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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. 11660 8/01/05 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. f � 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. 11661 08/01/05 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 F � 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. 11662 08/01/05 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: 11663 08/01/05 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 .�J 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. 11564 08/01/05 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 I � 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. { 11665 08/01/05 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