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2006-02-06 - Village Board Regular Meeting - Minutes 11715 02/06/2006 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,FEBRUARY 6,2006 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Scout Pack 100 posted the Colors and led the audience in the Pledge of Allegiance. `./ ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Berman,Kahn,Trilling and Rubin. Trustee Glover was absent. Also present were: William Balling,Village Manager;William Raysa,Village Attorney; William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;Brian Sheehan,Village Health Officer;Fire Chief Sashko;Police Chief Balinski;and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Trilling, seconded by Berman,to approve the minutes of the January 16,2006 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. Moved by Trilling, seconded by Rubin,to approve the minutes of the January 23,2006 Committee of the Whole Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. WARRANT#1043 Mr. Tenerelli read Warrant#1043. Moved by Braiman, seconded by Berman,to approve Warrant#1043 in the amount of$2,912,314.69, authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. COMMISSION APPOINTMENTS President Hartstein appointed Judy Samuels to the Commission for Residents with Disabilities. Moved by Berman, seconded by Braiman,to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. President Hartstein appointed the following residents to the 50th Anniversary Committee: George Krug,Rich Heinrich,Barbara Heinrich,Maureen Welborn,Barbara Herman,Jill Kaplan,Judith Siria,Judy Yublonsky,Mike Terson,and Carl Genrich. Moved by Kahn,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. 11716 02/06/2006 2006 GOALS President Hartstein reviewed the 2006 Goals of the Board,as written February 6,2006. TRUSTEE REPORTS Trustee Berman commented on the new Metra North Central Line schedule. On January 26,2006,there was a meeting in Wheeling to rededicate the line and announce the double tracking and the new schedule. Metra stated that they have heard the comments of commuters,and have committed to working with commuters to be sure the new line lives up to the expectations of the communities and commuters. In answer to a question from Trustee Berman,Mr.Brimm reviewed the status of the Quiet Zone efforts. Trustee Kahn noted that it might be beneficial for staff to initiate conversations with the Park District as well as the school districts that fall within Village confines to determine if there is an opportunity to pool purchasing power to result in lower costs for various supplies for all parties. Trustee Rubin stated that the Village recently increased fines for unauthorized use of Handicapped Parking spaces, but he is disappointed that not enough signs have been changed to reflect the new fines,and he requests that businesses and shopping centers take action to see that these signs are changed. The Village Clerk reminded residents of the March 21,2006 Primary Election,noting that the last day to register at Village Hall is February 21,2006. Further information on this election may be found on the Village website. The Village Clerk stated that the first meeting of the 50`h Anniversary Committee will be held on February 23, 2006 at Village Hall,and encouraged anyone interested to attend and observe to see if they would be interested in helping. VILLAGE MANAGER'S REPORT Mr.Balling stated that the status report with regard to the Rescue Pumper bids will be handled under Old Business 2005 ANNUAL TRAFFIC MANAGEMENT REPORT Mrs.Neukirch presented the background and the status report of the 2005 Annual Traffic Management Report, details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared, as well as Sergeant Kristiansen's memo to Chief Balinsk of January 10,2005. PUBLIC HEARING—185 NORTH MILWAUKEE AVENUE At 8:02 P.M.,President Hartstein called to order the Public Hearing for the request for rezoning the property at 185 North Milwaukee Avenue to the B-3 District,continued from January 16,2006. Mrs.Neukirch reviewed the modifications that were made to the proposed ordinance. President Hartstein asked if there were any comments or questions from any other public bodies,members of the Board or the audience;there were none. At 8:04 P.M.,President Hartstein adjourned the Public Hearing until the issue is considered later on in this meeting. PUBLIC HEARING—VILLAS AT HIDDEN LAKE At 8:04 P.M.,President Hartstein called to order the Public Hearing for consideration of an amended Annexation Agreement, Canyon Development Group,proposed Villas at Hidden Lake,southeast corner of Deerfield Parkway and Buffalo Grove Road,rezoning to the R-4 District and approval of a Planned Unit Development(P.U.D.). 11717 02/06/2006 Lawrence Freedman, attorney for the petitioner,was sworn to give testimony by President Hartstein. Mr.Freedman then made a presentation to the Board with regard to the developer's proposal,details of which may be found in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Freedman referred to the Preliminary Landscape Plan during his presentation. President Hartstein swore in John Green,Groundwork,Inc.,to give testimony. Mr. Green then stated that there was a tree survey done on a portion of the parcel last year, and a tree survey of the entire site was done in 1999-2000. Those trees are still there today,and the survey done last year was of those trees that would be saved. Trustee Braiman stated that this is a heavily wooded area,and he would like more concrete documentation and `./ commitment with regard to those trees that are going to be saved. Mr. Green stated that the Plan Commission required that there be a provision in the second amendment to the Annexation Agreement that requires an additional tree survey of the areas that are indicated on the plan,that there be full coordination with the Village Forester,and that the Final Plat be subject to review by the ART and returned to the Plan Commission for their acceptance and approval. They also testified that they will save all trees possible, not just those that are 6"and larger. Mr. Raysa referred to language as a condition of the Final Plant that ensures that the Village Forester and Village staff approve. Mr.Freedman stated that there will be a Final Tree Preservation Plan at the time of Final Plat. Mr.Balling commented,stating that there is an absence of quality trees on this site. Mr.Freedman stated that he has been assured that this petitioner does intend to develop this site. Mr.Freedman stated that staff and the Plan Commission have both made clear that they want to keep the site as green as possible. Mr. Raysa stated that the purpose of this Public Hearing is to review the amended Annexation Agreement. Being presented at this Public Hearing is that certain second amendment to the Annexation Agreement entitled Villas at Hidden Lake,Canyon Customer Home Builders,Inc.with a draft date in the upper left-hand corner of 2/2/2006 President Hartstein asked if there were any comments or questions from any other public bodies,members of the Board or the audience;there were none. At 8:18 P.M.,President Hartstein adjourned the Public Hearing until this item is considered later on in the meeting. QUESTIONS FROM THE AUDIENCE President Hartstein stated the he is aware that there are members of the audience are in attendance because of the discussion with regard to the proposal from the Board of Health with regard to some sort of smoking ban in the community;he pointed out that there is not a specific ordinance before the Board to be voted on tonight. Because of this,he stated that he would accept limited comments on this issue at this time. President Hartstein also stated that, before any type of ordinance was passed,there would be ample opportunity for public input. Pete Panayiotou,owner of the Continental restaurant, stated that their business has increased by at least 10%since he went smoke-free and he would encourage other restaurants to do likewise. Steve Kinsler,representing IHOP,noted that his business is a 24-hour operation,and has a lot of smokers and he would hate to see the business go somewhere else because of the proposed. Leora Eidenberg,representing Omni,stated that it has been a pleasure going to Continental and Buffalo restaurants since they have become smoke-free,and she understands that their business has increased. 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. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Mr.Balling requested that Item XI.,C.,be removed from the Consent Agenda. 11718 02/06/2006 Moved by Trilling,seconded by Kahn,to approve the consent Agenda. ORDINANCE No. 2006-5—Sign Code variation Motion to approve Ordinance No.2006-5, granting variations from certain sections of the Buffalo Grove Sign Ordinance for Starbuck's Coffee Company, 1665 N.Buffalo Grove Road. ORDINANCE No.2006-6—Sign Code variation Motion to approve Ordinance No.2006-6. granting variations from certain sections of the Buffalo Grove Sign Ordinance for ExxonMobil, 1251 N.Arlington Heights Road. ST.MARY CHURCH PARKING LOT ADDITION Motion to approve the Certificatae of Initial Acceptance&Approval for St.Mary Church Parking Lot Addition. MORRIS PARK SUBDIVISION PLAT Motion to approve the Morris Park Subdivision Plat. RESERVOIR#7 SCADA IMPROVEMENTS Motion to approve the authorization to waive bids and issue Requests for Proposals for the Reservoir#7 Scada improvements. Upon roll call,Trustees voted as follows: AYES: , 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. ORDINANCE#2006-7—185 MILWAUKEE AVENUE After asking for further questions or comments,President Hartstein closed the Public Hearing at 8:28 P.M. Moved by Trilling, seconded by Kahn,to pass Ordinance#2006-7,rezoning the property at 185 Milwaukee Avenue to the B-3 Planned Business Center District. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. ORDINANCE#2006-8—VILLAS AT HIDDEN LAKE After asking for further questions or comments,President Hartstein closed the Public Hearing at 8:29 P.M. Moved by Berman,seconded by Trilling,approving an amended Annexation Agreement,Canyon Development Group,proposed Villas at Hidden Lake,northeast corner of Deerfield Parkway and Buffalo Grove Road,rezoning to the R-4 District and approval of a Planned Unit Development(P.U.D.),in accordance with the agenda packet item. Mr.Raysa stated that the actual name being approved for the developer is the Canyon Custom Home Builders,Inc. Trustees Berman and Trilling amended the motion to show the change made by Mr.Raysa. 11719 02/06/2006 Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. RESCUE PUMPER Mr.Balling briefly reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Staff is requesting authorization to reject all bids and to authorize staff to negotiate a contract and to finalize this before the March 1,2006 deadline. Chief Sashko answered questions from the Board. Moved by Berman, seconded by Kahn,to reject all bids received,to waive bids for the pumper,and to authorize staff to enter into contract negotiations to come back to the Village Board for approval. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. POLICE VEHICLE PURCHASE Moved by Braiman, seconded by Berman,to authorize purchase and bid waiver for the purchase of six model year 2006 Ford Crown Victoria Police Interceptors through the Illinois Department of Central Management Services Joint Purchasing Program(CMS Contract PSD 4013240),in accordance with the memo from Mr.Brimm to Mr. Balling of January 20,2006. In answer to a question from Trustee Kahn,Mr.Brimm confirmed that the vehicles being replaced will go to auction,and will bring approximately$3,500.00 each. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. HARVARD LANE STORM SEWER Moved by Trilling, seconded by Berman,to award bid for the Harvard Lane storm sewer project to Mauro Sewer Construction as outlined in the memo from Carol Leiber dated January 25,2006. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. DAILY HERALD REPORTER President Hartstein recognized Daily Herald reporter Steve Zalusky as he leaves Buffalo Grove to take on another assignment. On behalf of the residents and the Board,President Hartstein thanked Mr.Zalusky for his service to Buffalo Grove and wished him well in his new assignment. 11720 02/06/2006 SMOKING IN PUBLIC PLACES Mr. Sheehan reviewed the Board of Health recommendation concerning smoking in public places,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. The Board of Health is now looking for direction from the Village Board. Trustee Rubin read a statement with regard to his favor of a smoking ban in the Village. Moved by Rubin,seconded by Kahn,to have the next available workshop date a discussion of the proposed bans, that staff put together a graph of the local bans,where they are consistent,where they are different, and that could be `./ the basis of the initial discussion,and then come back to a full Board for a vote. Trustee Berman stated that he believes it would be appropriate to actually have some discussion on the presentation materials from the Board of Health before rushing into a judgment. Trustee Braiman appreciates the work done on the informational presentation by the Board of Health,but noted that, although this is a health issue,the economic impact that it has on individuals or businesses cannot be ignored,and that has to be taken into consideration. Trustee Braiman stated that he was disappointed that there was not a solid proposal brought to the Board. Trustee Braiman stated that he thinks the creation of a Blue Ribbon Commission consisting of members of the Board,members of the Board of Health,staff members,members of the Chamber of Commerce,and counsel to go through all the models and try to draft something that may be discussed at the Board level. Trustee Berman added that the discussion tonight was to be a means to an end,not an end in and of itself;he would like to hear from our residents and our businesses and other interested parties before engaging in regulation. Trustee Berman would like to see a process structured in such a way that makes sure that all the interests that are affected will be heard. Trustee Berman stated that he continues to believe that the best way to handle this issue would be on a statewide basis,or at the very least a regional basis. Trustee Rubin reiterated that research shows that areas that have enacted a smoking ban have not experienced a significant change in business revenue. He believes that this is an important enough issue that it should be handled at a Committee of the Whole meeting,which is an open meeting and would allow for public input. Trustee Braiman stated that he wants to make sure that this is done right,and he does not believe a Blue Ribbon Commission needs to take several months;he wants to be sure that all options are taken into consideration,bringing a proposal to the Board for discussion. Upon roll call,Trustees voted as follows on the motion made by Trustee Rubin: AYES: 2—Kahn,Rubin NAYS: 3—Braiman,Berman,Trilling ABSENT: 1 —Glover Motion defeated. Moved by Braiman,seconded by Berman,to sent up an ad hoc committee of members of the Board,members of the Board of Health, staff,counsel and any appropriate outside entities or stakeholders to create and come up with a model ordinance for Board consideration. Trustee Rubin stated that what Trustee Braim is proposing is setting up a Health Commission. Trustee Berman stated that what he would like to is to specifically charge this committee with something separate from the Health Commission,which is to specifically gather information,to reach out and take input from the public,from the business community, etc.to actively solicit that input,compile that information for the Board and bring it back to the Board in a useful form as part of its mission. Trustee Kahn asked if Trustee Braiman is suggesting that this body bring an ordinance for discussion,or suggesting that they bring forth additional conversation potentially toward drafting an ordinance. 11721 02/06/2006 Trustee Braiman stated that it was the intent of the motion to gather the facts,create an ordinance that can be considered,and some other options,etc., and holding those conferences,whatever needs to be done to bring forward to the Board something that may be discussed. Trustee Berman clarified that his suggestion was the same concept—to gather information, interface with the public, interface with the business community,draft up the ordinance,and bring it to the Board for discussion,with the background information available to the Board. Trustee Trilling asked who will be participating on behalf of the Board. �./ Trustee Braiman stated that will be left up to the Chair. President Hartstein stated that he will appoint an appropriate commission with input from the Board from different perspectives,and also from elements of the community to make sure that there is a balanced view on that committee to draft and get back to the Board. He asked that there be a date certain. Trustee Braiman stated that he does not believe a time limit is beneficial. President Hartstein stated that a committee will be appointed within a week. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 -Glover • Motion declared carried. Trustee Berman suggested pursuing the possibility concurrently of regional action with neighboring communities, and he moved to direct staff to reach out to neighboring communities and attempt to coordinate and bring about regional coordinated action on this point concurrently with the work of this committee; Trustee Braiman seconded the motion. President Hartstein stated that the possibility of regional action will be discussed at this week's Northwest Municipal Conference meeting. Trustee Braiman believes that it would be appropriate to share our fmdings,not just the ordinance,with other communities. President Hartstein will share tonight's comments with the Northwest Municipal Conference and our State representatives. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 -Glover Motion declared carried. EXECUTIVE MEETING Moved by Kahn,seconded by Trilling,to move to Executive Meeting to discuss Personnel. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 -Glover Motion declared carried. 11722 02/06/2006 The Board moved to Executive Meeting from 9:16-9:50 P.M. ADJOURNMENT Moved by Braiman, seconded by Rubin,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:50 P.M. J �Sirabian,Village Clerk APPROVED BY ME THIS Q:zw DAY OF MAe-C14 ,2006 Vila esident g