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2009-06-15 - Village Board Regular Meeting - Minutes 12164 06/15/2009 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 15,2009 CALL TO ORDER President Hartstein called the meeting to order at 7:33 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Berman,Trilling,Stone and Sussman. Trustee Glover was absent. Also present were: Ghida Neukirch,Acting Village Manager;William Raysa,Village Attorney;Robert Giddens, MIS Director; Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Gregory Boysen,Director of Public Works;Robert Pfeil,Village Planner;Brian Sheehan,Village Health Officer;Fire Chief Vavra;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Braiman,seconded by Berman,to approve the minutes of the June 1,2009 Regular Meeting.Upon roll, Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. rnsol WARRANT#1123 Mr.Tenerelli read Warrant#1123. Moved by Sussman,seconded by Braiman,to approve Warrant#1123 in the amount of$2,866,907.50,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein announced that the Indian Trails Public Library was selected as one of only ten libraries in the country and only one in Illinois to receive the Literacy and Gaming Initiative Grant coordinated by the American Library Association. Operation Game Creation will give youths ages 10-18 the opportunity to create games,work in teams,and be judged by a panel and win prizes. President Hartstein noted that he is very proud of the Drug Awareness program that was put on at the Alcott Center �./ recently. Chief Balinski and Buffalo Grove and Stevenson High Schools are to be congratulated on an outstanding and informative program. Staff is evaluating the possibility of having this topic on an upcoming People, Places and Issues program. President Hartstein congratulated Buffalo Grove and Stevenson High Schools on another successful Relay for Life, a tremendous event for our community. 12165 06/15/2009 TRUSTEE REPORTS Trustee Berman noted that the Relay for Life held this past weekend at Buffalo Grove High School was well attended and a big success. The Village team contributed roughly$3,000 to the effort and he thanked the officials and staff for their support. Our community should be very proud of the efforts of the students of Buffalo Grove and Stevenson High Schools for coordinating this tremendous event. Trustee Stone wanted the public to know that there were Freedom of Information requests filed by a citizen and also the Chicago Tribune with regard to the OTB. Trustee Stone suggested that it would be a good idea for Buffalo Grove to consider the possibility of an Ethics Commission, indicating that a lot of what went on in the past couple of months would have been avoided had there been a separate body that says that you cannot be related to anybody on the Board,not even a first cousin. Trustee Stone stated that,at our last meeting,she had asked a direct question,and the answer was"I don't remember". Trustee Stone wishes to bring up to the public that she had asked about voting on a resolution against another community when you feel strongly about something,as Riverwoods voted a resolution against Buffalo Grove 6-0 unanimously that they wanted us to consider not going forward with an OTB because they felt it was injurious and the many other factors they mentioned. Trustee Stone asked our Village if we had ever voted a resolution against another community that we felt something was injurious or concerning to the well being of Buffalo Grove. The Board said they did not know. The next day she found out that in the years 2004 or 2005 Buffalo Grove voted a resolution against Arlington Heights because they were building Timber Court condominiums. There were two resolutions passed in 2004 telling Arlington Heights that we did not want them to build these condominiums because we felt that it was a threat to our safety or something of that nature. Trustee Stone wanted to make it clear that Buffalo Grove felt that Arlington Heights should have stopped and not built these condominiums in the best interest of Buffalo Grove. Trustee Stone noted that other Trustees indicated that one Village should not tell another Village what to do,so she wanted to point out that Buffalo Grove did feel comfortable in voting a resolution against Arlington Heights. Because she believed that this Board was not hearing the people regarding the OTB issue,when she saw in the newspapers that the other communities had stated they were concerned as well,she went to them and asked them if they would consider voting on a resolution,and she believes that was her right to do so as an individual and as a Trustee. Trustee Sussman thanked the Buffalo Grove Fire Department and the Buffalo Grove Park District and also the Save Our Seniors Committee for the wonderful Save Our Seniors Program that was presented last week at Culver's, who also deserves thanks for the food provided for attendees. It was an excellent program and she thanked all those involved. President Hartstein stated that he feels compelled to respond to one comment by Trustee Stone of an intimation that, based upon an ethical breach of some sort,there was some reason to form an Ethics Commission. President Hartstein has absolutely no objection to the formation of an Ethics Commission,but he takes great umbrage at the suggestion or any intimation that something was done unethically by this Board,and he welcomes any factual basis for suggesting or implying that there was any unethical motivation,as that is completely baseless. Trustee Berman stated that the Health Commission held a very successful Blood Drive this past Saturday,and noted that there will be another opportunity to donate on Thursday,June 18,2009 at the Fire Department Headquarters. This is not only an opportunity to donate blood,but also to visit our Fire Department. Trustee Stone stated that the reason that she believes it is important to have an Ethics Commission is because a resident and the Tribune filed a Freedom of Information request on the OTB issue. She believes it is important to reflect and consider that,if there were an Ethics Commission, it probably would have eased everyone's feelings, probably including the Tribune and the resident as well. Given that,she believes that perhaps we need a separate body that would oversee and at least interject with some information,and if someone has a concern to be able to go to that commission and let them know that they would have liked to hear information on this OTB back when it � began very early in a big way. The more transparency there is in government,the better it is for everyone. tri 12166 06/15/2009 President Hartstein stated that the point that he takes great umbrage with is Trustee Stone's earlier comment indicating that the reason for an Ethics Commission was based upon actions that took place regarding the OTB. President Hartstein then briefly reviewed the Freedom of Information Act,and noted that our Village is an open book,and anyone is welcome to have access to any documentation for any action in which the Village has been involved. Filing a Freedom of Information request does not imply any wrongdoing on anyone's part;it simply provides the ability for anyone in the community or the press to have access to information. Trustee Braiman stated that he has no problem with an Ethics Commission,and he also believes that staff should look into a Code of Conduct. With regard to the resolution to Arlington Heights about the Timber Court condominiums,Buffalo Grove simply requested that Arlington Heights be a good neighbor and respond to the concerns of Buffalo Grove residents. It was not requested that Arlington Heights reject the development. None of the citizens of other Villages asked their Village Boards to take a determination against Buffalo Grove. Trustee Stone was the one who asked their Village Boards to take action against Buffalo Grove. The Arlington Heights resolution was about a development that bordered Buffalo Grove on two sides,and Buffalo Grove also had to give up a right-of-way,and it affected Buffalo Grove traffic. The proposed OTB property is at least a half mile away from any neighboring Village,and does not directly impact them. The request to Wheeling for a resolution was to stop action on the proposal. The resolution to Arlington Heights regarding Timber Court was simply to modify the plan to achieve compatibility with adjacent existing residential neighborhoods,and to minimize traffic congestion in the area. Trustee Stone stated that the resolution also stated that the proposed development would threaten quality of life for Buffalo Grove residents,and noted that residents can see the exact language in the resolution by viewing Resolution #2004-20. With regard to the Ethics Commission,she read that an Ethics Commission,it should not be in any way related,even by first cousin,to anyone on the Village Board. The Village Clerk stated that Buffalo Grove's compliance with Freedom of Information and the Open Meetings Act is second to none in the State of Illinois. VILLAGE MANAGER'S REPORT Mrs.Neukirch noted the submittal of the Monthly Management Report for May,2009;there were no questions on the report. GOLDEN BISON AWARD—LOU MALNATI'S President Hartstein noted that it is again time to give special recognition to one of our Village businesses. Lou Malnati's is celebrating 20 years of business in Buffalo Grove,and the Village is pleased to present Lou Malnati's Pizzeria with a Golden Bison Award as part of the Village's Business Showcase Program. President Hartstein presented a brief history of Lou Malnati's,as well as just a few of the contributions that they have made to our community. Stu Cohen and Mike Sterner came forward to accept the award,and thanked the Village for this recognition. PUBLIC HEARING—XPEDX President Hartstein called the Public Hearing for a Special Use in the Industrial District for 1367 Barclay Boulevard to order at 8:03 P.M. Notice of Public Hearing was published in the Daily Herald on May 30,2009. ` I Mrs.Neukirch briefly reviewed the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview. President Hartstein then swore in the following people to give testimony: Joe Wagner,Director of Real Estate for Xpedx;John Girsch,John Girsch&Company,corporate real estate brokers representing Xpedx;and Russell Johnson,property manager representing the owner of the building. 12167 06/15/2009 Mr.Wagner further reviewed the request of the petitioner;they are in the paper distribution business;their primary customers are small printers,schools,churches,businesses;their hours would be approximately 7:30 A.M.to 5:30 P.M.;it is a pretty low-traffic operation. In answer to a question from Trustee Berman,Mr.Wagner confirmed that they would hope to grow to a total of approximately 100 transactions per day,but their walk-in traffic will be minimal,and they do have twice as much parking as required,although they would request to have six parking spaces right near their front door. Mr.Johnson reviewed the businesses and employees in the building,and stated that there are 200 parking spaces available for the entire building. In answer to a question from Trustee Braiman,Mr.Johnson stated that he did not believe that notices were sent out to the other tenants in the building,as there was no requirement to do so. Trustee Braiman stated that he wished that the other tenants had been notified so that they would have had an opportunity to speak. Mr.Pfeil confirmed to Trustee Braiman that,if it were not for the retail use,the petitioner would not have to be before the Board;the wholesale use is permitted,and it is only the retail portion that requires approval. Mr.Wagner stated that their urgency is that their current lease ran out at the end of May,and although they have worked it out with the landlord to stay for a short term,they are looking to get in as soon as they can. President Hartstein asked if there were any questions from other public bodies or members of the audience;there were none. Trustee Trilling recapped the proposal: there are four adjoining tenants with 20, 10, 8 and 50 employees respectively. Mr.Johnson reviewed the parking situation for the current tenants. Trustee Trilling stated that there 6411, does not seem to be any issue at all with sufficient parking. Mr.Girsch stated that there is parking around the building on all four sides. Trustee Trilling reviewed the Special Use criteria: 1. Mr.Wagner confirmed that this proposal will not endanger public health,safety,morals or general welfare. 2. Mr.Wagner confirmed that the site will absolutely be in harmony with the appropriate orderly development of the district in which it is located. 3. Mr.Wagner confirmed that the proposal will not diminish or impair other property valuations within the neighborhood. 4. Mr.Wagner confirmed that the site will not impede,substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie. 5. Mr.Johnson confirmed that adequate utilities,access roads,drainage and other necessary facilities have been provided. 6. Mr.Wagner said parking is more than adequate for the proposal. Trustee Trilling noted that his company did bid on a project for construction purposes with Xpedx approximately six months ago,but they were not awarded the project,so there would be no conflict of interest and he will be voting on the proposal. At 8:18 P.M.,President Hartstein continued the Public Hearing until the ordinance is considered later on in the meeting. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not listed on the agenda;there were none. 12186 06/12/2009 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. In answer to a question by Trustee Braiman,Mr.Malinowski confirmed that the increase for the Firefighter/ Paramedics is a contractual and legal obligation,and is the result of a prior contract made with the Firefighter/Paramedics back in 2008. Moved by Berman,seconded by Braiman,to approve the Consent Agenda. ORDINANCE#2009-31—PREVAILING WAGES Motion to pass Ordinance#2009-31,concerning prevailing wages. ORDINANCE#2009-32—FIREFIGHTER/PARAMEDICS Motion to pass Ordinance#2009-32,approving a Letter of Agreement between the Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association Local 3177 concerning Wages and Benefits. ORDINANCE#2009-33—LIQUOR CONTROLS Motion to pass Ordinance#2009-33,amending Chapter 5.20,Liquor Controls,Class A. Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. COMCAST COMMUNICATIONS Moved by Braiman,seconded by Berman,to pass Ordinance#2009-34,renewal of non-exclusive Cable Television Franchise of Comcast Communications. Mrs.Neukirch reviewed the proposed ordinance and highlighted the issues that were brought up by the Board at the last meeting,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Chris Nelson of Comcast made a presentation regarding the franchise agreement,further summarizing the concerns and requests expressed by the Village Board. With regard to Columbian Gardens access,they know that it is important to the Village,and therefore also important to Comcast. Comcast has offered to provide for a stipend to pay for the DVD's to be used by residents. Comcast is also considering a pilot program to host the Board meetings on comcast.net once they have been cablecast,which would increase access for all residents in the community;they would anticipate that this would be available within the next forty days;there would be no cost to the Village or the viewer. The On Demand option would not be available right now,but they would ask to defer it until they have the new server firms on line which they are expecting in the first quarter of 2010. Trustee Stone stated that,if we are negotiating a new contract,she would suggest that Comcast pick up the$36,000 necessary to bring the Columbian Gardens subdivision into the Comcast area,since Comcast realizes approximately $10,000,000 in revenue from Buffalo Grove. Mr.Nelson stated that they cannot absorb that cost right now. 12169 06/15/2009 Trustee Stone stated that$36,000 is a lot of money for the residents to take on individually,but with Comcast realizing$10,000,000 in revenue each year in Buffalo Grove,she believes that Comcast can pick up that$36,000 cost,particularly since Comcast is no longer the exclusive provider in Buffalo Grove. Trustee Sussman stated that,for the size of the Buffalo Grove contract,$36,000 is nothing for a company like Comcast. Trustee Braiman agreed that the PEG portion should be borne by Comcast. If this agreement is not approved,Mr.Raysa stated that Buffalo Grove would operate under the old franchise agreement,and there is the ability to bring it to federal intervention along the way. Mr.Raysa stated that he would need to review the Protection Act passed by the State of Illinois before he can answer specific questions. Mr.Nelson stated that one thing that the Village will be gaining by the adoption of this agreement is the more stringent customer protection act standards that were provisioned in the Protection Act. Comcast will not be seeking a statewide authorization,as their preference is to negotiate directly with the municipalities. They hope to fmd a technical solution that does not require physical construction so that they can feed Columbian Gardens with Channel 6. Mrs.Neukirch reviewed the Regional Cable Group,which is four communities including Buffalo Grove,noting that it took a long time to negotiate this agreement,and she reviewed the franchises. Trustee Trilling stated that the ultimate goal is for these residents to be able to get cable in some fashion,and he asked if Comcast would agree to a modification of terms so that within some period time they would make sure that it happened,even if it is not in the next six months. Mr.Nelson stated that they are going to try very hard to get that feed to Columbian Gardens,and they will continue to work with staff. Trustee Trilling asked that there be something in writing that would state that this will happen within 12 months. Mr.Nelson stated that he would ask for 18 months. Trustee Trilling stated that is at least a positive step in the right direction. Trustee Berman stated that Trustee Trilling has hit on a valid point;he believes there have been enough concerns expressed this evening that it would not be advisable to go forward with approval this evening;there needs to be additional input from the Village Attorney,and he would like Comcast to sit down with staff to work out appropriate language to address the concerns raised tonight;he thinks that Comcast should be in a position to commit to some manner of solution within a reasonable period of time;he understands the reluctance to establish a precedent by picking up the infrastructure costs,but he thinks that Comcast is receiving a tremendous amount of benefit by being a franchisee in this community;the idea of hosted video is a terrific interim solution;he does not want to impose the. cost on each subscriber in that small neighborhood,nor does he want to impose a tax on the whole community in order to bring video to 27 people. Moved by Berman,seconded by Braiman,to defer action on this issue until the next regularly scheduled meeting. President Hartstein stated that the Board strongly believes this issue needs to be addressed;he applauds Comcast for the interim solutions and he thinks they are great,particularly because they will serve the entire community;the pass-through concept is great for something that Buffalo Grove feels that Comcast should be doing for the benefit of the whole community,but not just one sector. Trustee Stone asked what is the soonest that they could tie in the Columbian Gardens sector of the community. Mr. Nelson replied that it would probably be at least two months. Trustee Stone asked that Comcast consider the residents in the most expeditious way. 11270 06/15/2009 Mr.Nelson answered a question from Trustee Sussman with regard to the way that AT&T is able to feed to all sections of the community. Trustee Sussman stated that she would like it in writing that Channel 6 will always be ours. Mr.Nelson stated that he has no intention of moving Channel 6,but he will not be able to attest to that,and he explained the reasons that he needs to remove that provision that requires that Channel 6 always be in the possession of the Village. Trustee Braiman stated that,if Comcast pays the$36,000,the Board will consider waiving the permit fee. The side letter Mr.Nelson referred to is not going to be sufficient because nothing is enforceable unless it is in writing approved and agreed to between Comcast and the Village of Buffalo Grove. Trustee Braiman wants Comcast to talk to staff and deal with the$1,000 penalty,and he also wants a detailed explanation of what happens if the Board does not approve this franchise agreement. Upon voice vote,the motion to defer was unanimously declared carried. ORDINANCE#2009-34—XPEDX Trustee Braiman stated that he is disappointed that the adjacent users were not notified,but given the fact that there are 112 additional spaces,he does not see any negative impact on the property,so he would have no problem with moving ahead tonight,however,he would ask that,if there is a similar situation in the future,we make sure that other tenants are notified. Moved by Braiman,seconded by Trilling,to pass Ordinance#2009-34,approving a Special Use for Retails Sales at 1367 Barclay Boulevard,Xpedx,in accordance with the draft ordinance dated June 11,2009. Trustee Sussman asked what chemicals are referenced in the material. Mr.Wagner answered,and Mrs.Neukirch stated that,subject to the Board's approval,they would have to get a permit and the property would be inspected by the Building and Fire Departments,and this is simply how to store and contain any hazardous materials. President Hartstein asked if there were any further comments or questions by the audience or the Board;there were none. President Hartstein adjourned the Public Hearing at 9:02 P.M. Upon roll call,Trustees voted as follows on the motion AYES: 5—Braiman,Berman,Trilling, Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. 21 CHESTNUT TERRACE Trustee Sussman reviewed the proposed ordinance and reviewed the deliberations at the Plan Commission,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Berman,seconded by Braiman,to pass Ordinance#2009-35,approving a Special Use to operate a Child Day Care Home at 21 Chestnut Terrace,in accordance with the draft ordinance dated June 10,2009. Trustee Berman stated that he believes the Plan Commission got it right;he absolutely opposes this request;there is only one adult with no assistance;the yard is not completely fenced;he sees no reason to disagree with the Plan Commission. Trustee Braiman agrees with Trustees Sussman and Berman;he believes this is similar to the ordinance drafted previously for group homes,in that there cannot be more than one within a certain area;he believes staff should look at that ordinance to include day care facilities along with the group homes. 12171 06/15/2009 Trustee Sussman noted a comment made by Commissioner Cohen with regard to the need to preserve relative quiet in the neighborhood. President Hartstein concurred with Trustee Braiman's comment with regard to urging staff to look at a possible proposal for consideration by the Village that would give us stronger teeth in terms of policing the number of facilities in any given area of the community. There is obviously a need for day care in residential areas,but having a proliferation is not a benefit. Mr.Sheehan stated that the petitioners are renters are looking to relocate. There have been complaints from neighbors,and they have been investigated. Trustee Sussman stated that she finds it hard to believe that Buffalo Grove could allow two day care facilities so close to each other;the people who live on this street should not have to endure this,so she agrees that there should be some legal recourse for this. Upon roll call,Trustees voted as follows on the motion AYES: 0-None NAYS: 5—Braiman,Berman,Trilling,Stone,Sussman ABSENT: 1—Glover Motion defeated ORDINANCE#2009-35-PUBLIC WATER SUPPLY LOAN PROGRAM Moved by Braiman,seconded by Berman,to authorize the Village of Buffalo Grove,Cook and Lake Counties, Illinois to borrow funds from the Public Water Supply Loan Program in accordance with the draft in Board packets. Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Trustee Berman noted that this is a Federal stimulus opportunity of which the Village is able to take advantage. Trustee Braiman noted that this is a Water Fund project for sewers along Arlington Heights Road south of Lake Cook Road. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. RESOLUTION#2009-28-LOAN DOCUMENTS Moved by Braiman,seconded by Berman,to authorize a representative to sign loan documents,in accordance with the memorandum contained in Board packets dated June 9,2009. AYES: 5—Braiman,Berman,Trilling, Stone, Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. 1701 LEIDER LANE Mrs.Neukirch reviewed the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. 11272 06/15/2009 Mike Hulett,Director of Adversity VBC,made a presentation reviewing the history of the Adversity VBC and what the program will offer;they have already asked the landlord to re-stripe the loading dock area for an additional 44 parking spaces,bringing the total to 194;they believe that 160 would be the maximum parking that they would need for tournaments;they continue to address the parking issues. Moved by Braiman,seconded by Berman,to refer the Adversity VBC,Special Use in the Industrial District, 1701 Leider Lane,to the Plan Commission for review. President Hartstein stated that he believes that this will be a great addition to Village of Buffalo Grove. Trustee Trilling asked about adult leagues;Mr.Hulett stated that adult leagues are an untapped market and they look . forward to filling that need. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. COMMUNICATIONS NETWORK Moved by Trilling,seconded by Berman,to award contract for Wireless Data and Communications Network,to RMS Business Systems of Buffalo Grove,that being the lowest qualified bidder,in an amount not to exceed $123,332 per the memo dated June 11,2009. Mrs.Neukirch confirmed to Trustee Braiman that some of those funds will be coming back to the Village through the insurance claim. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried, PRINTING SERVICES Moved by Braiman,seconded by Sussman,to award bid for printing services for Village Newsletter,to Presstech, 959 Lee Street,Des Plaines,Illinois,in accordance with memorandum included in Board packets. Trustee Braiman stated that he was hoping to have someone in the Village provide these services,but unfortunately the cost difference between this provider and the closest bid from someone in the Village is too significant. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Berman,Trilling,Stone,Sussman NAYS: 0—None ABSENT: 1—Glover Motion declared carried. 11273 06/15/2009 ADJOURNMENT Moved by Berman,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 9:28 P.M. JafietiNI. Sirabian,Village Clerk APPROVED BY ME THIS 6th DAY OF July ,2009 Village President Li