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2007-06-04 - Village Board Regular Meeting - Minutes 11872 06/04/2007 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, JUNE 4,2007 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,Kahn,Trilling and Rubin. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney; Ghida Neukirch, Deputy Village Manager; Scott Anderson,Director of Finance;Anne Marrin,Administrative Intern; Gregory Boysen,Director of Public Works;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planner; Brian Sheehan,Village Health Officer;Rick Reed,Golf Course Superintendent; and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Berman,to approve the minutes of the May 21,2007 Regular Meeting.Upon roll,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Trilling Rubin NAYS: 0—None ABSTAIN: 1 —Kahn Motion declared carried. WARRANT#1074 Mr.Tenerelli read Warrant#1074. Moved by Kahn, seconded by Glover,to approve Warrant#1074 in the amount of$1,304,020.60,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 President Hartstein urged residents to join in Buffalo Grove's July 4th celebration,with the concert featuring the Buffalo Grove Symphonic Band at 7:00 P.M.on the Rotary Village Green,followed by a spectacular fireworks display sponsored by Hamilton Partners. TRUSTEE REPORTS Trustee Kahn again urged residents to take a few moments to donate at the Blood Drive to be held at the Alcott Center on Saturday morning,June 9,2007,and noted that there will be a separate drive held for Village employees this week. Trustee Berman encouraged residents to support our Relay for Life to begin on June 15,2007 at Buffalo Grove High School. The event is unique in that it is coordinated almost exclusively by the students at Stevenson and Buffalo Grove High Schools. It is an event that raises money for a good cause and is a fun-filled event as well. 11873 06/04/2007 In response to a request from Trustee Braiman,President Hartstein reported that he has received responses from the Park District and Buffalo Grove High School with regard to the issue of fees charged for use of facilities between taxing bodies,however,he has not received a response from Stevenson High School. President Hartstein is going to bring representatives from the various groups together for a discussion to be sure that all of the various entities are treated equally. Trustee Braiman requested a report on the Metropolitan Mayors Caucus held on May 23,2007. President Hartstein summarized what occurred at that meeting,noting that,at the direction of the Village Board,he abstained from voting on the proposal with regard to educational funding. �./ VILLAGE MANAGER'S REPORT Mr.Brimm reviewed the direction to staff to review our history of dealing with fence code variations,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Schar. Several other communities have revised their standard height without a variance to 6'. With regard to the allegation that residents intentionally avoid the permit process regarding fence permits,Mr.Brimm stated that appears to be a very rare occurrence. Trustee Rubin stated that Chief Balinski noted that he is not totally opposed to the 6' standard,but it does create some concerns for the Police Department when responding to certain types of calls. Trustee Trilling stated that there are some good reasons why people want 6' fences,but he personally likes the look of 5' fence, and he thinks the 5' fence provides enough security and privacy in most cases. Mr. Schar stated that he could agree with the 6' standard to go along with the majority of other communities if the Board were to lean that way,but he also prefers the look of the 5' fence height. Trustee Braiman stated that he understands the desire of some people to have a 6' fence,and he thinks that this should be sent to the ZBA and have them review the standards in other communities and present a recommendation to the Village Board. Trustee Berman agrees with Trustee Braiman in that he believes this needs further review and information;he does have a concern with changing the rules now,after many residents have been restricted to 5' fence heights. President Hartstein stated that one thing that should be reviewed is to know what is commercially available in terms of standards sizes for fences. AMERICAN CANCER SOCIETY Maggie Osborne,representing the American Cancer Society,pointed out that Buffalo Grove has become a leader for many communities that tried to replicate the ordinance banning smoking Village wide. Kjestine Woods, also representing the American Cancer Society,read and presented the Community of Hope Award,given in recognition of the outstanding leadership as a standing community of hope by becoming a smoke-free community. Sarah Theriault,Relay for Life liaison,thanked the Buffalo Grove staff and Village Board for their outstanding support in participating and publicizing the Relay for Life. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on the agenda;there were none. 11874 06/04/2007 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 Glover, seconded by Berman,to approve the Consent Agenda. ORDINANCE#2007-33—PREVAILING WAGES �./ Motion to pass Ordinance#2007-33,concerning Prevailing Wages. ORDINANCE#2007-34-SHELL OIL Motion to pass Ordinance#2007-34,granting certain variations to Section 14.20.30 pertaining to Business Districts, Section 14.20.070 pertaining to Ground Signs,and Section 14.40.025 pertaining to Changeable Copy Signs,of the Buffalo Grove Sign Code for Shell Oil Company, 1200 N.Arlington Heights Road. RESOLUTION#2007-17-WHITE PINE TRAIL Motion to pass Resolution#2007-17,approving the State of Illinois Department of Natural Resources Recreational Trails Program Grant Project Agreement related to the White Pine Trail Project(Project Number RTP 07-47). 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#2007-35—320 THOMPSON BOULEVARD Mr.Brimm summarized the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. There have been no objections from any neighbors,and all inspections continue to come back in very good order,there are no issues with DCFS,the Police,Fire or Building Departments;and staff recommends consideration of the proposed ordinance. Moved by Berman,seconded by Kahn,to pass Ordinance#2007-35, approving re-authorization of a Special Use to operate a Child Day Care Home at 320 Thompson Boulevard,zoned in the R-5A District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. RESOLUTION#2007-18—WEILAND/PRAIRIE Mr. Brimm summarized the proposed resolution, details of which are contained in his memo to the Board of May 29, 2007,as well as the Village Board Meeting Agenda Item Overview prepared by Mr. Schar. Moved by Trilling, seconded by Braiman,to pass Resolution#2007-18,approving an agreement for engineering services for the Weiland Road/Prairie Road(Lake-Cook Road to Illinois Route 22)Street Improvement. 11875 06/04/2007 In answer to a question from Trustee Braiman,Mr.Boysen explained that the current Deerfield Parkway project has worked very well,and although it cannot be considered a guarantee,he believes that process has worked well. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 318 WINDSOR DRIVE Mr.Brimm presented an update on this appeal. Gloria Lorenz, 318 Windsor Drive, stated that they do not have anything to add to what was presented at the previous meeting,and that they are present to answer any questions the Board may have. Moved by Trilling,seconded by Rubin,to approve the petition of Robert&Gloria Lorenz to allow the 6' wood privacy fence installed along the rear property line to remain in place,which would overturn the ZBA decision. Trustee Berman stated that he does not favor a long-term change to the ordinance,but he does believe that,based on the tie vote at the ZBA,he can support granting the appeal and allowing the fence in accordance with the motion. Upon roll call,Trustees voted as follows: AYES: 6—Braiman, Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. 936 GREENRIDGE ROAD Mr.Brimm summarized this appeal,details of which are contained in Mr. Sheehan's memo to him of May 25, 2007. Danny Barbarigos,936 Greenridge Road,stated that the hardship that he is claiming is for the safety of the kids in the back,and that is the reason that he is requesting that he be allowed to keep the 6' fence in his yard. Trustee Glover asked the petitioner why he fenced in the utility boxes if he is concerned with the safety of the children; she stated that there is a history between this petitioner and the Village,and there are conflicting issues; because the vote at the ZBA was unanimous to deny the request,she is not in favor of overruling the ZBA decision. Moved by Rubin,seconded by Berman,to overturn the ZBA decision to deny the request made by Danny Barbarigos, 936 Greenridge Road,for variation of Fence Code, Section 15.20.040,pertaining to Residential Districts. Commissioner Windecker stated that the ZBA unanimously felt that there was no hardship proven,and there was no building permit issued. After further Board discussion,upon roll call,Trustees voted as follows on the motion: AYES: 0-None NAYS: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin Motion defeated. 11876 06/04/2007 HALF DAY/PRAIRIE ROAD Mr.Brimm briefly introduced this item. Tom Arndt,New Urban Communities,briefly summarized the background of the New Urban Communities developer. Richard Wallach,New Urban Communities,made a presentation with regard to the proposed development, details of which are contained in his letter to the Board,as well as the Village Board meeting Agenda Item \ J Overview prepared by Mrs.Neukirch. �•/ Trustee Braiman has a concern with the townhouse area appearing to be one long wall;he is not really in favor of more multi-family,as he believes that we have an over-abundance already;he does not believe there is a lot of viability with the single-family to the south because of he proximity to the train;he has serious concerns about the residential character of this development. Trustee Berman stated that he does not like the idea that the phrase transit oriented development becomes an excuse to overload a site with development that is not otherwise compatible with Village standards;he does like the idea of the design and that it works with the surrounding area;he believes the streets should be public and that there should be public walkways;he believes that the plan has enough potential so that it is worth referring, however,they do have their work cut out for them. Trustee Kahn stated that this parcel will require a great deal of flexibility;he would like to see tax-generating revenue;he will refer the project to the Plan Commission,but also believes they have their work cut out for them;he cautions against having them come back before the Board and state that the units are not selling and that they need to downsize. Trustee Rubin wants to see input from the school districts;he believes there is too much squeezed into this site; he is concerned with buffering from the railroad tracks;he is concerned with the amount of parking in the single- family area;he believes the product is good,but there are too many units;he does not have a problem with sending the proposal to the Plan Commission. Trustee Glover agrees with everything that's been noted by previous Trustees;she is concerned with the street width;she is concerned with the amount of parking available;she also cautioned the developer not to come back and ask to downsize if the product does not sell. In answer to a question from President Harstein,the developer stated that they would like contingent referral to the Plan Commission. Moved by Berman,seconded by Kahn,to refer the proposed annexation and development of the southeast corner of Half Day and Prairie Road to the Plan Commission for review,subject to completion of the necessary paperwork and subject to receipt of a petition for annexation. Mr.Wallach responded to several of the concerns raised by the Board. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Glover,Berman,Kahn,Trilling,Rubin NAYS: 1 —Braiman Motion declared carried. WATER SYSTEM STUDY Mr.Brimm reviewed this issue,details of which are contained in his memo to the Board of May 23,2007,as well as the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen, and explained the request of staff. 11877 06/04/2007 Mr. Boysen answered several questions from the Board Moved by Braiman,seconded by Berman,to authorize Request for Qualifications/Waiver of Bidding for Professional Engineering Services—Comprehensive Water System Study Update. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. ARBORETUM GOLF COURSE Mr.Brimm briefly explained this request,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Molinaro. Moved by Kahn, seconded by Berman,to authorize the purchase and bid waiver for FY 2007 Equipment Replacement Program for the Arboretum Golf Course. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. CLASSIFICATION/COMPENSATION STUDY Mr.Brimm reviewed this request,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Malinowski. Lengthy discussion took place regarding this proposal,and staff proceeded to answer questions from the Board. Moved by Braiman, seconded by Trilling,to authorize execution of an agreement and request for waiver of bidding for professional services—Classification and Compensation Study(Northern Illinois University Center for Governmental Studies),pursuant to the May 24, 2007 Proposal from NIU Center for Governmental Studies. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. EXECUTIVE MEETING Moved by Braiman, seconded by Berman,to move to Executive Meeting to discuss Pending Litigation. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Kahn,Trilling,Rubin NAYS: 0—None Motion declared carried. The Board moved to Executive Meeting from 10:00 P.M.until 10:25 P.M. 11878 06/04/2007 ADJOURNMENT Moved by Braiman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was declared carried,and the meeting was adjourned at 10:25 P.M. , Y \. tic Janet I - irabian,Village Clerk APPROVED BY ME THIS 18th DAY OF June ,2007 Village President