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2005-05-16 - Village Board Regular Meeting - Minutes 11633 05/16/2005 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,MAY 16,2005 CALL TO ORDER President Hartstein called the meeting to order at 7:30 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, and Rubin. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Dan Blondin,Assistant Village Attorney;William Brimm,Assistant Village Manager/Director of Finance;Ghida Neukirch,Assistant Village Manager; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;Richard Kuenkler,Village Engineer;Brian Sheehan,Village Health Officer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Trilling,to approve the minutes of the May 2,2005 Regular Meeting. Upon voice vote,the motion was unanimously declared carried. WARRANT#1029 Mr.Tenerelli read Warrant#1029. Moved by Glover,seconded by Kahn,to approve Warrant#1029 in the amount of$2,771,563.52,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. BOARD OF FIRE&POLICE COMMISSIONERS President Hartstein appointed Albert Viehman as Vice Chair of the Board of Fire&Police Commissioners. Moved by Berman,seconded by Kahn,to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. RELAY FOR LIFE President Hartstein reported that the location for this year's Relay for Life has been erroneously reported as Stevenson High School,when the actual site will be at Buffalo Grove High School. The annual Relay for Life is held to raise money for the American Cancer Society and will be held at Buffalo Grove High School on June 11-12, 2005.Residents are urged to form teams and join in this worthwhile and fun event that is organized and managed by students from Buffalo Grove and Stevenson High Schools. President Hartstein also noted that a special program of People, Places and Issues focuses on the importance of this event. TRUSTEE REPORTS Trustee Rubin reported that,in order to help facilitate construction and speed up the completion date of the Buffalo Grove/Port Clinton/Prairie Road project,the contractor has modified the construction plans. Trustee Berman acknowledged and thanked the Police Department Traffic Unit for their community outreach in distributing much appreciated water bottles at the train station this morning. 11634 05/16/2005 Trustee Berman referred to his previous proposal to eliminate Vehicle Stickers. The deadline for the purchase of vehicle stickers was May 1,2005. It is estimated that between 31,000 and 33,000 should have been sold. The actual number of stickers sold was just over 22,000. Trustee Berman noted that figure represents approximately$250,000 in lost revenue to the Village. Therefore,he asked that staff begin planning to eliminate the vehicle sticker program, and present a plan to replace that revenue more equitably. In answer to a question from Trustee Kahn,Mr.Brimm reported on the progress in matching the vehicle sticker sales with the licensing roles from the office of the Secretary of State. Trustee Berman noted that Mr.Brimm has taken a lead role in organizing a regional corridor approach to exploring and obtaining quiet zone approval along the North Central corridor in compliance with the new Federal Railroad \./ Administration Train Horn Rule. Mr.Brimm presented a brief update on the recent meeting that he hosted for representatives of affected communities and agencies. President Hartstein urged residents to honor those who have given their lives to defend our country by attending the Memorial Day Ceremony that will take place at 11:00 A.M. on Memorial Day at the Knopf Cemetery on Arlington Heights Road. President Hartstein also reported that plans are under way for the 50th Anniversary celebration in 2008,and urged residents interested in serving on this committee to contact the Village Hall. The Village Clerk reported that there are regional recycling events that will take place in the near future and urged residents to take advantage of these events rather than disposing of harmful items in landfills. The Household Chemical Waste Collection accepts such items as paints,motor oil,pesticides and household batteries. The Electronics Collection accepts such items as PC's,printers,keyboards,and fax machines. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of April,2005;there were no questions on the report. At the request of Trustee Berman,Mr.Balling reported on the end of fiscal year results,noting that the expenditures came in at over$2.7 million under budget. Trustee Berman congratulated staff on their fiscal management both on the revenue and expenditure ends of the budget. EMPLOYEE HEALTH INSURANCE Mr.Balling presented an update on the Village of Buffalo Grove employee health insurance project,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Malinowski. VIDEO PRODUCTION President Hartstein recognized Steven Stein,a senior at Buffalo Grove High School for his accomplishment as the 2005 Regional Winner,Video Production. Mr. Stein wrote, filmed and edited the video titled Anti-Rape for a competition sponsored by the Illinois Coalition Against Sexual Assault and the Illinois Department of Public Health. Mr. Stein was in the audience and was congratulated b the audience and the Board for his accomplishment. PROCLAMATIONS President Hartstein noted a Proclamation declaring the week of May 15-21,2005 as National Emergency Medical Services Week in the Village of Buffalo Grove,and encouraged the community to observe the week with appropriate programs,ceremonies and activities. President Hartstein noted a Proclamation declaring the week of May 23-30,2005 as Buckle Up Buffalo Grove! Week in the Village of Buffalo Grove,and encouraged the community to observe the week with appropriate programs,ceremonies and activities to increase the use of safety belts and child safety seats. 11635 05/16/2005 OMNI YOUTH SERVICES—YOUTH VOICE Youth Voice,a group which is part of Omni Youth Services,made a presentation on the subject of second-hand smoke. The group,represented by Shama Joshi,Niki Patel and Anna Khomutova,reported the findings of their research over the past school year. The group requests that the Village of Buffalo Grove again review an ordinance that would make restaurants in the Village smoke free. President Hartstein thanked the group for their thorough presentation. Moved by Kahn,seconded by Braiman,to refer the research presented by the students to the Board of Health for �./ review,as well as to members of the State Legislature. Trustee Trilling asked that the report also be presented to the Buffalo Grove Chamber of Commerce. Trustees Kahn and Braiman agreed to amend the motion to include that suggestion. Upon voice vote,the amended motion was unanimously declared carried. SAVED BY THE BELT Sergeant Kristiansen reviewed the criteria for the Saved by the Belt awards,and thanked the Board and the Police Department for their support of traffic safety in the Village. A recent survey showed that there is 91%compliance of seat belt usage for people on Buffalo Grove roadways. Sergeant Kristiansen then presented the awards to a resident who was involved in an automobile accident where he was saved from serious injury because he was wearing his seatbelt;Mr.Bidal said the accident happened only a few blocks from his home,and he would not have been able to keep control of his automobile if he had not had his seat belt on. PUBLIC HEARING—JACOBS HOMES President Hartstein called the Public Hearing for Jacobs Homes,consideration of an Annexation Agreement for the proposed Whispering Lake Estates development of 23 homes on the R-4 District,on the south side of Aptakisic Road west of the JCYS facility,continued from May 2,2005,to order at 8:10 P.M. Jeff Horwitz, 1535 Madison Drive,stated that his property backs up to the rear of this proposal,and he believes that this proposal is incompatible with the surrounding area;he believes he and his neighbors are David going up against Goliath;he stated that the destroying wetlands and eating up open space;he is also concerned about flooding. Dawn Sklare, 1533 Madison Court North,believes the lots are too small,and she believes this is reprehensible to put these homes on these lots. Robert Sklare, 1533 Madison Court North,stated that this development is too dense,and that three houses in the new development would be stacked against a lot with one home. President Hartstein asked if there were any other comments from the audience,other public bodies or members of the Board. Mr.Balling stated that this is a statutory Public Hearing on the Annexation Agreement;the Village Board is committed to allowing the public full and free access during the hearings to state whatever they wish to state. The Plan Commission conducted several workshops and did its best to address all of the neighborhood concerns and issues related to master planning. Mr.Balling assured the Board and the residents that,other than the variations requested,which will not have an adverse impact on adjoining properties,the project will conform to all applicable federal,state and local standards and practices. The project will continue to be monitored by the professional staff of the Village in the event that the Annexation Agreement is adopted. The reason this project carried a unanimous recommendation to the Village Board is because it is a high quality plan. Mr.Raysa summarized two revisions since the last time the Board reviewed this issue. Mr.Raysa directed the Board's attention to the draft dated 5/12/05 in the upper left-hand corner. Mr.Raysa stated that the changes have been reviewed and agreed to by both the Village Attorney and the petitioner. 11636 05/16/2005 In answer to a question from Trustee Braiman,Mr. Kuenkler stated that he has reviewed the engineering,and the property drains and slopes towards Aptakisic Road,so the basin is appropriately located. The plan meets all of the standards both for wetlands and stormwater management required by Lake County. Trustee Braiman took issue with the comments made in reference to the Plan Commission. Even though it is not a legal requirement for the public to be allowed to speak at Plan Commission workshops,it is always the practice of the Plan Commission to allow the public to speak at all of their meetings. Trustee Braiman knows that residents did speak at these meetings,and he believes it is disingenuous to infer otherwise. The Plan Commission takes great pride in allowing citizens as much input as possible,and the plan as it is now shown is based in part upon the input of the residents. Trustee Braiman stated that he believes the plan being presented is a very fair and reasonable plan. Trustee Berman clarified that this is private property and the owner has the right to develop, and the Village cannot mandate that the land remain vacant. At 8:39 P.M.,President Hartstein continued the Public Hearing until the matter is considered later on in the meeting. PUBLIC HEARING—185 MILWAUKEE AVENUE At 8:40 P.M.,President Hartstein called to order the Public Hearing for the request for rezoning to the B-3 District for the property at 185 Milwaukee Avenue. Mr.Balling reviewed the request of the petitioner,Daniel Casale,details of which are contained in the Village Board Meeting Agenda Item Overview,and explained that this is being handled as an administrative proceeding. President Hartstein asked if there were any questions from the audience,other public bodies or the Board. In answer to a question from the Trustee Braiman,Mr.Balling explained the effect of this change. Moved by Kahn,seconded by Trilling,to continue the request for rezoning to the B-3 District for the property at 185 Milwaukee Avenue and this Public Hearing until the June 6,2005 Village Board Meeting. Upon voice,the motion was unanimously declared carried. At 8:47 P.M.,President Hartstein continued the Public Hearing until June 6,2005. QUESTIONS FROM THE AUDIENCE Mike Mockenhaupt, 1201 Dannet Court,stated that their streets were repaved and the curbs rebuilt last year;he lives on a cul-de-sac with an island,and the grass has not yet been replanted on the cul-de-sac. Mr. Balling stated that staff will contact Mr. Mockenhaupt this week. 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 Glover,seconded by Kahn,to approve the Consent Agenda. RESOLUTION No.2005-10—Health Self-Insurance Reserves Motion to approve Resolution 2005-10,adopting the Village of Buffalo Grove Policy and Practice relative to Health Self-Insurance Reserves. RESOLUTION No.2005-11—SWANCC Motion to approve Resolution No.2005-11,appointing a director and alternate director to the Solid Waste Agency of Northern Cook County. 11637 05/16/2005 3-YEAR STREET LIGHT MAINTENANCE CONTRACT Motion to authorize to execute last year option of 3-Year Street Light Maintenance Contract. FIREFIGHTER'S PENSION FUND Motion to accept the Annual Report of Condition—Police Pension Fund. POLICE PENSION FUND Motion to accept the annual Report of condition—Police Pension Fund. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-27—PRESTIGE AUTO LEASING President Hartstein stated that,since he did at one time in the past provide legal representation for Prestige Auto Leasing,he will recuse himself from any discussion on the matter. President Hartstein then turned the meeting over to President Pro Tern Braiman. John Schiess,John Schiess&Associates,architect and applicant for the project,presented a brief history of this project and the request for the special use. Mr. Schiess referred to aerial photos,the drainage plan,the tree survey, the landscape plan,the site plan,and renderings of the proposed project ' Jamil Bou-Saab,Terra Engineering,reviewed the outside lighting plan for the site. Mr. Schiess confirmed that the outside lighting,other than security lighting,will be turned out one hour after the close of business. Mr.Schiess stated that they believe they have addressed all issues raised with regard to this project. In answer to a request from Trustee Berman,Mr. Schiess stated that minor maintenance is all that will take place in the service bays,which will include the prepping of cars for delivery and oil changes on cars for delivery. There will be no painting,dent repair,major engine repair,or body work. Art Friedman stated that there may be small brake jobs. Most of the cars have warranties that will be done by dealerships. Mr.Pfeil noted that the conclusion of traffic engineers for both the Village and the petitioner was that there will not be a significant impact on the Dundee Road traffic. This is actually a very light use for a commercial property. Trustee Berman suggested that eliminating six parking spaces on the east side of the property would make the site more aesthetic. Mr. Schiess responded that they will accept that if it is a made a condition of approval. In answer to a question from Trustee Rubin,Mr. Schiess reviewed the nature of the Prestige Auto Leasing business. Mr.Friedman stated that the hours of operation are 10:00 A.M. to 8:00 P.M. Monday through Thursday, 10:00 A.M. to 6:00 P.M.on Friday and Saturday,and they will be closed on Sunday. Lengthy discussion took place regarding the number of parking spaces on the site. President Pro Tern Braiman asked that staff share the revised parking configuration with the Board before it is approved;he also asked that some evergreens be put in to screen the area. Mr.Friedman confirmed that the point of sale will be in Buffalo Grove. Mr. Schiess confirmed that there will not be an outside public address system,and the outside light and hours of operation as previously stated are correct. � - __ -' � - ' -� �� _� _-_----_- ___-____-_-------_____-~___ �� /°, °� x '- ' � - ` _ ''� ''' �`_ � �� ' ` . ' � 11638 05/16/2005 Frank Sears, 50 E.Lake Boulevard,representing the Cambridge-on-the-Lake homeowners,objected to the application. Mr. Sears stated that many of the questions that the homeowners have,which were raised by Trustees, were never raised by the Plan Commission. The homeowners perceive this proposal to be a used car lot,and they believe that a used car lot will be detrimental to their properties. They are asking for the same concern and respect for the zoning laws of the Village that was given to the residents of Betty Street and Golfview Terrace. Susan Hanman stated that she moved here from Naperville believing that Buffalo Grove was an equally prestigious place to live. However,if this proposal goes through,she will be very disappointed. Ms.Hanman has been very happy in Buffalo Grove and has shared that with many friends,but she will no longer be able to say that if this proposal is approved. Ms.Hanman also agrees with Mr. Sears;she does not understand why these automobiles could not be stored at an off-site location. Ray Brettman,stated that the Village does not need another used car lot. Joyce Dansker,350 E.Dundee Road,secretary for Grove Terrace Condominiums,stated that their association • agrees with most of the comments made by Mr. Sears;she stated that adding more traffic onto Dundee Road will make getting out of their complex,especially eastbound,even more difficult;she also believes that this proposal will change the atmosphere of the community. • President Pro Tern Braiman asked if there were any further comments from the audience,other public bodies,staff or Board members;there were none. Moved by Glover,seconded by Kahn, to pass Ordinance#2005-27,approving a special use in the B-3 District for i Prestige Auto Leasing, 88 Dundee Road,in accordance with the changes mention by the Village Attorney with the provision that the parking on the east side and the landscaping on the site will be in accordance with the Board's . wishes,and that staff will review the proposal. Trustee Berman stated that these types of projects are difficult decisions to make;the Board must balance the community benefit,the interest of the landowner,and the interest of the adjoining residents. Trustee Berman pointed out that every member of the Plan Commission and the Village Board also lives in and pays taxes in this •community. This property is on a state highway and surrounded by commercial properties,the footprint of the building is not changed,and Trustee Berman believes,although it is a close call,that the balance of interests do favor granting a special use for this proposal in this area. Trustee Berman understands the concerns that have been • raised,and although he does not agree with the residents,he has taken every concern into consideration and he does not believe that the impact of this development will be of the nature and character that has been suggested;he is comfortable that the balance of interests do warrant moving forward with this development. Trustee Braiman commented on the difference between this proposed development and the similar development that the Board rejected previously. Trustee Braiman does object to a long string of parked vehicles, and he does believe the area is overparked;his initial impression was that this was primarily a leasing operation,and is not particularly pleased that the leasing vehicles will be there on a short-term basis,and other vehicles will be there on a long-term basis;he will vote against the plan unless the parking is modified. Trustee Kahn has taken all concerns into consideration;he does think this is an appropriate use for this location, particularly since it is on Dundee Road,which has always been looked at as being an appropriate area for business and commercial development;he does not believe this will adversely affect property values. Trustee Rubin has been in support of a leasing operation coming into the Village,however,what is being presented is not what he had anticipated,so he will not be able to support the proposal. Trustee Glover stated that the previous proposal further west on Dundee Road was more of a residential area,and this is more of a commercial area;she does have a serious problem with the stacked parking in the rear of the site; she has sold real estate in the Village for many years and she does not believe it will affect property values;she does have a problem with the heavy emphasis on selling used cars. Trustee Berman stated that the other automobile dealerships in the Village have the same kind of large car storage areas as is being presented,and this is actually even smaller than those sites. 11639 05/16/2005 In answer to a question from Trustee Trilling,Mr. Scheiss stated that they could reduce the height of the light standards to 15'. Trustees Glover and Kahn amended the motion to state that the light standards will be 15'. In answer to a request from Trustee Glover,Mr. Schiess stated that they would be willing to work with staff to reduce the parking at the rear of the site. Further discussion took place regarding the parking,and it was noted that the parking needs to be reduced significantly. Upon roll call,Trustees voted as follows on the amended motion:. AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 2—Glover,Rubin Motion declared carried. President Hartstein resumed the chair at 10:29 P.M. ORDINANCE#2005—28—LORD'S LOVE COMMUNITY CHURCH Warren Skora,attorney for the petitioner,reviewed the request of Lord's Love Community Church,details of which are contained in the Village Board Meeting Agenda Item Overview. San Kim,Lord's Love Community Church building committee,presented materials describing the activities, estimated hours of operation and traffic flow. In answer to a comment from Trustee Berman,Mr. Skora stated that they understand and agree with the conditions with regard to the possible future accessory uses as outlined in the ordinance. Mr. Skora stated that they are prepared to present their plans and proposals to the proper Village officials,and to cooperate and be certain that their programs will not have any adverse affect on their neighbors. Mr. Skora commented regarding use of existing playground equipment being available for public use;he noted that they are fully prepared to make the equipment available for public use,however,they believe that there should be some restrictions placed on that use. Mr. Skora stated that they believe that the Lord's Love Community Church meets the criteria set forth for special use. Church operations will not be detrimental to the public health,safety or general welfare. Church use and activities will not adversely affect the use or enjoyment of property or be detrimental to property values. Adequate parking is available and reasonable rules and procedures will be taken to avoid inconvenience to neighbors. Lord's Love Community Church will be a responsible member of the community and a very good neighbor. Trustee Berman asked that staff work with counsel and the petitioner to ensure language that the public continues to have reasonable access to the facility Moved by Berman,seconded by Trilling,to pass Ordinance#2005-28,approving a special use in the R-5 District for Lord's Love Community Church concerning the property at 1250 Radcliffe Road,subject to the clarification concerning the tot lot which should be resolved between staff,the Village Attorney and counsel for the petitioner. Ron Mraz, 1261 Radcliffe,asked that it be confirmed that there would be the same rules as applied to the Jewish Community Center. Mr.Balling responded to Mr. Mraz. 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 Lord's Love Community Church to the Village of Buffalo Grove. Mr. Skora thanked the Board and the Plan Commission for working with them through this issue and noted that they look forward to becoming a member of the Buffalo Grove community. 11640 05/16/2005 ORDINANCE#2005-29-JACOBS HOMES President Hartstein asked if there were any further questions or comments on this issue from the audience or the Board;there were none. President Hartstein closed the Public Hearing at 10:55 P.M. Moved by Trilling,seconded by Berman,to pass Ordinance#2005-29,approving an Annexation Agreement for Jacobs Homes concerning the proposed Whispering Lake Estates subdivision,south side of Aptakisic Road west of the JCYS facility,subject to the two changes highlighted by Mr. Raysa during the Public Hearing. Upon roll call, Trustees voted as follows: AYES: 6- Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0-None Motion declared carried. ORDINANCE#2005-30-BOUNDARY&PLANNING AGREEMENT Moved by Glover,seconded by Berman,to pass Ordinance#2005-30,approving the Boundary and Planning Agreement between the Village of Lincolnshire and the Village of Buffalo Grove Several property owners in the proposed area had questions on the agreement,which were answered by President Hartstein. Trustee Braiman went on to review the history of this agreement. Upon roll call,Trustees voted as follows: AYES: 6 -Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0 None Motion declared carried. The Board thanked staff as well as the Village of Lincolnshire for this major accomplishment. • • JACOBS HOMES-ESTATES AT HIDDEN LAKE Mr.Balling briefly reviewed this issue,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Summers Moved by Braiman,seconded by Kahn,to approve the Jacobs Homes-Estates at Hidden Lake,Appearance Review. Upon roll call,Trustees voted as follows: AYES: 6--Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0-None Motion declared carried. EXECUTIVE MEETING Moved by Kahn, seconded by Glover,to move to Executive Meeting to discuss Pending Litigation. 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 Meeting from 11:00 until 11:29 P.M. 11641 05/16/2005 ADJOURNMENT Moved by Kahn,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:30 P.M. Jane M. Sirabian,Village Clerk APPROVED BY ME THIS ig DAY OF , (,(/Y`Qf,2005 Village President