2009-08-17 - Village Board Regular Meeting - Minutes 12212
08/19/2009
MINUTES OF THEREGULAR MEETING OF THE VILLAGE BOARD OFTHE.VILLAGE OF -
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,
BUFFALO GROVE,ILLINOIS ON MONDAY,AUGUST 17,2009
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,Trilling, Stone
and Sussman.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney; Scott Anderson,Director
of Finance;Art Malinowski,Director of Human Resources;Rick Kuhl,Deputy Director of Public Works;Brian
Sheehan,Deputy Building Commissioner Operations;Police Chief Balinski;and Joseph Tenerelli,Village
Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Berman,to approve the minutes of the August 3,2009 Regular Meeting.
Trustee Stone stated that she believes that the 12 pages of dialog by Trustee Braiman was actually under
New Business, although it wasn't listed as such in the minutes,instead being listed as Open Meetings Act. Trustee
Stone stated that the minutes have to reflect exactly what took place at the meeting.
The Village Clerk stated that the topic was in the proper order in the minutes,but was titled Open Meetings Act in
order to more clearly reflect the topic discussed.
President Hartstein stated that the item is in the proper order in the minutes. The minutes are to accurately reflect
exactly what transpired at the meeting,and he believes these minutes are very comprehensive in summarizing what
transpired at the meeting.
Upon roll,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
WARRANT#1127
Mr.Tenerelli read Warrant#1127. Moved by Braiman, seconded by Glover,to approve Warrant#1127 in the
amount of$2,092,553.66,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman, Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Hartstein reminded residents of Buffalo Grove Days coming up over Labor Day weekend, and
encouraged everyone to take advantage of this tremendous event. All residents have received the special edition
brochure,and he noted that there is something for everyone to enjoy at this great event. This is a terrific example of
the entire community coming together and he hopes to see everyone there. President Hartstein apologized for the
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fact that he will not- t-the parade because of a family-commitment,but he will be ther.vfor the majority of the
weekend.
President Hartstein announced that the Buffalo Grove Fire Department will again be organizing the annual Fill the
Boot Drive for the Muscular Dystrophy Association,and he urged all those driving through the intersections where
the volunteers will be collecting donations to donate generously on August 21,2009 and August 28,2009.
TRUSTEE REPORTS
Trustee Glover reviewed a summary of the activities that will take place during Buffalo Grove Days,and urged all
residents to take advantage of this tremendous community event.
Co-chair Paulette Greenberg reviewed the entertainment that will be offered during the entire weekend.
Co-Chair J.V. Springman thanked Trustee Glover and the Village Board,as well as all of the staff involved and the
committee,and everyone involved in putting this event together.
On behalf of the entire community,President Hartstein noted that Mrs.Greenberg and Mr. Springman are owed a
debt of gratitude for this event. This is a special event that everyone in the community looks forward to and enjoys,
and he again thanked everyone for their time and effort.
President Hartstein congratulated Joe Tenerelli on his selection as Grand Marshall of this year's parade,and thanked
him for the many years of service that he has contributed as Parade Chairman.
Trustee Sussman reported on the National Night Out recently sponsored by the Buffalo Grove Park District. There
were over 4,000 people in attendance,and she thanked the Fire Department and the Police Department for the key
role that they played. Trustee Sussman thanked the Park District for their efforts,which are much appreciated.
President Hartstein echoed those comments and noted that it was truly a tremendous event.
Trustee Trilling reported that he had the distinct honor of attending a banquet for the Illinois Traffic Safety
Challenge Awards,and noted what a wonderful Police Department that we have in Buffalo Grove. Trustee Trilling
reviewed the criteria for the awards,and recognized the awards earned by the Buffalo Grove Police Department.
The Buffalo Grove Police Department was awarded first place for departments employing between 51 and 100
officers. In addition,there were seven special awards presented,and the Buffalo Grove Police Department won
three of those seven awards.
Chief Balinski thanked Trustee Trilling and the Board for their support,and noted that these accomplishments
reflect the leadership that Commander Newton and Sergeant Kristiansen provide on a daily basis. They truly reflect
the commitment to excellence that the Village of Buffalo Grove expects,and accurately portrays the dedication of
the men and women of the Buffalo Grove Police Department.
Sergeant Kristiansen again thanked the Board and the community for their support,and he introduced the officers
present. Buffalo Grove is at 20-year lows for traffic accidents,and 15-year lows for personal injury accidents,
which says a lot considering how the Village has grown and for the volume of traffic going through the Village each
day.
President Hartstein thanked the Department and noted how proud the Village is of their efforts throughout the year.
Trustee Stone stated that the only topic left out of the Minutes from the last meeting was New Business. It is
important that the minutes reflect the agenda and what took place,and it is important to write so that anyone reading
the minutes is able to visualize what was done at the meeting.and she believes that the New Business heading was
left out of the minutes. Anyone that goes to read the minutes would go to New Business rather than Open Meetings
Act.
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President Hartstein asked that the}Vi1lage Attorney share his recommendations,if any,with the Vill Clerk.
Presidents Hartstein believes that the Village does have an accurate reflection of what has transpired at Village
Board meetings.
VILLAGE MANAGER'S REPORT
Mr.Brimm announced that the next meeting of the Village Board will be a Rescheduled Regular Meeting on
Tuesday,September 8,2009,since Labor Day falls on the regularly scheduled meeting date.
Mr.Brimm presented a status report on the Draft Code of Ethical Behavior and Conduct/Draft Amendment to
Municipal Code—Ethics Commission,details of which are contained in the Village Board Meeting Agenda Item
Overview that he prepared. The intent tonight is to get on the record that the review and research and drafting are
complete. Staff asks the Board to take this document under review and return comments to him.
President Hartstein thanked Mr.Brimm and staff for the time and effort put into this document,and he encouraged
every member of the Board to review the document thoroughly and make suggestions to Mr.Brimm so that he can
meet with the Village Attorney to present a revised document before the Board so that there can be a full and proper
discussion at a public meeting.
QUESTIONS FROM THE AUDIENCE
Frank Ladonne,34 Chestnut Court West,stated that he has listened to Board members speak defensively and
indignantly against allegations of impropriety;he does not believe anyone has been accused of impropriety,but
there does seem to be the perception and appearance of impropriety;the main portion of the meeting appears to be
political theater and stage setting for what appear to be major decisions that have already been made behind closed
doors. Mr.Ladonne believes that the job of the Village Board is to determine and then fulfill the will of the people.
Trustee Stone suggested the formation of an Ethics Commission for the very reason of avoiding the appearance or
perception of wrong doing or impropriety.
�•/ Barnett Fagel,224 Stanton Court West,thanked the Board for the opportunity to speak before the Board. Mr.Fagel
stated that it is important for residents to get involved in local government,and that is why he is speaking to the
Board. Government is based on checks and balances to ensure balance for a fair and equitable outcome for all.
Residents should attend Village Board Meetings. Mr.Fagel commended Trustee Stone for the innovative and fresh
ideas that she brings to the Board. If more cable television viewers of the Board Meetings became regular attendees
to the Village Board Meetings,the public would be better served. Mr.Fagel stated that he has respect for this
community and appreciates the opportunity to speak to this forum.
President Hartstein echoed Mr.Fagel's comments with regard to attendance at Board Meetings. Everyone is
welcome to our meetings,and comments are always welcomed.
In answer to a question from Trustee Braiman,Mr.Brimm presented an update on the status of the Red Light
Cameras;discussions have begun,but staff has not yet met with Gatso.
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 Braiman,to approve the Consent Agenda.
Mr.Raysa requested that Item XI.G. include a waiver of bid.
Trustees Berman and Braiman accepted the waiver of bid request.
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p,RDINANCE#2009-53—GOVERNOR'S HOMETOWN AWD
Motion to pass Ordinance#2009-53,authorizing the placement of the Governor's Hometown Award sign.
ORDINANCE#2009-54—CHICAGO INDOOR RACING
Motion to pass Ordinance#2009-54,amending Chapter 5.20 Liquor Controls,Class A,Chicago Indoor Racing.
ORDINANCE#2009-55—PEERLESS BRIDGE,LLC
Motion to pass Ordinance#2009-55,granting variations to Sign Code,Sections 14.20.050 and 14.20.080 for
Peerless Bridge,LLC, 1650 Leider Lane.
ORDINANCE#2009-56—PEERLESS BRIDGE,LLC
Motion to pass Ordinance#2009-56,granting variations to Sign Code,Sections 14.20.050, 14.20.070, 14.40.025 and
14.40.145 for Peerless Bridge LLC, 1701 Leider Lane.
RESOLUTION#2009-32—IRMA
Motion to pass Resolution#2009-32,appointing an Alternate Delegate to the Intergovernmental Risk Management
Agency.
RESOLUTION#2009-33—VILLAGE GRILL&TAVERN
Motion to pass Resolution#2009-33,authorizing the amendment of a lease between the Village of Buffalo Grove
and JBM Hospitality,LLC d/b/a Village Bar and Grill.
`./ FINANCIAL AUDITING SERVICES
Motion to authorize solicitation of proposals for independent fmancial auditing services.
Upon roll call,Trustees voted as follows on the Consent Agenda,including the amended Item XI.G.:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2009-57—PRAIRIE HOUSE
Moved by Braiman,seconded by Berman,to pass Ordinance#2009-57,approving an Economic Incentive
Agreement by and between the Village of Buffalo and Prairie House Realty,LLC,d/b/a Prairie House Restaurant,
pursuant to documents contained in Board packets.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Neukirch.
In answer to a question from Trustee Braiman,Mr.Raysa stated that he has reviewed the document and is satisfied
with the document.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
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ADAM'S ROADHOUSE
Moved by Braiman,seconded by Berman,to pass Ordinance#2009-58,granting variations to Sections 14.20.030,
14.20.070 and 14.40.025 of the Village Sign Code for Adam's Roadhouse Sports Bar&Grill,301 Milwaukee
Avenue, in accordance with the proposed ordinance in Board packets.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
item Overview prepared by Mr. Sheehan.
Mr. Sheehan noted that, subsequent to the ZBA meeting,Mr. Sadeghi submitted a letter dated 7/30/09 requesting
that the condition that the sign may only advertise food specials on the changeable copy portion of the sign be
modified to include the promotion of any aspect of the business other than alcoholic beverages. Also,Mr. Sadeghi
submitted a revised color rendering which is labeled Revised Exhibit F.
In answer to a question from President Hartstein,Mr.Raysa stated that he believes the requested changes are items
that are appropriate for the Village Board to consider,and do not need to be returned to the ZBA.
Trustee Berman asked if staff has a specific recommendation.
Mr. Sheehan stated that staff does not have a recommendation. Mr. Sheehan believes that the change in the word
Roadhouse does make the sign more symmetrical and read better aesthetically. Mr. Sheehan stated that there are no
current restrictions on what can be advertised on the changeable copy sign.
Trustee Braiman stated that he was the liaison to the ZBA at the time this was considered,and he thanked staff for
their work with the petitioner.
Andrew Stein, 17 Chevy Chase Drive,stated that he is representing the Citizen's Ad Hoc Committee as the
Chairman. Mr.Stein confirmed that(See minutes from 9/8/2009)During4he-ZBA-meeting,he did have
`./ conversations with the petitioner as part of the committee prior to the ZBA meeting. After speaking with members
of the committee,all members that responded were in favor of allowing Adam's Roadhouse to advertise more than
just food,with the limitation of no advertisement of alcohol,as long as it pertained to activities at Adam's
Roadhouse.
Trustee Braiman stated that the commissioners that voted against this proposal were not against the advertisement,
but they were against the changeable copy.
Trustee Sussman stated that she does not have a problem with this,but she questions how this will affect other
restaurants in Buffalo Grove,and wonders if they also will be able to have signs up for specials that they might
have.
Mr. Sheehan stated that he believes this is the only restaurant in town with a changeable copy sign. If any other
restaurant were to ask for a variation to erect a changeable copy sign,they would also be allowed to advertise certain
aspects of their business.
President Hartstein stated that he was on the ZBA when the original sign code was prepared,and one of the concerns
was that the primary purpose of signage was basically to limit signs to business identification,and not for
advertising. Aesthetics and streetscape were primary concerns. The idea was to avoid a proliferation of advertising.
Mr. Stein stated that he did some research into the particular signage issue at Adam's Rib and he found out that the
current changeable copy sign was approved as part of the voluntary annexation of the property and business into
Buffalo Grove. The current ordinance actually addresses the billboard that exists at the northern end of the property,
but is silent to the sign being discussed tonight.
Trustee Trilling stated that the business has the ability to have a changeable copy sign;the homeowners committee
does not have a problem with the changeable copy sign;there is ZBA approval for allowing changeable copy;he
does not see any difference between advertising food or advertising some other amenity within the facility other than
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-bi
�uer;he also notes that the ownership agreed to remove the unsi -b�llboard;he does believe that he will
support the proposal.
Mr. Stein confirmed to Trustee Glover that the committee does not have a problem with promoting specials or
events other than food. Trustee Glover believes that anything is an improvement over what is currently in place.
Trustee Sussman again stated that she does not have a problem with the proposal,but she does want to confirm that,
if any other business wishes to erect a changeable copy sign,they will be given the same ability as this restaurant is
being given.
Mr. Stein answered questions from Trustee Stone with regard to the make up and selection of the ad hoc committee.
Mr. Stein noted that the committee consists of him and three other members and is to deal with issues in the
neighborhood specific to the OTB. Mr.Brimm stated that he has met with the committee and it is relatively low key
and active just on the one issue.
Trustee Stone asked if everyone is made aware of meetings so that,when the committee represents them,the
committee is speaking for the subdivision.
Mr. Stein stated that he believes the idea was to choose people in the subdivision who would be representative of the
subdivision,so they reached out to people who were both pro and con on the proposal.
Trustee Stone stated that she wants to be sure that the committee is properly representative of the subdivision,and
she does not believe that this committee has been created properly represents the 69 homes.
President Hartstein stated that there was Public Hearing at the ZBA,so that there was not only input from the
committee,but anyone who chose to be in attendance was welcome at the Public Hearing.
Trustee Stone stated that she believes that our Public Hearings sometimes overlook the community.
President Hartstein pointed out that the focus of this discussion is the sign,and not the committee.
Trustee Trilling wanted to make it clear that the sign as it is today can advertise anything and does meet the codes
that are currently in place,so nothing is being changed as it relates to changeable copy. Also,he wanted to make
clear that anyone within the Village has the right to ask for a variation,and anyone in the Village has the right to due
consideration. But that does not mean that the Board has to grant the request. It just means that equal consideration
will always be given.
Trustee Berman noted that the ZBA Chairman frequently points out that each individual request for a variance of
any sort is unique and judged on its own merits and does not set precedent. This case is a unique situation because
the sign pre-existed the annexation,and it was essentially grandfathered when the property was annexed to the
Village. Trustee Berman stated that he does not have a problem with continuing with the current status,and he is
not sure that we necessarily wants to go the extra step.
Discussion then took place with regard to the legal parameters of conditions when delving into restrictions
specifically related to content.
President Hartstein questioned whether or not the Board has the authority,under the terms of the Annexation
�./ Agreement,because this is a new sign,to prohibit advertising altogether.
Trustee Braiman also has a concern with the sign;he personally does not like changeable copy as he thinks it is
somewhat tacky and takes away from an otherwise attractive sign.
Moved by Braiman,seconded by Glover,to defer action on this proposal until the Village Attorney has the
opportunity for further review.
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Trustee Benotedthat,when zoning matters-come before the Board,the Village-- Attorney always reminds the
Board and the petitioner that signage is considered separately from zoning. There are no promises or guarantees
that,because a zoning matter is approved,the specific type of sign will be approved.
In answer to a question from Trustee Braiman,Mr. Sheehan stated that the temporary sign currently in place can
remain for 60 days.
Trustee Sussman noted that this is strictly about signs,and has absolutely nothing to do with the OTB.
Trustee Stone stated that the discussion is related to whether foods specials may be advertised versus advertising the
Triple Crown.
President Hartstein stated that there are two questions to be addressed by the Village Attorney:
• Whether or not the Village has the right to prohibit any copy whatsoever in light of the Annexation
Agreement.
• What the Village can or cannot be restricted as far as the First Amendment.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
PAVEMENT CRACK SEALING
Moved by Braiman,seconded by Berman,to award the bid for Pavement Crack Sealing to Behm Pavement
Maintenance,Inc. in an amount not to exceed$157,000.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ADJOURNMENT
Moved by Berman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 9:10 P.M.
Janet M. Sirabian,Village Clerk
APPROVED BY ME THIS 8th DAY OF September ,2009
Village President