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2004-01-05 - Village Board Regular Meeting - Minutes 11445 1/5/04 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,JANUARY 5,2004 CALL TO ORDER President Hartstein called the meeting to order at 7:30 P.M. As the Colors were presented by Scout Troop 79 from Ivy Hall School,those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Johnson,Kahn and Trilling. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager;Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Gregory Boysen,Director of Public Works;Robert Pfeil, Village Planner;Greg Summers,Assistant Village Planner;and Carmen Molinaro,Director of Golf Operations. APPROVAL OF MINUTES Moved by Kahn,seconded by Glover,to approve the minutes of the December 15,2003 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#996 Mr.Anderson read Warrant#996. Moved by Trilling,seconded by Kahn,to approve Warrant#996 in the amount of $1,696,926.33,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. NEW YEAR'S GREETINGS On behalf of the entire Board,President Hartstein extended wishes for a healthy and happy new year to all residents, and noted that,as we are proud of our accomplishments of the past year,it is fitting that Money magazine again recognized Buffalo Grove as one of the best places in the country to live and raise a family. FIRE DEPARTMENT AWARDS Chief Sashko explained the poster contest that is held for elementary age children each year during Fire Prevention Week. Public Education Officer Skip Hart had each of the contest winners come forward as their posters were shown on the screen and they were presented with a metal fire helmet bank and congratulated by the audience and the Board. Chief Sashko then reviewed the Fire Department Open House,and thanked everyone involved in the planning and preparation for the open house. Two businesses that have been particularly involved in the open house for all the years that it has been staged are Long Grove Confectionery and American Fire&Safety,and Chief Sashko read plaques to be presented to these businesses thanking them for their help in showcasing the fire department to the public. President Hartstein declared a recess from 7:46-7:48 P.M. 11446 1/5/04 LIMELIGHT CAFE Trustee Berman announced that the Arts Commission is coordinating a Limelight Café program for young adults between 14-21 on February 20,2004 at eSkape. NEW STATE LAWS Trustee Braiman reviewed several of the new laws enacted by the State Legislature which took effect on January 1, 2004,specifically the laws regarding child booster seats,driving restrictions for new drivers,and driving in the left lane only to pass. CONCERTS President Hartstein announced several concerts that will be shown on Channel 6. BUFFALO GROVE GOLF CLUB REMODELING Mr. Anderson presented a status update on the Buffalo Grove Golf Club washroom facility remodeling,as detailed in his memo to Mr.Balling of December 30,2003. PUBLIC HEARING—APPROPRIATION ORDINANCE GOLF CLUBS President Hartstein called the Public Hearing to order at 7:55 P.M. Mr.Anderson reviewed the purpose of the Appropriation Ordinance and this Public Hearing,noting that Notice of Public Hearing was published in the Daily Herald on December 19,2003. President Hartstein asked if there were any questions or comments from other agencies,members of the public or this Board;there were none. At 7:56 P.M.,President Hartstein continued the Public Hearing until such time as the ordinance is considered later on in the meeting. PUBLIC HEARING—6 LINDEN AVENUE President Hartstein called the Public Hearing for the annexation proposal for the property at 6 Linden Avenue owned by James J. and Retta E. Schanaberger to order at 7:56 P.M. This Public Hearing was continued from December 15,2003 President Hartstein asked if there were any questions or comments from other agencies,members of the public or this Board;there were none. At 7:57 P.M.,President Hartstein continued the Public Hearing until such time as the ordinance is considered later on in the meeting. PUBLIC HEARING—18 LINDEN AVENUE President Hartstein called the Public Hearing for the annexation proposal for the property at 18 Linden Avenue owned by Robert G. and Nancy J.Browning to order at 7:57 P.M. This Public Hearing was continued from December 15,2003 President Hartstein asked if there were any questions or comments from other agencies,members of the public or this Board;there were none. At 7:58 P.M.,President Hartstein continued the Public Hearing until such time as the ordinance is considered later on in the meeting. 11447 1/5/04 PUBLIC HEARING—22 LINDEN AVENUE President Hartstein called the Public Hearing for the annexation proposal for the property at 22 Linden Avenue owned by Eduardo and Apolonia Granados to order at 7:58 P.M. This Public Hearing was continued from December 15,2003 President Hartstein asked if there were any questions or comments from other agencies,members of the public or this Board;there were none. At 7:59 P.M.,President Hartstein continued the Public Hearing until such time as the ordinance is considered later �•/ on in the meeting. PUBLIC HEARING—WEBER GRILL President Hartstein called the Public Hearing for the annexation proposal for the Weber Grill to order at 7:59 P.M. This Public Hearing was continued from December 15,2003 President Hartstein asked if there were any questions or comments from other agencies,members of the public or this Board. Robert Sherman,resident,stated his reasons for disagreeing with the rebating of the sales tax for this property,and he asked that the Board delete that portion of the Annexation Agreement that rebates sales tax to the Weber Grill;he also disagrees with the provision that provides assistance for code corrections;he also asked that the one-year provision regarding occupancy limits be reduced. Scott Bludorn,228 Lincoln Terrace,agreed with Mr.Sherman's points,and he asked if other restaurants in the Village were contacted with regard to this sales tax rebate. President Hartstein responded to both gentlemen. At 8:10 P.M.,President Hartstein continued the Public Hearing until such time as the ordinance is considered later on in the meeting. QUESTIONS FROM THE AUDIENCE Rob Sherman,resident,asked that groups practicing discrimination against atheists and gays not post the Colors. 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. Trustee Trilling requested that Item XI.,E.be removed form the Consent Agenda. Moved by Glover,seconded by Braiman to approve the Consent Agenda. ORDINANCE NO.2004-1—University Court Motion to approve Ordinance No. 2004-1,changing a portion of University Drive to University Court. ORDINANCE No.2004-2—Cambridge Court Motion to approve Ordinance No.2004-2,changing a portion of Cambridge Drive to Cambridge Court. 11448 1/5/04 RESOLUTION NO.2004-1—Conveyance of Real Estate Motion to approve Resolution No.2004-1,Approving a Conveyance of Real Estate to the People of the State of Illinois for Highway Purposes,regarding: IL Route 22,Section:IL Route 83 to US Route 45/IL Route 21,County: Lake County,Job No.:R-91-005-01,Parcel No.: IDH0100&TE RESOLUTION NO.2004-2—Conveyance of Real Estate Motion to approve Resolution No.2004-2,Approving a Conveyance of Real Estate to the People of the State of Illinois for Highway Purposes, regarding: IL Route 22,Section:IL Route 83 to US Route 45/IL Route 21,County: Lake County,Job No.:R-91-005-01,Parcel No.: IDH0013 RESOLUTION NO.2004-3—Conveyance of Real Estate Motion to approve Resolution No.2004-3,Approving a Conveyance of Real Estate to the People of the State of Illinois for Highway Purposes regarding: IL Route 22,Section: IL Route 83 to US Route 45/IL Route 21,County: Lake County,Job No.:R-91-005-01,Parcel No.: IDH0103&TE BUFFALO GROVE GOLF CLUB AND THE ARBORETUM CLUB—Professional Service Agreement Motion to approve the Professional Service Agreement for the marketing,public relations,and training services for the Buffalo Grove Golf Club and the Arboretum Club. BELMONT VILLAGE—Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for Belmont Village. Upon roll call,Trustees voted on the Consent Agenda. AYES: 6—Braiman,Glover,Berman,Johnson NAYS: 0—None Motion declared carried. Upon roll call,Trustees voted on the Consent Agenda. AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-3—6 LINDEN AVENUE—ANNEXATION AGREEMENT Moved by Berman,seconded by Johnson,to pass Ordinance#2004-3 approving an Annexation Agreement for the Schanaberger property,6 Linden Avenue,in accordance with the testimony given at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-4—18 LINDEN AVENUE—ANNEXATION AGREEMENT Moved by Berman,seconded by Johnson,to pass Ordinance#2004-3 approving an Annexation Agreement for the Browning property, 18 Linden Avenue,in accordance with the testimony given at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: 11449 1/5/04 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. At 8:22 P.M.,President Hartstein adjourned the Public Hearings for the properties at 6, 18,and 22 Linden Avenue. ORDINANCE#2004-5—22 LINDEN AVENUE—ANNEXATION AGREEMENT Moved by Berman,seconded by Braiman,to pass Ordinance#2004-5 approving an Annexation Agreement for the Granados property,22 Linden Avenue,in accordance with the testimony given at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-6—WEBER GRILL—ANNEXATION AGREEMENT President Hartstein asked if there were any further comments with regard to the Weber Grill;there were none. President Hartstein adjourned the Public Hearing relating to the Weber Grill at 8:23 P.M. Moved by Berman,seconded by Kahn,to pass Ordinance#2004-6,approving an Annexation Agreement for the Weber Grill restaurant,920 Milwaukee Avenue and 927 Prague Avenue,in accordance with the testimony given at the Public Hearing and the materials contained in Board packets. Several Trustees acknowledged Mr. Sherman's comments and noted that the Weber Grill is an extremely successful business that has been operating in the County for quite some time;they do not need to annex to the Village;they do not need to make any changes in order to continue serving their patrons;the Village approached Weber Grill suggesting annexation as an opportunity to increase sales tax revenue for the Village;this is a very positive financial agreement for the Village;the dollars devoted to helping this business connect to Village water and sewer is a small portion of what the business will actually need to spend to connect to the system. Mrs.Neukirch responded to Trustee comments and reviewed the contents of this Agreement. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,President Hartstein NAYS: 1 —Johnson Motion declared carried. ORDINANCE#2004-7—6 LINDEN AVENUE-ANNEXATION Moved by Berman,seconded by Johnson,annexing the Schanaberger property at 6 Linden Avenue,in accordance with the testimony at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-8—18 LINDEN AVENUE-ANNEXATION Moved by Berman,seconded by Johnson,annexing the Browning property at 18 Linden Avenue,in accordance with the testimony at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: 11450 1/5/04 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-9—22 LINDEN AVENUE-ANNEXATION Moved by Berman,seconded by Johnson,annexing the Granados property at 22 Linden Avenue,in accordance with the testimony at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. Mr.Balling confirmed that the same offer for annexation has been made to all residents that are contiguous to Buffalo Grove. ORDINANCE#2004-10—WEBER GRILL-ANNEXATION Moved by Berman,seconded by Johnson,to pass Ordinance#2004-10,annexing the Weber Grill restaurant,920 Milwaukee Avenue and 927 Prague Avenue,in accordance with the testimony given at the Public Hearing and the materials contained in Board packets. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-11—6 LINDEN AVENUE—ZONING Moved by Berman,seconded by Glover,to pass Ordinance No. 2004-11,zoning the property at 6 Linden Avenue in the Residential Estate District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-12—18 LINDEN AVENUE-ZONING Moved by Berman,seconded by Glover,to pass Ordinance No.2003-12,zoning the property at 18 Linden Avenue in the Residential Estate District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-13—22 LINDEN AVENUE-ZONING Moved by Berman,seconded by Johnson,to pass Ordinance No.2004-13,zoning the property at 22 Linden Avenue in the Residential Estate District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11451 1/5/04 ORDINANCE#2004-14—WEBER GRILL—ZONING Moved by Berman,seconded by Glover,to pass Ordinance#2004-14,zoning the Weber Grill restaurant,920 Milwaukee Avenue and 927 Prague Avenue in the B-3 District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-15—TAX ABATEMENT Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. In answer to a question from Trustee Berman,Mr.Brimm confirmed that these are taxes that were paid by the Special Service Area tax payers for the purpose of retiring these obligations;the generally taxed population is not subsidizing these abatements. Moved by Johnson,seconded by Glover,to pass Ordinance#2004-15,abating Special Service Area Taxes levied for the Village of Buffalo Grove,Cook and Lake Counties,Illinois. AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-16—SERVICE OCCUPATION TAX Mr.Brimm reviewed the proposed ordinance,details of which are contained in his memo to Mr.Balling of December 5,2003. Trustee Johnson stated that,although he is firmly against raising taxes,the proposed tax would not burden property owners,but would be spread out to those who shop in the community;he confirmed with Mr.Brimm that the Village has trimmed operations so that the Corporate Fund growth has a net increase of zero. Trustee Johnson asked that the date of January 1,2007 in Section 4.be changed to read"reviewed by the Village's Corporate Authority and a mandatory vote of the Corporate Authority shall be required to continue the tax in effect" or similar verbiage drafted by the Village Attorney. Since this is a stopgap measure,the only way that he would approve a sales tax increase would be under these circumstances. Moved by Johnson,seconded by Braiman,to amend Ordinance#2004-16,amending Chapter 3.40,Home Rule Municipal Retailers and Service Occupation Tax,of the Village of Buffalo Grove Municipal Code,with language drafted by the Village Attorney as proposed by Trustee Johnson. In answer to a question from Trustee Braiman,Mr.Brimm stated that the January 1,2007 date was picked to allow enough time to monitor the trending of this measure. Trustee Braiman stated that he would like to change the date to January 1,2005 or 2006. Trustee Berman stated that this is a process that has continued for a number of years where that Board and staff have worked very hard to reduce spending and to find appropriately fiscally meaningful to apply reserves to help pare down the cost of government to residents. The Village portion of the total property tax bill is 7-8%of the total bill; the remainder of the bill is from taxing bodies other than the Village of Buffalo Grove. The proposed increase will be less of a burden to residents than would raising property taxes. Trustee Johnson amended the amendment to change the date in Section 4.to January 1,2006;Trustee Braiman seconded the amendment. Upon roll call,Trustees voted as follows: \--/ ..1 11452 1/5/04 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. Moved by Kahn,seconded by Braiman,to pass Ordinance#2004-16,amending Chapter 3.40,Home Rule Municipal Retailers and Service Occupation Tax,of the Village of Buffalo Grove Municipal Code,as amended. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-17—TAX ABATEMENT Mr.Brimm reviewed the proposed abatement ordinance. Moved by Johnson,seconded by Trilling,to pass Ordinance#2004-17,abating taxes levied for the Village of Buffalo Grove,Cook and Lake Counties,Illinois in the amount of$1,482,544.00. Trustee Berman pointed out that this puts the weighted Village property tax rate before that of 1978,and what is actually providing the pressures on the tax rate is unfunded mandates from the State,particularly with regard to pension funds. Trustee Johnson confirmed that the only growth in the Corporate Budget for the coming year is in those mandates that have been enacted by the State. Those matters over which the Village has control have not increased at all,and in one case,have decreased by$42,000.00. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-18—GOLF APPROPRIATIONS Moved by Johnson,seconded by Berman,to pass Ordinance#2004-18,establishing appropriations for the Village of Buffalo Grove Golf Club and Arboretum Golf Course Funds for the period January 1,2004 through December 31, 2004. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-19—1540 BUNESCU COURT Mr.Balling reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Schar. Moved by Johnson,seconded by Braiman,to pass Ordinance#2004-19,granting a variance to the Zoning Ordinance,Section 17.36.030,pertaining to Additional Regulations—Parking for 1540 Bunescu Court,Thomas and Linda Roemer. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11453 1/5/04 BUFFALO GROVE BANK&TRUST Amy Kurson,attorney for the petitioner, introduced the team present tonight;and made a presentation to the Board reviewing the background of Wintrust Financial Corporation,as well as the plan being proposed for the site. Richard Rushkewicz,President of Northbrook Bank&Trust,thanked Mr. Balling and the staff for all of their assistance during this process;he then presented a profile of the company. Trustee Johnson thanked the petitioner for the presentation;if this does proceed to a referral,he definitely wants to see a thorough and detailed traffic study. Mr.Rushkewicz responded that this is already in process. Trustee Braiman noted that he believes a variation may still be needed for the parking;he also asked that they be sensitive to the property owner to the south of the site so that the cars stacked for the drive-through do not impose upon that residence. Moved by Braiman,seconded by Trilling,to refer the proposed Buffalo Grove Bank&Trust,a proposed Wintrust Financial Corporation facility,Southwest corner of Buffalo Grove Road and Old Checker Road,to the Plan Commission for review. Trustee Berman thanked the petitioner for the presentation;he stated that he had received an e-mail from a resident on Manchester Drive asking that Manchester Drive be included in the traffic study;he also noted that he knows this is a class operation,however,he does question the need for another bank and cautioned that they will need to prove that there is a need,and a market,and that this is a proper use of these properties;he also believes that it is important to at least develop a concept plan including the parcels to the south. Trustee Berman also stated that one of his concerns with the proliferation of banks in this community is what is going to happen to the properties when they start closing,and he would ask that this issue be addressed at the Plan Commission. Trustee Kahn agrees with the comments already expressed;he does think the property in Northbrook is well done, and he would expect that same quality with this site;he believes this will be a nice opportunity to bring this parcel together;he likes the fact that the curb cuts are minimized. Trustee Trilling would like to see them pursue the three parcels to the south to tie everything together. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. SECURITY IMPROVEMENTS Trustee Trilling explained why he asked that this item be removed from the Consent Agenda,as he is concerned that the improvements do not provide a friendly atmosphere to residents visiting Village Hall. Trustee Trilling would like to eliminate the glass screening being used at the counter in Finance&General Services and also Building& Zoning,and asked staff to pursue a deductive alternate in the bid specifications covering that request. Moved by Johnson,seconded by Kahn,to authorize bid for Village Security Improvements Project,subject to Trustee Trilling's recommendation. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11454 1/5/04 ADJOURNMENT Moved by Johnson,seconded by Kahn,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:38 P.M. Jan�E 1Vt.Sirabian,Village Clerk APPROVED BY ME THIS / DAY OF 004 Village President