2007-09-24 - Village Board Regular Meeting - Minutes 11916
09/24/2007
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 24,2007
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 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 and
Rubin. Trustee Kahn was absent.
Also present were: William Brimm,Village Manager; William Raysa,Village Attorney; Scott Anderson,
Finance Director;Gregory Boysen,Director of Public Works;David Haisma Utilities Superintendent;Richard
Kuenkler,Village Engineer;Robert Pfeil,Village Planner;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Trilling, seconded by Braiman,to approve the minutes of the September 10,2007 Rescheduled
Regular Meeting.Upon roll,Trustees voted as follows:
AYES: 4-Braiman,Glover,Berman,Trilling
NAYS: 0 None
ABSTAIN: 1 —Rubin
ABSENT: 1—Kahn
Motion declared carried.
WARRANT#1081
Mr.Tenerelli read Warrant#1081. Moved by Glover, seconded by Berman,to approve Warrant#1081 in the
amount of$3,337,744.77, authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 1 —Kahn
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Hartstein introduced Charles Berman,the new reporter from the Countryside publication.
President Hartstein read from a Proclamation declaring the week of October 7-13,2007 as Fire Prevention
Week throughout Buffalo Grove, and called upon residents to participate in activities at home, school,and work
and to follow the 2007 theme of Practice Your Escape Plan.
President Hartstein read from a Proclamation declaring October as National Breast Cancer Awareness Month,
and October 13,2007 as Metastatic Breast Cancer Awareness Day,and urged all persons in our community to
become aware of their own risks of breast cancer,to talk to their health care providers about breast cancer, and,
where appropriate,to get screened for the disease.
President Hartstein read from a Proclamation declaring the month of October as Domestic Violence Awareness
Month in the Village of Buffalo Grove,and encouraged residents to join forces with victim service programs,
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criminal justice officials and concerned citizens across the country to raise the public awareness of domestic
violence issues.
TRUSTEE REPORTS
Trustee Braiman reported on the success of the Gas Can Exchange program that took place on September 15,
2007. This was held in conjunction with the Clean Air Council,and was a huge success. Buffalo Grove was
allocated 100 plastic gas cans,which had been distributed by 10:00 A.M. The Clean Air Council is already
working on a spring 2008 event.
Trustee Berman reported that,at long last,the final Notice of Establishment for the Canadian National Railway
Quiet Zone was filed with the appropriate agencies and railroads on September 20,2007. The new corridor
Quiet Zones will go into effect at 12:01 P.M on Friday,October 12,2007 at 12:01 P.M. Trustee Berman briefly
reviewed further details, and again congratulated Mr.Brimm,noting that it is through his efforts that the Village
now borders on having a quiet zone,which at times seemed like a pipe dream,and it is through Mr.Brimm's
hard work and dedication that Buffalo Grove may enjoy our first moment of silence.
Trustee Berman,as liaison to the Plan Commission,noted that Commissioners have made him aware of a
concern that they are operating short-handed,and he urged President Hartstein to fill the vacancy as soon as
possible
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 electronic items into landfills. There are also several household waste disposal events to
be held this fall.
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 50`11 anniversary key chains and note cards are currently
available at Village Hall.
VILLAGE MANAGER'S REPORT
Mr.Brimm noted the submittal of the Management Report for the month August 2007;there were no questions
on the report.
PUBLIC HEARING—SANTUCCl/VENTRELLA PROPERTY
President Hartstein called the continued,from September 10,2007,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/Milwaukee Avenue,to order at 7:50 P.M. Notice of this Public Hearing was published in the Daily
Herald on August 25,2007.
Ken Kuchler,Project Manager, Single Site Solutions Corporations,noted that they are before the Board to
conclude the Public Hearing,and noted that they have worked with staff to revise the Amendment for the
Annexation Agreement,which they believe will be agreeable to everyone. Mr.Kuchler distributed drawings
depicting the pedestrian routes for the site.
Mr. Ullasz,OKW Architects, reviewed and explained the revised pedestrian route plan and the landscaping.
Trustee Trilling thanked the developer for providing these details, and also asked several questions which were
answered by the developer.
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Mr. Raysa noted that before the Public Hearing tonight is that certain Amendment to the Annexation Agreement
for the Berenesa/Ventrella Property dated 9/18/2007 in the upper left-hand corner of page one. Mr. Raysa then
reviewed the changes that have been made to the document since the matter was before the Village Board at a
Public Hearing,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by
Mr.Pfeil.
In answer to a question from Trustee Berman,Mr.Raysa confirmed that the language that refers to the Letters of
Intent being accepted by the Village and the Village's sole discretion also includes whether a particular
restaurant or restaurant use is acceptable to the Village,and Mr. Kuchler noted that the developer agrees with
Mr.Raysa's interpretation.
Mr. Kuchler stated that they are still not able to release any identities for any retail or restaurants that may be
I located on the property,but they are moving along with negotiations for 3-4 restaurants. The lease negotiation
for the hotel is also progressing.
Mr. Kuchler confirmed that Section 5,Part B states that they have to have Certificates of Occupancy awarded for
three restaurants before they can get a Certificate of Occupancy for a bank or a drug store.
President Hartstein asked if there were any further questions from members any other public bodies,members of
the audience or the Board;there were none.
At 8:02 P.M.,President Hartstein continued the Public Hearing until the item is considered later on in the
agenda.
PUBLIC HEARING—SPORTSLINE PROPERTY
At 8:02 P.M.,President Hartstein noted that the developer has requested that the Public Hearing for the
consideration of an Annexation Agreement concerning the SportsLine Property(Terico Property), 15801 W.
Aptakisic Road,be continued until the next meeting on October 1,2007.
Moved by Braiman,seconded by Berman,to continue the Public Hearing for the SportsLine Property until
October 1,2007. Upon roll call,the motion was unanimously declared carried.
At 8:03 P.M.,the Public Hearing was continued until October 1,2007.
QUESTIONS FROM THE AUDIENCE
Ken Haugsness,505 Weidner Road,commented on the flooding that took place on Weidner and Beechwood
Roads during the August 23,2007 storm;he would like the Village's cooperation in blocking off the street when
flooding conditions occur so that traffic does not drive down the flooded streets and exacerbate the flooding
condition.
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.
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Moved by Glover, seconded by Braiman,to approve the Consent Agenda.
ORDINANCE#2007-53—LAKE COOK ROAD BIKEPATH
Motion to pass Ordinance#2007-53,directing the conveyance of real estate commonly known as the Lake Cook
Road Bikepath Parcels to the County of Cook.
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ORDINANCE#2007-54—DISPOSAL OF SURPLUS PROPERTY
Motion to pass Ordinance#2007-54,authorizing the disposal of surplus Village personal property.
VILLAGE HALL CARPET REPLACEMENT
Motion to authorize bid for Village Hall carpet replacement program.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 6—Braiman,Glover,Berman,Trilling,Rubin,President Hartstein
NAYS: 0—None
ABSENT: 1 —Kahn
Motion declared carried.
ORDINANCE#2007-55—SANTUCCl/VENTRELLA ANNEXATION AGREEMENT
Moved by Berman,seconded by Braiman,to pass Ordinance#2007-55,approving 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 and
Milwaukee Avenue,based on the materials in Board packets,specifically the draft dated September 6,2007A.
President Hartstein asked if there were any further questions or comments from other public bodies,the audience
or the Board;there were none. President Hartstein closed the Public Hearing at 8:10 P.M.
Trustee Berman read a statement reviewing his thoughts on this proposal. Trustee Berman stated that he has
given this matter a great deal of thought. Mr.Kuchler confirmed to Trustee Berman that the only material
modification of the development proposal is the change to the language of Paragraphs 5A and 5B of the
proposed Amended Annexation Agreement.
Trustee Berman stated that these gateway parcels represent the last and best opportunity for a signature retail and
commercial development for the Village;he was hopeful that the proposal would contain the kind of creativity
that would meet the objectives,needs and desires of the Village for expanded retail and restaurant opportunities,
and service to meaningfully expand our retail sales tax base for the benefit of the entire community. However,
he remains profoundly disappointed in the proposal because he does not believe,even with the modifications,
that it meets those objectives.
Trustee Berman believes that the layout of the site fails to appropriately maximize both the marketability to retail
tenants of the type the Village would like to see located here, or the benefits or desirability of the center to
Village residents as a gateway,signature development.
Trustee Berman stated that he has seen nothing to make him believe this proposal is the answer to the hopes and
desires of the Village;he understands and appreciates that some of his colleagues are not fully in accord with his
views and most are prepared to approve this proposal;he respects those opinions and will defer to their
judgment,and he sincerely hopes that the developer justifies the faith of the Village in this proposal. For these
reasons,albeit with great reluctance and a sense of profound disappointment,he cannot in good conscience cast
an affirmative vote in favor of approval of the proposal tonight.
Trustee Trilling concurs very strongly with Trustee Berman. This is the gateway to the community and everyone
wants it to succeed and be something of which to be proud. Trustee Trilling stated that he will cast an
affirmative vote so that the developer will be able to move this project forward to be something bigger and better
than the Village ever expected.
Mr.Kuchler stated that they,too, want to make this project something better than anyone anticipated and
something all may be proud of, and they will continue to communicate with the Village as they talk with
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prospective tenants. Mr.Kuchler noted that they respect Trustee Berman's opinions,and they hope that they
can prove his opinions wrong.
Trustee Braiman stated that he also respects Trustee Berman's opinions,but he thinks that it is imperative to
approve this development,and he thinks the developer has done a good job,he also shares some of the same
concerns with Trustee Berman. Trustee Braiman stated that the developer as been very cooperative in
complying with requests from the Village,and he realizes that the developer has made a tremendous investment
in this property and,therefore,is also very anxious for the project to succeed. Trustee Braiman stated that he is
concerned that,if this project is not approved,there will be no development,and the proposed uses will be
pushed down the street where we will get no benefit;he will be voting affirmatively,but he is asking that the
developer not disappoint the Board and the Village.
Trustee Rubin is also very disappointed in the lack of creativity;this is the gateway to the Village and he was
hoping for something creative,and he does not see that in this plan;he is disappointed that he is looking at a sea
of concrete;if the proposal does pass,he hopes that the developer will surprise the Board and the uses that are
brought in will be an enhancement to the Village.
Trustee Braiman pointed out that the so-called sea of concrete is necessary because of the parking required by
the Village;he believes that the development is somewhat unique for the Village.
President Hartstein also commented that he also wants this to be a special development and is hopeful that it will
be;he is pleased with the willingness of the developer to work with the Village.
Trustee Berman stated that he has the same hopes and aspirations for this parcel,but he does not have the level
of confidence that others do to take the leap of faith;he sincerely hopes this is a success and hopes that some day
the developer can look him in the eye and say"I told you so!".
Mr.Kuchler stated that they are committed to bringing a level of uses to this project that will be a unique and
successful addition to the community.
Upon roll call,Trustees voted as follows:
AYES: 4—Braiman,Glover,Trilling,President Hartstein
NAYS: 1 —Rubin
PRESENT: 1 —Berman
ABSENT: 1 —Kahn
Motion declared carried.
Mr.Raysa confirmed that the above vote constitutes sufficient votes for passage.
ORDINANCE#2007-56—SANTUCCIIVENTRELLA ZONING
Moved by Berman,seconded by Braiman,to pass Ordinance#2007-56,approving zoning in the B-3 Planned
Business Center District and the Office&Research District pursuant to the First Amendment of the
Santucci/Ventrella Annexation Agreement concerning the Planned Unit Development for the proposed Berenesa
Plaza,based on the materials in Board packets,specifically the draft dated September 20, 2007. Upon roll call,
Trustees voted as follows:
AYES: 4--Braiman,Glover,Trilling,President Hartstein
NAYS: I --Rubin
PRESENT: 1 --Berman
ABSENT: 1 --Kahn
Motion declared carried.
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ORDINANCE#2007-57—APTAKISIC CREEK CORPORATE PARK
Moved by Trilling,seconded by Rubin,to pass Ordinance#2007-57,annexing property in the proposed
Aptakisic Creek Corporate Park, south side of Aptakisic Road,north and west of the Leider Greenhouses.
Mr.Brimm reviewed the proposed ordinance.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Rubin,President Hartstein
NAYS: 0—None
ABSENT: 1 —Kahn
Motion declared carried.
ORDINANCE#2007-58—APTAKISIC CREEK CORPORATE PARK ZONING
Moved by Trilling,seconded by Rubin,to pass Ordinance#2007-58,approving zoning in the Industrial District
for the property in the proposed Aptakisic Creek Corporate Park,south side of Aptakisic Road,north and west of
the Leider Greenhouses.
Mr.Brimm reviewed the proposed ordinance.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Rubin,President Hartstein
NAYS: 0—None
ABSENT: 1 —Kahn
Motion declared carried.
PROFESSIONAL ENGINEERING SERVICES
Moved by Trilling,seconded by Berman,to authorize the execution of an agreement and request for waiver of
bidding for professional engineering services—Stormwater Consultation—Christopher B. Burke,Ltd.
Mr.Brimm reviewed this proposal.
Trustee Trilling thanked staff for getting this proposal together so quickly,and proceeded to explain to residents
what is involved in this process.
Trustee Braiman asked that Village staff or the engineering consultants make recommendations to the
homeowners as to steps that they make take to help alleviate this problem.
Upon roll call,Trustees voted as follows:
AYES: 4—Braiman,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 2—Glover,Kahn
Motion declared carried.
INTERNATIONAL 7400 SBA CHASSIS
Moved by Braiman, seconded by Berman,to authorize purchase and waiver of bids for a 2007 International 7400
SBA Chassis w/Camel Super Product Combination Catch Basin Cleaner/Flusher(Central Garage Unit 435).
Mr. Brimm reviewed the reason for requesting this piece of equipment,after which he answered questions from
Trustees and identified the reason for the bid waiver.
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Mr. Brimm confirmed to Trustee Braiman that this purchase is fully funded by the Central Garage Fund.
Upon roll call,Trustees voted as follows:
AYES: 4—Braiman,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 2—Glover,Kahn
Motion declared carried.
EXECUTIVE MEETING
�•/ Moved by Berman,seconded by Braiman,to move to Executive Meeting to discuss Pending Litigation. Upon
roll call,Trustees voted as follows:
AYES: 4—Braiman,Berman,Trilling,Rubin
NAYS: 0—None
ABSENT: 2—Glover,Kahn
Motion declared carried.
The Board moved to Executive Meeting from 8:50 P.M.until 9:18 P.M.
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 9:19 P.M.
Jane Sirabian,Village Clerk
APPROVED BY ME THIS 1st DAY OF October ,2007 Village President