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2005-09-12 - Village Board Regular Meeting - Minutes 11672 9/12/2005 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,SEPTEMBER 12,2005 t[F CALL TO ORDER President Hartstein called the meeting to order at 7:34 P.M. After a moment of silence to remember those lost in the attacks of 9/11/01,as well as victims of Hurricane Katrina,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;William Brimm,Assistant Village Manager/Director of Finance;Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Robert Pfeil,Village Planner;Fire Chief Sashko;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Kahn,to approve the minutes of the August 15,2005 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. WARRANT#1035 Mr.Tenerelli read Warrant#1035. Moved by Glover,seconded by Braiman,to approve Warrant#1035 in the amount of$3,936,091.88 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. BLOOD DONOR DOMMISSION President Hartstein appointed Kathie Benson and Lea Elder to the Blood Donor Commission for terms to expire 12/31/05. Moved by Berman,seconded by Braiman,to concur with President Hartstein's appointments. Upon voice vote,the motion was unanimously declared carried. HURRICANE RELIEF �./ President Hartstein reported that over$2,800 was collected at Buffalo Grove Days for the victims of Hurricane Katrina. The first$1,800 of these funds will be matched by the Lake County Farm Bureau,and the remaining money will be matched by the firm of Chapman&Cutler,thereby generating approximately$6,000 to be sent to aid in disaster relief. In addition,there are four members of the Buffalo Grove Fire Department have been sent to New Orleans to assist in relief efforts in that area. Mr.Balling reported on the status of those firefighters and noted that a full report will be presented at the October 11,2005 Village Board Meeting. 11673 _9/12/05 METROPOLITAN MAYORS CAUCUS President Hartstein reported on a retreat of the Metropolitan Mayors Caucus that he attended over the weekend,and he will be reporting to the community and the Board in the weeks ahead. TRUSTEE REPORTS Trustee Braiman reported that there will be another Limelight Café event to be held on Friday,November 4,2005 at eSkape,and he urged students between the ages 14-19 to attend;those students interested in participating should contact the Village Manager's office. Trustee Braiman announced that the Fall Concert for the Buffalo Grove Symphonic Band will be held on Saturday, October 29,2005 at Buffalo Grove High School. Trustee Glover reported on the Buffalo Grove Days Festival last weekend,thanking the Committee and the many, many volunteers,organizations,businesses,sponsors,and staff members that put in so many hours to make this festival so successful and such a wonderful opportunity for the community to come together President Hartstein echoed Trustee Glover thanks to everyone involved,and also thanked Trustee Glover for serving as the liaison to the Committee. Moved by Braiman,seconded by Berman,to appoint Trustee Glover as liaison to the 2006 Buffalo Grove Days Committee. Upon voice vote,the motion was unanimously declared carried. HOMELAND SECURITY Mr.Balling responded to today's Daily Herald article,and explained that the Fire Department is actually applying for and receiving federal money under the Federal Fire Act Grant. The actual terrorism money is administered through a state task force,the Illinois Terrorism Task Force,and they are the keeper of federal funding,which is deployed by region. PROCLAMATION—TRICK OR TREAT DAY President Hartstein proclaimed Monday,October 31,2005 between the hours of 2:00 and 7:00 P.M.as Trick or Treat Day in the Village of Buffalo Grove,and encouraged all households to participate in this event,and also encouraged parents to accompany their children during this time.. PUBLLIC HEARING—SHELL/McDONALD'S President Hartstein called the Public Hearing for an amendment of an Annexation Agreement concerning the Shell/McDonald's facility at 1200 N.Arlington Heights Road to order at 7:50 P.M.,and swore in George Maurides to give testimony. Notice of this Public Hearing appeared in the Daily Herald on August 27,2005. George Maurides,representing Shell/McDonald's,made a brief presentation regarding the request of Shell/McDonald's,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustees stated that they appreciate the fact that the petitioner worked hard and cooperated with the Village to make this site aesthetically pleasing. Mr.Raysa stated that the purpose of this Public Hearing is required by Statute and is for an amendment to an Annexation Agreement,that draft dated 9/8/2005_A,and entitled Amendment to the Annexation Agreement for Shell Oil Company, 1200 Arlington Heights Road. For the record,this is called an amendment to the Annexation Agreement for Shell Oil Company,which was the name of the original Annexation Agreement,notwithstanding that the successor to Shell Oil Company is now known as Equilon Enterprises,LLC. { . 11674 9/12/2005 President Hartstein asked if there were any comments or questions from other public entities,members of the audience or the Board;there were none. President Hartstein adjourned the Public Hearing at 7:58 P.M. PUBLIC HEARING—185 MILWAUKEE AVENUE At 7:58 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. This Public Hearing is continued from May 16,2005 and June 20, 2005,July 18,2005 and August 15,2005 Mr.Balling explained the reasons that this Public Hearing has been continued several times,and noted that staff recommends closing the Public Hearing. When the proper information is received,staff will republish and bring this back for consideration by the Board. Trustee Berman stated that staff should contact the resident who inquired about this Public Hearing and let them know what has happened with the proposal. After asking if there were any objections,President Hartstein closed the Public Hearing at 7:59 P.M. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any comments or 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;there were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Trilling,seconded by Kahn to approve the Consent Agenda. ORDINANCE No.2005-57—Amending Title 10 Motion to approve Ordinance No. 2005-57,amending Title 10 of the Village of Buffalo Grove Municipal Code speed Restrictions). ORDINANCE No.2005-58—Surplus Property Motion to approve Ordinance No. 2005-58,authorizing the disposal of surplus Village personal property. ORDINANCE No.2005-59—Water&Sewer Agreement Motion to approve Ordinance No.2005-59,approving Water and Sewer Agreement with Wheeling Park District. BRENTWOOD STATION—Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for Brentwood Station. WATERBURY PLACE—DIA&Final Plat of Subdivision Motion to approve the Development Improvement Agreement&Final Plat of Subdivision. AUTHORIZATION TO BID—Front End LoaderBackhoe Motion to approve the authorization to Bid-Replacement Water Operations(Central Garage)Unit FEL-02 1985 John Deere Front End Loader/Backhoe. 11675 9/12/2005 Upon Roll Call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-60—SHELL/McDONALD'S Moved by Berman,seconded by Kahn,to pass Ordinance#2005-60,granting variations to Sections 14.20.030, 14.20.070, 14.20.080 and 14.40.025 of the Sign Code for Shell/McDonald's, 1200 N.Arlington Heights Road, directing the Village Attorney to insert the name of Equilon Enterprises LLC as the successor. Upon roll call, Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-61—SHELL/McDONALD'S Moved by Glover,seconded by Kahn,to pass Ordinance#2005-61,amending the Annexation Agreement concerning the Shell/McDonald's facility at 1200 N.Arlington Heights Road,to include the exhibits as presented. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-62—ILLINOIS ROUTE 22 Moved by Berman,seconded by Kahn,to pass Ordinance#2005-62,annexing certain territory to the Village of Buffalo Grove,Illinois—Illinois Route 22(Half Day Road). Mr.Brimm presented a brief explanation of the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared that he prepared. Mr.Brimm confirmed to Trustee Berman that this does not entail annexing any businesses,homes, facilities or other operating properties and is all right-of-way along Route 22. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2005-63-COLLECTIVE BARGAINING Moved by Trilling,seconded by Berman,to pass Ordinance#2005-63,authorizing the Village Manager to enter into a Collective Bargaining Agreement with the Buffalo Grove Professional Firefighter/Paramedic Association. subject to information to be presented by Mr.Brimm. Mr.Brimm reviewed the proposed Collective Bargaining agreement,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared;he noted that the agreement being presented reflects the mutual compromises that have been made by both parties. Trustee Berman expressed appreciation to the entire negotiation team on both sides for spending years to work through this to get an agreement that works for all concerned. 11676 9/12/2005 Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. RESOLUTION#2005-29-INTGERGOVERNMENTAL AGREEMENT Moved by Berman,seconded by Trilling,to pass Resolution#2005-29,approving an amended and restated Intergovernmental Cooperation and Settlement Agreement between the Village of Buffalo Grove and the Wheeling Park District in accordance with the materials provided to the Board and the draft dated 8/3/05. Mr.Raysa outlined the significance of this particular document,details of which are contained in his letter to Mr. Balling of September 9,2005. Mr.Raysa confirmed to Trustee Berman that the changes made to the agreement are just verbiage and not substance, and the changes have been worked out and agreed to between all parties. Trustee Braiman publicly thanked Judge McKoski for the time and effort that he spent in getting this issue resolved. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 21900 WEILAND ROAD Art Nadolny,Manager of AR Associates,LLC,stated that they appear tonight to propose a redevelopment of the site at 21900 Weiland Road,and he reviewed the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. After questioning the types of uses proposed,Trustee Berman stated that the uses proposed are the same as those located very nearby,and he is concerned about vacancies. Mr.Nadolny reviewed the current vacancy rate in area shopping centers. Trustee Braiman asked for a copy of the survey referred to by Mr.Nadolny;he agrees that it seems that we do not need the uses proposed in a strip center;he would fmd a one-user proposal more appealing;he also wants to be fair to the current businesses in the area. Mr.Nadolny stated that it is harder to fmd a single-use for the site than it is to find several small users. Trustee Berman stated that he is not convinced that there is a demand for this type of center;he thinks it is incumbent on the petitioner to demonstrate what it is that will be placed on the site so that the Board may evaluate not only whether it is feasible,but the impact it will have on the surrounding area. Trustee Trilling agrees with comments already made;he agrees that smaller areas are easier to lease because the rent is lower and more likely to attract new entrepreneurial businesses,but noted that it is not uncommon for these types of businesses to fail in the first year or two of operation,and he does not want to see a constant influx of businesses in and out of this center that do not produce any true benefit to the surrounding community. President Hartstein explained that it is a very difficult decision for the Board to change zoning on a piece of property without knowing what is going on that property so that restrictions may be put in place to ensure that whatever is placed on that property is a benefit to the community. 11677 9/12/2005 VEHICLE PURCHASE Moved by Braiman,seconded by Kahn,to waive bids and purchase a 2006 Chevrolet Silverado 1500 Hybrid Electric Pickup(replacement vehicle for 1987 GMC Utility Pickup—Unit 443),in accordance with the memo previously provided to the Board. Trustee Berman stated that he has some hesitation on this,which is based more on the practicality of the situation rather than concept;he appreciates the sentiment that is driving this proposal,and he does not want to discourage staff from continuing to explore opportunities to find environmentally-friendly conservation measures that can be incorporated into Village programs. However,he is not convinced of the potential cost savings,or whether the environmental benefits are anything beyond speculative. He believes that symbolic gestures should be left to others and decisions should be based on practical considerations;he believes the new technologies need to be proven before any risk is taken with the community's money,therefore,he will not support a bid waiver. President Hartstein noted that one of the presentations at the Mayor's Caucus was on clean air and the need for communities to take these types of issues into consideration when making replacement purchases,the region as a whole can benefit from the commitment to take steps to benefit the environment. Trustee Kahn said it appears to him that this will show what new technology can do for us,and he is willing to take the step. If this piece of equipment has a life expectancy of 16-18 years,the extra cost will more than be offset in fuel savings; Trustee Trilling noted that he would like others to do the testing before committing Village funds to this type of purchase;we do not know whether or not our staff is capable of maintaining this type of vehicle;he believes the Village should monitor these vehicles before making this type of commitment. Mr.Brimm responded to statistics regarding the track record of the proposed vehicle. Trustee Glover shares many of the same thoughts as Trustees Berman and Trilling;she does believe that the hybrids still have some issues that have not been proven;she believes that the Village should start with the smaller staff cars to test the hybrids,and she is not willing to support this proposal. Trustee Berman believes that Trustee Trilling is correct in that it is better to see someone else put this kind of vehicle through its paces in a Midwestern winter;he does want to see staff pursue opportunities of this type,but he does not believe that this is the opportunity. Trustee Braiman stated that he has faith in our central garage and he believes maintenance can be handled by them; if everyone keeps saying that they want to wait for someone else to test it,it will never get done. Although he does not believe that there is much of a risk,he does believe that it is worth that risk. Upon roll call,Trustees voted as follows on the motion: { AYES: 3—Braiman,Kahn,Ruben NAYS: 3—Glover,Berman,Trilling Because of the fact that a bid waiver requires 2/3 of the Trustees or four(4)affirmative Trustee votes,the motion was defeated. Although not voting,President Hartstein stated that he fully supports this proposal and he encourages staff to continue to explore these types of opportunities. Trustee Braiman asked staff to prepare authorization to bid this type of vehicle for consideration on the next agenda. EXECUTIVE MEETING Moved by Trilling,seconded by Kahn,to move to Executive Meeting to discuss Personnel. Upon roll call,Trustees voted as follows: • ._m. 11678 9/12/2005 AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. The Board moved to Executive Meeting from 8:55 P.M.until 9:05 P.M. The Regular Meeting reconvened at 9:05 P.M.with roll call showing the following present: President Hartstein, Trustees Braiman,Glover,Berman,Kahn,and Rubin. ADJOURNMENT Moved by Rubin,seconded by Kahn,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:06 P.M. &m.,t Janet M. Sirabian,Village Clerk APPROVED BY ME THIS/40 " DAY OF &tit/CA—, ,2005 Village President