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
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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.
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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).
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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
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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.
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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:
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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.
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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
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