2003-10-20 - Village Board Regular Meeting - Minutes 11416
10/20/03
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,OCTOBER 20,2003
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 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,Johnson,Kahn
and Trilling.
Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant
Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager;Scott Anderson,Assistant Finance
Director;Robert Giddens,MIS Director;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;
Gregory Boysen,Director of Public Works;Richard Kuenkler,Village Engineer;Carmen Molinaro,Director of
Golf Operations;Fire Chief Sashko;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Johnson,to approve the minutes of the September 22,2003 Special Meeting. Upon
roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
WARRANT#991
Mr.Tenerelli read Warrant#991. Moved by Braiman,seconded by Glover,to approve Warrant#991 in the amount
of$4,140,794.72 authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
PROCLAMATION
President Hartstein read a proclamation declaring October 31,2003 as Trick-or-Treat Day in Buffalo Grove,and
limiting the hours for trick-or-treat activities to between 2:00 P.M.and 7:00 P.M.,and urged all residents to
cooperate in making this a happy occasion for all youngsters.
BUFFALO GROVE SYMPHONIC BAND
Trustee Braiman noted that the Buffalo Grove Symphonic Band will perform on Saturday,October 25,2003 at
Buffalo Grove High School.
CONDOLENCES
On behalf of the entire Board and the residents of the Village,President Hartstein expressed condolences to the
friends and family of Firefighter Matthew Smith,who died earlier this month. There is a memorial fund set up at
LaSalle Bank for the benefit of Matthew's wife,his young son and baby due to be born any day.
11417
10/20/03
HALLOWEEN
Trustee Johnson reviewed safety measures prepared by the Buffalo Grove Fire and Police Departments to ensure a
Happy Halloween for all children and their parents.
Trustee Johnson also announced that the Park District is hosting The Night Before Halloween at the Alcott Center on
October 30,2003.
CIVICS FORUM
The Village Clerk explained the Civics Forum to take place on Monday,October 27,2003. Participating students
then introduced themselves.
MANAGEMENT REPORT
Mr.Balling noted the submittal of the Management Report for the month of September;there were no questions on
same.
COMMONWEALTH EDISON
Mr.Balling presented an update concerning ComEd's study of undergrounding power cables by the Arboretum Golf
Course clubhouse driveway,details of which are contained in the Village Board Meeting Agenda Item Overview;he
then answered questions from Board members.
Mr.Balling will gather additional information and report back to the Board.
BUFFALO GROVE DAYS
Mr.Brimm reviewed the 2003 Buffalo Grove Days Financial Report,details of which are contained in the Village
Board Meeting Agenda Item Overview prepared by Scott Anderson;he then answered questions from the Board on
the report.
Trustee Glover congratulated the committee and the staff and all the volunteers for a wonderful job,and also for
working so hard in the face of adversity.
Trustee Berman thinks the report is a pleasant surprise;given the weather it could have been much worse.
Trustee Braiman agreed,noting that this is really the first negative report that we've had in many years. Buffalo
Grove Days is not staged to make a profit—it is a community event.
PUBLIC HEARING—313 DUNDEE ROAD
President Hartstein called the Public Hearing to order at 8:07 P.M.,and swore in those who are to give testimony.
Dr.Marvin Heimlich reviewed the variations requested and made a presentation to the Board,details of which are
contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil.
Peter Lewis reviewed the landscaping and the requested variances;he referred to Exhibit 6.
Cheryl Bernardi,3340 N.Betty Drive,has been assured by the petitioner that they will preserve as many trees as
possible;she wonders what can be done to save the trees on the Niminski property. Mr.Pfeil responded,stating that
the Village Forester has stated that the trees in question are not high-quality trees.
At 8:18 P.M.,President Hartstein adjourned this Public Hearing until later in the meeting when this issue is
considered.
Ili
11418
10/20/03
PUBLIC HEARING—650 LAKE COOK ROAD
President Hartstein called the Public Hearing to order at 8:18 P.M.,and swore in Timothy Beechick,representing
Hamilton Partners,to give testimony.
Mr.Beechick made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil. Mr.Beechick referred to the Site Plan during his presentation.
Board members commented on the proposal and indicated support of the plan.
President Hartstein asked if there were any comments from other public agencies,members of the public or Board
members;there were none.
At 8:20 P.M.,President Hartstein adjourned this Public Hearing until later in the meeting when this issue is
considered.
QUESTIONS FROM THE AUDIENCE
Mark Levin,914 Hobson Drive,presented photos to the Board depicting the property in front of his home during the
last rain storm. President Hartstein confirmed to Mr.Levin that staff is monitoring the situation and will keep him
apprised of any action to be taken.
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 Berman,to approve the Consent Agenda.
ORDINANCE No.2003-67—Sign Code variance
Motion to approve Ordinance No.2003-67,granting a variance to the Sign Code,Section 14.20.030,pertaining to
Business Districts and Section 14.20.080,pertaining to Wall Signs;for the purpose of installing a new wall sign on
the es\ast elevation of the building located at 1330 W.Dundee Road.
ORDINANCE No.2003-68—Title 10
Motion to approve Ordinance No.2003-68,amending Title 10 of the Villageof Buffalo Grove Municipal Code;
Designation fo"No Parking"within the Sterling Creek Subdivision.
ORDINANCE No.2003-69—E.S.D.A.
Motion to approve Ordinance No.2003-69,Text changes for Section 2.03.06 and 2.34.090 of the Village of Buffalo
Grove Municipal Code allowing for non-residents to volunteer for the Emergency Service Disaster Commission.
SANITARY &STORM SEWER REPAIR PROJECT—Authorization to Bid
Motion to Authorize to Bid 2003 Sanitary and Storm Contractual Repair Project.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ii
11419
10/20/03
SCOUT TROOP 140
President Hartstein welcomed the members of Scout Troop 140 in attendance tonight.
ORDINANCE#2003-70—IN GEAR
Moved by Trilling,seconded by Kahn,to pass Ordinance#2003-70,approving an amendment to the Planned Unit
Development in the B-3 District,Buffalo Grove Business Park,proposed InGear facility,650 Lake Cook Road.
President Hartstein asked if there were any additional comments on this property relating to the Public Hearing;
there were none. President Hartstein adjourned the Public Hearing at 8:28 P.M.
Mr.Raysa noted that the document being considered is Draft Ordinance dated 10/20/03 in the upper left-hand
corner.
1
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
ORDINANCE#2003-71—313 DUNDEE ROAD
President Hartstein asked if there were any further comments or discussion relating to the Public Hearing;there were
none. President Hartstein adjourned the Public Hearing at 8:30 P.M.
Moved by Berman,seconded by Glover,to pass Ordinance#2003-71,approving a Preliminary Plan in the B-1
District,proposed medical office building,313 Dundee Road,in accordance with the materials presented in the
Public Hearing just concluded.
Trustee Berman stated that he hates to see mature trees lost,and he asked that language be put into the Agreement
stating that reasonable efforts will be made to save the trees if at all feasible. Mr.Raysa pointed out that wording to
that effect is essentially in the Agreement stating that the final landscaping plan must be approved by the Village
before proceeding.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
936 BETTY DRIVE
Trustee Braiman stated that he would like to see some sort of a presentation,and he moved to defer this item until
the next meeting;Trustee Glover seconded the motion. Upon voice vote,the motion was unanimously declared
carried.
ORDINANCE#2003-72—BUFFALO GROVE PANTRY
Moved by Johnson,seconded by Braiman,to pass Ordinance#2003-72,amending Chapter 5.20,Liquor Controls,
Class D,Buffalo Grove Pantry. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
III
11420
10/20/03
RESOLUTION#2003-39—CREATIVE HOSPITALITY
Mr.Brimm made a presentation to the Board,highlighting changes suggested by the Board at a previous meeting;
details of this presentation are found in the Village Board Meeting Agenda Item Overview that he prepared.
All parties involved were thanked by the Board for their efforts in editing the Agreement.
Moved by Johnson,seconded by Berman,to pass Resolution#2003-39,authorizing the execution of a Lease
between the Village of Buffalo Grove and Creative Hospitality,Inc. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
RESOLUTION#2003-40—ROUTE 22
Mr.Balling reviewed the proposed resolution.
Moved by Johnson,seconded by Kahn,to accept a proposal for street lighting design engineering services for the
improvement of Illinois Route 22,from the firm of Burns and McDonnell in a sum not to exceed$17,604.00 and to
waive bids therefore. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
APPEAL OF ZBA DECISION—383 RAUPP
Donna Day,representing and daughter of Vila J.Marchman,383 Raupp Boulevard,made a presentation to the
Board explaining why they are requesting replacement of a 6' high fence 83 linear feet in length. Details of Ms.
Day's presentation are contained in Ms.Marchman's letter to Mr.Schar.
Board discussion on this issue followed.
Commissioner Windecker reviewed the reasons for the ZBA decision and answered questions from the Board.
Moved by Trilling,seconded by Kahn,to approve the request of the Vila Marchman,383 Raupp Boulevard,for a
variation of the Fence Code,Section 15.20.040,pertaining to Residential Districts,for the purpose of constructing a
six foot(6')fence along the rear property line not to exceed eighty-three(83')in length,and subject to testimony
presented tonight. Upon roll call,Trustees voted as follows:
AYES: 5—Glover,Berman,Johnson,Kahn,Trilling
NAYS: 1 —Braiman
Motion declared carried.
APPEAL OF ZBA DECISION—1042 HARVARD
Philip Seils made a presentation to Board,summarizing the reasons that he is requesting a 6' fence for his back yard,
those reasons being a pool in his yard,safety for his two greyhound dogs,and the unsightly and possibly hazardous
condition of the yard behind his property;he then answered questions from the Board.
Mr.Raysa explained the reason that the 6' fence that is in place now is allowed under the grandfathering clause,but
a new 6' fence is not allowed.
After Board discussion,it was moved by Johnson and seconded by Kahn,to approve the request of Philip and Nancy
Seils, 1042 Harvard Lane,for variance of Fence Code,Section 15.20.040,pertaining to Residential Districts,for the
11421
10/20/03
purpose of constructing a six foot(6')fence in the rear yard,pursuant to materials presented to the Board tonight.
Upon roll call,Trustees voted as follows:
AYES: 4—Glover,Johnson,Kahn,Trilling
NAYS: 2—Braiman,Berman
Motion declared carried.
APPEAL OF ZBA DECISION—ESKAPE ENTERTAINMENT CENTER
Due to a possible indirect professional relationship,Trustee Berman recused himself from discussion in this matter
so as not to create any appearance of impropriety.
Mr.Feldgreber made a presentation to the Board explaining his request and the reason for the appeal of the ZBA
decision.
Moved by Braiman,seconded by Kahn,to reverse the decision of the Zoning Board of Appeals and approve the
appeal of the eSkape Entertainment Center,350 McHenry Road,for variance of the Zoning Ordinance,Section
17.44.060.E.6,pertaining to Town Center Signs,for the purpose of installing an additional wall sign on the south
elevation. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling
NAYS: 0—None
RECUSED: 1 —Berman
Motion declared carried.
President Hartstein noted that the circumstances presented tonight were unique,and he asked that Mr.Windecker
convey to the members of the ZBA that the Board does take their decisions very seriously and is very reluctant to
overturn decisions that have been rendered by the ZBA.
EXECUTIVE MEETING
Moved by Johnson,seconded by Braiman,to move to Executive Meeting for the purpose of discussing Land
Acquisition. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Meeting from 9:28 P.M. until 9:57 P.M.
ADJOURNMENT
Moved by Kahn,seconded by Johnson,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 9:57 P.M.
Janet M.Sirabian,Village Clerk
4-41
APPROVED BY ME THIS,) DAY OF rn YY1 te) 003
Village President