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2007-07-02 - Village Board Regular Meeting - Minutes 11890 07/02/2007 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, JULY 2,2007 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,Berman,Kahn,Trilling and Rubin. Trustee Glover was absent. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney; Ghida Neukirch, Deputy Village Manager; Scott Anderson,Director of Finance;Ed Schar,Director of Building&Zoning;Robert Pfeil,Village Planner;Richard Kuenkler,Village Engineer;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Kahn, seconded by Berman,to approve the minutes of the June 18,2007 Regular Meeting. Upon roll, Trustees voted as follows: AYES: 4—Braiman,Berman,Kahn,Trilling NAYS: 0—None ABSTAIN: 1 —Rubin ABSENT: 1 -Glover Motion declared carried. WARRANT#1076 Mr. Tenerelli read Warrant#1076. Moved by Trilling,seconded by Kahn,to approve Warrant#1076 in the amount of$1,845,762.06,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. VILLAGE PRESIDENT'S REPORT President Hartstein reminded everyone that the annual Buffalo Grove Fine Art Festival will take place on July 14 and 15,2007 at the Town Center. This is an outstanding art fair and he urged residents to attend. President Hartstein encouraged 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. President Hartstein reported on a special presentation at the meeting of the Lake County Municipal League with regard to the 2016 Olympics Equestrian Center Proposal. President Hartstein referred to a copy of a letter that Speaker Madigan and Committee of the Whole Chairman Franks sent to the Governor for a Committee of the Whole meeting of the House on Thursday to discuss the Governor's proposal with regard to the sale or lease of the lottery and issuance of new pension obligation bonds. 11891 07/02/2007 The letter indicates that there is intention to vote on this subject before the end of the week,and urged the Governor to be in attendance to be prepared with legislation. President Hartstein noted that he had distributed a description of each of the committees for the Northwest Municipal Conference,and asked that any Trustees interested in serving on a committee submit their applications as requested. President Hartstein congratulated the Buffalo Grove Park District on the official ribbon-cutting for their new spa at the Busch Grove Center,as well as the new Safety Town and the Buddy Baseball Field,all terrific enhancements for our residents. TRUSTEE REPORTS Trustee Berman reported that the Park District 2007 summer musical production is Beauty and the Beast,and will be performed at Stevenson High School the weekends of July 20-22 and July 27-29,2007. The Village Clerk reported that the next meeting of the 50th Anniversary Committee will be held on August 2, 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. There will also be commemorative State of License plates that will be offered for$25,and there will be a form in the next newsletter to apply for these license plates. Stories and pictures are still being requested to be included in the 2008 activities. VILLAGE MANAGER'S REPORT Mr.Brimm reported that there will be a Finance Committee meeting on Monday,July 23,2007. PUBLIC HEARING—APTAKISIC CREEK CORPORATE PARK At 7:45 P.M.,President Hartstein called to order the Public Hearing for the Annexation and Development Agreement concerning the proposed Aptakisic Creek Corporate Park,south side of Aptakisic Road north and west of the Leider Greenhouses. Notice of Public Hearing was published in the Daily Herald on June 13,2007. Danielle Meltzer Cassel,DLA Piper,introduced the following members present on behalf of the petitioner: Lawrence Dziurdzik,Allen Kracower&Associates; Steven Poulos,Bridge Development Partner;Michael Baumstark,Cornerstone Architects;Mark DeLaVergne,Land Strategies;Jeremy Foss,Manhard Consulting;and Alan Zocher,Premier Design&Build Group;after which President Hartstein swore them in to give testimony. Ms.Cassel noted that they are extremely grateful to Village staff for all the details and information that has been afforded them over the past few months,and stated that it has been a pleasure to work with them. Ms.Cassel then made a presentation with regard to the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil;she referred to Exhibit 1 —Signage Character of Existing Site and Adjacent Properties,and Exhibit 2—Preliminary Landscape Development Plan,during her presentation. President Hartstein asked if there were any questions from any Board members;there were none at this point. Mark DeLaVergne reported on the traffic counts that have been conducted,pointing out that a warehouse development has a much less traffic-intense use,as opposed to office or retail development. Mr.Brimm stated that they believe that there are viable concepts that may be developed with regard to recaptures. Jeremy Foss briefly reviewed the engineering summary. 11892 07/02/2007 In answer to a question from President Hartstein,Steve Poulos, stated that they believe the real estate dollars that would be generated would be in the$500,000 to$700,000 range. President Hartstein asked if there were any questions or comments from the Board,members of the audience or other public bodies;there were none. Mr.Raysa stated that the purpose of the Public Hearing is to present to the Board and the public that certain Annexation and Development Agreement that was distributed in Board packets and to the public. The current draft before the Board tonight is dated 6/29/07,called the A Draft. It was a subsequent submittal to the Board as far as an additional agenda item. Staff and the developer are still working out final details and suggest that the �•/ Public Hearing be continued until July 16,2007. Trustee Braiman pointed out that the Village would receive approximately 8-10%of the property tax that is generated,with the remainder going to other taxing bodies. In answer to a question from Trustee Braiman,Ms. Cassel confirmed that the developer would be unable to close unless the Agreement is executed,and they would be paying a transfer tax. At 8:05 P.M.,President Hartstein continued the Public Hearing until July 16,2007. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience on items not on the agenda;there were none. CONSENT AGENDA There is no Consent Agenda for this meeting. PEERLESS OF AMERICA Moved by Berman,seconded by Braiman,to refer the Special Use in the Industrial District for outside storage, Peerless of America property, 15823 W.Aptakisic Road,to the Plan Commission for review, in accordance with the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Brimm briefly reviewed the proposal,pointing out that the risk is on the petitioner in moving forward should consensus fail to be reached on the Development Annexation Agreement. In answer to a question from Trustee Trilling,Mr. Brimm and Mrs.Neukirch stated that there will be no sales tax generated at this location. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 —Glover Motion declared carried. JOHN S.SWIFT COMPANY Mr.Brimm summarized the request of the petitioner,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Schar. President Hartstein reviewed the procedure to be followed tonight. John Swift,owner of John S. Swift Company,999 Commerce Court,introduced Mike Ford,President,Dean Fraiser,Vice President, and Bob Masters,Vice President,after which President Hartstein swore them in to give testimony. 11893 07/02/2007 Mr.Ford made a presentation summarizing the rationale for the appeal,and stating that their request for a variance is based on two key points. The first point is that the inability to expand as they proposed will cause an undue financial hardship for the company and not allow them to earn a reasonable return on the business going forward. The second point is that they believe that the plan as proposed creates a far superior environment for not only the John S. Swift Company,but for residential property owners,as well as the Village of Buffalo Grove. Mr.Ford referred to Exhibits 1,2,3 during his presentation,while going into further detail with regard to the financial hardship they will face without this variance as outlined in Mr.Masters'letter to the Village of June 25, 2007. Mr.Ford stated that they believe that the plan with the variance would be a better plan for the residents, rather than the plan which would not require a variation but would place the parking lot facing the residential properties. They enjoy being a part of the Buffalo Grove community and they want to continue to invest in their business and the community. In answer to a question from Trustee Braiman,Mr.Ford stated that they were given a site plan showing the potential for expansion by the architect who built the building when they originally bought the building. They relied on the site plan that was originally done for the building,and did not check further with the Village. ZBA Commissioner Scott Lesser,reported on the testimony and deliberations that took place at the ZBA meeting. President Hartstein asked if any compromises had been explored. Commissioner Lesser stated that the developer was asked to come up with an alternative,but the developer stated that would not be viable. In answer to question from Trustee Braiman,Mr. Lesser confirmed that this was a unanimous decision by the ZBA.. Commissioner Windecker pointed out that currently all of the stock is at the site;he also noted that the landscaping does not reach above the houses right now and is very sparse,and new growth would probably not shield too much to the residents behind the property. Dave Bieber,753 Horatio,stated that when their homes were built in 1991,they were informed by the Village that the commercial-to-residence buffer minimum was 60';he explained the reasons they are in opposition to the variance and asked the Board to uphold the ZBA decision;he would like to request that the Swift Company not build any higher than the existing building; landscape trees only 8-12';he thanked the Board for allowing him to speak and asked that the existing 60'buffer be retained. Cary Rosenbloom,741 Horatio,stated that the proposal does provide not enough of a buffer;if they went to a third shift, it would create additional traffic and noise at all hours;if the building were ever sold,newer owners might not be as quiet and friendly. Alan Kleske,747 Horatio,is opposed to the variance;when he purchased his home in 2000,he was told there would be a buffer to protect his property;he believes this variance will alter the character of the neighborhood; he believes the proximity to the business park makes it difficult to market the properties. Perry and Carla Stein,763 Horatio, stated that they are more concerned about the parking lot facing their property,as they believe it will create more noise,more people,and more problems;they are concerned that the possibility of increasing the height of the building will definitely be less attractive. Mr.Ford stated that the residents apparently do not like Plan A or Plan B,and to the best of his knowledge,Plan B does not require a variation,but to the best of his knowledge, is the only alternative that they have to Plan A. Moved by Trilling, seconded by Kahn,to overturn the appeal of the Zoning Board of Appeals decision to deny the request made by John S. Swift Company, 999 Commerce Court,for variation of Zoning Ordinance, Section 17.48.020.F.6. Trustee Trilling asked neighbors if they prefer Plan A or Plan B,and there were mixed responses. Trustee Trilling stated that it is very rare that the Village Board overturns a ZBA decision 11894 07/02/2007 Trustee Berman said that Trustee Trilling pointed out that this is a difficult decision;the petitioner makes a very compelling case as to why they believe this variance to be necessary; it might be that Plan B is not in the neighbors' best interest or may be more intrusive to certain neighbors than others,but he does not believe any of the points provide a basis under the applicable standards for the granting of a variance,and he does not believe that any of them provide a basis for overturning a unanimous decision of the ZBA;although he wishes there were another alternative,it does look like it has to be Plan B. Trustee Kahn questioned whether or not there could be a modification of Plan B and asked staff to explore that possibility;if he were living next to this property,he would personally opt for Plan A. The residents reiterated their individual reasons for choosing Plan A or Plan B. In answer to a question from President Hartstein as to whether two weeks would help in seeking a compromise, Mr.Ford stated they would like to get a vote tonight,although they will continue to work to develop a situation that will be pleasing to everyone involved. Upon roll call,Trustees voted as follows: AYES: 2—Kahn,Trilling NAYS: 3—Braiman,Berman,Rubin ABSENT: 1 —Glover Motion defeated. EXECUTIVE MEETING Moved by Kahn, seconded by Trilling,to move to Executive Meeting to discuss Pending Litigation and Appointment or Removal of Public Officers. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Berman,Kahn,Trilling,Rubin NAYS: 0—None ABSENT: 1 -Glover Motion declared carried. The Board moved to Executive Meeting from 9:05 P.M.until 9:20 P.M. 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 9:20 P.M. 11 , u � Janet irabian,Village Clerk APPROVED BY ME THIS 16th DAY OF July,2007 Village President