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2002-08-05 - Village Board Regular Meeting - Minutes 11262 8/5/2002 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,AUGUST 5,2002 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,Johnson,Kahn and Trilling. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;Scott Anderson,Assistant Finance Director;Art Malinowski,Director of Human Resources;Stacey Kelly,Administrative Intern;Robert Pfeil, Village Planner;Richard Kuenkler,Village Engineer;Village Planner;Ray Rigsby,Superintendent of Public Works;Carmen Molinaro,Director of Golf Operations;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Johnson,to approve the minutes of the July 15,2002 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#963 Mr.Tenerelli read Warrant#963. Moved by Glover,seconded by Berman,to approve Warrant#963 in the amount of $2,185,740.18,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. BUFFALO GROVE FINE ARTS FESTIVAL President Hartstein thanked the Arts Commission and all those responsible for the success of the recent Arts Festival;special recognition will be given to all the volunteers at the next Board Meeting. Trustee Braiman added his thanks to everyone involved in the success of the Arts Fair. Thanks to the efforts of everyone involved,the event exceeded all expectations. Trustee Braiman also thanked the Town Center Management for all of the work that they did to contribute to the success of the event. Trustee Kahn also extended thanks to all of the volunteers whom assisted the artists throughout the day. BUFFALO GROVE DAYS President Hartstein reminded everyone of the upcoming Buffalo Grove Days Festival to take place over Labor Day weekend. There is an abundance of activities planned,so there will be something for everyone to enjoy,and President Hartstein urged residents to come out and take part in the Festival. 11263 8/5/2002 MUSCULAR DYSTROPHY ASSOCIATION President Hartstein noted that the Buffalo Grove Fire Department will again conduct a Boot Drive for the Muscular Dystrophy Association on Friday,August 23,2002 from 6:00 A.M. until 6:00 P.M. at Lake Cook and Arlington Heights Roads,and he urged the community to lend support to this drive. President Hartstein also noted that several Board and staff members will be"incarcerated"by the Muscular Dystrophy and their"bail"will be donations to the MDA. COMMISSION APPOINTMENTS President Hartstein made the following appointments,terms to expire 4/30/03,to fill commission vacancies and to expand commission membership: Lori Czarnecki—Buffalo Grove Days Committee George Laegeler—Electrical Commission Dr.Michael Glaskin-Clay—Community Blood Donor Commission Kelly Lerman—Community Blood Donor Commission Sloane Frost—Chair,Youth Commission Jonathan Attenberg -Youth Commission Marah Attenberg—Youth Commission Gergory Jackson—Chair,Police&Fire Commission Moved by Berman,seconded by Johnson to concur with President Hartstein's appointments. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. CHICAGO AREA TRANSPORTATION STUDY Trustee Berman stated that he attended a Chicago Area Transportation Study meeting;he confirmed that the Route 53 extension and the expansion of the North Central Rail Line are included in the proposed 2030 CATS plan. President Hartstein thanked Trustee Berman for all of his hard work on behalf of transportation issues for the Village. RESOLUTION#2002-33—CLARKE WALSER President Hartstein read from the proposed resolution commending Clarke L.Walser for service to the Village as a Board of Fire&Police Commissioners Member and Chairman. Moved by Braiman,seconded by Berman,to pass Resolution#2002-33,commending Clarke L.Walser for service on the Board of Fire&Police Commissioners. Upon voice vote,the motion was unanimously declared carried. President Hartstein presented a token of appreciation and thanks to Mr.Walser. Police Chief McCann and Deputy Fire Chief Pearson related what Mr.Walser has meant to the Police and Fire Departments;they thanked him for his commitment to the community and to the personnel of both departments and presented him with a plaque in recognition of his service as a symbol of gratitude. Mr.Walser commented on how proud he is of both the Police and Fire Departments;he noted that he will miss his participation on the Board,but he is proud of what the Board has accomplished and being a part of it has been a tremendously rewarding experience. 11264 8/5/2002 COMMENDATION—JASON ABRAHAMS President Hartstein read a commendation honoring Jason Abrahams for service to the Village as a Youth Commission Member and Chair 2000-2002. Jason was then recognized and congratulated by the audience and the Board. Trustee Glover noted that Jason has volunteered to help with the Commission even though he will be away at school and she praised his dedication to the Commission and the Village and thanked him. CITIZEN'S AWARD—Susan Bieber President Hartstein read a Citizen's Award to Susan Bieber for her active role in apprehending vandals accused of arson at the Alcott Community Center. Police Chief McCann presented a special award on behalf of the Police Department to Mrs.Bieber and thanked her for her willingness to get involved. Park District Director Mike Rylko also thanked Mrs.Bieber on behalf of the Park District,and he read a resolution prepared by the Buffalo Grove Park District. PUBLIC HEARING—ABC PLUMBING President Hartstein opened the Public Hearing at 8:03 P.M. Mr.Balling explained the reason for the Public Hearing. Seth Pines,Pines Development Corporation, was sworn in to give testimony by President Hartstein. Mr.Pines then reviewed the parking lot expansion being requested by ABC Plumbing. President Hartstein asked if there were any questions from the public,other public bodies or Board members;there were none. Mr. Kuenkler stated that he has reviewed the plan and he believes it to be appropriate. At 8:07 P.M.,President Hartstein continued the Public Hearing until the time at which the ordinances are considered during this meeting. PUBLIC HEARING—ALDRICH PROPERTY President Hartstein re-opened the Public Hearing,continued from July 15,2002,at 8:07 P.M. Trustee Johnson recused himself as he represents the Aldriches in other matters relating to this property. Mr. Balling explained the request of the Aldriches to bring their property,an existing business on Aptakisic Road, into the Village of Buffalo Grove. This Public Hearing is based on the proposed Annexation Agreement. A revised Annexation Agreement dated 8/5/02 is the document being considered. This would be property to be zoned B-4 in the B-4 Business District and would allow for continuation of the existing business and would also provide some flexibility for other uses should that business terminate. Staff has received the Plat of Annexation that substantially conforms to the requirements of the Village. Susan Aldrich, 16226 Aptakisic Road, was sworn in by President Hartstein to give testimony. Mrs. Aldrich stated that she has not seen the final draft,but she does have an issue with one of the provisions in that draft. This issue deals with the right-of-way. Originally when this property was set up,the right-of-way was approximately 56',and that road shifted somewhat and now they are being asked for another 20';this represents 10%of their property;they are not asking for any development on that property at this time,but she believes that a developer down the road she.tit! handle this issue in negotiation for the property for development,and she would like to have that deleted or reworaed so that they do not have to give up another 20' of their property. 11265 8/5/2002 Mr.Balling stated that the Village policy is to require dedication of necessary rights-of-way at the time of annexation,recognizing that the value generally is appreciated from the annexation and zoning action itself. The dedication at hand is actually on county right-of-way;the Village does not have any financial interest in the right-of- way,however,since it is a county road,the Village could have financial exposure because the county will typically ask the Village to produce rights-of-way as a pre-condition for road upgrades. After further discussion on the best method to handle this situation,it was determined that the document should not be re-drafted at the dais,and it was moved by Berman and seconded by Braiman to continue this Public Hearing until August 19,2002. Upon roll call,Trustees voted as follows: �./ AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None RECUSED: 1 —Johnson Motion declared carried. At 8:25 P.M.,President Hartstein continued the Public Hearing until August 19,2002. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any comments or questions from the audience;there were none. 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 then read a brief synopsis of each of the items on the Consent Agenda. Moved by Braiman,seconded by Glover to approve the Consent Agenda. AERIAL BUCKET—Authorization to bid Motion to approve the authorization to bid the removal and replacing 55-ft. aerial bucket with 60ft.aerial bucket. FIRST EQUITY BANK—Approval of aesthetic review Motion to approve the aesthetic review of elevations,colors,materials,photometric plan and landscape plan for First Equity Bank, 1330 Dundee Road. RIVER OAKS SIDEWALK EASEMENTS Motion to approve the acceptance of River Oaks Sidewalk Easements on six lots. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-39—ABC PLUMBING Moved by Glover,seconded by Berman,to pass Ordinance#2002-39,approving a variation of the Buffalo Grove Development Ordinance for ABC Plumbing,Inc. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11266 8/5/200 ORDINANCE#2002-40—ANIMAL CARE&CONTROL Moved by Berman,seconded by Braiman,to pass Ordinance#2002-40,amending Chapter 6.12,Animal Care and Control,Village of Buffalo Grove Municipal Code to permit the use of dogs to remove geese from the gulf course property and other publicly-owned areas. Trustee Glover confirmed that this has been discussed with the Park District. Mr.Molinaro stated that further information regarding the Park District participation will be presented on August 19,2002. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ALDRICH PROPERTY Moved by Braiman,seconded by Glover,to defer action on Items XII.C.,D.,and E. until the August 19,2002 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSTAIN: 1—Johnson Motion declared carried. ORDINANCE#2002-41—COIN OPERATED AMUSEMENT DEVICES Moved by Braiman,seconded by Glover,to pass Ordinance#2002-41,an ordinance amending Chapter 5.12 of the Village of Buffalo Grove Municipal Code—Coin Operated Amusement Devices pursuant to the memo before the Board and dated July 22,2002. Mr.Balling reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm,noting one change to the proposed ordinance which would include pool tables as exempt,taking pool tables out of Item B.and adding them into the Exemption provision. Trustees Braiman and Glover amended the motion to include the pool table exemption described by Mr. Balling. Mr.Feldgreber questioned the mechanics noted in Section 5.12.060.C.that is worded as follows: Substitute or exchange amusement devices shall be subject to the approval of the Village. Mr.Balling noted that licenses must be transferred when machines are exchanged,and stated that the Village wants to make sure that they have documentation that supports license transfer. Trustee Johnson suggested that the last sentence of 5.12.060.C.read: Substituted or exchanged amusement devices shall be subject to licensure as contained herein. Trustees Braiman and Glover amended the motion to include Trustee Johnson's suggested wording. Trustee Glover stated that she wants to be sure that the petitioner understands that lock-ins are not being dealt with at this time,and that issue will be dealt with at a later date. Mr.Feldgreber confirmed that he understood. Trustee Berman commended staff and the Village Attorney for their efforts in addressing the issues in this project. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11267 8/5/2002 BUFFALO GROVE MUNICIPAL CODE—HOURS OF OPERATION Moved by Braiman,seconded by Glover,to pass Ordinance#2002-42,an ordinance amending Chapter 5.40 of the Village of Buffalo Grove Municipal Code—Hours of Operation Adjacent to Residential Areas. Mr.Balling reviewed the proposed ordinances,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm. Mr.Raysa summarized the conditions that would be claimed under this ordinance,noting that the draft that is before the Village Board is on page three labeled August 5, 2002,with a capital A after it. Since the Board did not possess copies of the document,it was suggested that this item be deferred until later on in this meeting. COMMONWEALTH EDISON Trustee Johnson reviewed this proposal. After discussion,it was moved by Braiman and seconded by Berman to defer this item until August 19,2002. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-42-BUFFALO GROVE MUNICIPAL CODE—HOURS OF OPERATION Trustee Berman thanked Mr.Raysa for the many hours that he put in to continue to move forward with this proposal;he noted that this has been a very difficult issue to address,but he believes this addresses the issue of intrusive noise in and around residential areas near commercial enterprises. Trustee Berman also commended both Assistant Village Managers for their efforts on this issue. Trustee Braiman stated that the efforts of Trustee Berman and Trustee Johnson on this issue are also much appreciated. Mr.Raysa stated that there are two spots referring to loud or raucous,and that should be changed to read loud and raucous. Trustees Braiman and Glover amended the motion to include Mr.Raysa's changes. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-43-ZBA Moved by Kahn,seconded by Johnson,to pass Ordinance#2002-43,amending Chapter 2.44,Zoning Board of Appeals of the Village of Buffalo Grove Municipal Code. President Hartstein explained that this proposal changes the number of members on the Zoning Board of Appeals to seven,as requested by the ZBA.. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11268 8/5/2002 ORDINANCE#2002-44—TACOS EL NORTE Moved by Trilling,seconded by Kahn,to pass Ordinance#2002-44,an ordinance amending Chapter 5.20,Liquor Controls(Tacos El Norte). Mr.Balling noted that this restaurant will be located in the Woodland Commons Shopping Center,and there will just be a service bar. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. BUFFALO GROVE DAYS—PORTABLE FACILITIES Moved by Berman,seconded by Glover,to waive bids and award contract for portable facilities for Buffalo Grove Days in accordance with the memorandum included in the Board packet in an amount not to exceed$10,765.00. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. GOLF COURSE(S)SIX MONTH FINANCIAL REPORT Mr.Anderson presented the six month financial report for both the Buffalo Grove Golf Course and the Arboretum Golf Course,details of which are contained in his memo to Mr.Balling of July 24,2002. Mr.Molinaro then presented an operational review. Finally David Silbar reviewed his July 3,2002 memo to Mr.Molinaro with regard to market conditions. Questions by the Board were then answered. EXECUTIVE MEETING Moved by Berman,seconded by Johnson,to move to Executive Meeting to discuss Personnel. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. The Board adjourned to Executive Meeting from 9:29 P.M.to 10:12 P.M. ADJOURNMENT Moved by Johnson,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously ` J declared carried. The meeting was adjourned at 10:12 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS / / DAY OF ,2002 'ealri"r- 6eeed‘r"-- Village President