2007-11-19 - Village Board Regular Meeting - Minutes 11942
11/19/2007
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,NOVEMBER 19,2007
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,Kahn,
Trilling. Trustee Rubin was absent.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,
Deputy Village Manager;Scott Anderson,Finance Director;Robert Pfeil,Village Planner;Ed Schar,
Building Commissioner;Rick Kuhl, Superintendent of Public Works,Operations.
APPROVAL OF MINUTES
Moved by Trilling,seconded by Braiman,to approve the minutes of the November 5,2007 Regular
Meeting. Upon roll call,Trustees voted as follows:
. AYES: 3 -.Braiman,Berman,Trilling
NAYS: 0—None
- ABSTAIN: 2—Glover,Kahn
ABSENT: 1 -Rubin
Motion declared carried.
APPROVAL OF MINUTES
Moved by Glover,seconded by Kahn,to approve the minutes of the November 12,2007 Special Meeting.
Upon roll call,Trustees voted as follows:
AYES: 5 - Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 -Rubin
Motion declared carried.
WARRANT#1085
Mr.Anderson read Warrant#1085. Moved by Kahn, seconded by Glover,to approve Warrant#1085 in the
amount of$2,416,727.89,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Hartstein congratulated the Inter-Faith Council on the Thanksgiving ecumenical service held
Sunday night with over 1000 people in attendance. He wished the entire community a Happy
Thanksgiving.
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BLOOD DRIVE
Trustee Kahn announced the Community Blood Drive being held on Saturday,December 1 at the Alcott
Center, 530 Bernard Dr. from 8-1:00 p.m.
VILLAGE MANAGER'S REPORT
Mr.Brimm noted the submittal of the Management Report for the month of October 2007;there were no
questions on the report.
SAVED BY THE BELT AWARDS
Chief Steven Balinski introduced Sergeant Scott Kristiansen and Officer Randy Smith. Sgt.Kristiansen
reviewed the criteria for the Thanksgiving edition of the Saved by the Belt awards,and thanked the Board
and the Police Department for their support of traffic safety in the Village. Sgt.Kristiansen then presented
certificates and a medallion from the State.of Illinois to the Bennett family,dad Joseph,and children Alex
and Bryanna;the Grantskog family,mom Bonnie and children George and Andelyne;and the Letellier
family,mom Carla and son Gregory. These families were saved by wearing seat belts in recent accidents.
THANKSGIVING COLORING CONTEST WINNERS
Officer Randy Smith explained the Buffalo Grove Police Department's Thankful Thanksgiving Coloring
Contest and presented savings bonds donated by First Midwest Bank to the winners. The following
children are winners of this years contest and were selected by officials from First Midwest Bank:
Mia Schiakallis,kindergartener,Longfellow school;Ariella Ensinger, 1st grader Ivy Hall;Leah Gomberg,
2nd grader Kilmer;and Alex Sarota,31-d grader from Tripp.
President Hartstein congratulated all of the winners,as well as the Police Department.
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.
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. Deputy Village
Clerk Jane Olson,then read a brief synopsis of each of the items on the Consent Agenda.
Moved by Berman,seconded by Braiman to approve the Consent Agenda.
ORDINANCE 2007-73—Amending Chapter 12.04
Motion to approve Ordinance No.2007-73,An Ordinance amending Chapter 12.04,Construction and Use
of Public Ways of the Village of Buffalo Grove Municipal Code.
RESOLUTION No.2007-32—Aptakisic Creek Streambank Stabilization Project
Motion to approve Resolution No. 2007-32, approving the Intergovernmental Agreement with the Lake
County Stormwater Management Commission related to the Aptakisic Creek Streambank Stabilization
Project.
GRANT AGREEMENT
Motion to approve the Illinois Emergency Management Agency Public Assistance Grant Agreement.
II
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11/19/2007
APTAKISIC CREEK CORPORATE PARK—DIA&Final Plat
Motion to approve the Development Improvement Agreement and Final Plat for the Aptakisic Creek
Corporate Park.
Upon Roll Call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Trilling
Motion declared carried
ORDINANCE No.2007-74—Home Day Care
Moved by Glover,seconded by Berman to approve Ordinance No.2007-74,approving the reauthorization
of a Special Use to operate a child day care home at 621 Harris Drive,Zoned R-9 Planned Unit
Development.
Mr.Brimm noted that an administrative review to renew the Special Use was conducted. No problems
were identified by village departments or neighbors. It is the Staff recommendation to renew this Special
Use for a time not to exceed two years.
Trustee Berman commented that this is a newly designed process and it is exactly what was requested by
the Board.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
ORDINANCE No.2007-75—Sian Code
Moved by Kahn seconded by Braiman,to approve Ordinance No,2007-75,amending Title 14, Sign Code,
of the Village of Buffalo Grove Municipal Code as outlined in the packet dated 10/25/07.
Mr. Brimm gave a brief history for the need of the Sign Code amendment and making the Village Sign
Code in compliance with case law especially as it pertains to political signs and temporary signs placed in
public areas.
Mr.Raysa gave an overview of the placement of signs addressed in this ordinance. The Village's previous
Sign Code had pre-election and post election durational time limits. State&Federal courts have held that
pre-election durational time limits are in violation of the First Amendment. The pre-election durational
time limits have been deleted from this ordinance. Election Code provides that on election day there is a
campaign free zone allowing no electioneering including political signs within 100 feet of the polling place
room. Beyond the 100 feet and to the end of the property there is a public forum zone. Electioneering and
political signs are allowed beyond that. No signs of any type are allowed within the village right of way.
Mr.Raysa responded to a question from Trustee Braiman,that the violator is the person who placed the
sign.
Trustee Berman's concern is that the ordinance is enforced equally. He would like to see a better job of
policing the signs. He challenged the Staff to actively and consistently enforce the law so as not to be
challenged.
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11/19/2007
President Hartstein verified with Mr.Raysa that the Village has the right to remove any items within the
right of way.
Trustee Glover commented that signs may go up on the weekend and are not taken down until Monday.
Mr.Brimm commented that a Building&Zoning inspector does work some weekends and he will be more
pro-active.
Mr. Schar added that signs taken down are brought back to the Building&Zoning Department. To retrieve
signs,a$20 fine per sign is assessed one time only; each time after that signs are disposed.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1—Rubin
Motion declared carried.
RESOLUTION NO.2007-33—CIP Plan FY 2008-2012
Moved by Braiman seconded by Berman to approve Resolution No.2007-33,approving the Village of
Buffalo Grove Capitol Improvement Plan FY 2008-2012 in accordance with the Capitol Improvement Plan
that was presented at the November 19,2007 Village Board meeting.
Trustee Braiman noted that this is a planning document and we are not approving any projects. Any project
will need to go through the budget process before approval
Upon roll call,Trustees voted as follows: •
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
PURCHASE OF VEHICLES-Authorization to Waive Bids
Moved by Braiman,seconded by Trilling,to approve the authorization to waive bids and purchase
replacement Public Works and Golf Operations vehicles through the Suburban Purchasing Cooperative
Contract Provider for an amount not to exceed$199,305.
Mr.Brimm explained that a waiver is requested based on past practices where the Village has used
cooperatives such as the Suburban Purchases Cooperative which is a joint venture of the NWMC. This
group finds contracts and purchases for all local governments. Their recommendations go through a
bidding and procurement process which result in the lowest bids.
Trustee Berman verified that the bid waiver tonight is because the cooperative process takes the place of
the bidding process.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
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WATERMAIN VALVE TURNING TOOL—Authorization to Purchase and Waive Bids
Moved by Trilling,seconded by Kahn,to authorize the purchase and waive bids for a watermain valve
turning tool.
The recommendation is to purchase this tool that is within the budget and best serves the needs of the
department. Based on technology used in this tool,it will lead to improvement in the maintenance of the
utility system.
Li
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
LAND AND LAKES PROPERTY—Pre-Application Conference
Mr.Brimm introduced the topic,details of which can be found in the Overview found in the packet. He
introduced Mr.Jim Cowhey,president of Land&Lakes who introduced family members.
Matt Norton,from Holland&Knight,legal counsel,introduced members of the project team and described -
the project. The two parcels along Milwaukee Avenue are in unincorporated Lake County. It covers 58
acres on the west side of Milwaukee Avenue and 18 acres on the east side. The west portion consists of a
landfill that has not been used for several years. The property in the front is a landscape transfer station. •
The permit for that property is about to expire. This use would be moved to the seven acres on east side of
Milwaukee Avenue. This would free up the 58 acres for commercial development. The concept plan for •
the front 18 acres on the west side includes restaurants,an anchor retail and a hotel. The majority of the
landfill site would be used for parking. The plans include moving the landscape transfer station to the east
side of Milwaukee Avenue. The IEPA has verbally approved this use.
Trustee Braiman asked if there were any time restrictions concerning building on the west area. Jim
Cowhey replied that there are 2 'h years left in the 15 year Post Closure Care required by the IEPA,after
which they can build with some restrictions. The parking lot can be developed in the second phase of
development. Parking level construction can be staged as the development grows. The elevation
difference between the parking and the commercial spaces is 15-20 feet. Mike Loganfeld noted pedestrian
walks or a"piazza"will link the parking area to the second level store entrances. Trustee Braiman is
concerned about the access to the retail and the parking being at different elevations.Talks have taken
place with many proposed tenants,but the final mix of types of tenants has not yet been decided. The
feasibility of a hotel has not yet been determined.Certain uses will be restricted according to B-3 zoning
and will be listed within the annexation agreement.Trustee Braiman suggests referral to the Plan
Commission.He requests that the Plan Commission look at the parking elevation situation.
Trustee Berman commented that he is not put off by the parking being visible at the street. He is interested
in seeing what is feasible in terms of elevation and how it will be worked. He would like to see more
definition of the vision in terms of what kinds of tenancy. He does not want to see another strip center or
more banks,or a pharmacy. He questions the feasibility of the hotel. He inquired about a realistic time
frame. Jim Cowhey replied that the land fill business can be moved to the east side within a year which
would free up the west side for redevelopment. This will allow work on the frontage of the west side to
begin,such as utilities,detention and grading. He noted that the east side is bounded by forest preserve and
other villages. Trustee Baerman stressed the site be managed consistent with their interests as well. It is an
isolated parcel dedicated to Lake County Forest Preserve and inquired if they object to the landscape
transfer station. The Des Plaines River Trail is on their property and neither the Forest Preserve nor
surrounding villages object to their landscape waste operation. Bruce Knapp,Operations Manager from
Land&Lakes,described the landscaping with 18 foot walls and attractive landscaping at the street. The
site will also include a retail sale operation of landscape materials.
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11/19/2007
Trustee Kahn asked about the continuation of Des Plaines bike trail. The east parcel will be deeded over to
the Lake County Forest Preserve District. This will allow the completion of the trail with the possible
exception of one piece.
Trustee Trilling asked if the retail is one tenant occupying two stories or two tenants occupying one story
each. Mike Loganfeld answered that has not been determined and will depend on the tenant. Trustee
Trilling cautioned against a two story shopping center due to the fact that Streets of Woodfield with a two
story design had not worked. He also questioned the need for signalization at the two entrances on the east
sige. The southern entrance is only an option. He requested the Plan Commission look closely at the
signalization due to the fact that the signals are close,and the fewer signals the better.
Trustee Braiman asked about access to the property at City Park at the north and property to the south of
the subject property. Jim Cowhey replied that he has been in communication with that property owner and
it is their intent to accommodate both parcels with traffic circulating through both properties.
Moved by Braiman seconded by Kahn to refer Land and Lakes to the Plan Commission.
AYES: 5—Braiman,Glover,Berman,Kahn,Trilling
NAYS: 0—None
ABSENT: 1 —Rubin
Motion declared carried.
ADJOURNMENT
Moved by Braiman,seconded by Kahn to adjourn the meeting.. Upon voice vote,the motion was declared
carried and the meeting was adjourned at 8:45.p.m..
01?4,,0-7/\../
ne Olson,Deputy Village Clerk
APPROVED BY ME THIS DAY OF ,2007
Village President