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2002-08-19 - Village Board Regular Meeting - Minutes 11269 8/19/2002 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 19,2002 CALL TO ORDER President Hartstein called the meeting to order at 7:33 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;Art Malinowski,Human Resources Director;Gregory Boysen,Director of Public Works;Richard Kuenlder,Villager Engineer;Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;Brian Sheehan,Village Health Officer;Carmen Molinaro,Director of Golf Operations;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Kahn,to approve the minutes of the August 5,2002 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#964 Mr.Tenerelli read Warrant#964. Moved by Glover,seconded by Johnson,to approve Warrant#964 in the amount of $1,990,844.70,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. PACE President Hartstein noted that the kick-off for the new Pace bus route 640 was held this morning;this route is a link between the Buffalo Grove commuter rail station and the Lake-Cook station affording an opportunity for residents to have mid-day rail service. PROCLAMATION—SCHOOL'S OPEN SAFETY WEEK President Hartstein noted a Proclamation dedicating the week of August 26-31,2002 as School's Open Safety Week in Buffalo Grove,urging everyone to make the return to school as safe as possible. Moved by Berman,seconded by Johnson,to approve the Proclamation. Upon voice vote,the motion was unanimously declared carried. { 11270 8/19/2002 ZBA APPOINTMENT President Hartstein appointed Lisa Dunn to the Zoning Board of Appeals for a term to expire April 30,2003. Moved by Kahn,seconded by Johnson,to concur with President Hartstein's appointment. Upon voice vote,the motion was unanimously declared carried. BUFFALO GROVE DAYS Trustee Glover highlighted all of the events that will be featured during Buffalo Grove Days to be held from Thursday,August 29,2002 through Monday,September 2,2002,and she urged residents to take part in as many events as possible throughout the weekend. Trustees spoke on the possible relocation of the festival. Trustee Kahn reported on the blood drive to take place on August 31,2002 at the Alcott Center. President Hartstein reported on how Buffalo Grove will honor local heroes by having representatives from the Fire Department,Police Department and VFW acting as Grand Marshalls in this year's parade. TRANSPORTATION ISSUES Trustee Berman stated that feedback on the new bus Roue 640 will be welcomed as residents use it during the upcoming year;he also presented a status report on several road projects taking place in the area. LAKE COOK ROAD OVERPASS Trustee Berman asked about the schedule on the Lake Cook Road overpass construction work. Mr.Balling presented an update on the project. Trustee Berman asked that updates be posted on the Village website. INDUSTRIAL REVENUE BONDS Mrs.Neukirch presented a report on the recent meeting of the Industrial Revenue Bond Committee,and noted that information has been sent out to the community for projects fitting the criteria to receive Industrial Revenue Bonds. VOTER REGISTRATION The Village Clerk reported on hours that voter registration will be available during Buffalo Grove Days. LIEUTENTANT GOVERNOR'S OFFICE Trustee Johnson reported on the program sponsored by the Lieutenant Governor's office to distribute free gunlocks. APTAKISIC ROAD RAILROAD CROSSING Trustee Johnson reported on the efforts by the Lake County Department of Transportation to repair the railroad crossing at Aptakisic Road. WEST NILE VIRUS Trustee Johnson reported on the updates available regarding the current status of West Nile Virus in Illinois,and where to find information on what to do to avoid this disease. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of July,2002;there were no questions regarding the report. 11271 8/19/2002 MOSQUITO ABATEMENT Mr.Balling reported on the proposal to have two additional sprayings to control the mosquito population in an effort to curtail the presence of the West Nile Virus,and reviewed the source of the funds to be used for this project; details of this proposal are contained in his memo to the Board of August 15,2002. In answer to a question from Trustee Berman,Mr.Sheehan presented an update on the actual threat that the West Nile Virus poses to residents. Moved by Braiman,seconded by Johnson,to approve the request by staff for additional mosquito sprayings. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-45—COMMONWEALTH EDISON Mr.Balling reviewed the proposal for Commonwealth Edison new underground service for Deerfield Parkway, details of which are contained in his memo to the Board of August 15,2002. Moved by Glover,seconded by Berman,to pass Ordinance#2002-45,directing the Commonwealth Edison Company to underground a segment of power line utilizing Rider 28. Trustee Braiman asked that the following language be added to Section Three: and settlement letter executed by Commonwealth Edison. Trustee Glover and Trustee Berman both approved the amendment requested by Trustee Braiman. Trustee Glover confirmed that this additional fee will only be charged to residents for two months. Trustee Berman noted that this is a positive outcome for the Village,and the product of a tremendous effort by staff and the Village President to negotiate with Commonwealth Edison. 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. RIDE FOR KIDS President Hartstein recognized Vito Racanelli of the Ride for Kids sponsored by the Pediatric Brain Tumor Foundation,who thanked the Village of Buffalo Grove for their assistance in this year's ride,which raised over $290,000,the largest amount of any ride in the country. Mr.Racanelli presented a plaque to the Village for their help,which included publication of the event as well as the financial support of the community. ART FESTIVAL President Hartstein noted that the first annual Art Festival was a success far and above expectations and he thanked everyone involved in this success. Mrs.Neukirch presented an overview of the Art Festival,and thanked all of the volunteers who made this event possible. Arthur Goldner&Associates,owners of the Town Center,did an outstanding job of getting the Town Center set up for the festival. The publicity for the event,both paid and unpaid, was extensive and very effective. Public Works,Fire,Police and ESDA personnel were excellent and a tremendous part of the success of the festival. Mrs.Neukirch reviewed the process by which the artists were chosen. There were more than 50 volunteers providing assistance to artists and patrons alike. 11272 8/19/2002 Amy Amdur of Amdur Productions thanked the Village for the tremendous support received for the festival. Ms. Amdur stated that our festival was the best experience that she has seen in the 18 years that she has been coordinating these events. President Hartstein thanked Ms. Amdur and the staff for their efforts in putting together such a well-orchestrated and successful event;he then recognized each of the volunteers for the time that they donated to this project. PUBLIC HEARING—ALDRICH PROPERTY President Hartstein called the Public Hearing to order at 8:26 P.M. Moved by Berman,seconded by Braiman,to continue this Public Hearing regarding the Annexation Agreement concerning the Aldrich Property, 16226 W.Aptakisic Road until the September 9,2002 Special Village Board Meeting. Upon voice vote,the motion was declared carried,with Trustee Johnson recusing himself. At 8:27 P.M.,President Hartstein continued the Public Hearing until September 9,2002. Moved by Berman,seconded by Braiman,to defer action on agenda Items XII. A.,B. and C. until the September 9, 2002 Special Meeting. Upon voice vote the motion was declared carried,with Trustee Johnson recusing himself. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any comments or questions from the audience;there were none. CONSENT AGENDA There was no Consent Agenda. RESOLUTION#2002-34-STREETLIGHTING Mr.Balling reviewed the reason for the proposed resolution,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Boysen. Moved by Berman,seconded by Johnson,to pass Resolution#2002-34,authorizing submission and funding of an STP Project for the Dundee Road Streetlighting Improvement. Trustee Braiman confirmed that passage of this resolution does not obligate the Village to completion of the project. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. RESOLUTION#2002-35—PRESIDENT PRO TEM �./ Moved by Glover,seconded by Kahn,to pass Resolution#2002-35,a resolution appointing Jeffrey Braiman as the President Pro Tern. Upon roll call,Trustees voted as follows: AYES: 6-Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0-None Motion declared carried. 11273 8/19/2002 ORDINANCE#2002-46—COVINGTON OFFICE PLAZA Lawrence Freedman,attorney representing the two contract purchasers,Fifth Third Bank and Insignia Homes,made a presentation to the Board. John Green,Groundwork,Inc.,reviewed the process to get the plan to its present state,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustee Johnson noted that the biggest concern at the Plan Commission was water. Mr.Freedman stated that by law they may not increase the rate of runoff from that which is presently there;they are increasing the amount of detention that is on the site. Mr.Freedman noted that he can state with certainty that as planned this development will not make water problems any worse for the surrounding properties,and in fact might make it slightly better. Walter Hainsfurther,Kurtz Associates Architects,architects for Fifth Third Bank,reviewed the proposed elevations for the bank. Trustee Berman stated that the evolution of the plan from what was originally presented to the current state is a step in the right direction. Mr.Green explained the purpose of the arbor vitae clusters between the parking lot and the detention area. Trustee Berman stated that he believes the area would be enhanced by the placement of additional arbor vitae plantings. Mr. Green stated that they would accomplish that request. Trustee Berman stated that he believes the architecture is non-descript and unexciting in its aesthetic appearance, although he does realize that the architect is trying to blend in with the surrounding area. Trustee Braiman agreed with Trustee Berman regarding the architecture and he would not be opposed to seeing some revisions;he posed questions to Mr. Green with regard to the landscaping,and Mr.Green explained why several trees are being removed or relocated and stated that they will try to save as many trees as possible. Trustee Braiman stated that he did have a concern with the loss of tax dollars,and he does appreciate the fact that they have made the loss as minimal as possible. Trustee Johnson thinks that,although the architecture is not the most exciting,he believes that it is a good transition plan for the area. Trustee Kahn agrees with Trustee Johnson's comments and believes that this is probably appropriate for this location. Trustee Trilling asked for clarification of the landscape plan,and Mr. Green reviewed this for him. Trustee Trilling stated that he is not comfortable with moving eight mature trees just for signage. Mr.Hainsfurther also commented on the reason for this,but stated that this is a work in progress and they intend to continue to work with staff and the ZBA. Trustee Trilling stated that he believes it is important to pass these comments along to the ZBA. All parties involved understand that a landscape plan must be approved by the Village Forester prior to any grading or removal of trees on any portion of the property. Trustee Braiman asked that the Village Board be informed of this plan. Mr.Raysa confirmed to Trustee Berman that the Village Board has absolute control of approval or rejection over the pad,the green space north of the existing two-story building and to the west of the bank,being proposed for future development. Mr.Freedman stated that they have no problem with adding language that the Village has the absolute right to approve whether or not anything goes on that parcel;they understand that anything that is approved tonight does not let them do anything with that site without coming back to the Board. Mr.Raysa and Mr. Freedman will work together to strengthen that language. Mr.Freedman again stated that they have no objection to having that language inserted. Moved by Glover,seconded by Johnson,to pass Ordinance#2002-46,an ordinance approving an amendment to the Planned Unit Development for the Covington Office Plaza for Fifth Third Band and rezoning a portion of the property to the R-8 District for townhomes by Insignia Homes,southwest corner of Dundee Road and Golfview Terrace, with the strengthening of the verbiage concerning the open space for future development. Upon roll call, Trustees voted as follows: 11274 8/19/2002 AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 1 —Berman Motion declared carried. NOAH'S LANDING Marvin Jacobs,representing Jacobs Homes,briefly explained the request of the developer and the reason for the request. John Green,Groundwork,Ltd.,further reviewed the reasons as to why this request for change is being made,details of which are contained in his letter to Mr.Balling of July 30,2002. Trustee Kahn stated that the Village worked closely with the school districts as to the right mix for these units,and he is therefore reluctant to allow a modification to the plan as it exists;he believes it is a very nice plan,but he is not willing to make that kind of a change at this point. In answer to a question from Trustee Glover,Mr. Green reviewed the units that have been sold and the number of children that have come out of the development to date,and those projected if the change were to be allowed;he also stated that the cost of the A units is definitely a factor. Trustee Glover stated that she is hesitant to make the change at this time,and she believes that there should be a little more time given before making the change. Mr. Green stated that the critical timing is that changes are easy to make now,but once driveways are poured and the infrastructure is set,it becomes problematic to make these changes. Trustee Braiman stated that he believes this is a significant change;he does not feel he can make a change of this nature when there was so much time spent on it at the Plan Commission;he would support referring it back to the Plan Commission. Mr. Green acknowledged that the student projections made by all parties involved proved to be incorrect. Trustee Johnson stated that he shares the opinions of the other Trustees;this plan was approved by the Plan Commission and the Village Board specifically in deference to the school districts,and he is not currently prepared to change the positions taken at the request of the school districts;he would also be reluctant to refer the matter back to the Plan Commission;if a vote were to be taken now,he would not vote in favor of the change., Trustee Trilling again asked for the number of children in each of the different types of units. Mr.Green stated that the choice of first or second floor master bedroom is a choice made by the prospective buyer;the shell is exactly the same. Trustee Trilling asked whether the school-age children were in the units with the first floor or second floor master bedrooms;Mr.Jacobs answered that the school-age children are in the units with the first-floor master bedrooms. Trustee Berman stated that he tends to agree with other Board members;he does not think that the potential compromise request is entirely unreasonable,but he believes it is inappropriate to re-plan the entire development at the dais;he is not comfortable undertaking that exercise as a Village Board;he would not be opposed to sending this back to the Plan Commission,and trying to expedite it as much as possible. Mr.Green stated that they would certainly entertain going back to the Plan Commission,but there is a timing issue and they would appreciate it if the process could be expedited. Moved by Berman,seconded by Kahn,to refer this request back to the Plan Commission. In answer to a question from Trustee Braiman,Mr.Balling stated that if the change is treated as a minor change,a Public Hearing at the Plan Commission would not be required,and a workshop with the school districts invited would suffice. Mr.Raysa agreed,and he stated that he would not be averse to considering this as a minor change. 11275 8/19/2002 Upon roll call,Trustees voted as follows on the motion to refer to the Plan Commission: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 1 —Johnson Motion declared carried. Upon roll call,Trustees voted as follows on the motion to pass Ordinance#2002-46: AYES: 0—None NAYS: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling Motion defeated. ST.MARY'S RECTORY DIA Mr.Balling reviewed this request and noted that staff recommends approval subject to the four conditions noted in Mr.Kuenkler's memo to him of August 13,2002. Moved by Johnson,seconded by Berman,to approve the St.Mary's Rectory Development Improvement Agreement as presented to the Board by Form Prepared 4/10/86,Revised 1/4/01,agreement dated 8/19/02,subject to the conditions in Mr.Kuenkler's August 13,2002 memo. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ZBA APPEAL—FENCE It was suggested that,since the request of the homeowners at both 468 Raphael and 470 Raphael are similar,both of these appeals be handled together. Both Mr.Sukenik and Mr.Levin were agreeable to both issues being handled together. Maks Sukenik,468 Raphael Avenue,and Mark Levin,470 Raphael Avenue,were sworn in to give testimony by President Hartstein. Both men then stated the reasons that they are appealing the ZBA decision which denied them III permission to construct a 6' fence on each of their properties. Mr. Sandler,representing the ZBA, presented the rationale used by the ZBA in reaching their decision;he confirmed that there were no neighbors present to protest the 6' fence. Given the unique circumstances of this property in relation to the elevation of the property adjacent as evidenced by the photographs presented by the petitioner,Trustee Johnson moved to approve both appeals for Mr. Sukenik and Mr.Levin based on the showing of unique circumstances;Trustee Kahn seconded the motion. Trustee Braiman stated that unique circumstances is the appropriate variation standard;he believes the configuration of the homes is also a factor in this instance,i.e. the fact that the property backs up to a driveway;he does not like the idea of the 6' fence,but he does understand the request in this instance. Trustee Berman stated that he does not believe that unique circumstances is the aspect on which this should be judged. Mr. Sandler stated that he has no recollection of ever allowing a 6' fence in a side-yard condition;he stated that he believes that this is the first time that there has been a request for a variation between the Village of Buffalo Grove bordering on another community over which we have no jurisdiction or control. Trustee Berman does agree with Trustee Johnson's point that the difference in elevation is something that needs to be taken into account,but he does not agree with the comparison of this property to a major street. Trustee Berman stated that he also acknowledges the point made by the petitioner that his neighbor could have erected a 6' fence as allowed by Lake County, which would then be the equivalent of a 7' fence on the petitioner's property. 11276 8/19/2002 Trustee Berman stated that there are two issues that are pertinent to the decision making by the Board: 1. The relative elevations of the two lots. 2. Whether or not Lake County does allow a 6' fence. Trustee Berman would like to defer action on this item until the next meeting so that those two pieces of information can be made available to the Board. Moved by Berman,seconded by Braiman,to defer action on this item until the next Village Board meeting. Trustee Johnson stated that he would amend his motion to approve the appeals for both of these properties subject to verification that the elevation is 1' different and that Lake County does allow a 6' fence to be built;Trustee Kahn seconded this amendment. Trustee Glover referred to the fact that this yard backs up to a driveway,and she wants to be sure that,if this request is approved,there are not 6' fences built all the way down Rapheal. Trustee Johnson stated that he believes that these gentlemen have presented facts sufficient to satisfy all of the criteria required for a zoning variance;other people coming in might not have the same facts. Trustee Glover stated that the entire Board is very reluctant to overturn a ZBA decision and that is why this is such a difficult decision. Mr. Sandler questioned what would happen to the gentlemen's request if one or both of the conditions are not met. Upon roll call,Trustees voted as follows on the motion to defer: AYES: 3—Braiman,Glover,Berman NAYS: 4—Johnson,Kahn,Trilling,President Hartstein Motion defeated. After discussion on the exact criteria to needed to approve,Trustee Johnson and Trustee Kahn withdrew the motion to approve the request to overturn the ZBA decision. Trustee Berman again made a motion to defer action on this issue until the next meeting when the Board has all information needed to make a decision,and Trustee Braiman seconded the motion. Trustee Glover stated that,when this issue does come before the Board again,she wants to see it as soon as possible in the meeting so that these gentlemen do not have to wait until the end of the meeting again. Mr. Sandler stated that every variance that is requested of the ZBA is looked at on an individual basis. Upon roll call,Trustees voted as follows on the motion to defer: AYES: 5—Braiman,Glover,Berman,Johnson,Trilling NAYA: 1 —Kahn Motion declared carried. DOG RENTAL SERVICE Moved by Trilling,seconded by Johnson,to approve entering into an agreement with Knox Swan&Dog LLC for the purpose of Dog Rental Service,subject to the final agreement drafting by the Village Attorney. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11277 8/19/2002 EXECUTIVE MEETING Moved by Johnson,seconded by Glover,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 moved to Executive Meeting from 10:20-10:55 P.M. ADJOURNMENT Moved by Johnson,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:55 P.M. I rV LJ iet M.Sirabian,Village Clerk APPROVED BY ME THIQ2 DAY OF ‘ ,2002 ZW09-,2 Zoee<41&-._ Village President - I �ei \El II