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2008-09-08 - Village Board Regular Meeting - Minutes 12041 09/08/2008 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,SEPTEMBER 8,2008 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,Berman,Kahn,and Trilling. Trustee Rubin was absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Andy Hubbartt,Village Attorney;Ghida Neukirch,Deputy Village Manager;Greg Boysen,Director of Public Works;Rick Kuhl, Superintendent of Public Works-Operations;Brian Sheehan,Village Health Officer;Police Chief Balinski;and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Glover,seconded by Braiman,to approve the minutes of the August 18,2008 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 3—Braiman,Glover,Berman NAYS: 0—None ABSTAIN: 2—Kahn,Trilling ABSENT: 1—Rubin Motion declared carried. WARRANT#1104 Mr.Brimm read Warrant#1104. Moved by Braiman,seconded by Berman,to approve Warrant#1104 in the amount of$3,324,200.55,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Brannan,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1—Rubin Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein thanked the Buffalo Grove Days Committee,the Village staff,the Park District,and the numerous volunteers and organizations that worked so hard to make the Buffalo Grove Days celebration for our 50th anniversary so special. President Hartstein read a Proclamation designating the week of September 22,2008 as Live United Week in the Village of Buffalo Grove. A food drive is being conducted throughout the Village during that week,and President Hartstein urged residents to donate non-perishable food to benefit our local food pantries. TRUSTEE REPORTS Trustee Glover reported on the events of Buffalo Grove Days. On behalf entire Vil lage y be a of the e t re Board,Trustee Glover thanked the committee for their hard work and dedication on putting on a great party for the residents of 12042 09/08/2008 Buffalo Grove. Trustee Glover also thanked each of the organizations and sponsors who contributed so much to the success of the festival. This event could not take place without the dedication and support of the Public Works Department,the Fire Department,the Police Department,the Finance Department,and many other Village staff members that work to make this weekend such a success. Moved by Braiman,seconded by Kahn,to appoint Trustee Glover the staff liaison for the 2009 Buffalo Grove Days Committee. Upon voice vote,the motion was unanimously declared carried. Trustee Berman reminded residents that there is still time to voice their opinions in support of the Canadian National Railroad proposal to nearly eliminate railroad freight traffic from Buffalo Grove with its purchase of �•/ the EJ&E Railroad,rerouting 18 of 20 daily freight trains away from Buffalo Grove. The Surface Transportation Board is continuing to accept comments related to the proposed transaction through September 30,2009. President Hartstein thanked Trustee Berman for his tireless efforts in educating residents regarding this proposal, and echoed his comments that it is very important that we,as a community speak out,with regard to this proposal. The Village Clerk reminded residents that October 7,2008 is the last day for Voter Registration for those who wish to vote in the November 4,2008 election. BULK ROCK SALT PURCHASE Mr.Brimm reviewed the situation with regard to the purchase of bulk rock salt for the 2008-2009 winter driving season,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared,as well as his memo to the Board of September 5,2008. Moved by Berman,seconded by Kahn,to supercede April action and authorize bid waiver and commit to the salt purchase from Central Salt located in Lemont,Illinois at a cost of$129/ton delivered,based upon a committed quantity of 4,000 tons. In answer to a question from Trustee Braiman,Mr.Brimm confirmed that staff has determined that 4,000 tons of salt will be more than sufficient. Mr.Brimm also confirmed that there are sufficient reserves to provide for this purchase. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried ROTARY CLUB Dan Wolf,President of the Rotary Club,reviewed the criteria for the Bill Reid Community Service Award. Mr.Wolf then reviewed the list of accomplishments and contributions of Richard Stone,the recipient of the 2008 Bill Reid Community Service Award. Mr. Stone accepted the award as he was congratulated by the audience and the Board. President Hartstein congratulated Mr. Stone and thanked him for his tremendous service to our community. TRAFFIC SAFETY AWARD Chief Balinski announced that the Buffalo Grove Police Department has received another outstanding accomplishment in the performance field of traffic safety and education. The importance of these awards cannot be over-stated. This special recognition provided through the Illinois Traffic Safety Challenge defines one 12043 09/08/2008 important value of this community,and that is that traffic safety and public education are a very important public service that the Buffalo Grove Police Department takes very seriously in promoting safer roads. Chief Balinski thanked the Board for supporting the policies and training of the Department. Sergeant Kristiansen identified and explained the three awards through the Illinois Traffic Safety Challenge. The Department received 1st place in the Championship Category,as well as two additional special awards for Speed Awareness and Bicycle/Pedestrian safety. Commander Newton presented the awards to President Hartstein. President Hartstein then congratulated the Department and thanked all of the personnel for the job that they do each and every day of the year. PUBLIC HEARING—SATURN OF ARLINGTON At 8:04 P.M.,President Hartstein opened the Public Hearing for Saturn of Arlington in Buffalo Grove,915 W. Dundee Road. Notice of Public Hearing was published in the Daily Herald on August 21,2008. Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch,and noted that staff recommends proceeding ahead with the ordinances this evening. President Hartstein swore in Mr.Battista in to give testimony. Mr.Battista then made a presentation to the Board,explaining why the dealership is asking for relief with regard to the Sign Ordinance,further details of which are contained in the drawings present in Board packets. In answer to a question from Trustee Glover,Mr.Battista stated that the building being proposed is going to be the look of all the Saturn dealerships throughout the country. In answer to a question from Trustee Berman,Mr.Boysen confirmed that the engineering staff has reviewed the new proposed locations to confirm that there are no longer conflicts with the utilities. ZBA Commissioner Stein stated that Trustee Berman accurately and adequately represented all of the concerns of the Commission. President Hartstein asked if there were any comments or questions from members of the Board,other public bodies or members of the audience;there were none. Mr. Brimm stated that,if there is favorable direction from the Board tonight,there will be an ordinance prepared for the on September 22,2008. Staff will go back to the ZBA and close the Public Hearing,so the matter concludes at the ZBA and continues at the Board level on September 22,2008. President Hartstein polled the Board: YES indicates favor of bringing the matter back to the Village Board on September 22,2008;NO indicates opposition: YES: Braiman,Glover,Berman,Kahn,Trilling NO: None ABSENT: Rubin At 8:24 P.M.,President Hartstein continued this Public Hearing until the September 22, 2008 Village Board meeting. 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. 12044 09/08/2008 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.E.be deferred until the September 22,2008 Village Board meeting. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Berman,seconded by Braiman,to approve the Consent Agenda minus Item XI.,E. ORDINANCE#2008-64—MUNICIPAL CODE Motion to pass Ordinance#2008-64,concerning voting requirements for Special Uses. ORDINANCE#2008-65—TRAFFIC SIGNAL Motion to pass Ordinance#2008-65,providing for the recoupment of advances for construction of a traffic signal at Aptakisic Road and Leider Lane. ORDINANCE#2008-66—BANK OF AMERICA Motion to pass Ordinance#2008-66,granting certain variations to the Buffalo Grove Sign Code for Bank of America, 1355 W.Dundee Road. ORDINANCE#2008-67-VA LIQUOR,INC. Motion to pass Ordinance#2008-67,amending Chapter 5.20,Liquor Controls,Class C. 1025 BUSCH PARKWAY Motion to approve Development Improvement Agreement for 1025 Busch Parkway. AFFINITY HEALTHCARE,LLC Motion to approve Development Improvement Agreement,Final Plan and Access Easement—Affinity Healthcare,LLC. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. RESOLUTION#2008-27-WEILAND/PRAIRIE ROADS Moved by Braiman,seconded by Kahn,to pass Resolution#2008-27,approving an Agreement for Supplemental Preliminary Engineering Services for the Weiland/Prairie Road(Lake Cook Road to Illinois Route 22)Phase I Study to add areas of Lake Cook Road between Hastings Lane and Raupp Boulevard,in accordance with the memorandum contained in Board packets. Mr.Brimm summarized the content of the proposed resolution,details of which are contained in his memo to the Board of August 15,2008,as well as the Village Board Meeting Agenda Item Overview prepared by Mr. Boysen. Trustees Braiman and Kahn amended the motion to include a waiver of bids. 12045 09/08/2008 Although the County could take this study upon themselves,John Beissel of the Cook County Highway Department stated that this is a good partnership in which to be involved,and explained that this is an extension of what is already proposed and it is a win/win for both parties. In answer to a question from Trustee Glover,Mr.Brimm stated that Cook County is responsible for Aptakisic Road between Buffalo Grove Road and Route 83. Trustee Glover asked that the County look at that road because it is in very bad condition. Trustee Berman thanked Mr.Beissel for attending our meeting tonight. Trustee Berman noted that he was at the meeting with the Cook County Highway Department,and he noted that this project was proposed as an add-on to an existing agreement that the Village already had in place with Lake County to study the area,and he believes • " this is an excellent opportunity to bring all of the various jurisdictions together,and to provide a good look at opportunities and options for relieving some of the congestion in that corridor. However,for the benefit of the public,Trustee Berman emphasized that this agreement is to study the problem and look at potential options for solutions within the corridor. Mr.Beissel confirmed that this is a Phase I study and would ultimately give a recommendation for a future improvement,and also that there will be ample opportunity for public input. Trustee Berman confirmed that with Mr.Beissel that,by participating in this study,the Village is not giving approval to any concept or proposed modification or improvement—it is just an agreement to allow the County to proceed with the study. Mr.Beisel also confirmed that there will be no cost to the Village of Buffalo Grove. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1—Rubin Motion declared carried. RESOLUTION#2008-28-INTERGOVERNMENTAL AGREEMENT Moved by Braiman,seconded by Berman,to pass Resolution#2008-28,approving an Intergovernmental Agreement with Cook County related to Lake Cook Road,details of which are contained in the Village Board Meeting Agenda Item prepared by Mr.Boysen. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. RESOLUTION#2008-29-WHITE PINE TRAIL Mr.Brimm summarized the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Mr.Brimm noted that the total cost of the project is not to exceed$46,300.00,with grant funding in place totaling$29,685.00,leaving a net impact to the Village of $16,615.00. In answer to a question from President Hartstein,Mr.Brimm confirmed that this relates to the area where there is consensus from the property owners. Moved by Braiman, seconded by Kahn,to pass Resolution#2008-29,approving a Construction Engineering Services Agreement for the White Pine Trail(Bernard Drive south to Lions Park)Improvement Project, in an amount not to exceed$46,300.00. Upon roll call,Trustees voted as follows: 12046 09/08/2008 AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. RESOLUTION#2008-30-COMMUTER RAIL STATION Moved by Berman,seconded by Glover,to pass Resolution#2008-30,authorizing the execution of a Lease Agreement for Food Service a the Buffalo Grove(Commerce Court)Commuter Rail Station,in accordance with l , the memorandum and draft included in the Board packets. Mr.Brimm summarized the proposed resolution,details of which are contained in Mr.Anderson's memo to him of August 28,2008,as well as the Village Board Meeting Agenda Item Overview prepared by Mr.Anderson, and noted that staff recommends favorable consideration of the lease. Trustee Berman noted that he briefly met with the new owners,and he is comfortable that this situation is good for the Village. In answer to a question from Trustee Trilling,Mr.Brimm stated that staff believes that the Village is adequately protected with the term of the lease. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. FENCE CODE President Hartstein noted that Items A.through F.under New Business will be handled on a consolidated basis under one presentation,with comments or questions being handled by any one of the petitioners present. Michelle McMullen Tack, 11 River Oaks Circle East,presented the basis for the appeal from the property owners with regard to the ZBA denial for variance of the Fence Code,Section 15.20.040. Mrs.Tack thanked Mr.Brimm and Mr. Schar for their time working with the neighborhood. The properties in question have backyards that are entirely under a bridge;they have full view of passing vehicles from the tires up;the bridge was significantly elevated and converted from a 2-lane to a 5-lane bridge last summer;because of the sounds from the traffic,they can no longer have their windows open;headlights from passing vehicles now shine directly into their home. Because of the elevations,a 6' fence would do nothing to alleviate the problems. Privacy and safety are of prime concern to the neighborhood. The amended fence variance request for 8'would not create a safety hazard,as it is entirely behind the guard rail of the bridge; it does not extend to the corners of the sidewalk;it would not detract aesthetically because the bulk of it is under the bridge;the side that faces the neighborhood is already fully landscaped. The 8' fence would block the views of the traffic;it would assist in reducing headlight/glare issues;it will help to reduce the noise levels;it will help ` f to maintain privacy and security;and it will aid in the maintenance of their property values. �•/ The property owners are requesting an amended variance to allow for an 8' fence. Trustee Kahn stated that 8' fences have been allowed along major roads,and he would not be opposed to this request. Trustee Berman confirmed that the roadway in question is a Lake County road and project,and not under the auspices of the Village of Buffalo Grove. In walking the neighborhood,at the north property line between 7 and 9,the ground slopes significantly downward,while at the same time,the road slopes significantly upward to 12047 09/08/2008 accommodate the new height of the bridge,and believes that does impact the way this road impacts the neighborhood. It appears that the Village of Vernon Hills has allowed 8' fences along Route 45. Steven Berkowitz,5 River Oaks Circle East,stated that they built a two-level patio,so the line of the view from the upper patio to the street is significant,and they believe that an 8' fence would completely block the view to the street from the upper patio. Jeff Chieng, 3260 Indian Creek,stated that he believes the fence would create more safety and less sound from the traffic,and he wishes to extend the 6' fence to the front of his garage.With regard to the ZBA suggestion that the fence be tapered down to a 5'fence,Mr.Chang would not prefer that alternative because of aesthetics. Yaya Liu,4 River Oaks Circle West,showed pictures of the area where they wish to extend the fence by 12'; they cannot use the east bedroom because of noise level;they have added much landscaping,but they believe the fence would help even more. Trustee Trilling clarified that houses at 5,7,9 and 11 River Oaks Circle East want an 8' fence with no further variances;4 River Oaks Circle West is asking for an 8' fence in lieu of the 6' fence where it presently is located and also that the fence be extended an additional 12'to the south;and that the house at 3260 Indian Creek is asking to return the existing 6' fence back to the front of the garage across the front yard. Trustee Braiman agrees with what has been previously stated;he has a concern with a 10'-12' fence,and he believes an 8' fence is more appropriate,and he is in favor of granting the 8'height.With regard to the request at 4 River Oaks Circle West,he does not believe that the extension of that fence will be of any help with the sound on the 2nd floor. ZBA Commissioner Lesser reviewed the testimony presented at the Zoning Board of Appeals meeting,stating that 10' and 12' fence heights were requested,and those heights have never been granted. Commissioner Lesser stated that they did not fmd factual evidence that a fence would mitigate many of the problems and complaints enumerated by the affected residents. The ZBA did also did not want to approve very high fences on both sides of Buffalo Grove Road. The Commission was also concerned that granting such variances would be detrimental to public safety and welfare,and that such variances would alter the essential character of the neighborhood. Commissioner Stein presented the opposing view of the Commission and noted that he voted in favor of the proposals because he believed that there was unique hardship demonstrated. Trustee Glover noted that she was at the ZBA meeting and commended the ZBA for the hard work that they put into listening to everyone,and she believes that they made a decision based upon what they felt is the fmding of fact. The Village has allowed 8' fences in certain places,but those were in places where the setback was only 25-30' from houses along a heavily travelled highway. Trustee Glover sees no reason to extend the fence at 4 River Oaks 12' further. With regard to 5 River Oaks, if the 8' fences are allowed,she believes this should be allowed because they should all be uniform,and she does not have a problem with the fence going across to the side of the house at 3260 Indian Creek. Trustee Berman summarized a lengthy e-mail received from Robert Heape,35 River Oaks Circle East,opposing the fences,noting that they would interfere with the existing deer corridor in the area,and the aesthetics. Moved by Trilling,seconded by Braiman,to allow an 8' fence to be constructed at the properties at 5,7,9, 11 River Oaks Circle East. Upon roll call,Trustees voted as follows: AYES: 4—Brannan,Berman,Kahn,Trilling NAYS: 1 —Glover ABSENT: 1 —Absent Motion declared carried. Moved by Trilling,seconded by Braiman,to allow an 8' fence along the Buffalo Grove Road side at 4 River Oaks Circle West.Upon roll call,Trustees voted as follows: 12048 09/08/2008 AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 1 —Glover ABSENT: 1—Absent Motion declared carried. Moved by Trilling,seconded by Braiman,to allow the 12' extension as per the petitioner's request at 4 River Oaks Circle West. Upon roll call,Trustees voted as follows: AYES: 0—None NAYS: 5—Braiman,Glover,Berman,Kahn,Trilling ABSENT: 1—Absent Motion defeated. Moved by Trilling,seconded by Braiman,to allow change from a 6' fence returning back from the fence to the garage in the front yard at 3260 Indian Creek Drive. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. WHITE PINE DRAINAGE CHANNEL Moved by Braiman,seconded by Berman,to award bid for the White Pine Drainage Channel Improvement to Earthworks Landscaping in an amount not to exceed$457,427.50. Mr.Brimm summarized this item,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. After further grants,the net budget impact to the Village will be $149,256.00. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1—Rubin Motion declared carried. DEFIBRILLATORS Moved by Berman,seconded by Glover,to authorize purchase and waiver of bid for 12 Lead Monitor/Defibrillators,in accordance with the Village Board Meeting Agenda Item Overview prepared by Chief Vavra,in an amount not to exceed$71,945.75. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. 12049 09/08/2008 EXECUTIVE SESSION Moved by Kahn,seconded by Braiman,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: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin Motion declared carried. v The Board moved to Executive Session from 9:47 P.M.until 10:30 P.M. ADJOURNMENT Moved by Kahn,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 10:30 P.M. Zr „ l. M.Sirabian,Village Clerk APPROVED BY ME THIS 22nd DAY OF September ,2008 Village President