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2004-08-02 - Village Board Regular Meeting - Minutes { 11540 8/02/2004 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,AUGUST 2,2004 CALL TO ORDER President Hartstein called the meeting to order at 7:34 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,and Kahn. Trustees Johnson and Trilling were 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;Philip Versten,Communications Director;Robert Pfeil, Village Planner;Greg Summers,Assistant Village Planner;Richard Kuenkler,Village Engineer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Approval of the minutes of the July 26,2004 Special Meeting was deferred until August 16,2004. WARRANT#1010 Mr.Tenerelli read Warrant#1010. Moved by Kahn,seconded by Glover,to approve Warrant#1010 in the amount of$939,807.83 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. DEERFIELD PARKWAY Trustee Berman noted the closing of Deerfield Parkway at the railroad crossing from August 3,2004 through August 17,2004. VOTER REGISTRATION The Village Clerk noted that it is not too early to be sure residents are registered to vote in the election to be held on November 2,2004. MEETING SCHEDULE Mr.Balling noted that the meeting schedule for the months of August and September will be changed.The first meeting for September will actually be held on August 30,2004,due to the Labor Day holiday being on the first Monday. Therefore,there will be meetings on August 16 and August 30,2004,and on September 20,2004. NATIONAL NIGHT OUT President Hartstein noted that National Night Out will be held tomorrow evening at Willow Stream Park;there will be a multitude of activities taking place and he urged residents to attend. 11541 08/02/04 PUBLIC HEARING—INSIGNIA HOMES President Hartstein called the Public Hearing for Insignia Homes,consideration of an Annexation Agreement concerning residential development for the property on the east side of Prairie Road across from Chestnut Terrace, to order at 7:43 P.M.This Public Hearing is continued from July 26,2004. John Green,Groundwork,Ltd.,made a brief presentation reviewing the changes that have been made to the plan since previously appearing before the Board. Trustee Berman thanked Mr.Green for changing the road system;he believes that the modified plan addresses in large measure the concerns that had been raised by the neighbors and makes it a much better plan. Mr.Green confirmed that it is possible that Insignia will not be the developer for this project;they have partnered with Concord Homes;the product is now Concord's product;it is a partnership. Trustee Berman stated that he would like to see in the Annexation Agreement that Concord is a party in this venture. Mr. Green confirmed to Trustee Braiman that the current cell tower will be gone by May 7,2009 and the property upon which it is located will be restored. Trustee Braiman also appreciates the efforts of the entire development team in modifying this project both in product and density;he believes the location of Unit 8 is difficult and he suggested eliminating that unit;he confirmed that the Plan Commission did hold a Public Hearing on this plan,and the Plan Commission recommendation was unanimous. Trustee Kahn echoed thanks to the development team for making the changes requested by the Board;he asked that the construction team be sensitive to the neighbor to the north with regard to not damaging that property during build out. Mr.Balling reviewed the language changes in the proposed agreement. Trustee Glover also complimented the development team on working with the Village and creating a plan that works and will be an asset to the Village. Trustee Braiman reminded staff to look at the barrier at the north point of Chestnut Terrace;he also asked staff to look at the possibility of a STOP sign at the corner of Avalon Drive and Avalon Court. President Hartstein asked if there were any further questions from Trustees,other public bodies,or members of the audience;there were none. Mr.Raysa noted that the Annexation Agreement being considered by the Board tonight is that draft dated 7/29/04 in the upper left-hand corner and contains modifications suggested by staff in the memo dated August 2,2004. Joe Hautzinger,22723 Prairie Road, stated that the final grade of this property is nearly 4'higher than the grade of his property,and he is concerned about a car not knowing the area and going through the barrier;he also questioned a drainage easement across his property. Mr.Balling responded to the concerns raised by Mr.Hautzinger. At 8:10 P.M.,President Hartstein continued the Public Hearing until the ordinances are considered later on in the meeting. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience;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. The Village Clerk then read a brief synopsis of each of the items on the Consent Agenda.It was requested that Item XI.,A.be removed from the Consent Agenda for full discussion. 11542 08/02/04 Moved by Braiman,seconded by Braiman to approve the Consent Agenda. RESOLUTION 2004-19—Lake Cook Rd.section Bike Path Motion to approve Resolution 2004-19,approving an agreement for surveying and design services related to ROW acquisition for a section of bike path related to the Lake Cook Road overpass improvement at the Wisconsin Central Railroad. Upon roll call,Trustees voted on the Consent Agenda. AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. ORDINANCE#2004-73— INSIGNIA HOMES ANNEXATION AGREEMENT Moved by Braiman,seconded by Glover,to pass Ordinance#2004-73,approving an Annexation Agreement for Insignia Homes concerning the property on the east side of Prairie Road across from Chestnut Terrace,in accordance with the draft of the Annexation Agreement dated 7/29/04,as well as all other documentation and exhibits presented to the Board,and subject to proposed language changes provided on the dais tonight,and subject to inclusion of Concord Homes as a signator and developer in the Annexation Agreement. President Hartstein closed the Public Hearing at 8:15 P.M. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,President Hartstein NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. ORDINANCE#2004-74—INSIGNIA HOMES ANNEXATION Moved by Braiman,seconded by Glover,to pass Ordinance#2004-74,annexing the Insignia Homes property on the east side of Prairie Road across from Chestnut Terrace,in accordance with the documentation submitted in Board packets. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. ORDINANCE#2004-75—INSIGNIA HOMES ZONING Moved by Braiman,seconded by Berman,to pass Ordinance#2004-75,zoning the Insignia Homes property on the east side of Prairie Road across from Chestnut Terrace,in accordance with the draft ordinance dated 7/29/04. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. President Hartstein welcomed Insignia Homes to the Village,and again thanked the development team for working with the Village on this project. 11543 08/02/04 ORDINANCE#2004-76—ST.MARY PARKING LOT Moved by Kahn, seconded by Berman,to pass Ordinance#2004-76,approving a Preliminary Plan in the R-1 District concerning the expansion of the southwest parking area on the St.Mary Parish campus, 10 Buffalo Grove Road,in accordance with the draft ordinance dated 7/28/04. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. S.W.A.N.C.C. Moved by Kahn,seconded by Berman,to defer action on the proposed resolution approving the S.W.A.N.C.C. agreement until some issues can be resolved. Upon voice vote,the motion was unanimously declared carried. ORDINANCE#2004-77—LIQUOR CONTROLS Trustee Glover noted the concerns that she has with the proposed ordinance,primarily the fact that all liquor,not just beer and wine,may be sold at all check-out lanes. Mrs.Neukirch reviewed the safeguards that are in place to ensure that neither beer,wine,nor any other liquor would be sold to anyone under the age of 21. Michael Mallon,Vice President of Real Estate for Dominick's,reviewed the steps that will be taken to be sure that this ordinance is followed. As Liquor Commissioner,President Hartstein assured the Board that he would also ensure that this ordinance is followed. Moved by Berman,seconded by Kahn,to pass Ordinance#2004-77,amending Chapter 5.20,Liquor Controls,of the Village of Buffalo Grove Municipal Code. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Glover,Berman,Kahn NAYS: 0—None ABSENT: 2—Johnson,Trilling Motion declared carried. SJS REALTY SERVICES Marc Siegal,representing SJS Realty Services,made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Because of the surrounding residential character,Trustee Glover stated that she would rather see this be a one-story facility;she does think this is a much improved plan over the previous retail proposal. Trustee Braiman stated that he would rather see a two-story building because it would reduce the footprint;he is not willing to refer B-3 zoning,but would only refer O/R zoning. Mr. Siegal explained their request for B-3 zoning and stated that he is sure that they can work with staff to come up with something satisfactory to both the Village and the developer. Trustee Berman strongly agrees with Trustee Braiman with regard to zoning;he also asked about whether or not market studies have been done,to which Mr. Siegal responded. Trustee Berman stated that he does not have a preference either way for a one-story or two-story building;he would like to see whatever blends best with the residential;he will not refer it until the B-3 zoning issue is resolved. Trustee Kahn believes this is only marginally better than retail;he is concerned with the impact on traffic. President Hartstein also noted concern with the B-3 zoning;he referred Mr. Siegal back to staff to work on the proposal. 11544 08/02/04 ADJOURNMENT Moved by Kahn,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 8:47 P.M. TY J net M. Sirabian,Village Clerk i,, -) APPROVED BY ME THIS /6 DAY OF Ctai 2004 .1&"7'11/ 4 ---- illage President 1