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2007-04-09 - Village Board Regular Meeting - Minutes 11847 04/09/2007 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,APRIL 9,2007 CALL TO ORDER President Hartstein called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the l Flag. �./ ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Kahn,Trilling and Rubin. Also present were: William Brimm,Village Manager;Ghida Neukirch,Deputy Village Manager; Scott Anderson,Director of Finance;Gregory Boysen,Director of Public Works;Rick Kuhl,Superintendent of Public Works;Ed Schar,Director of Building&Zoning;Brian Sheehan,Village Health Office;Robert Pfeil,Village Planner;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Kahn, seconded by Glover,to approve the minutes of the March 19,2007 Regular Meeting.Upon roll,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. WARRANT#1070 Mr. Tenerelli read Warrant#1070. Moved by Berman, seconded by Glover,to approve Warrant#1070 in the amount of$1,705,784.81, authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT Don Roalkvuam,President of the Indian Trails Public Library,introduced several members of the Board present, and thanked the Village Board for their support of the Indian Trails Public Library. President Hartstein then read a Proclamation declaring April 17,2007, as National Library Workers Day,and encouraged all residents to take advantage of the many services that our library districts offer. President Hartstein read from a Proclamation declaring April 27,2007 as Arbor Day in the Village of Buffalo Grove. Mr.Kuhl then presented the 19th Tree City USA Award for 2006 to President Hartstein, and thanked the Village Board for their support of the forestry program in the Village. �./ President Hartstein reported on the status of the Statewide Smoking Ban. TRUSTEE REPORTS On behalf of the Buffalo Grove Fire Department,Trustee Rubin reminded residents to properly dispose of hazardous household waste materials when cleaning out storage areas now that spring has arrived. These 11848 04/09/2007 materials should not be thrown out with regular trash. For further information,residents can log on to the Solid Waste Agency of Northern Cook County at swancc.org for specific information. In answer to a request from Trustee Braiman,Mr.Brimm noted that the current wage plan for the Village has not been updated for some time,and it is time for the plan to be thoroughly evaluated. What staff would like to do is to retain an independent consulting group,and they are going to bring a recommendation to the Board for authorization to proceed in that manner. President Hartstein stated that he had forwarded a letter to the other taxing bodies in the community encouraging the development of a policy whereby fees can be waived or minimized among the various taxing �•/ bodies;he hopes to convene a meeting to formulate a policy that will be mutually beneficial to all of the taxing bodies. VILLAGE MANAGER'S REPORT Mr.Brimm reviewed the section of the Municipal Code referring to an administrative hearing system and the appointment of an Administrative Hearing Officer to enforce and adjudicate violations of Village ordinances. The reason to discuss this tonight is that it is believed that a child home day care center operating within the village needs to be brought into the administrative hearing process in order to provide for the mandatory due process hearing for the operator toward possible revocation of the special use granted for the facility to operate. Notice has been served to the resident that the Village intends to revoke the special use and business license issued to the facility, and confirming that a due process hearing would be undertaken,and that the owner and operator has a right to request this due process hearing before the Administrative Hearing Officer. The operator has requested the hearing, and based on further direction from the Village Board,staff would bring forward an ordinance to revoke the special use. Trustee Berman confirmed that the Board is not making any pre-judgment as to a specific situation,but merely authorizing a process. Moved by Berman, seconded by Glover,to move that the Village Board approve a designation of the Village Administrative Hearing System,pursuant to Section 2.62.010.A.2.of the Village Municipal Code to hear violations of Village Zoning Code Title 17 and the Village Business License Chapter 5.04, formally authorizing the Hearing Officer to enforce and adjudicate alleged violations of the Zoning Ordinance as well as Chapter 5.04,Business Licenses, in accordance with the memorandum distributed in Board packets. Mr. Brimm then answered questions from the Board. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman, Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. PUBLIC HEARING—FY 2007 APPROPRIATION ORDINANCE President Hartstein called the Public Hearing on the FY 2007 Appropriation Ordinance to order at 7:56 P.M. Notice of this Public Hearing was published in the Daily Herald on March 22,2007. Mr.Anderson made a presentation regarding the FY 2007 Appropriation Ordinance,details of which are contained in his memo to Mr.Brimm of April 3,2007. President Hartstein asked if there were any other public bodies or members of the public with comments or questions;there were none. 11849 04/09/2007 In answer to a question from Trustee Berman,Mr.Anderson confirmed that the fact that appropriations exceed the budget does not mean that the Village will spend in excess of the budget. Appropriations merely provide flexibility in order to respond to contingencies and unforeseen circumstances where budgeted amounts may be exceeded. Staff will return to the Board to obtain authorization in any circumstance where the budget will be exceeded. After confirming that there were no further questions,at 8:00 P.M.,President Hartstein continued the Public Hearing until this item is considered later on in the agenda. QUESTIONS FROM THE AUDIENCE Arlene Gordon,resident,and Remax employee,explained a situation whereby she rented a house to a student at Trinity College,and she subsequently found out that there is more than one person temporarily staying at the house;she has a signed lease through January of 2008. Trustee Glover stated that she works with Ms. Gordon and will not be participating in this discussion. Trustee Braiman stated that the Village received a complaint from a neighbor through e-mail regarding this residence because of excessive noise,cars blocking sidewalks and too many students living in the residence. Trustee Berman stated that he understands Ms. Gordon's frustration,but the fact is that the zoning laws have to be upheld,and there are too many unrelated occupants in the residence;he believes that the Village would try to work with the tenants through the end of the semester on May 12,2007,but they cannot be allowed to stay there through January. Trustees agreed that the students would be able to stay through the end of the semester in May,however,after that,the original lessee and one unrelated adult are the only occupants to be allowed to live in the unit. President Hartstein confirmed that the zoning ordinance only allows that the tenant who signed the lease,and one unrelated adult,are the only ones who may remain living in the unit after the end of the school semester. 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 Trilling,seconded by Kahn,to approve the Consent Agenda. ORDINANCE#2007-10—SURPLUS VILLAGE PROPERTY Motion to pass Ordinance#2007-10,authorizing the disposal of surplus Village personal property. RESOLUTION#2007-13— CORPORATE BANK ACCOUNT Motion to pass Resolution#2007-13, authorizing the opening of a new corporate account at the Buffalo Grove Bank&Trust. �.J JOHNSON DRIVE LIFE STATION Motion to authorize bid for Johnson Drive Life Station rehabilitation. MIX-ON SITE Motion to approve Certificate of Initial Acceptance&Approval,Mix-On site(Abbott Court). 11850 04/09/2007 Upon roll call,Trustees voted as follows on the Consent Agenda: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-11—R-3 DISTRICT Moved by Berman, seconded by Glover,to pass Ordinance#2007-11,approving rezoning from the Residential Estate District to the R-3 District,2801 Prairie Road and 16468 W.Brockman Avenue,in accordance with materials 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 Mr.Pfeil. Staff then answered questions from Trustees. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-12—SOUL TO SOLE DANCE STUDIO Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Braiman, seconded by Berman,to pass Ordinance#2007-12,approving a special use for a dance training facility in the Industrial District,Soul to Sole Dance Studio, 1350 Abbott Court, in accordance with the draft ordinance before the Board dated 4/4/2007. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-13—KINGSWOOD UNITED METHODIST CHURCH Moved by Rubin, seconded by Kahn,to pass Ordinance#2007-13,granting certain variations from Sections 14.40.025 of the Buffalo Grove Sign Code for Kingswood United Methodist Church,401 W. Dundee Road, in accordance with the documentation 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. Schar. Staff then answered questions from Trustees. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling, Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-14—GOLF DOME Moved by Berman,seconded by Kahn,to pass Ordinance#2007-14,amending Ordinance#2002-35 to extend the term of the Special Use for the Buffalo Grove Park District's Golf&Sports Center Dome, 801 McHenry 11851 04/09/2007 Road, in accordance with the ordinance contained in Board packets dated 4/4/2007, and other supportive materials,including a letter from Mr.Rylko revised as of March 26,2007. Mr.Brimm reviewed the proposed ordinance Trustee Braiman asked staff for confirmation that there are no life safety issues;he wants to be sure that staff has thoroughly inspected the dome and that it complies with our codes. Mr. Schar confirmed that there is no problem with long term golf use,but it is not to be used for movies and/or dances etc. Mr.Brimm stated that he has letters from the Police and Fire Departments noting that they have reviewed the site,and they do not have a problem as long as the activities are limited to golf,and some types of sports practices. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-15—PRESTIGE LEASING President Hartstein recused himself from discussions regarding Prestige Leasing based upon his previous representation of the parties involved. Trustee Braiman led the meeting as Temporary Chairman from this point forward. For the benefit of the audience,Temporary Chairman Braiman presented a brief summary of this project. John Schiess,architect and representative for Prestige Leasing,reviewed the modifications and revised elevations since they last appeared before the Board;he also summarized the neighborhood meeting that was held. It was noted that the correct proposed south elevation is SK3.1 dated March 28,2007. Frank Sears,representing Cambridge on the Lake,reiterated the reasons that he is opposing this project,and asked why the Board is approving an architect's rendering rather than working plans. Temporary Chairman Braiman assured Mr. Sears that no permit is issued for any type of building until specific plans are approved by the Village Building Department. Mr. Schiess responded to some of Mr. Sears' comments. Moved by Berman, seconded by Trilling,to pass Ordinance#2007-15,amendment of Special Use concerning Exterior Building Appearance, Prestige Leasing, 88 Dundee Road, in accordance with the specific exhibits presented tonight, i.e.the East Facade titled SK3.6 and dated April 9,2007,and the South Façade which is represented in black and white drawing on SK3.1 dated March 28,2007, as well as the color rendering presented tonight. Trustee Trilling stated that,as unfortunate as this has been,he does appreciate the attempts by the developer to correct the situation and the attempt of the architect to come as close as possible to the original design. Trustee Braiman stated that he liked the original architectural design;he believes the angles of the windows detracts from that design,and he does not believe that it is close enough to the original intent and he will be voting against it. 11852 04/09/2007 Trustee Berman agrees with both Trustee Trilling and Trustee Braiman,however,the original design is not an option at this point,and he believes that we have arrived at a position where we must move forward;he is disappointed that the principals are not present tonight,but it is in the interest of the community to get the business operating;it is not perfect,but he believes that it is worthy of moving forward and he will support it. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Glover,Berman,Kahn,Trilling,Rubin NAYS: 1 —Braiman Motion declared carried. ORDINANCE#2007-16—PRESTIGE LEASING Moved by Glover,seconded by Berman,to pass Ordinance#2007-16,granting certain variations from Sections 14.20.030 and 14.20.070 of the Buffalo Grove Sign Code for Prestige Leasing,88 E.Dundee Road. Mr.Brimm reviewed the proposed ordinance,and Trustee Glover reviewed the deliberations at the ZBA meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-17—PRESITIGE LEASING Moved by Glover,seconded by Kahn,to pass Ordinance#2007-17,granting certain variations from Sections 14.20.030 and 14.20.080 of the Buffalo Grove Sign Code for Prestige Leasing, 88 E.Dundee Road. Trustee Glover reviewed the deliberations which took place at the ZBA meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. President Hartstein resumed as chair of the meeting at this time. ORDINANCE#2007-18—CHILD DAY CARE HOMES Mr.Brimm introduced the proposed ordinance the proposed ordinance. Mrs.Neukirch elaborated and summarized a brief history of the effort to streamline operations,yet maintain the importance and thorough review of the Special Use requirements for home day care operators,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#2007-18,an amendment of the Zoning Ordinance, Title 17 of the Municipal Code,concerning Child Day Care Homes, in accordance with the draft ordinance dated April 5,2007 contained in Board packets. Trustee Berman commended staff for creating this process, which appears to address the problem in a fair manner and is a good solution to the identified problem,and he will support the recommendation. Upon roll call,Trustees voted as follows: 11853 04/09/2007 AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ORDINANCE#2007-19—APPROPRIATIONS Moved by Braiman, seconded by Glover,to pass Ordinance#2007-19,authorizing appropriations for the Village of Buffalo Grove for the period May 1,2007 through December 31,2007,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Anderson. President Hartstein asked if there were any further questions from the audience or the Board;there were none. President Hartstein closed the Public Hearing at 9:09 P.M. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ROCK SALT PURCHASE Moved by Braiman, seconded by Glover,to authorize purchase and waive bids for joint purchase through the Illinois Department of Central Management Services of Bulk Rock Salt FY 2007&FY 2008-2009, in accordance with the memorandum presented to the Board. In answer to a question from Trustee Braiman,Mr.Brimm explained the reason for the bid waiver,that being a purchase coordinated through the Department of Central Management Services on behalf of IDOT,with the same considerations being offered to all local government units. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. PAVEMENT CRACK SEALING PROGRAM Moved by Braiman,seconded by Glover,to authorize participation in the Northwest Municipal Conference 2007 Pavement Crack Sealing Program. Mr.Brimm explained the reason for the request for bid waiver,details of which are contained in the Village Board Meeting Agenda Item Overview and the memo from the NWMC dated February 21,2007. Mr.Brimm confirmed to Trustee Berman that this is the functional equivalent of a bid because it is being purchased at a price that we could not achieve in any other manner than through this cooperative program. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 1 11854 04/09/2007 UNIVERSITY OF PHOENIX Trustee Rubin noted that,due to business relationships that he has with Hamilton Partners,he will not be participating in this discussion. George Arnold,representing Hamilton Partners,reviewed the proposal for the University of Phoenix to share space and operate from 1500 Lake Cook Road,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Staff then answered questions from the Board,primarily relating to parking issues. Moved by Trilling,seconded by Berman,to refer the proposal for the University of Phoenix to share space and operate from 1500 Lake Cook Road,seeking a Special Use in the Office&Research Districts,to the Plan Commission for review. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None RECUSED: 1 —Rubin Motion declared carried. ADJOURNMENT Moved by Berman, seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 9:19 P.M. ( E � Jan Sirabian,Village Clerk APPROVED BY ME THIS 23rd DAY OF April , 2007 Village President ii �I Ili I�