Buffalo Grove
Zoning Ordinance,title 17 of the Municipal Code,to add Landscape Waste Transfer Station as a Special Use in
the Industrial District,in accordance with the proposed draft ordinance dated 5/27/2008. Upon roll call,Trustees
voted as follows:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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ORDINANCE#2008-31—ANNEXATION AGREEMENT—LAND&LAKES
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-30,approving an Annexation Agreement for
the Land&Lakes Property,East Parcel and West Parcel,Milwaukee Avenue North of Busch Parkway in
accordance with the draft ordinance dated 5/21/2008.
President Hartstein asked for any further questions or comments with regard to the Public Hearing;there were
none. President Hartstein closed the Public Hearing at 8:14 P.M.
Trustee Braiman asked if any other Trustees had questions or concerns with regard to the restaurants or the bank;
�•/ there were none. Trustee Braiman then noted that he trusts that the developer has been working so long and hard
on this project that they will understand the concerns of the Board and market it to other types of users first,and
this will be a very successful venture.
In answer to a question from Trustee Glover,Mr.Norton responded as to the possible uses for the outlots.
At 8:19 P.M.,President Hartstein re-opened the Public Hearing for the purpose of labeling the exhibit that was in
the Board packets as Exhibit 2A. The Public Hearing was then closed at 8:20 P.M.
Mr.Raysa asked that the motion be subject to two items: first,there are some typos that need to be corrected,
and second the Plat of Annexation contained in Board packets needs to be corrected in a very small area that
includes a piece of Milwaukee Avenue that is already in the Village.
Trustees Berman and Kahn amended the motion to make it subject to the clarifications by requested by Mr.
Raysa.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
ORDINANCE#2008-32—ANNEXATION—LAND&LAKES
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-31,annexing the Land&Lakes Property,East
Parcel and West Parcel,Milwaukee Avenue North of Busch Parkway,in accordance with the draft ordinance
dated 5/21/2008. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
ORDINANCE#2008-33—ZONING—LAND&LAKES
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-32,approving zoning in the Industrial District
with a Special Use for a Landscape Waste Transfer Station,River's Edge Landscape Facility,Land&Lakes East
Parcel,Milwaukee Avenue North of Busch Parkway in accordance with the draft ordinance dated 5/21/2008.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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ORDINANCE#2008-34—ZONING—LAND&LAKES
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-33,approving zoning in the B-3 Planned
Business Center District,Land&Lakes West Parcel,Milwaukee Avenue North of Busch Parkway in accordance
with the draft ordinance dated 5/21/2008.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
President Hartstein welcomed Land&Lakes to the community,and wished them well in seeking out some great
end users in hopes that this will be a fine economic center for the community and a prosperous one for the
developer as well.
Trustee Braiman thanked staff for the work that has been put in over several years in this process,and he
congratulates them as well as Land&Lakes.
ORDINANCE#2008-35—BUFFALO GROVE FITNESS CENTER
Moved by Braiman,seconded by Rubin,to pass Ordinance#2008-34,amending the Special Use for the Buffalo
Grove Fitness Center,Vitality Spa,601 Deerfield Parkway,concerning additional spa services.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr.Pfeil.
Trustee Berman arrived at this time.
Mr.Rylko summarized the expanded services that are being requested in order to be competitive in the market
place and to provide services that are being requested by clients.
Gina Madden,legal counsel,reviewed the criteria for special use,and noted that the requested services are an
allowed use pursuant to the criteria required for a special use;she further explained why they believe these
services apply to the special use criteria.
Trustee Braiman stated that the obligation of the Village is to adhere to the requirements of the special use,and
based upon what has been presented,he does believe that the request does comply,
Trustee Glover stated that,although she believes that the criteria does meet the special use requirements,she
does not believe that it meets the spirit of the allowable use;she does not believe that she can turn it down,but
she does want it known that she is very disappointed in the Park District.
Trustee Kahn stated that he does understand the legal issues;he is disappointed that the Park District is going
into competition with local business establishments;he is a big fan of the fitness center,but he is disappointed
that the Park District is viewing this as a potential revenue stream and will be hurting local businesses;he does
not believe that it is about therapy,but rather a revenue stream.
Trustee Berman stated that he respects Trustee Kahn's view,and he does not disagree with some of the
substance,but ultimately some of the questions raised are those of programming by the Park District,and the
time and place to raise those concerns is with the Park Board,which is where their policy decisions are made.
The question before this Board is fairly limited and is a matter of zoning and whether or not this particular use
meets the special use criteria. Trustee Berman believes the information provided to Board showed that there is
competition,but not significant competition,and it does not appear that there is an element of unfair
competition;he does not believe there is a basis to refuse this request.
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Trustee Braiman stated that he believes this proposal is little different than the restaurant and golf courses that
the Village operates,and he does not believe the Park District should be treated differently than the Village.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Berman,Glover,Trilling,Rubin
NAYS: 0—None
ABSTAIN: 1 —Kahn
l Motion declared carried.
ORDINANCE#2008-36—AFFINITY HEALTHCARE,LLC
Moved by Braiman,seconded by Kahn,to pass Ordinance#2008-35,approving a Preliminary Plan for the
proposed Medical Office Building for Affinity Healthcare,LLC, 1450 Busch Parkway in accordance with the
draft ordinance dated 5/29/2008.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr.Pfeil;he noted that the recommendation from the Plan Commission was
unanimous.
Mark Tritschler,McShane Construction,made a presentation reviewing the request of the petitioner,referring to
the Site Plan and elevations.
In answer to a question from Trustee Braiman,Mr.Kuenkler stated that the variations have been reviewed and
approved.
Michael Hartke reviewed the parking ratio,noting that the parking will be sufficient for their needs and there
will not be any problems.
Mr.Brimm noted that Section 2 of the proposed ordinance would be subject to the conditions noted,and staff
and counsel will continue to work with the development team to resolve the matters before the first building
permit is issued.
Mr.Raysa responded to a question from Trustee Braiman with regard to the access drive.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
President Hartstein welcomed the Affinity Healthcare into the Village.
ORDINANCE#2008-37—SIGN CODE
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
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Moved by Rubin,seconded by Braiman,to pass Ordinance#2008-36,amending Chapter 14.30 of the Sign Code
of the Village of Buffalo Grove Municipal Code.
Trustee Glover noted that she will recuse herself from discussion on this issue due to a possible conflict of
interest.
Trustee Berman has reservations;would like to see the special consideration given to this effort also be tied to
some limited duration. Mr.Raysa stated that,if the Board is amenable,a sunset provision would be possible to
add to the proposed ordinance.
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Trustees Rubin and Braiman accepted the amendment to the motion to add a 12-month sunset provision.
After a suggestion by Trustee Trilling,Trustees Rubin and Braiman amended the motion to set the revision date
as 12/31/2009.
Upon roll call,Trustees voted as follows on the twice-amended motion:
AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
RECUSE: 1 —Glover
Motion declared carried.
ORDINANCE#2008-38—PARTNERS IN OBSTETRICS AND GYNECOLOGY
Moved by Braiman,seconded by Berman,to pass Ordinance#2008-37,amending the Town Center P.U.D.to
allow a Medical Office at 210 McHenry Road for Partners in Obstetrics and Gynecology in accordance with the
memo before the Board.
Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Mr.Pfeil.
Trustee Berman stated that the material staff provided gave him a level of comfort in terms of the overall use of
this center and others,and noted his appreciation for that information.
Trustee Kahn stated that Trustee Berman said exactly what he wanted to say.
Trustee Braiman stated that,with regard to non-generating uses,this is a minimal modification.
President Hartstein also thanked staff for the effort that they put into accumulating the requested information.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
AUTOMATED NOTIFICATION SYSTEM
Mr.Brimm noted that staff believes that it would be best to defer a recommendation on this item until the June
16,2008 Regular Meeting.
VILLAGE HALL EXTERIOR PAINTING
Moved by Braiman, seconded by Berman,to award bid for Village Hall exterior painting to P&L Construction in
an amount not to exceed$24,000.00.
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Mr.Brimm reviewed the proposal,and noted that staff recommends the award of bid and the project will get
under way immediately..
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
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06/02/2008
In answer to a question from Trustee Trilling,Mr.Robinson explained that eight bids were directly sent out in
addition to newspaper solicitation.
411 INDIAN HILL DRIVE
Timothy Egan,411 Indian Hill Drive,made a presentation with regard to his request for a variation of Fence
Code,Section 15.20.040,pertaining to Residential Districts.
Commissioner Entman reviewed the deliberations that took place at the Zoning Board of Appeals meeting.
Lengthy discussion took place with regard to the best way to find a way to deal with the unusual circumstances
and comply with the request of the petitioner in a manner beneficial to all parties.
Moved by Braiman,seconded by Kahn,to refer the appeal of the Zoning Board of Appeals decision to deny the
request made by Timothy Egan,411 Indian Hill Drive,for variation of Fence Code,Section 15.20.040 pertaining
to Residential Districts,back to the Zoning Board of Appeals for further consideration. Upon voice vote,the
motion was unanimously declared carried.
EMERGENCY OPERATIONS CENTER
Moved by Rubin,seconded by Kahn,to award bid for the Emergency Operations Center interior renovations in
accordance with the material 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.Skibbe.
In answer to a question from Trustee Berman,Mr.Brimm commented on the disparity in the scope of the bids,
and stated that staff is confident that this project can be undertaken and completed within the parameters of the
bid specs. There is a performance bond on this project.
Trustee Braiman stated that it might be a good idea to check out other work done by contractors.
Because of the variance in the bids,Trustee Trilling stated that he would personally be apprehensive in awarding
a bid of this type,however,there is a bid bond and a performance bond so he is comfortable with the proposal.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
EXECUTIVE SESSION
Moved by Kahn,seconded by Berman,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—Braiman,Glover,Berman,Kahn,Trilling,Rubin
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Session from 9:40 P.M.until 10:02 P.M.
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ADJOURNMENT
Moved by Kahn,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was declared
carried,and the meeting was adjourned at 10:02 P.M.
' Janetivr. Sirabian,Village Clerk
V
APPROVED BY ME THIS 16th DAY OF June ,2008
Village President
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