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2004-04-12 - Village Board Special Meeting - Minutes 11479 4/12/04 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,APRIL 12,2004 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,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;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;Richard Kuenkler,Village Engineer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Johnson,to approve the minutes of the March 15,2004 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYS: 0—None ABSTAIN: 1 —Kahn Motion declared carried. WARRANT#1002 It was moved by Trustee Johnson and seconded by Braiman to amend the agenda to have a brief Executive Meeting at this point. President Hartstein stated that he does not see the need for the Executive Meeting since he is willing to answer any questions on the warrant in open session and he does not wish to inconvenience the public by going into Executive Meeting. Mr.Raysa ruled that the reason for the Executive Meeting does not fall under approved exceptions for an Executive Meeting, and would therefore be inappropriate. Trustee Johnson withdrew the motion. Mr.Tenerelli read Warrant#1002. Moved by Johnson, seconded by Kahn,to divide the question,and to approve all expenditures with the exception of item six on page four. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. Moved by Johnson,seconded by Berman,to approve Warrant#1002 as divided,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: 11480 4/12/04 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. Moved by Johnson,seconded Kahn,to table the expense in question until the next meeting when there is a lighter agenda. President Hartstein explained the details of this expense,noting that he would be happy to answer any questions that Board members might have. Upon roll call,Trustees voted as follows on the motion to table: AYES: 4—Berman,Johnson,Kahn,Trilling NAYS: 2—Braiman,Glover Motion declared carried. PROCLAMATIONS President Hartstein read from a proclamation establishing the month of April as Child Abuse Awareness Month, and urged every person who impacts a child's life to be more aware of child abuse and work together towards protecting children from harm and ensure them a chance for a safe and positive future. President Hartstein read from a proclamation declaring May 12, 2004 as a day of recognition of the 16th Annual Senior Celebration Day,and called upon the residents of High School District 214 and the Village of Buffalo Grove to recognize and celebrate the bonds they have discovered,the partnership they have formed,and the sense of community they have strengthened through community education programs. President Hartstein read from a proclamation declaring April 30,2004 as Arbor Day in the Village of Buffalo Grove,and called upon all citizens and civic organizations to support efforts to protect our trees and woodlands and to support our Village Urban Forestry Program. After President Hartstein introduced Vernon Area Public Library Director Allan Meyer and George Goldstein, President of the Vernon Area Public Library Board,he read a proclamation honoring the Vernon Area Public Library as it marks its 30th Anniversary and encouraged the community of Buffalo Grove to share in the April 18, 2004 celebration fair marking the occasion. SYMPHONIC BAND CONCERT Trustee Berman noted that the spring Symphonic Band Concert will take place on Sunday,May 16,2004 at Stevenson High School. BUFFALO GROVE FINE ART FESTIVAL Trustee Berman reported that the Buffalo Grove Invitational Fine Art Festival will take place on July 17-18,2004 at the Buffalo Grove Town Center,and added that anyone interested in volunteering should contact the Village Manager's office by April 30,2004. ROUTE 53 Trustee Berman announced there will be a Route 53 hearing hosted by the State of Illinois at the Buffalo Grove Village Hall on Friday,April 23,2004 at 10:00 A.M. BLOOD DRIVE Trustee Kahn recapped the results of the March 13,2004 blood drive,and noted that the next drive will be on Saturday,June 12,2004 at the Alcoa Center,and urged residents to come out and donate at that time. 11481 4/12/04 SURVEY Trustee Kahn stated that there will be a survey distributed by the Commission for Residents with Disabilities to go out with the water bills,and he urged everyone to take a few moments to fill out the survey and return it to the Village Hall. LIMELIGHT CAFE Trustee Trilling presented a brief background on the Limelight Café,and noted that the next event will be held on Friday,April 30,2004 and urged those 14-19 to attend. COMMISSION ANNUAL REPORTS Mr.Brimm made a presentation on the Volunteer Committee/Commission Annual Reports,details of which are contained in his memo to Mr.Balling of March 22,2004. Trustee Kahn thanked all of the commissioners for the countless hours that are donated to these commissions in order to enhance the quality of life in the Village. President Hartstein echoed Trustee Kahn's thanks and appreciation,and encouraged anyone interested in volunteering to obtain a Talent Bank application from the Clerk's office. PUBLIC HEARING—METRA COMMUTER RAIL FACILITY President Hartstein called the Public Hearing to order at 7:52 P.M.,and swore in Mr.Brimm to give testimony. Mr.Brimm reviewed the proposed annexation,details of which are found in the Notice of Public Hearing that was published in the Daily Herald on March 27,2004;he referred to Exhibit B to the Annexation Agreement. President Hartstein asked if there were any other public bodies,members of the audience,or Board members who wished to comment;there were none., President Hartstein closed the Public Hearing at 7:55 P.M. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on the agenda;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 Berman,seconded by Johnson to approve the Consent Agenda. POLICE PURSUIT VEHICLES—Final Action Motion to approve the Final Action after the fact—authorization to purchase police pursuit vehicles. POLICE DEPARTMENT LIGHT DUTY PICK-UP—PURCHASE Motion to approve the authorization to award purchase contract for Police Department Ford F-150 light duty pickup and waive bidding requirements to accept Illinois Department of Central Management Services Contract Pricing. 11482 4/12/04 PERMIT RIDER—Wireless Communication Motion to approve the recommendation of KMC Telecom V inc.permit rider for construction of certain wireline telecommunications facilities in the ROW along Arlington Heights Road and Nichols Road. NIMINSKI SUBDIVISION—Plat of Subdivision and DIA Motion to approve the Final Plat of Subdivision and Development Improvement Agteement for Niminski Subdivision. `./ Upon Roll Call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman, Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-37—JOY OF THE GAME Moved by Berman,seconded by Johnson,to pass Ordinance#2004-37, approving a special use for a recreational facility in the Industrial District,Joy of the Game Baseball and Softball Academy, 1455 Busch Parkway in accordance with items contained in Board packets for tonight's meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-38—ALCOTT CENTER Moved by Berman, seconded by Glover,to pass Ordinance#2004-38,approving a Preliminary Plan for a parking lot expansion,Alcoa Center,530 Bernard Drive. Marc Schwartz,attorney for the Park District,made a presentation on their behalf,during which he reviewed the request of the Park District. Mr. Schwartz emphasized that both the Village Engineer and the engineer for the Park District have given the opinion that there will be no impact on the White Pine Ditch. All of the water will be maintained on the Park District site;there will be no run-off into the ditch;it will be self-contained;and the expansion will not create any work on,in,or near the floodway. Mr.Kuenkler stated that he has no concerns about the ditch or the surrounding homes. In answer to a question from Trustee Johnson,Mr. Schwartz stated that the Park District did its own internal study of the use of the property and the peak times and the need for additional parking, and noted that the Park District would not spend the funds necessary to build this lot if there were not a dire need for it,and it is not possible to rearrange programming to avoid the peaks that result in the need for this parking. David Borenstein,259 Cottonwood Road,presented a lengthy statement noting reasons why this proposal should not be approved, at the end of which he declared that,if this is approved,he will file a preliminary injunction in the Chancery Division of the Circuit Court of Cook County,and then proceed to the Cook County Appellate Court in order to protect his neighbors and himself. Mr. Balling commented on the information that went out in Board packets with regard to this issue. Steve Blalock,211 Cottonwood,expressed concern over adding this amount of impervious surface. President Hartstein,on behalf of the Board,emphasized that the Board takes these types of projects very seriously in terms of balancing the interests of the community versus the interests of a developer or any other public body;the Board is very concerned with making sure that there is nothing that will adversely affect residents. 11483 4/12/04 Mr.Green stated that the amount of detention being provided is oversized by more than 30%. Mr.Kuenkler stated that the stormwater will not be released from the detention any more quickly than would have been released from this property to the ditch had the impervious surface not been constructed. President Hartstein stated that the Village remains committed to dealing with the flooding in that portion of the community. Trustee Trilling stated that,once the detention area is constructed,it will have the capacity to hold more water than what would have been held originally had the impervious area not been built,so it will actually improve the current conditions. John Green,referring to the Site Plan,stated that the reason they have requested the first variation,is to hold the parking lot surface as low as possible on the ground,to help minimize the visual impact to surrounding neighbors, and surrounding the parking lot on all sides that abut residential with berming and supplemental plantings. The second variation is with regard to underdrainage,which is intended for when a detention facility is of sufficient size that it could potentially be used for recreational activities,which would provide a large flat area on the bottom, and the underdrainage would be necessary in order to minimize the amount of time that the area would be unusable for recreational purposes. The proposed detention is designed so that it does not have a flat bottom and therefore it does not need the underdrainage. Mr.Raysa stated the Public Hearing was held for the purpose of review of the Preliminary Plan pursuant to the Development Ordinance and because of the two variations. If the Village Board was to refuse approval of the proposal,the Park District could build a parking lot that would meet Village code,including the Development Ordinance,they would not need approval of the Village Board. They would still need approval of the Preliminary Plan because the Village has determined that the parking lot fits the defmition of development within the Development Ordinance,which requires the Public Hearing for the approval of the Preliminary Plan. In answer to a question from Trustee Braiman,Mr. Schwartz stated that there was no engineering testimony that would be contrary to the conclusion drawn by Mr.Kuenkler. Trustee Johnson stated that the difficult part for the Board is to balance many legitimate interests, in this case the Park District,the neighbors, seniors and others using the programs offered. The Park District has tried to construct more facilities at Busch Grove,but the referendum requests were denied by the voters. In this case,Trustee Johnson is not convinced that this is in the best interest of the community,and he will vote against the proposal. Trustee Braiman stated that he has continually asked the Park District to provide more parking at their facilities,and he thinks this is an appropriate use;if there was any substantial expert testimony indicating that this would have a negative impact on the neighborhood or the ditch,he would not hesitate to vote against the proposal. Donna Dae(????),stated that she goes to the senior center, and the staff parks there, and parents of children using the playground park there,as well as adults coming for classes,and more parking is desperately needed;more handicapped spaces are also needed,as there are seniors with canes and walkers who end up having to park on Bernard Drive and walk to the building. Plan Commissioner Samuels reported on the deliberations at the Plan Commission,stating that it was clear to the Commission from the testimony that there would be no impact on the flooding of local properties or the creek as a result of this development. Had there been any question about that,Mr. Samuels stated that he is sure that the vote would have been negative. Mr. Samuels also stated that,in all his years on the Plan Commission,he has never seen a time when Mr.Kuenkler has presented an opinion that was subsequently disputed by residents. The Commission relies greatly on the work that Mr.Kuenkler does,and in this case,he gave the opinion that there would be no impact,which affected the decision of the Commission. Trustee Berman asked if the plan as proposed meets the requirement for general compliance with the Village Comprehensive Plan. Mr.Pfeil stated that the Comprehensive Plan does designate this entire property for public open space,and,in his opinion, it is consistent with that element of the Comprehensive Plan. \.1 .J 11484 4/12/04 Trustee Berman asked if the plan as proposed meet the requirement for general compliance with the Development Ordinance; Mr.Kuenkler replied that it does. Both Mr.Pfeil and Mr.Kuenkler stated that they are not aware of any ordinances of the Village with which this plan is not in compliance. Trustee Berman asked Mr.Kuenkler if he believes that the plan as proposed maintains or improves the drainage characteristics of this particular site. Mr.Kuenkler replied that is what he believes. Trustee Berman asked Mr.Kuenkler if the plan as proposed meet the requirements of Subsection 2.of the requirements for approval of a Preliminary Plan. Mr.Kuenkler replied that he believes that it does. • Trustee Berman stated that the White Pine Ditch is something that must be addressed,but that is separate and distinct from the proposal before the Board at this time. Mr.Raysa reviewed an Illinois Supreme Court Case referred to by Mr.Borenstein,noting that the matter currently before the Village Board does not fit with that case because it was not a zoning or special use matter. Upon roll call,Trustees voted as follows on the motion: AYES: 4—Braiman,Glover,Berman,Trilling NAYS: 2—Johnson,Kahn Motion declared carried. ORDINANCE#2004-39—LIQUOR CONTROLS Moved by Kahn,seconded by Braiman,to pass Ordinance#2004-39,amending Chapter 5.20 Liquor Controls,Class A, Chevy Chase Country Club. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. COLUMBIAN GARDENS Mrs.Neukirch made a brief presentation to the Board,also reviewing a request from residents. Since the committee has not had a chance to review the request from the residents,Mrs.Neukirch suggested deferring this issue until the first meeting in May. Moved by Braiman, seconded by Johnson,to defer action on amending Title 10 of the Village of Buffalo Grove Municipal Code(No Parking throughout the Columbian Gardens Residential Subdivision—Linden Avenue, Marquette Place,Columbus Parkway,Prague Avenue and Chevy Chase Drive)until the May 3,2004 Regular Meeting. Andy Stein,Chevy Chase Drive,commented on the situation. President Hartstein suggested that Mr. Stein work with staff to incorporate his data into the recommendation. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11485 4/12/04 ORDINANCE#2004-40—WISCONSIN CENTRAL Moved by Glover,seconded by Berman,to pass Ordinance#2004-40,approving an Annexation Agreement for Wisconsin Central East Platform Area—Buffalo Grove Metra Commuter Rail Facility—Commerce Court/Deerfield Parkway,in accordance with information provided in Board packets. Trustee Berman commended Mr.Brimm and Mr.Raysa for all of their hard work in bringing this together and making this needed improvement move forward. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-41—WISCONSIN CENTRAL. Moved by Johnson,seconded by Berman,to pass Ordinance#2004-41,annexing the Wisconsin Central East Platform Area,Buffalo Grove Metra Commuter Facility,Commerce Court/Deerfield Parkway. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-42—WISCONSIN CENTRAL Moved by Berman,seconded by Kahn,to pass Ordinance#2004-42,zoning the Wisconsin Central East Platform Area,Buffalo Grove Metra Commuter Facility,Commerce Court/Deerfield Parkway. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. RESOLUTION#2004-8—2004-2005 FISCAL BUDGET Mr.Balling reviewed the changes made since this issue was last before the Board. Trustee Braiman appreciates the efforts made by staff to reduce non-essential items,but he thinks perhaps even more work could be done;he pointed out to staff that, even though an expense is budgeted,that does not mean that it has to be spent. Moved by Johnson,seconded by Trilling,to pass Resolution#2004-8,adopting the Fiscal 2004-2005 Budget for the Village of Buffalo Grove. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. BUFFALO GROVE INVITATIONAL FINE ART FESTIVAL Mrs.Neukirch made a presentation regarding the Letter of Understanding for the Buffalo Grove Fine Art Festival to be held July 17-18,2004,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared;she then answered questions from the Board. 11486 4/12/04 After some discussion,it was moved by Braiman,seconded by Berman,to approve the Letter of Understanding between the Village of Buffalo Grove and Amdur Production,Inc.for coordination of the 2004 Buffalo Grove Invitational—Fine Art Festival. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. Trustee Trilling noted the motorcycle parade which will be going through town at about the same time as the festival,and encouraged staff to work with both parties to ensure that problems do not occur. COMPREHENSIVE PLAN Moved by Johnson, seconded by Berman,to defer action on the Comprehensive Plan Update—Work Plan Proposal. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. EXECUTIVE MEETING Moved by Trilling, seconded by Johnson,to move to Executive Meeting to discuss Land Acquisition and Litigation. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. The Board moved to Executive Meeting from 9:35-10:12 P.M. 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 10:12 P.M. Ja M. Sirabian,Village Clerk APPROVED BY ME THIS DAY OF ,2004 /,-L -- ��J Village President