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2004-05-03 - Village Board Regular Meeting - Minutes 11491 5/3/04 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,MAY 3,2004 CALL TO ORDER President Hartstein called the meeting to order at 7:34 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Johnson,Kahn and Trilling. Trustee Berman was absent. 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;Richard Kuenkler,Village Engineer;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;Fire Chief Sashko; Police Chief Balinski; Sergeantl Kristiansen;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Johnson, seconded by Glover,to approve the minutes of the April 19,2004 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. WARRANT#1004 Mr.Tenerelli read Warrant#1004. Moved by Glover,seconded by Johnson,to approve Warrant#1004 in the amount of $1,204,093.37 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. COMMISSION APPOINTMENTS President Hartstein made the following appointments to Village Commissions,with all terms to expire 4/30/05: Arts Commission Linda Rosen;Chairman,Marilyn Alaynick,Lori Boxer,Bonnie Gold,Sandy Greenberg,Barbara Herman,Robyn Kove, Susan Mann,Gayle Pervos,Lynne Schneider,Ilene Strauss,Michele Taxe,Fred Weissman Board of Fire&Police Gregory Jackson,Chairman;Chairman,Robert Anderson,Ernest Karge,Kelvin Lane,Brian Rubin Board of Health Mark Heiss,Chairman;Harry Goldberg,Mary Jo Jasinski,Joajn Kuffel,Brian Smart,Gary Stone,Byron Wigodner 11492 5/3/04 Commission for Residents with Disabilities Richard Kahen,Chairman;Dennis Dumrauf,Susan Holm, Dean Klassman,David Morton,Kenneth Slaw,Beverly Sussman,Debbie Versno,Mark Weiner Community Blood Donor Commission Paige Donnelly,Chairman;Arlete Johnson,Kelly Lerman,Doug Pitchford,Jinjin Sanford,Elena Scott Electrical Commission Greg Buss,Jr.,Harold Kabb,Wayne Kowalski,George Laegeler E.S.D.A. Paul Soucy,Director;Bruce Diamolnd,David Morton,Roger Remblake,Paul Zucker Plan Commission Lester Ottenheimer,Chairman;Denise Bocek,Matther Cohen,Susan Kenski- Sroka,Zill Kahn,Michael Samuels,Eric Smith,Barry Stark,Howard Teplinski Police Pension Board Jeffrey Feld,Robert Greenberg,Arthur Voigt Youth Commission Jonathan Attenberg,Marah Attenberg,Breck Fresen,Perri Kofkin,David Levinson,Lonnie Pervos Zoning Board of Appeals Bruce Entman;Chairman,Lisa Dunn,Jeffrey Horwitz, Scott Lesser,Steven Sandler,Sara Stolberg,Louis Windecker Moved by Glover,seconded by Johnson,to concur with President Hartstein's appointments. Upon roll call, Trustees voted as follows: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. MUNICIPAL CLERK'S WEEK President Hartstein read a Proclamation recognizing the week of May 2-8,2004 as the 35th Annual Municipal Clerk's Week in the Village of Buffalo Grove,and especially thanked and congratulated the Janet Sirabian upon her 256 year serving Buffalo Grove as Village Clerk LEGISLATIVE DAY President Hartstein reported on his attendance at Legislative Day in Springfield,which was sponsored by the Illinois Municipal League. TRUSTEE REPORTS Trustee Johnson reported that Buffalo Grove has received the Traffic Safety Award for the State of Illinois in recognition of being in 1st place among municipalities of its size for its efforts in enforcing safety laws,traffic safety regulations and the innovative steps the Department has taken to make our community a safer place. Trustee Johnson noted that Metra will be closing Deerfield Parkway at the railroad crossing for a period of two weeks beginning May 11,2004 in order to install a second track as part of the ongoing North Central Line double-tracking process. Although this closure is mandated by Metra,the Village of Buffalo Grove will do everything possible to ease traffic situations. Mr.Brinun and Corporal Kristiansen also commented on this closure,and answered questions from the Board. 11493 5/3/04 Trustee Trilling reported that the hearing of the Special Committee on the Illinois State Tollway Authority was held at Village Hall on April 23,2004,and,on behalf of Trustee Berman,he thanked everyone who attended the meeting expressing support for the Route 53 extension,as well as the newspapers for articles that were written. Trustee Trilling reported that the Bike Rodeo will place on May 8,2004 at the Skate Park facility located at Busch Grove Park. SENIOR AWARD President Hartstein noted special recognition to Phyllis Brooks,a volunteer in our community at the Police Department,who was honored by the Cook County Sheriff at the recent Senior Award Ceremony;he thanked and congratulated Phyllis Brooks on this honor. PUBLIC WORKS ACCREDITATION Mr.Balling noted the work that has been done by the Public Works Department to attain accreditation to meet the national standards of the American Public Works Association. CAMBRIDGE COUNTRYSIDE Mr.Balling reviewed the staff recommendation for street resurfacing in the Cambridge Countryside Subdivision. Moved by Johnson,seconded by Glover,to approve the staff recommended change in scope for the road improvement reviewed by Mr.Balling. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. PUBLIC HEARING—ASAP SOFTWARE President Hartstein opened the Public Hearing at 8:11 P.M.,and swore in witnesses to give testimony. Bruce Hubart,attorney for the petitioner,reviewed the request for annexation,details of which are contained in the Village Board Meeting Agenda Item prepared by Mr.Pfeil. Mr.Hubart also thanked Village staff for their assistance in moving this project along. Mr.Balling also reviewed the agenda that has taken place regarding ASAP Software. Mr.Raysa reviewed modifications to the agreement which are contained in Mr.Pfeil's e-mail to the Board dated May 3,2004. Mr.Raysa stated that the original Annexation Petition has been received and is correctly executed and has been turned over to the Village Clerk. Mr.Raysa noted that the ordinance approving the Annexation Agreement will be heard tonight,and once ASAP fulfills their contract to purchase,they will notify the Village and the Village will then annex and zone the property. The Annexation Agreement before the Board tonight is dated 5/3/04 in the upper left hand corner. At 8:20 P.M.,President Hartstein continued the Public Hearing until later on in this meeting 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 then read a brief synopsis of each of the items on the Consent Agenda. 11494 5/3/04 Moved by Braiman,seconded by Glover to approve the Consent Agenda AUDIT—Buffalo Grove Golf Club&Arboretum Golf Course Motion to accept the calendar yegar ended 12/31/03 Audit for the Buffalo Grove Golf Club and the Arboretum Golf Course. MARISTAL RESUBDIVISION—LOT 2—(1370 Abbott Court)—DIA Motion to approve the Maristal Resubdivision—Lot 2(1370 Abbott Court)Development Improvement L./ Agreement. 2004 SIDEWALK PROJECT—Award of Bid Motion to award the bid to Suburban Concrete,Inc. for the 2004 Sidewalk Project. 2004 BIKE PATH&PARKING LOT IMPROVEMENT PROJECT—Award of Bid Motion to award the bid to Performance Paving,Ltd.,for the 2004 Bike Pathy&Parking Lot Improvement Project. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1—Berman Motion declared carried. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience;there were none. PARKING—COLUMBIAN GARDENS Moved by Johnson,seconded by Kahn,to pass Ordinance#2004-45,amending Title 10 of the Village of Buffalo Grove Municipal Code(No Parking throughout the Columbian Gardens Residential Subdivision— Marquette Place,Columbus Parkway,Prague Avenue,south side of Linden Avenue,and north and west portions of Chevy Chase Drive). Mrs.Neukirch made a presentation with regard to the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Paul Trana,a resident of Columbian Gardens,reviewed the parking situation that has occurred over past years in their neighborhood,and stated that parking has never been a major problem. Andy Stein,a resident of Columbian Gardens,did note that he is in favor of the proposed ordinance. Trustee Johnson noted for the record that he is the attorney for Vernon Township. Because of some new information received,it was moved by Johnson and seconded by Glover to defer action on this issue until the May 17,2004 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. 11495 5/3/04 ORDINANCE#2004-45—VEHICLE SEIZURE Moved by Johnson,seconded by Kahn,to pass Ordinance#2004-45,adding Chapter 10.20,Vehicle Seizure and Impoundment to the Village of Buffalo Grove Municipal Code,details of which are found in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch and Chief Balinski. Trustee Johnson summarized the proposed ordinance and noted that he believes it is a good ordinance and he is very much in favor of it. Trustee Braiman is in favor of the proposed ordinance,and noted that he would like to see it go even further. Chief Balinski responded to Trustee Braiman's request. After further discussion,Trustee Braiman asked that the motion be amended to bring the issue back for review six months after the effective date of the ordinance,which is 6/1/04. Trustees Johnson and Kahn agreed to Trustee Braiman's suggestion. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE#2004-46—ADMINISTRATIVE HEARING Moved by Johnson,seconded by Kahn,to pass Ordinance#2004-46,adding Chapter 2.62,Village Administrative Hearing System,to the Village of Buffalo Grove Municipal Code,consistent with the materials presented to the Board in the Village Board Meeting Agenda Item Overview prepared by Mrs. Neukirch and Chief Balinski. For clarification purposes,Mr.Raysa suggested the following language change to Section 2.62.070, Subsection A.: Service of any Violation Notice,unless otherwise prescribed,shall be made as follows: Trustees Johnson and Kahn amended the motion to include Mr.Raysa's language addition. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE#2004-47—ASAP SOFTWARE Moved by Trilling,seconded by Kahn,to pass Ordinance#2004-47,approving an Annexation Agreement for ASAP Software concerning the property west of 850 Asbury Drive President Hartstein closed the Public Hearing at this time. For the record,Trustee Trilling noted that his firm does business with Laidlaw Transit,the owner of this property. Upon roll call,Trustees voted as follows on the motion: 11496 5/3/04 AYES: 6 —Braiman,Glover,Johnson,Kahn,Trilling,President Hartstein NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE#2004-48—ETHICS ACT President Hartstein reviewed the proposed ordinance. Moved by Braiman, seconded by Johnson,to pass Ordinance#2004-48,implementing the provisions of the State Officials and Employees Ethics Act(5 ILCS 430/1-1 et. seq.)in the Village of Buffalo Grove,details of which are found in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm. After clarification by Mr.Raysa,Trustees voted as follows on the motion: AYES: 5 —Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. COMPREHENSIVE PLAN Mrs.Neukirch made a presentation to the Board on the Comprehensive Plan update,details of which may be found in the Village Board Meeting Agenda Item Overview that she prepared. EXECUTIVE MEETING Moved by Braiman,seconded by Trilling,to move to Executive Meeting to discuss Land Acquisition and Litigation. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 0—None ABSENT: 1 -Berman Motion declared carried. The Board moved to Executive Meeting from 9:00-9:20 P.M. ADJOURNMENT Moved by Kahn,seconded by Johnson,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:20 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS Jli DAY OF e ,2004 CO Village President