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2023-12-04 - Village Board Regular Meeting - Minutes 13660 12/04/2023 MINUTES OF THE RESCHEDULED REGULAR MEETING OF THE VILLAGE PRESIDENT& BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS,50 RAUPP BOULEVARD,MONDAY,DECEMBER 4,2023 CALL TO ORDER President Smith called the meeting to order at 7:18 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Smith;Trustees Johnson,Cesario,Ottenheimer, Stein, Bocek,and Weidenfeld. Also present were: Dane Bragg,Village Manager;Patrick Brankin,Village Attorney;Chris Stilling, Deputy Village Manager;Mike Skibbe, Deputy Village Manager/Director of Public Works;Evan Michel, Management Analyst;Katie Golbach, Human Resources Manager; Rich Nahrstadt, Interim Human Resources Director; Molly Gillespie,Communications Director;Chris Black,Director of Finance;Christine Berman, Deputy Director of Fnance;Nicole Woods, Director of Community Development;Tom Wisniewski,Buyer;Kyle Johnson,Assistant Director of Public WorksNillage Engineer;Jim Warnstedt,Deputy Director of Public Works; Brett Robinson,Administrative Services Director;Geoff Tollefson,Director of Golf Operations;Fire Chief Baker;Deputy Fire Chief Kane;and Police Chief Budds. APPROVAL OF MINUTES Moved by Weidenfeld,seconded by Cesario,to approve the minutes of the November 6,2023,Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek,Weidenfeld NAYS: 0—None Motion declared carried. Moved by Johnson, seconded by Cesario,to approve the minutes of the November 13,2023, Special Meeting. Upon roll call,Trustees vote as follows: AYES: 5—Johnson,Cesario, Stein, Bocek, Weidenfeld NAYS: 0—None ABSTAIN: 1 —Ottenheimer Motion declared carried. WARRANT#1362 Mr. Black read Warrant#1362. Moved by Bocek, seconded by Ottenheimer,to approve Warrant#1362 in the amount of$7,060,234.67 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek, Weidenfeld NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Smith expressed thanks for technology,noting that in the past,tonight's packet totaling 1,284 pages would have had to be delivered to the Board in huge stacks of paper,and technology has eliminated that necessity. 13661 12/04/2023 li VILLAGE MANAGER'S REPORT Mr. Bragg presented the 2024 Village Board Meeting Schedule provided in Board Packets. There was agreement by the Board on the schedule as presented. PUBLIC HEARING—2024 BUDGET President Smith re-opened the Public Hearing for the FY 2024 Village Budget at 7:22 P.M.,after which he asked if there were any further comments or questions from the audience or the Board;there were none. Moved by Weidenfeld,seconded by Ottenheimer,to close the Public Hearing. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek, Weidenfeld NAYS: 0—None Motion declared carried. The Public Hearing was closed at 7:23 P.M. CONSENT AGENDA President Smith 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. Special Flag Schedule Motion to accept the 2024 Special Flag Schedule. Two applications were received for special flags to be flown on the flagpole at the Ernie Karge Rotary Village Green. Both submissions are in compliance with the Village of Buffalo Grove Flag Policy. Electric Aggregation Program Motion to approve the Buffalo Grove Electric Aggregation Program Renewal. The Village's current Electric Aggregation Program contract is due for renewal in March 2024,and the approval of the renewal of the agreement is recommended. Various Projects FY 2024 Motion to authorize staff to seek competitive bids for various projects in FY 2024,as detailed in the memo contained in Board packets. FY 2024 Projects Motion to authorize staff to waive bids and seek competitive proposals for FY 2024 projects. Staff is requesting authorization to waive bids for a limited number of fiscal year 2024 projects and seek competitive proposals or negotiate for services as further detailed in the memo contained in Board packets. v I BS&A Software Motion to authorize the Village Manager to execute a Change Order with BS&A Software Inc.to remove associated implementation fees pending final review and approval by the Village Attorney. Resolution No.2023-34—Strategic Plan Motion to pass Resolution No.2023-34 adopting the 2022-2028 Buffalo Grove Strategic Plan. This plan represents the collective efforts of the community over the past year. 13662 12/04/2023 Resolution No.2023-35—2024 Personnel Manual Motion to pass Resolution No.2023-35 adopting the 2024 Personnel Manual. The 2024 Personnel Manual is a comprehensive reorganization of the previous manual with the summary of changes contained in Board packets. Resolution No.2023-36—Information Technology Motion to pass Resolution No.2023-36 adopting an Acceptable Use of Information Technology Resources Policy. In concert with updates to the Personnel Policy,staff has created an Acceptable Use of Information Technology Resources Policy to better guide and direct the usage of Village-owned devices and information. Ordinance No.2023-142—200 Timber Hill Road Motion to pass Ordinance No.2023-142 authorizing a home day care special use for an additional two-year period for the property at 200 Timber Hill Road. Ordinance No.2023-143—330 University Drive Motion to pass Ordinance No.2023-143 authorizing a home day care special use for an additional two-year period for the property at 330 University Drive. Ordinance No.2023-144—371 Springside Lane Motion to pass Ordinance No.2023-144 authorizing a home day care special use for an additional two-year period for the property at 371 Springside Lane. Ordinance No.2023-145—554 Patton Drive Motion to pass Ordinance No.2023-145 authorizing a home day care special use for an additional two-year period for the property at 554 Patton Drive. Ordinance No.2023-146—621 Harris Drive Motion to pass Ordinance No.2023-146 authorizing a home day care special use for an additional two-year period for the property at 621 Harris Drive. Ordinance No.2023-147—315 Gardenia Lane Motion to pass Ordinance No.2023-147 authorizing a home day care special use for an additional two-year period for the property at 315 Gardenia Lane. j Ordinance No.2023-148—Munivate LLC Motion to pass Ordinance No.2023-148 authorizing execution of an Agreement with Munivate LLC for the implementation and training of BS&A Cloud Software in an amount not to exceed$54,190.00 pending final review and approval by the Village Attorney. Ordinance No.2023-149-Civicplus Motion to pass Ordinance No.2023-149 authorizing the purchase of Civicplus Website Services and executing a two-year software as a service agreement for website services at an estimated amount of$42,483.15,pending final review and approval by the Village Attorney. Ordinance No.2023-150—Citibot Software Motion to pass Ordinance No.2023-150 authorizing the purchase of Citibot Software as a Service. Staff recommends authorizing the Village Manager to execute a three-year software as a service agreement with 13663 12/04/2023 Citibot for AI-powered chatbot services as an estimated amount of$52,765.00 pending final review and approval by the Village Attorney. Ordinance No.2023-151 -CAFT Motion to pass Ordinance No.2023-151 authorizing a Design Engineering Agreement with Gewalt Hamilton Associates, Inc.for CAFT Site Improvements. This is for design and construction engineering services for the Combined Area Fire Training facility to be constructed in 2024. Both the engineering and construction costs will be equally shared by the five CAFT municipal users. Ordinance No.2023-152—Torah Academy Motion to pass Ordinance No.2023-152 approving an Amendment to a Special Use Ordinance for Torah Academy at 720 Armstrong Drive. Torah Academy is requesting an Amendment to their Special Use ordinances to increase the maximum enrollment and modify their parking lot. Ordinance No.2023-153—Golf Dome Motion to pass Ordinance No.2023-153 approving an Amendment to the Special Use Ordinance for the Golf Dome at 801 McHenry Road. The Buffalo Grove Park District is proposing to expand the uses permitted within the Golf Dome facility which requires an amendment to the Special Use Ordinance. Ordinance No.2023—154—Belle Tire Motion to pass Ordinance No.2023-154 authorizing a Development Improvement Agreement with Belle Tire Distributors, Inc. Approval of the Development Improvement Agreement for a Belle Tire commercial building development located at 704 E. Lake Cook Road is recommended subject to receipt of the required fees and Village Attorney review and approval. Ordinance No.2023-155—Belle Tire Motion to pass Ordinance No.2023-155 approving an Amendment to PUD,Prelim Plan and Variations to Sign Code for a Belle Tire at 704 E. Lake Cook Road. The petitioner is seeking to develop a 9,800 square foot Belle Tire store on the vacant property located at 704 E.Lake Cook Road as part of the Ricky Rockets development. Ordinance No.2023-156—801 McHenry Road Motion to pass Ordinance No.2023-156,Class E Liquor License Reservation for the Buffalo Grove Park District. This license is reserved for the Buffalo Grove Park District at 801 McHenry Road and is subject to the applicant completing Village requirements for said license on or before March 3,2024. Moved by Johnson, seconded by Cesario,to approve the Consent Agenda as presented. Upon roll call,Trustees voted as follows on the amended Consent Agenda: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek,Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-157—TITLES 1-19 Moved by Weidenfeld,seconded by Johnson,to pass Ordinance No.2023-157 adopting changes to Titles 1-19. Mr.Robinson reviewed the ordinance,details of which are contained in the memo that he and Jessie proposed Brown sent to Mr.Bragg dated November 27,2023. Staff were commended for their diligence and thoroughness on this extremely large project. 13664 12/04/2023 Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer,Stein, Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-158—TITLE 1 Moved by Ottenheimer,seconded by Weidenfeld,to pass Ordinance No.2023-158 amending Title 1 of the Village of Buffalo Grove Municipal Code with regard to conflicts with certain Home Rule County Ordinances (Cook County Minimum Wage,Paid Sick Leave and Paid Leave Ordinances). Ms.Golbach reviewed the proposed ordinance,details of which are contained in the memo that Mr.Nahrstadt sent to Mr. Bragg dated December 4,2023. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek,Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-159—ILLINOIS PAID LEAVE Moved by Ottenheimer, seconded by Johnson,to pass Ordinance No.2023-159 exempting the Village from the Illinois Paid Leave for All Workers Act Ms.Golbach reviewed the proposed ordinance,details of which are contained in her memo to Mr.Bragg dated December 4,2023. President Smith stated that every municipality in our area is against this State ordinance. The Village of Buffalo Grove currently provides a very comprehensive paid-leave policy. This act by the Illinois legislature could put us in a situation where we would not be able to provide emergency services to our residents,and we will not allow that to happen. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-160—LEVY&COLLECTION OF TAXES Moved by Bocek,seconded by Weidenfeld,to pass Ordinance No.2023-160 for the Levy&Collection of Taxes for the Fiscal Year commencing on the 151 day of January 2024 and ending on the 31"day of December 2024. Mr.Black reviewed the proposed ordinance,details of which are contained in his memo to Mr. Bragg dated December 4,2023,after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-161—TAX ABATEMENT 13665 12/04/2023 Moved by Bocek,seconded by Johnson,to pass Ordinance No.2023-161 abating taxes levied for the Village of Buffalo Grove,Cook and Lake Counties, Illinois. Mr. Black reviewed the proposed ordinance,details of which are contained in his memo of December 4,2023 to Mr. Bragg. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek, Weidenfeld NAYS: 0—None Motion declared carried. RESOLUTION NO.2023-37—LAKE COUNTY LOSS IN COLLECTION Moved by Bocek, seconded by Cesario,to pass Resolution No.2023-37 requesting the County of Lake not to collect the Loss in Collection on Taxable Property. Mr.Black reviewed the proposed resolution,as well as the next proposed resolution on tonight's agenda,details of which are contained in his memo of December 4,2023,to Mr. Bragg. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek,Weidenfeld NAYS: 0—None Motion declared carried. RESOLUTION NO.2023-38—COOK COUNTY LOSS IN COLLECTION 44.1 Moved by Bocek,seconded by Ottenheimer,to pass Resolution No.2023-38 requesting the County of Cook not to collect the Loss in Collection on Taxable Property. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer,Stein, Bocek,Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-162—FISCAL YEAR 2024 BUDGET Moved by Bocek,seconded by Ottenheimer,to pass Ordinance No.2023-162 adopting the Fiscal Year 2024 (January 1-December 31,2024)Budget for the Village of Buffalo Grove. Mr. Black reviewed the proposed ordinance,details of which were provided to the Board and the public during the November 13,2023, Public Hearing on the proposed 2024 Budget. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek, Weidenfeld NAYS: 0—None Motion declared carried. RESOLUTION NO.2023-39—2024 PAY RANGES Moved by Ottenheimer,seconded by Johnson,to pass Resolution No.2023-39 approving the 2024 Pay Ranges, in accordance with materials contained in Board packets. 13666 12/04/2023 Ms.Golbach reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview and the supporting documents,after which she answered questions from the Board. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer,Stein,Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-163—BERNARD DRIVE Moved by Stein, seconded by Ottenheimer,to pass Ordinance No.2023-163,Bernard East Street Improvements award to the lowest responsible and responsive bidder,Berger Excavating, in the amount of$3,967,767.42, pending Village Attorney review. Mr.Johnson reviewed the proposed ordinance,details of which are contained in his memo to Mr. Bragg of December 1,2023,after which he answered questions from the Board. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek,Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-164—WHITE PINE Moved by Stein, seconded by Johnson,to pass Ordinance No.2023-164,awarding 2024 White Pine Utility& Street Improvements to the lowest responsible and responsive bidder,Joel Kennedy Contracting,in the amount of$3,787,945.70,pending Village Attorney review and in accordance with materials contained in Board packets. Mr.Johnson reviewed the proposed ordinance,details of which are contained in his memo to Mr. Bragg of December 1,2023. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-165-TASERS Moved by Bocek,seconded by Ottenheimer,to pass Ordinance No.2023-165 authorizing the Village Manager to execute an amendment to the existing agreement with Axon Enterprise Inc.,for TASERs and associated hardware and cloud-based software in the amount of$1,132,669.59 pending final review and approval of the amendment by the Village Attorney. Chief Budds reviewed the proposed ordinance,details of which are contained in his memo to Mr. Bragg and Mr. Skibbe of November 29,2023,after which he answered questions from the Board. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek,Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO 2023-166—PARKCHESTER PARK 13667 12/04/2023 Moved by Weidenfeld,seconded by Ottenheimer,to pass Ordinance No.2023-166,an Amendment to the Preliminary Plan,a Special Use,and a Variation to allow improvements to Parkchester Park at 851 Weiland Road,in accordance with materials contained in Board packets. Ms. Woods reviewed the proposed ordinance,details of which are contained in the memo that she and Kelly Purvis sent to Mr. Bragg dated December 4,2023. Erika Strojinc,Buffalo Grove Park District Executive Director,provided further detail as to the renovations, i after which she answered questions from the Board. V Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek, Weidenfeld NAYS: 0—None Motion declared carried. ORDINANCE NO.2023-167—BISON CROSSING Moved by Weidenfeld,seconded by Stein,to pass Ordinance No.2023-167 approving a Plat of Subdivision; Rezoning to B3 and R9; Special Use for a Planned Unit Development; Special Use for Motor Vehicle Sales, Service and Delivery; Prelim and Final Development Plan;Variations from the Development,Zoning,and Sign Codes,and Sign Package for Bison Crossing at 915-945 Dundee Road, in accordance with materials contained in Board packets. Ms. Woods reviewed the proposed ordinance,details of which are contained in the memo that she and Mr. Stilling sent to Mr.Bragg dated December 1,2023. Ryan Fitzgerald, Shorewood Development Group,began by stating that it has been a privilege to be working with the Village of Buffalo Grove. Mr.Fitzgerald then presented a brief PowerPoint overview of the reasons that they chose Buffalo Grove for this project,after which he answered questions from the Board. Andrew Juiris, Double Eagle Development,also reviewed a PowerPoint presentation depicting the retail and residential portions of the property,explaining how they arrived at the proposed design and how they plan to address the concerns that have been raised. Staff and the development team then answered questions from the Board. Mr. Brankin noted that a written protest was filed with the Village this afternoon by certain residents. Mr. Brankin has not had a chance to review it,but he wanted to note for the record that it had been filed. Jerry Ostrower,953 Old Arlington Court,stated that the neighboring residents are not against developing the property,but in fact welcome it. The residents are opposed to the density and having a residential building so close to their property and invade their privacy;they also believe there are numerous code violations. Robert Dinnerman,955 Old Arlington Court,displayed renderings of what the apartment building would look like next to their homes;this proposal is 141%above code;displayed renderings of how shifting uses on the property would alleviate the invasion of privacy to their homes. Craig Horwitz, 883 Stonebridge Lane,noted that he was unaware of this development and that a Notice of Public Hearing sign was not posted on the property in the proper time limit;he believes this property has numerous code violations;he believes that the Public Hearing had extensive violations;he believes this is a bad plan;he believes there was a lack of transparency and he believes there were things done in secrecy;he believes the Board is violating their oath of office to act in the best interest of the residents by approving this plan. 13668 12/04/2023 Meagan Baumgartner,924 Thornton Lane,stated that she is looking forward to seeing this property developed, but she is concerned that our schools will be bombarded with an influx of students and lead to severe overcrowding and put all the students at a disadvantage. Reggie Almerigi,951 Old Arlington Court,noted that he is displeased with the way this is going;the residents were told that the property directly behind their homes was a wetland and there would never be anything built there;all of their homes were custom built and he believes there should be townhomes built as a buffer between their homes and the commercial properties;he believes any building should be done to code. Jerry Ostrower stated that the residents would like to see due process and recognition from our Village Trustees to do the right thing and not burden the residents with undue hardship that will negatively affect them for the rest of their lives;they want to see the project sent back to the Planning&Zoning Commission to be re-submitted taking the neighborhood into consideration. Sharon Dinnerman,955 Old Arlington Court,noted that people move to the suburbs for peace and quiet and that her family moved here because of the outstanding schools and parks and services,and she believes this proposal is totally out of character for the area;they were assured when they purchased their homes that nothing could be built in the wetland area;the developer refused to make any changes to the plan; she believes that the plan should be sent back to the Planning&Zoning Commission. Board members noted reasons that they believe that this plan is in the best interest of the entire community and offers benefits far and above other uses that could be approved for the property;they responded to the concerns expressed by the residents,all of which are addressed in the memo from Ms.Woods and Mr. Stilling. Mr. Fitzgerald also responded to the concerns of the residents,addressing the reasons that the plan as presented is vital to the project;he also noted that the projected students that would be generated by the residential property is three to six total. Mr.Horwitz stated that he does not believe that anyone would put a warehouse on this property. Mr.Dinnerman commented on the traffic issues,and also asked that, if the Board approves the project,they put some type of restrictions on the types of trees that would constitute the barrier so that they are not trees that would lose leaves for half the year and thus be of no use as a buffer to their homes;he also suggested moving the apartment buildings just a little further to the north and adding some green space to further act as a buffer. President Smith noted that, if this project is approved,the Village forester will be heavily involved. AYES: 7—Johnson,Cesario,Ottenheimer, Stein,Bocek,Weidenfeld,President Smith NAYS: 0—None Motion declared carried. MEETING CANCELLATION Moved by Ottenheimer,seconded by Cesario,to cancel the December 18,2023,Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein,Bocek,Weidenfeld NAYS: 0—None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Smith reviewed the parameters to be followed by speakers and asked if there were any questions from the audience on items not on tonight's agenda. Craig Horwitz, 883 Stonebridge Lane,questioned some elements of the 2024 Budget. ADJOURNMENT 13669 12/04/2023 Moved by Johnson, seconded by Stein,to adjourn the meeting. Upon roll call,Trustees voted as follows: AYES: 6—Johnson,Cesario,Ottenheimer, Stein, Bocek,Weidenfeld NAYS: 0—None Motion declared carried. The Regular Meeting was adjourned at 10:10 P.M. et. Sirabian,Village Clerk APPRB BY ME TH 16th DAY OF January 2024 Village President