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2007-09-10 - Village Board Regular Meeting - Minutes 11909 09/10/2007 MINUTES OF THE RESCHEDULED 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,SEPTEMBER 10,2007 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,Berman,and Trilling. Trustees Kahn and Rubin were absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Gregory Boysen, Director of Public Works;Rick Kuhl, Superintendent of Public Works;David Haisma,Utilities Superintendent; Ed Schar,Building&Zoning Commissioner;Brian Sheehan,Village Health Officer;Robert Pfeil,Village Planner. APPROVAL OF MINUTES Moved by Berman, seconded by Glover,to approve the minutes of the August 20,2007 Regular Meeting.Upon roll,Trustees voted as follows: AYES: 3—Glover,Berman,Trilling NAYS: 0—None ABSTAIN: 1 —Braiman ABSENT: 2—Kahn,Rubin Motion declared carried. WARRANT#1080 Mr.Brimm read Warrant#1080. Moved by Berman, seconded by Braiman,to approve Warrant#1080 in the amount of$4,037,325.99,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 4—Braiman, Glover,Berman,Trilling NAYS: 0—None ABSENT: 2—Kahn,Rubin Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein read from words written by Doyle Armstrong called The Day America Cried remembering those lives lost on 9/11/01. The Board and the audience then observed a moment of silence honoring all victims of that tragedy. President Hartstein confirmed the appointment of Donna Garfield to the Commission for Residents with Disabilities. Moved by Trilling,seconded by Berman,to concur with President Hartstein's confirmation. Upon voice vote,the motion was unanimously declared carried. President Hartstein congratulated the Buffalo Grove Fire Department on the success of their 12th Annual Open House which was held on Saturday, September 8,2007 at the Fire Department Headquarters on Deerfield Parkway. 11910 09/10/2007 President Hartstein thanked everyone in the community that helped to make Buffalo Grove Days such a huge success,including the Village staff,the committee,the organizations,and everyone who participated in a tremendous weekend celebration. Moved by Braiman, seconded by Berman,to appoint Trustee Glover as liaison to the Buffalo Grove Days Committee for 2008. Upon voice vote,the motion was unanimously declared carried. President Hartstein read from a Proclamation declaring October 2007 as Canavan Disease Awareness Month in an effort to raise awareness of Canavan disease and to applaud the efforts of Canavan Research Illinois. President Hartstein read from a Proclamation declaring September 15,2007 as Responsible Dog Ownership Day,and encouraged our dog-loving public to learn more about the importance of being a responsible dog owner. TRUSTEE REPORTS The Village Clerk read a statement prepared by Trustee Glover summarizing the Buffalo Grove Days weekend, and expressed appreciation to each and every person that volunteered to make sure that the festival was perfect and a celebration to be enjoyed by the entire community. The audience and the Board applauded Trustee Glover and the committee for their continuous hard work and dedication to this event. Trustee Trilling noted that he and Trustee Braiman,along with Mrs.Niemotka and Mr.Brimm met with David Stahl,Director of External Affairs for AT&T,to discuss Project Lightspeed. Trustee Trilling briefly summarized the new service, that AT&T will be offering to most Buffalo Grove residents and businesses. Trustee Trilling recommended that staff continue to work with AT&T and the big fish community,thereby allowing our infrastructure to be completed by the end of this year. David Stahl,AT&T,presented a brief overview on a video alternative to cable TV that could soon be available to Buffalo Grove residents. Mr. Stahl then answered question from resident Rob Sherman. Trustee Berman asked several questions,and noted that he is concerned about the level of intrusion from the boxes,and he asked that staff be especially vigilant so that we do not allow these boxes to become a cumbersome intrusion on the streetscape of the community. Mr. Stahl answered Trustee Berman's questions,and noted that the boxes will not be in front yards and AT&T is sensitive to the aesthetic effect on the community. Mr.Brimm also commented. Mr.Raysa confirmed to President Hartstein that he is in the process of preparing some amendments to tighten up the ordinances with regard to right-of-way. Trustee Braiman added that AT&T will help with landscaping of those boxes to modify the impact on the community,and noted that he believes that it is a benefit to the community to fast track the project. Mr. Stahl stated that there is no agreement necessary on the part of the Village,noting that they would like to get started early in constructing the infrastructure in the community. Mr.Raysa stated that the ordinances that the Board is aware of do not have to be passed prior to the Village issuing any permits for an AT&T right-of-way permit;the permits have been submitted to the Village and are being reviewed by staff. Trustee Berman stated that he welcomes the concept of competition in the cable environment. Mr.Brimm confirmed to Trustee Berman that resources are in place to actively monitor the placement,construction and restoration efforts so that we can ensure for the residents that everything is done properly. 11911 09/10/2007 Moved by Trilling,seconded by Braiman,to become a Big Fish community. The Village Clerk announced that there will be an Electronics Recycling event to be held at the Schaumburg Motorola site on Saturday,September 29, 2007, and urged residents to make use of this method of disposal rather than by putting these items into landfills. The Village Clerk reported that the next meeting of the 50th Anniversary Committee will be held on October 11,2007. The committee is seeking sponsorships from individuals and businesses;these sponsorships will be highlighted in a booklet and a calendar that will be distributed to every address in the Village;a form is available in the current Village Newsletter. Commemorative 50th anniversary key chains and note cards are currently available at Village Hall. VILLAGE MANAGER'S REPORT Mr.Brimm reported on the August 23,2007 rain storm and the effect that it had on several areas in the Village. In answer to a question from Trustee Braiman with regard to the flooding situation on Beechwood,Mr.Brimm confirmed that standards were different when those homes were constructed,and detention/retention ponds were not the norm at that time. Mr.Boysen elaborated on projects that the Village has undertaken over the years to alleviate the occurrence of flooding in the Cook County area of the Village. Mr.Boysen commented on several options that the Village is investigating to mitigate the flooding that occurs in certain areas. Trustee Braiman suggested that it would be appropriate for staff to look at outsourcing to another engineering company to take a look at this situation to see what potential exists to solve the problem. Trustee Berman also encouraged staff to further explore the suggestions by Mr.Boysen,and to come back to the Board with some concrete proposals for what might be done to mitigate these problems. The good news regarding the August 23`d storm was that the water did recede fairly quickly,although that does not help those residents who had water enter their homes. Mr.Boysen stated that he did not have a more current update on the Buffalo Creek Reservoir expansion. In the future,there will be quarterly updates,but he does not have that information available at this time. Trustee Berman stated that this is about a system that needs to function properly,and the Village needs to become informed and get involved and join with other communities if state and funding needs to be provided for watershed relief in the area;he also believes bringing in an outside consultant to take another look at the situation. Trustee Trilling noted that it appears that the majority of homes that had problems are the ones where the driveway slopes downward from the street level to the garage,and he asked if those types of structures are still being allowed. Mr.Brimm responded that he does not believe that those types of homes are still being built. Mr. Boysen reviewed some of the home remodeling steps that residents have taken to remedy the problems caused by the sloping driveways. Trustee Glover related the method that a friend of hers used to remedy the sloping driveway scenario. Several residents of Beechwood Road related the problems that they experience with heavy rain storms: • The water comes up very heavy and fast and runs over the grass • The speed and force of the water can be very dangerous • There is not sufficient drainage in the streets • Suggestion that residents volunteer to take responsibility for keeping individual drains clean, and to fine residents that blow leaves into the street,which would ensure that the drains are kept clean • Residents presented photos of the area when there is heavy rain and the flooding occurs 11912 09/10/2007 • Suggestion to put in a sewer to run south of Beechwood toward Lions Park Mr.Brimm noted that a report will be brought back to the Board at the September 24,2007 meeting,and asked the residents to leave their names and addresses with staff so that the Village is able to keep them informed of meetings and/or progress on this issue. Mr.Brimm presented a brief history of the uses allowed for Lord's Love Church, located at 1250 Radcliffe, and reviewed the steps that have been taken to remedy the concerns brought before the Board at the August 6, 2007 Board Meeting;he noted that the owners complied with all requests from the Village and were very cooperative. Mr.Brimm stated that staff recommendation is to go through a special use process and have the �./ appropriate Public Hearing and notification and consider allowing the current uses,and only the current uses,to continue with parameters set upon them so that they may continue to operate in an orderly manner. Mr.Brimm has met with both owners personally,and he believes that the business is a very low-key operation. Trustee Glover left at this time because of illness. Moved by Braiman,seconded by Berman,to refer the Lord's Love Church property to the Plan Commission for review and recommendation. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,President Hartstein NAYS: 0—None ABSENT: 3—Glover,Kahn,Rubin Motion declared carried. In answer to a question from Trustee Berman,Mr.Brimm stated that all the signage objected to by residents has been removed,and again noted that the owners have done everything that has been requested of them. PUBLIC HEARING—SANTUCCl/VENTRELLA PROPERTY President Hartstein called the Public Hearing for consideration of the First Amendment of the Santucci/Ventrella Annexation Agreement concerning the proposed Berenesa Plaza,a Planned Unit Development in the B-3 and O&R Districts,at the northwest and southwest corners of Deerfield Parkway at 9:08 P.M. Notice of this Public Hearing was published in the Daily Herald on August 25,2007. Mr.Brimm summarized a brief history of the subject property. Ken Kuchler,Project Manager,Single Site Solutions Corporations;Michael Caldwell,Marchris Engineering; and Peter Ullasz, OKW Architects were sworn in to give testimony. Mr.Kuchler presented an overview of the proposal and the proceedings to date regarding the property,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr. Caldwell then reviewed the Site Plan and the engineering aspects of the plan,noting that the Plan Commission has been very helpful in working with the developer. Mr.Ullasz pointed out several things that the developer added and modified through work with the Plan Commission workshops;he also reviewed the architecture of the center. Mr.Kuchler reviewed a request that they have regarding Section 5, Subsection B of the amendment, and explained the reasons for that request. Trustee Braiman noted that he appreciates all the work that has been done, as well as the continuous communication that has been had between the developer and the Village; this was originally referred with the caveat that the Village did not want to have certain types of uses, i.e.drug store and bank, and then have nothing else done and we do not get the other uses that we want, i.e. hotel and restaurants;the owners have assured the Village that scenario will not happen;Mr.Kuchler's comments concern Trustee Braiman. Trustee Braiman 11913 09/10/2007 stated that the understanding has always been that there will be a minimum of two restaurants before talking about the drug store and the bank. The Village does not really have a need for any more banks,but agreed for this development because of the other positive uses that would go along in this development. Mr.Kuchler stated that they are asking that the agreement change the wording from two restaurants being open for business to two or more restaurants commencing construction. Trustee Braiman stated that he believes that the developer and staff should continue to meet to discuss this issue; he suggested a scenario where construction could be started on the other uses,provided that they not be allowed to open for business until perhaps three restaurants open. Trustee Berman stated that he will not backslide off of a level of commitment that the developer needs to make; the Village has waited decades for this property to be developed;it is a gateway to the community and a well- situated parcel;it must include signature retail and commercial development in which the community may take pride; it is an opportunity to expand the retail base for the community;there is not a need in the community for a bank or a drug store. Trustee Berman does want to see this project go forward,and he wants to see a development that is mutually beneficial to the community and the developer,but he believes the plan as proposed remains somewhat disappointing;he has not seen anything remotely approaching a commitment from any retail or restaurant user;the Village will do whatever it can to see that it is ready to move forward when the developer is prepared to move forward,but until he has reason to believe that something substantial is coming, he has a hard time with the proposal. Trustee Trilling agrees completely with Trustee Berman;he wants the project to move forward;he hopes there is a way to modify the phasing plan;he agrees with Trustee Braiman in perhaps tying something into the certificates of occupancy being issued. Mr.Kuchler stated that the suggestion was brought up as an item to consider,and they are more than willing to work with the Board to achieve a successful solution for both the developer and the Village;he also confirmed that they are committed to the project and to build the entire project out, and they are working very hard to make this a viable project. Trustee Trilling asked that a more detailed pedestrian map and landscape plan be presented at the next meeting. President Hartstein stated that the bottom line is the end users—quality end users need to be solidified;he wants to see the project move forward in a positive way for the community Trustee Braiman responded to several of Trustee Berman's comments;he noted that it is difficult for the developer to make everyone happy;he wants to be sure that the developer is able to go out and market this property;he wants the developer to be sure that they know that Buffalo Grove wants this project,but we want it the right way. Pat Geske,a resident of the Pekara subdivision,asked about the divider between the commercial and the residential,as well as those facilities that will have drive-up operations. Mr.Ullasz and Mr. Caldwell responded to Mr. Geske's questions. Mr. Brimm responded with regard to the proposed drive-up operations in the center,and Mr.Caldwell answered a question regarding how this center will affect flooding in the Pekara subdivision. Rob Sherman,resident, asked about the landscaping proposal,noting that the Town Center has landscaping that is so effective that no one can see the businesses that are in the center. Mr.Ullasz explained,and noted that the businesses will be visible and they will be attractive. President Hartstein asked if there were any questions or comments from other public bodies,members of the audience or the Board; there were none. 11914 09/10/2007 Mr.Raysa noted that the purpose of this Public Hearing is to review a certain draft dated 9/7/2007 of a proposed Annexation Agreement Amendment to the development known as Berenesa/Ventrella property. At 10:10 P.M., it was moved by Berman and seconded by Braiman to continue this Public Hearing until 7:30 P.M. on September 24,2007 at 50 Raupp Boulevard,Buffalo Grove,Illinois. Trustees Berman and Braiman amended the motion to also include Agenda item XII.,A. Upon roll call, Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,President Hartstein NAYS: 0--None ABSENT: 3 —Glover,Kahn,Rubin Motion declared carried. QUESTIONS FROM THE AUDIENCE Rob Sherman,resident,noted that Old Arlington Heights Road is a mess,and has large potholes and is broken up and rutted,and he is asking that the Village look into this further and do whatever possible to get this road brought up to standard. Peggy Shapiro, grandmother of Max Randall,thanked the Board for the Proclamation in support of Canavan Research Illinois and her grandson and all the children affected with this neurodegenerative disease. This year's Charity Ball to be held on October 13,2007 will honor Max Randall on his 10th birthday,which is a huge milestone to children stricken with this disease. Trustee Trilling thanked Mrs. Shapiro for waiting through this unusually long meeting to share her thanks with the Board,and told her that she should feel free to interrupt anyone if this were to happen again. 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;it was requested that Item XI.A.be removed from the Consent Agenda. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Moved by Braiman, seconded by Berman,to defer action on Item XI.,A.until the September 24,2007 Board Meeting. Upon voice vote,the motion was unanimously declared carried. Moved by Trilling, seconded by Berman,to approve the Consent Agenda. ORDINANCE#2007-52—ROYAL TOUCH CAR WASH Motion to pass Ordinance#2007-52 granting variations from Section 14.20.030,pertaining to Business Districts; and Section 14.20.070,pertaining to Ground Signs,of the Buffalo Grove Sign Code for Royal Touch Car Wash, 1701 Weiland Road. l Upon roll call,Trustees voted as follows on the Consent Agenda: �./ AYES: 4—Braiman,Berman,Trilling,President Hartstein NAYS: 0—None ABSENT: 3--Glover,Kahn,Rubin Motion declared carried. RESOLUTION#2007-27—WATER SYSTEM STUDY Mr. Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. 11915 09/10/2007 Moved by Trilling,seconded by Berman,to pass Resolution#2007-27,approving an Engineering Services Agreement related to a Comprehensive Water System Study Update. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,President Hartstein NAYS: 0—None ABSENT: 3—Glover,Kahn,Rubin Motion declared carried. PARKWAY TREE REPLACEMENT Li Mr. Brimm reviewed this proposal,details of which are contained in the Village Board meeting Agenda Item Overview prepared by Mr.Kuhl. Moved by Braiman, seconded by Berman, to authorize purchase of Parkway Replacement Trees—Calendar 2007 Option Authorization. Mr.Brimm confirmed that this order does not include any ash trees. Trustee Trilling asked if it would be possible to include the option for residents to also take advantage at the Village price. After brief discussion,it was determined that staff will investigate this possibility. Upon roll call,Trustees voted as follows: AYES: 4—Braiman,Berman,Trilling,President Hartstein NAYS: 0—None ABSENT: 3—Glover,Kahn,Rubin Motion declared carried. ADJOURNMENT Moved by Berman,seconded by Trilling,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 10:25 P.M. Janet irabian,Village Clerk APPROVED BY ME THIS 24th DAY OF September ,2007 G v Village President