2005-08-01 - Village Board Regular Meeting - Minutes 11659
08/01/05
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 1,2005
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,and Rubin.
Trustee Trilling was absent.
Also present were: William Balling,Village Manager;William Raysa,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;Ed Schar,Building Commissioner;Fire Chief Sashko;Pete Cieko,Deputy Fire Chief;
George Michehl,Deputy Fire Marshall;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Kahn,to approve the minutes of the July 18,2005 Regular Meeting. Upon roll call,
Trustees voted as follows:
AYES: 4—Braiman,Glover,Kahn,Trilling,Rubin
NAYS: 0—None
ABSTAIN: 1 —Berman
ABSENT: 1 -Trilling
Motion declared carried.
WARRANT#1033
Mr.Tenerelli read Warrant#1033. Moved by Glover,seconded by Braiman,to approve Warrant#1033 in the
amount of$1,210,039.58 authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,GloyerBerman,Kahn,Rubin
NAYS: 0—None .
ABSENT: 1 -Trilling
Motion declared carried.
POWER OUTAGES
President Hartstein noted that the Village is aware that several areas in Cook County have had serious power
outages during the past few weeks. President Hartstein assured residents that the Village is working closely with
ComEd to correct these problems;he reviewed conversations that he has with ComEd and the reasons that ComEd
has given for these outages;he noted that residents should notify both ComEd and the Village when they have a
power outage,and assured residents that this not an acceptable situation and the Village is working closely with
ComEd to remedy the situation.
IML SUMMER MEETING
President Hartstein reported on his attendance at the Summer Meeting of the Illinois Municipal League,and
summarized the proceedings from that meeting. President Hartstein also reported that he has been nominated to
serve on the Board of Directors of the IML.
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BILL REID COMMUNITY SERVICE AWARD
Mr.Balling introduced Al Viehman of the Buffalo Grove Rotary Club to present the Bill Reid Community Service
Award.
Mr.Viehman briefly reviewed the criteria for the 2005 Bill Reid Community Service Award,and proceeded to
highlight the many accomplishments of this year's recipient of the award,Marc Spivak. Mr.Viehman then
presented the award to Mr. Spivak who was congratulated by the audience and the Board.
Mr. Spivak briefly expressed appreciation for this honor and noted how proud he is to have been able to serve the
community.
President Hartstein extended the congratulations and appreciation of the Village and the Board for the contributions
that Mr. Spivak has made to the community.
METRA DEPOT EXPANSION
Mr.Brimm presented an update regarding the Buffalo Grove Metra Depot expansion,noting that it has been realized
since its opening that the station was undersized,and Metra has always had a commitment to enlarge the facility
when funds became available;details are contained in the Village Board Meeting Agenda Item Overview that he
prepared. This project is 100%funded by Metra.
Moved by Braiman,seconded by Kahn,to approve the Appearance Review Team recommendation for the Buffalo
Grove Metra Depot Expansion. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0-None
ABSENT: 1 —Trilling
Motion declared carried.
PUBLIC HEARING—BUFFALO GROVE METRA STATION
At 7:56 P.M.,President Hartstein opened the Public Hearing for the Buffalo Grove Metra Station—Parking
Expansion/Detention Facility. Consideration of an Annexation Agreement for the proposed Metra Commuter
Parking Expansion and Detention Facility in an I(Industrial)District Use at 825 Commerce Court(Commonwealth
Edison petitioner). Notice of this Public Hearing was published in the Daily Herald on July 13,2005.
Mr.Brimm then made a presentation on this issue,details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared;he pointed out and reviewed the two variances being requested to the
Zoning Ordinance.
President Hartstein asked if there were any comments from the Board,other public bodies or the audience.
Rob Sherman,resident,noted a concern with the diminished width of the parking spaces;he noted the reasons for
his concern and proposed using the 9' spaces until there is a need for more spaces,at which time the spaces could be
re-striped for 8.5'. Mr. Brimm explained that these spaces are standard width used by Metra universally.
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Sue Ragland,20730 Raphael,Prairie View,expressed concern with the parking lot lights,and annexation of the
property.
Mr.Raysa explained the reason for the Public Hearing and clarified the property that is proposed to be annexed.
Mr.Brimm stated that the lights will be on 24 hours per day,but will not be on the perimeter of the property.
Jason Pomponi,20664 N.William Avenue,stated that he does not think that more parking is needed,since the lot is
only at 40%of capacity at most;he also expressed concern about the possible future annexation of Horatio Gardens.
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John Flynn,Raphael,stated that his back yard will be right up against the proposed retention pond;he also hopes
that the current row of trees along the houses on Raphael will be kept.
Mr.Balling and Mr.Brimm stated that the reason the retention pond is going in is to alleviate flooding in the
Horatio Gardens area,and the initiative for the pond is at the request of the Vernon Township Board. Mr.Brimm
then commented on the tree line.
Michael Chesler,owner of several properties on Raphael,stated that his properties will be right up against the
proposed parking area;the detention is welcome because it will alleviate flooding,but the parking lot will bring
more people into the area and create more problems
Trustee Braiman stated that he has to abstain from voting and discussion on this issue because Mr. Chesler has been
a client of his in the past.
Janet Salcik,20530 N.William,noted that part of the beauty of Horatio Gardens is that it is a safe place for kids to
play without being concerned about traffic;she does not believe that all those spaces are needed;she is concerned
about what will be eventually taken by Buffalo Grove;she is also concerned about lights being on 24 hours a day
Mr.Brimm said that this property is all ComEd right-of-way;lighting is minimal and will reflect directly down onto
the lot. Discussion with Metra shows that their$350M investment in double tracking will support the construction
of this lot,as well as those lots from Antioch all the way down to Franklin Park. The detention has been engineered
for the site because of the location of the overhead lines. Vernon Township mandated that there would be no
entrance or exit on Marie off of Raphael so there would be no traffic going into Horatio Gardens.
At 8:27 P.M.,President Hartstein continued the Public Hearing until later in this meeting.
ROUTE 22
President Hartstein presented an update on the expansion of Route 22.
QUESTIONS FROM THE AUDIENCE
Leon Gopon,737 Bernard Drive,detailed the power outages that have occurred in his neighborhood,as well as the
contacts that he has had with ComEd. One point made by Mr.Gopon is that every resident that has a power outage
should call ComEd individually,even if all other neighbors have already reported the outage,since ComEd may
believe that they have rectified the outage in the area as a whole,but there still may be individual homes that are
without power.
President Hartstein stated that staff is working very closely with ComEd to monitor and rectify the situations
described by Mr.Gopon,and will present a report to the Board and the residents as soon as it becomes available.
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. It was requested that Item XI.A.be removed from the Consent Agenda.
Moved by Glover, seconded by,to approve the Consent Agenda.
ORDINANCE No.2005-46—Disposal of Surplus Property
Motion to approve Ordinance No.2005-46,authorizing the disposal of surplus Village personal property.
RESOLUTION No.2005-27—Termination Agreement
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Motion to approve Resolution No.2005-27,accepting a Termination Agreement for the Metra depot paring leases
between the Village of Buffalo Grove and commonwealth Edison.
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2006 CARGO VAN—Authorization to Bid
Motion to approve the authorization to Bid—2006 Full Size Cargo Van(Replacement for Unit#458-1988 Chevrolet
Astro Van)
Upon roll call,Trustees voted on the Consent Agenda.
AYES: 5—Braiman,Berman,Glover,Kahn, Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
ORDINANCE#2005-47—FIRE SPRINKLER SYSTEMS
Moved by Rubin,seconded by Glover,to pass Ordinance#2005-47,amending Chapter 15.04 of the Village of
Buffalo Grove Municipal Code pertaining to Building Codes(Automatic Fire Sprinkler System).
Chief Sashko made a presentation regarding the proposal,details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared.
Trustee Braiman questioned the modifications in buildings that would require the building to be retrofitted with
sprinklers. Chief Sashko responded and noted that he will share the Fire Department spreadsheet with the Board;he
then answered questions from the Board.
Trustee Berman stated that he wants to be sure that this regulation does not drive out commercial businesses from
the community.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
ORDINANCE#2005-48—BI-DIRECTIONAL AMPLIFICATION SYSTEMS
Moved by Rubin,seconded by Kahn,to pass Ordinance No.2005-48,adding Chapter 15.28 of the Village of Buffalo
Grove Municipal Code pertaining to bi-directional amplification systems.
Chief Sashko made a presentation regarding this issue,details of which are contained in the Village Board Meeting
Agenda Item that he prepared;he then answered questions from the Board.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
ORDINANCE#200549—BUFFALO GROVE METRA STATION
President Hartstein asked if there were any further comments or questions from any other public bodies,the
audience or the Board;there were none,and he closed the Public Hearing at 9:13 P.M.
Moved by Berman, seconded by Kahn,to pass Ordinance#2005-49,approving an Annexation Agreement for the
Buffalo Grove Metra Parking Expansion/Detention Facility—825 Commerce Court(Commonwealth Edison);
details of this issue are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Brimm.
Upon roll call,Trustees voted as follows:
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AYES: 5—Glover,Berman,Kahn,Rubin,President Hartstein
NAYS: 0—None
ABSTAIN 1 -Braiman
ABSENT: 1 —Trilling
Motion declared carried.
KRONENBERGER PROPERTY
John Sheridan,L.J. Sheridan&Company,proposed developer of the subject property,introduced himself and the
other members of his group.
Chuck Saul,L.J. Sheridan&Company,made a presentation to the Board,details of which are contained in the
Village Board Meeting Agenda Item Overview prepared by Mr. Summers.
John Staub,architect,reviewed the preliminary concept plan,after which the petitioners answered questions from
the Board.
The consensus was that there was no objection to the petitioner coming back for referral,but the Board would like to
see more defmition in the retail concepts and the tenancy concepts being promoted;there is a great deal of concern
about adding any banks and/or pharmacies;further information was requested with regard to the variance of the
five-acre requirement for B-3 zoning.
ACTIVE KIDS ACADEMY
Denis Lanski presented a brief overview of his proposal for a facility that would provide educational programs and
physical activities for children,details of which are contained in the Village Board Meeting Agenda Item Overview
prepared by Mr.Pfeil. Mr.Lanski then answered questions from the Board.
Lengthy discussion ensued with the consensus of the Board focusing on the lack of sufficient parking;no one
questioned the need or the viability of the proposal,but there is simply not enough parking;concern was also
expresses with regard to the shared/off-site parking,as these arrangements frequently end up in litigation.
Moved by Kahn,seconded by Rubin,to refer the Active Kids Academy, 1370 Abbott Court,consideration of a
special use in the Industrial District,to the Plan Commission for review. Upon roll call,Trustees voted as follows:
AYES: 0—None
NAYS: 5—Braiman,Glover,Berman,Kahn,Rubin
ABSENT: 1 —Trilling
Motion defeated.
COMPREHENSIVE PLAN UPDATE PROJECT
Mr.Balling reviewed the staff request,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mrs.Neukirch.
Moved by Glover,seconded by Berman,to issue a request for proposals for the Comprehensive Plan Update Project
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in an amount not to exceed$15,000 according to the staff memo dated August 1,2005.
Mrs.Neukirch then answered questions from the Board.
Trustee Braiman confirmed that,just because the Board approves the request for proposals,this does not mean that
the project is being accepted.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
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RESCUE SQUAD PURCHASE—FIRE DEPARTMENT
Trustee Rubin reviewed the Fire Department request,details of which are contained in the Village Board Meeting
Agenda Item Overview prepared by Chief Sashko.
Moved by Rubin,seconded by Glover,to approve purchase and waive bids for a Rescue Squad for the Fire
Department from Marion Body Works,Inc.pursuant to Chief Sashko's memo to Mr.Balling of July 22,2005.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1—Trilling
Motion declared carried.
ORDINANCE#2005-50—SIGN PLACEMENT
Moved by Berman,seconded by Kahn,to pass Ordinance#2005-50,authorizing the placement of signs on the
Municipal Campus,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by
Mr.Giddens. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
EXECUTIVE MEETING
Moved by Braiman,seconded by Glover,to move to Executive Meeting to discuss Pending Litigation. Upon roll
call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried.
The Board moved to Executive Meeting from 10:00 P.M.until 10:37 P.M.
The Regular Meeting reconvened at 10:38 P.M.with roll call showing the following present: President Hartstein,
Trustees Braiman,Glover,Berman,Kahn,and Rubin.
RESOLUTION OF LITIGATION
Trustee Berman moved to:
1. Approve the Intergovernmental Cooperation and Settlement Agreement between the Village of Buffalo Grove
and the Wheeling Park District,in substantially the same form as presented tonight, subject to approval of the
Agreement by the Wheeling Park District and subject to such revisions as may be approved by the Village
Attorney consistent with this motion and the direction of the Village Board as given in executive session,and
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2. Authorize and direct the Village President and Village Clerk to execute said Agreement,and
3. Authorize and direct the Village Attorney to take all necessary action to effectuate the terms of said Agreement.
Trustee Braiman seconded the motion.
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Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Rubin
NAYS: 0—None
ABSENT: 1—Trilling
Motion declared carried.
ADJOURNMENT
Moved by Kahn,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:40 P.M.
Ja M. Sirabian,Village Clerk
APPROVED BY ME THIS/5D //��AY OF �/(.UL ,2005
Village resi ent