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2005-02-28 - Village Board Regular Meeting - Minutes 11602 02/28/2005 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,FEBRUARY 28,2005 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,Trilling, Rubin. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Leisa Niemotka,Communications Director;Richard Kuenkler,Village Engineer;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Kahn,seconded by Berman,to approve the minutes of the February 7,2005 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSTAIN: 1 -Glover Motion declared carried. W__ARRANT#1023 Mr.Tenerelli read Warrant#1023. Moved by Trilling, seconded by Glover,to approve Warrant#1023 in the amount of$2,625,232.49,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. BUFFALO GROVE HIGH SCHOOL—FOR THE FALLEN President Hartstein noted that some former Buffalo Grove High School students have created a new organization called For The Fallen,which is an independent,non-partisan organization. The intent of this organization is to raise money to provide financial relief for families of service members that have been killed or wounded in Iraq and Afghanistan. The group is sponsoring a five-mile walk in conjunction with St.Mary Church confirmation class,which will take place on April 19,2005. President Hartstein encouraged members of the community to lend their support to this `.J worthwhile endeavor. Further information may be found by contacting Alex Agran info@forthefallen.org. BLOOD DRIVE Trustee Kahn reminded residents that there will be a Blood Drive held on Saturday,March 12,2005 at the Alcott Center from 8:00 A.M.-1:00 P.M.,and urged all eligible residents to attend and participate in this life-saving activity. 11603 2/28/2005 TRAIN HORNS Trustee Berman commented on the recent Northwest Municipal Conference Transportation meeting,and noted that an update was presented regarding the Federal Train Horns rule. This rule was to be released by the FRA in final form several months ago,but this has not yet been done. The latest target date is April,and he asked staff to continue to monitor the situation with the rule. SULPHUR ODOR Trustee Berman asked if staff had any update on the sulphur odor that permeated much of the Chicagoland area yesterday Mr.Balling and Mr.Brimm stated that there has not been official confirmation of what had caused the odor,but they have been assured that there is no danger of any sort. Staff will inform the Board when more information is forthcoming. MUNICIPAL ELECTION The Village Clerk reported that the municipal election will be held on Tuesday,April 5,2005,and that there are three candidates for three Trustee positions to be elected. The last day to register to vote in this election is Tuesday,March 8,2005. LAKE COUNTY REFERENDUM Lake County Commissioner David Stolman made a presentation to the community regarding the April 5,2005 Road Improvement Referendum. Barry Burton,representing Lake County,also delivered comments. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of January,2005;there were no questions on the report. PERSONNEL Mr.Balling introduced Leisa Niemotka,who began working today as the Management Assistant,and will handle communications matters for the Village. PUBLIC HEARING—JACOBS HOMES President Hartstein called the Public Hearing,continued from February 7,2005,which was published in the Daily Herald on January 22,2005,to order at 8:04 P.M., and proceeded to swear in John Green to give testimony. John Green,representing Jacobs Home,summarized the proposal before the Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil;he referred to a Preliminary Site Plan during his presentation. Leonard Sophian, 125 Morningside Lane East,asked if the development will have ingress or egress directly on to `.i Deerfield Road;he pointed out that Deerfield Road is one of the most congested streets in the area,and it is virtually impossible to make a left turn onto Deerfield Road from any of the southern access roads. Mr.Raysa pointed out that the purpose of this Public Hearing is for public review of an Annexation Agreement draft dated 2/24/05. The Village has also recently received final Plat of Annexation dated 2/25/05. President Hartstein asked if there were any further comments from other public bodies,the audience or the Board; there were none. At 8:08 P.M.,President Hartstein adjourned the Public Hearing until later in the meeting when the ordinances are considered. 11604 2/28/2005 QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from members of the audience. Steve Lafarve,2038 Jordan Terrace,asked a question regarding the Lake County Road Improvement Plan,which was answered by President Hartstein. 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. There were no requests to remove any items from the Consent Agenda. Moved by Braiman seconded by Glover to approve the Consent Agenda. ORDINANCE No.2005-8-Disposal of Surplus Property Motion to approve Ordinance No.2005-8,authorizing the disposal of surplus village personal Property. CLASS ACTION LITIGATION Motion to approve Ford Crown Victoria Class Action Litigation—recommendation to opt-out of class. LAND&LAKES#5—Engineering services Motion to approve the authorization to engage in professional engineering services(through bid waiver)with Shaw Environmental to evaluate the environmental issues for the Land&Lakes#5/Wheeling facility on Milwaukee Avenue. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYES: 0—None Motion declared carried. ORDINANCE#2005-9—TITLE 19 Moved by Braiman,seconded by Berman,to change the agenda to consider Item XII.F.before other items on the agenda. Upon voice vote,the motion was unanimously declared carried. Mr. Brimm made a presentation reviewing the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview of February 7,2005 prepared by Mr.Brimm to Mr.Balling. Moved by Braiman,seconded by Rubin,to pass Ordinance#2005-9,amending Title 19,Park,School and Library Donations,of the Village of Buffalo Grove Municipal Code. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. George Goldstein,representing the Vernon Area Library District,thanked the Board,also on behalf of the Indian Trails Library System,for helping to maintain the outstanding level of service provided by both library districts in the Village of Buffalo Grove. 11605 2/28/2005 Larry Reiner,President of the Buffalo Grove Park District Board,thanked the Board for its consideration and staff for putting the proposal together,and noted they greatly appreciate the Board's sensitivity to the needs of the Park District. Don Roalkvam, Indian Trails,echoed the comments already made,and thanked the Board for their consideration. SOLICITATION Mr.Brimm reviewed the background on the proposed ordinance. After discussion,it was moved by Braiman and seconded by Glover to defer action on this item until staff provides answers to questions raised by the Board. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-10—CELL TOWERS Moved by Berman,seconded by Glover,to change the agenda to consider Item XII.G.before other items on the agenda. Upon voice vote,the motion was unanimously declared carried. Marc Schwartz,attorney representing the Park District,reviewed the request of the petitioner. Moved Kahn,seconded by Trilling,to pass Ordinance#2005-10, approving a special use for a telecommunications antenna tower in the R-E District at Busch Grove Community Park,801 McHenry Road.Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-11—JACOBS HOMES ANNEXATION AGREEMENT Mr. Raysa again pointed out that the newly revised Plat of Annexation pertaining to all three ordinances which will be attached with the legal description is dated February 25,2005. After confirming that there were no further comments or question from other public bodies,members of the audience or the Board,President Hartstein closed the Public Hearing at 8:48 P.M. Moved by Trilling,seconded by Glover,to pass Ordinance#2005-11,approving an Annexation Agreement for Jacobs Homes concerning the Estates at Hidden Lake,north side of Deerfield Parkway west of Hidden Lake Drive. Upon roll call,Trustees voted as follows: `./ AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-12—JACOBS HOMES ANNEXATION Moved by Braiman,seconded by Glover,to pass Ordinance#2005-12,annexing Jacobs Homes Estates at Hidden Lake property on the north side of Deerfield Parkway west of Hidden Lake Drive. Upon roll call,Trustees voted as follows: 11606 2/28/2005 AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-13—JACOBS HOMES ZONING Moved by Braiman,seconded by Glover,to pass Ordinance#2005-13,approving zoning in the R-4 District for Jacobs Homes Estates at Hidden Lake property on the north side of Deerfield Parkway west of Hidden Lake Drive. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-14—WATERBURY PLACE Jerry James,President of Edward R.James Homes LLC,made a brief introductory statement regarding the process to date. Steve Spinelle,Vice President of Edward R.James Homes,led a presentation detailing the proposal of the petitioner. Bernard Citron,attorney representing the petitioner,stated that they have reviewed the draft Planned Development Ordinance that was presented to them,and commented on several minor issues that they wish to address. President Hartstein thanked both the Plan Commission and the developer for all the hard work that was put into this project. Regarding the Route 22 improvements,Trustee Glover emphasized that she believes that,with the size of this project,leaving the improvements until there is 50%occupancy is way too high and is unacceptable to her,and she wants to be sure that the Village has some control in this decision. Mr.Citron stated that they will be more than willing to work with the Board,and just asked for some guidance from the Village. Trustee Braiman stated that he has watched this project develop,and noted that the plan has become much better throughout the process;he is very impressed with the quality of the developer and he would love to have them in the Village;he believes that the plan,given the constraints of the site,is a good plan;he appreciates that the density was substantially reduced. That being said,Trustee Braiman noted his long-standing concern with regard to the over- abundance of multi-family,and because he feels he must stick to his convictions,he will vote against it,even though he believes the developer has done an excellent job. Trustee Kahn does not disagree with Trustee Braiman relative to the volume of multi-family development in the Village;he also believes the developer has done an admirable job of reducing the density in this development, however,given the unique set of circumstances in this situation,he thinks they have done the best job that can be done with this parcel,and he does not believe that anyone else could put up a better quality product than the current proposal. Although single-family would have been his choice,Trustee Kahn believes that this proposal is as good as it gets for this parcel and he will vote in favor of it;he also appreciates all of the hard work that was put into the plan. Trustee Trilling stated that he agrees with all comments that have been made,but he particularly agrees with Trustee Kahn in that the product type being proposed is unique to the Village,and he believes that this development gives residents other opportunities for housing alternatives. Trustee Rubin stated that he has strong concerns because he believes that there will be families moving in,even though it appears to cater to empty-nesters;he does not believe that people will walk to the train station instead of using automobiles. However,there is a balance of pros and cons,and even with his strong reservations,he believes that the project should be approved. F Al 4...14.1 k i. .r I '. / .t i I_Aul a_.t 6,L J .I. I 1 ... . i L ...L 11 k 1... . _ ___ 11607 2/28/2005 With regard to the left-turn lane on Route 22,Trustee Berman noted that,as of last Thursday,IDOT District 1 did not have Route 22 programmed for the coming construction season,therefore,the Village can only hope that the project will proceed this summer;therefore,language needs to be built into this document that allows the Village to take into account what happens in the next few weeks in Springfield and with IDOT and with the programming for construction of Route 22 so that the left-turn improvement is made at the earliest reasonable time,in conjunction with the Route 22 re-construction if possible,but otherwise to accommodate the use and needs that this development will put on Route 22. Mr. Citron stated that they can agree with the drafted provision regarding Route 22. Trustee Berman stated that,although he shares Trustee Braiman's concerns with regard to multi-family,he also agrees with the comments regarding the quality of the development and the nature of the parcel,and he believes that this is a desirable product,and he will support the plan even though he has some reservations. Trustee Glover stated that this is a parcel that is difficult to develop both because of the railroad tracks and the shape of the parcel;she does like the row houses. Because this type of a project does fulfill a need by being a transitional piece from the railroad tracks to the single-family homes, she will support the proposal,and noted that she also appreciates the work that the developer has done to work with the Board. Moved by Kahn,seconded by Trilling,to pass Ordinance#2005-14,approving a Planned Unit Development (P.U.D.)for Edward R.James Homes concerning the proposed Waterbury Place development of 156 residential units on the Powernail property,201-301 Half Day Road,in accordance with the documents dated 2/24/05,with the modification to Paragraph 14,allowing for multiple locations of model homes. Upon roll call,Trustees voted as follows: AYES: 5—Glover,Berman,Kahn,Trilling,Rubin NAYS: 1 —Braiman Motion declared carried. President Hartstein welcomed the developer to the Village. RESOLUTION#2005-4—2005 STREET MAINTENANCE ENGINEERING SERVICES Moved by Trilling,seconded by Berman,to pass Resolution#2005-2,approving an agreement for Construction Engineering Services for the 2005 Villagewide Contractual Street Maintenance Project(request waiver of bids and award of professional services contract). In answer to a question from Trustee Braiman,Mr.Balling reviewed the reason for the request for bid waiver. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 2005 STREET MAINTENANCE PROGRAM CONTRACT Mr.Balling explained that excellent bids were received during the bidding process,and stated that staff recommends approval of the proposal,details of which are contained in theVillage Board Meeting Agenda Item Overview prepared by Mr.Kuenkler. Moved by Trilling,seconded by Kahn,to award bid for the 2005 Villagewide Contractual Street Maintenance Program Contract,using Option 2,to A Lamp Concrete Contractors. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling, NAYS: 0—None Motion declared carried. 11608 2/28/2005 JACOB DUMAN CENTER Warren Skora,attorney,representing Lord's Love Church,noted that they are present tonight to request permission for a special use in an area zoned R-5 to maintain a church and related school and community center type activities for the building known as the Jacob Duman Center. Sang Kim,a member of the church building committee,made a brief presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Kim stated that they wish to use the building mainly for worship services on Sunday morning,in addition to prayer services each morning and Bible study meetings during weekday evenings. Mr. Kim and Mr. Skora then answered questions from the Board. Board members asked that the Plan Commission look closely at the intensity of the use comparative to the prior use, and the nature of the use proposed as well as those that might come in the future,and any reasonable restrictions that are appropriate and consistent with what is done in any other circumstances where the impact on the neighborhood and the community is evaluated. Moved by Braiman,seconded by Glover,to refer the petition for a special use in the R-5 District concerning a place of worship in the former Jacob Duman Center building, 1250 Radcliffe Road,to the Plan Commission for review. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. VILLAGE GROUP INSURANCE Moved by Trilling,seconded by Glover,to authorize bid waiver and the request for approval to solicit quotations for the Village's group medical,dental and life insurance programs effective July 1,2005. Peter Wrightl,representing Wright Benefit Strategies,Inc.,answered questions posed by Trustee Braiman. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. f ADJOURNMENT 1 Moved by, seconded by,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:05 P.M. et M. Sirabian,Village Clerk APPROVED BY ME THIS 1 DAY OF fl)CL C�l ,2005 illage President