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2004-06-07 - Village Board Regular Meeting - Minutes 11505 6/07/04 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,JUNE 7,2004 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 arrived at 8:10 P.M. 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;Philip Versten,Communications Manager;Robert Pfeil, Village Planner;Greg Summers,Assistant Village Planner;Richard Kuenkler,Village Engineer;Police Chief Balinski;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Trilling,to approve the minutes of the May 3,2004 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. Moved by Johnson,seconded by Glover,to approve the minutes of 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. WARRANT#1006 Mr.Tenerelli read Warrant#1006. Moved by Trilling,seconded by Glover,to approve Warrant#1006 in the amount of $3,021,372.21 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. STEVENSON GYMNASTICS TEAM President Hartstein congratulated the Stevenson High School Boys' Gymnastics Team on winning their third consecutive IHSA State Championship this year. The team was congratulated by the audience and the Board as they came forward to receive commendations from the Village. COMMISSION APPOINTMENT President Hartstein appointed Gerilyn Miller-Brown to the Commission for Residents with Disabilities. Upon voice vote,the motion was unanimously declared carried. 11506 6/07/04 4TH OF JULY President Hartstein reminded residents that there will be fireworks,sponsored by Hamilton Partners,at 9:15 P.M.on the 4th of July,with a concert preceding at 7:00 P.M.by the Buffalo Grove Symphonic Band,and he urged everyone to take advantage of this free entertainment. RELAY FOR LIFE Trustee Glover reminded residents that this year's Relay for Life sponsored by the American Cancer Society will be held at Stevenson High School on June 12-13,2004,and she urged everyone to get involved in this important event. Both Buffalo Grove and Stevenson High School students are involved in planning this event, which makes our event very unique. President Hartstein also urged residents to stop and offer support even if not participating on a team. BUFFALO GROVE ARTS FESTIVAL Trustee Johnson reviewed the plans under way for the 3rd Annual Buffalo Grove Fine Arts Festival to be held at the Town Center on July 17-18,2004,and urged residents to make plans to attend. DEPUTY POLICE CHIEF Trustee Johnson congratulated Commander Jamie Dunne who will be promoted to Deputy Chief at 2:00 P.M. tomorrow at the Police Department. VILLAGE HALL HOURS The Village Clerk reminded everyone that the Village Hall no longer has hours of operation on Saturday morning, but instead will be open every Monday evening until 7:30 P.M. MEETING SCHEDULE Mr.Balling noted that the meeting schedule for the month of July will be changed,and the meetings will be held on July 12 and 26,2004,due to the July 4th holiday being on the first Monday. GFOA Mr.Balling noted that the Village has tendered its fmancial reporting audit to the Governmental Finance Officers of the United States and Canada,and from that submittal comes a very thorough evaluation on Excellence in Financial Reporting. The Village of Buffalo Grove has consistently received the Certificate of Achievement for Excellence in Financial Reporting. Mr.Balling congratulated and thanked Mr.Brimm and Mr.Anderson on this achievement,and noted that as Director of Finance,Mr.Brimm receives an award of his own. PUBLIC HEARING—BUFFALO GROVE BANK&TRUST President Hartstein called the Public Hearing for Buffalo Grove Bank&Trust to order at 7:50 P.M.,and swore in witnesses to give testimony. Notice of Public Hearing was published in the Daily Herald on May 22,2004. Amy Kurson,Greenberg Traurig,LLP,representing the petitioner,introduced the team associated with the development,and made a presentation explaining their proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Rich Rushkewicz,Northbrook Bank&Trust,outlined what has changed since the project was sent to the Plan Commission on January 5,2004. Mike Abruzzini,President of Buffalo Grove Bank&Trust,briefly introduced himself to the Board and the community. Diane Melichar,Geudtner&Melichar Architects,described how they improving are im rovin the site and referred to a rendering of the proposed facility;she also reviewed the variances that are being requested. 11507 6/7/04 Louay Aboona,Kenig,Lindgren,O'Hara,Aboona,Inc.,reviewed the traffic plan for the site. Ms.Kurson then summarized the legal standard that they are asking be applied to this case. President Hartstein asked if there were any comments from other public bodies or members of the audience. Trustee Berman arrived at this time. Rob Sherman,resident,asked what accommodations have been made for alternative use in case this proposal is not successful;he also noted that he does not believe that the parking is adequate,and he would like to see a specific site designated for overflow parking. Alvin Cohen, 140 Manchester Drive,asked that this proposal be postponed until the Turnberry development is completed to see what the traffic impact will be on Buffalo Grove Road. Trustee Johnson shares Mr.Cohen's concern with the use of the site;he does have an issue in terms of the overall site plan in that westbound traffic cannot turn left into the site off of Old Checker Road;he believes there should be a more extreme delineation of the right-in/right-out onto Old Checker Road;he also asked about the sight lines from the back of this building to the nearest residential structure in the subdivision to the west. Trustee Trilling noted a concern with the 45 degree angle parking Mr.Rushkewicz,Mr.Aboona,Ms.Melichar,and Greg Raymond responded to the questions raised,and noted that they will work with the Village to be sure that all concerns are addressed. Mr.Raysa noted for the record that the Annexation Agreement being presented to the public tonight pursuant to this Public Hearing is that Annexation Agreement entitled Buffalo Grove Bank&Trust Company,southwest corner of Buffalo Grove Road and Old Checker Road,draft dated in the upper left-hand corner of page one 5/28/04. At 8:27 P.M.,President Hartstein continued the Public Hearing until June 21,2004. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any 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. The Village Clerk then 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 Johnson to approve the Consent Agenda. Trustee Berman abstained on Ordinance No.2004-50. ORDINANCE No.2004-50—Commuter Station Parking Lot Fees Motion to approve Ordinance No.2004-50 amending Chapter 3.52,Municipal Commuter Station Parking Lot Fees, of the Village of Buffalo Grove Municipal Code. RESOLUTION No.2004-13—MFT Street Maintenance Program Motion to approve Resolution No.2004-13,2005 Villagewide Contractural Street Maintenance Program Motor Fuel Tax Resolution. RESOLUTION No.2004-14—MFT Design Engineering Services Motion to approve Resolution No.2004-14,approving an agreement for design engineering services for the 2005 Villagewide Contractural Street Maintenance Project 11508 6/07/04 FIFTH THIRD BANK—Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptanace&Approval for Fifth Third Bank. PORTABLE TOILET FACILITIES—Award of Contract Motion to approve the award of contract for Buffalo Grove Days portable toilet facilities. Upon Roll Call,Trustees voted as follows on the Consent Agenda: AYES: 6-Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-51—LIQUOR CONTROLS Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Representatives from Dominick's and Jewel reviewed the reason they are requesting approval of this ordinance, citing increased sales from overall sales,as well as liquor;they also explained the numerous safeguards that they will have in place to ensure that there will be no sales to underage customers. Moved by Braiman, seconded by Kahn,to pass Ordinance#2004-51,amending Section 5.20.135 A.,Liquor Controls,of the Village of Buffalo Grove Municipal Code,in accordance with the memo before the Board dated June 1,2004. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-52-CURFEW Moved by Johnson,seconded by Trilling,to pass Ordinance#2004-52,adding Chapter 9.68,Curfew,to the Village of Buffalo Grove Municipal Code. Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Trustee Berman clarified that the proposed ordinance is codifying the same provisions and conditions that currently exist under state law,except to provide the exception for First Amendment activities,therefore,the Board is not being any more restrictive than state law currently requires. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0-None Motion declared carried. COMCAST CABLE Rob Sherman explained the reason that he requested that this item be removed from the Consent Agenda,noting that he believes that the proposed ordinance is moving too fast because it proposes that the access facility in Palatine be closed,and he does not believe that there is a satisfactory alternative at this point;he would like to see this item be deferred until staff has a chance to work out these details. 11509 6/07/04 Dan Maloney,Comcast Cable,responded to Mr. Sherman's concerns. Moved by Johnson,seconded by Braiman,to defer action on amending the non-exclusive Cable Television Franchise of Comcast Communications until the June 21,2004 Regular Meeting. Upon voice vote,the motion was unanimously declared carried. FINANCIAL INSTITUTION MORATORIUM Mrs.Neukirch made a presentation to the Board with regard to the temporary moratorium on development of new banks and fmancial institutions in the Village's business districts,details of which are contained in the Village �./ Board Meeting Agenda Item Overview that she prepared. Board comments followed this presentation. EDWARD R.JAMES HOMES Mr.Balling introduced this proposal. Bernard Citron,attorney representing E.R.James Homes,purchaser of the Powernail property on Half Day Road, made a presentation outlining the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview and material offered by the developer. Jerry James,President of Edward R.James Partners,presented a background on the company. Scott Ferris reviewed the specifics of the plan and the site. Steve Spinelle reviewed the housing product itself. Trustee Berman rated the proposal with very high marks for creativity;he believes there is way too much proposed for this parcel;he detects very little green space;he realizes this is a difficult site to deal with,but he does not see that this development creates a plan that leaves the community in better shape than it was before;he believes the developer needs to go back and see if this can be done with less density and less deleterious effect on the traffic and infrastructure;the concept is interesting but the density is too high. Trustee Glover agreed with much of what was said by Trustee Berman;she also believes the density is too high;she would rather see some clustered,detached housing on this site. Trustee Johnson stated that he has absolutely no concerns with the quality of the product being proposed;R-8 is out of the question,and he believes that R-4 would be a very good fit on the site. Trustee Kahn also noted that he has no concern with the quality of the product,but he believes it is too dense,and he questions the need for more townhouses;he also has a concern for the people currently living in the area who did not move into the area with the understanding that there would be water hazards in their yards. Trustee Braiman reiterated his concern with the amount of multi-family product being introduced in the Village, however,he can understand putting some multi-family on this particular site if it can be in combination with single- family detached;he is very interested in the creativity being offered,but it does need some fine-tuning to come up with a product favorable to everyone. Trustee Trilling agreed with the comments previously made by the rest of the Board. Mr. Citron thanked the Board for the positive comments made by Trustees,and responded to comments expressed. Mr.James also thanked the Board for the very positive comments,and stated that they will work diligently to come back and present a project agreeable to the Board. EXECUTIVE MEETING Moved by Kahn,seconded by Glover,to move to Executive Meeting for the purpose of discussing Litigation and the Purchase or Lease of Real Estate. Upon roll call,Trustees voted as follows: 11510 6/07/04 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. The Board moved to Executive Meeting from 9:55 P.M.until 10:52 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 10:52 P.M. L—Anet M. Sirabian,Village Clerk APPROVED BY ME THIS Rl DAY OF 6,4/1 ,2004 c#4, /,/ - Village President �/