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2002-09-09 - Village Board Special Meeting - Minutes 11277 9/9/2002 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,SEPTEMBER 9,2002 CALL TO ORDER President Hartstein called the meeting to order at 7:30 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;Ray Rigsby, Superintendent of Public Works;Ed Schar,Director of Building&Zoning;Richard Kuenkler,Villager Engineer; Robert Pfeil,Village Planner;Greg Summers,Assistant Village Planner;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Berman,to approve the minutes of the August 19,2002 Regular Meeting. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#965 Mr.Tenerelli read Warrant#965. Moved by Glover,seconded by Kahn,to approve Warrant#965 in the amount of $1,762,092.35,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 DAYS President Hartstein extended thanks to the entire Buffalo Grove Days Committee for again staging a tremendous weekend festival enjoyed by all who attended. 9/11 COMMEMORATION President Hartstein noted that there will be a ceremony on Wednesday,September 11,2002 at 9:00 A.M. at the Village Hall in remembrance of 9/11. RESOLUTION#2002-36—MAUREEN WELBORN President Hartstein read a resolution commending outgoing Buffalo Grove Days Committee Chair Maureen Welborn for service to the community, 1990-2002. Moved by Glover,seconded by Braiman,to pass Resolution#2002-36. Upon voice vote,the motion was unanimously declared carried. President Hartstein again thanked Mrs.Welborn for her many years of service to the Village,and she was congratulated by the audience and the Board. 11278 9/9/2002 RESOLUTION#2002-37—DEAN HOELTING President Hartstein read a resolution commending outgoing Buffalo Grove Days Committee Co-Chair Dean Hoelting for service to the community, 1995-2002. Moved by Glover,seconded by Berman,to pass Resolution#2002-37. Upon voice vote,the motion was unanimously declared carried. President Hartstein again thanked Mr.Hoelting for his many years of service to the Village,and he was congratulated by the audience and the Board. BUFFALO GROVE DAYS Trustee Glover thanked all the members of the Buffalo Grove Days Committee,as well as all of the people and organizations that contributed to the tremendous success of this year's festival. Trustee Glover particularly thanked the numerous staff personnel who give up their holiday weekend to ensure success of this festival. She stated that the fireworks display was the best we've ever had. Trustee Berman then thanked Trustee Glover for all of her hard work and dedication as liaison to the Buffalo Grove Days Committee. SHERIFF'S YOUTH MEDAL OF HONOR Trustee Glover stated that the Cook County Sheriff's office has announced their annual Sheriff's Youth Service Metal of Honor award;she stated that this award is available to high school students who have contributed at least 100 hours of volunteer service. The application deadline for submissions is October 4,2002,and applications are available through the Village web site. LIQUOR ORDINANCE In response to a request from a resident,Trustee Berman asked staff to investigate changing the liquor control ordinance to permit the use of glassware rather than plastic during wine tastings;there were no objections from the Board to Trustee Berman's request. SYMPHONIC BAND Trustee Kahn offered congratulations to the Buffalo Grove Symphonic Band for being honored with the President's Award for their performance at the Buffalo Grove Days parade. The next performance of the band will take place on October 26,2002 at Buffalo Grove High School. STOP SIGN Trustee Kahn stated that he has been asked if it would be possible to install a 4-way stop sign at the corner of Raupp and Church,as there is a great deal of traffic at that intersection from both the golf course and the restaurant. CHAMBER OF COMMERCE AWARD `./ President Hartstein noted that Ray Rigsby was named Member of the Month by the Buffalo Grove Chamber of Commerce for his ongoing and tireless efforts in serving the community and working with the Chamber. REVENUE UPDATE Mr. Balling reported on the recent Finance Committee meeting,noting that the Board requested that staff go back and review cuts within the Corporate Fund budget to meet the anticipated lower revenues;he noted that the efforts of the Department Heads have identified a plan that reduces the Corporate Fund budget by approximately 5.8%. Details of these reductions are outlined in Mr. Anderson's memo to Mr.Balling of August 28,2002. Trustee Johnson commended staff for their efforts in dealing with this budget shortfall. 11279 9/9/2002 NOAH'S LANDING Mr.Balling presented follow-up information from the Plan Commission with regard to the request of the developer to change the mix of several of the units in the Noah's Landing development,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Trustee Johnson stated that he was happy to see that the Village was able to work with the school districts so quickly and effectively to make sure that their concerns were taken into account. Trustee Berman stated that he wants to be sure that the documentation in the ordinance is very carefully drafted to incorporate all of the conditions for their approval of the change. Mr.Balling stated that,with the unanimous recommendation of the Plan Commission,he would like to get an affirmation of the Plan Commission recommendation by the Board,and then have an ordinance brought back that would document and reaffirm by September 23,2002. Mr.Balling stated that he does not intend to do an amendment to the Annexation Agreement, which would require a Public Hearing,because he believes that the proposal fits in the category of a minor change. Mr.Raysa confirmed that any changes made by the developer at this point would be subject to the passage of the final ordinance. President Hartstein polled the Board: "YES"indicates favor of concurrence with the recommendation of the Plan Commission subject to approval of formal documentation to be submitted to the Board;"NO"indicates opposition: YES: Braiman,Glover,Berman,Johnson,Trilling NO: Kahn Mr.Green pointed out that they are currently seeking change to only seven units rather than ten. ZBA APPEAL—FENCE Max Sukenik,468 Raphael,and Mark Levin,470 Raphael,both of whom are appealing the ZBA decision which denied them permission to construct a 6' fence on each of their properties, were present to answer questions. Mr.Balling stated that Mr.Schar took on the responsibility of gathering the information requested by the Board at the last meeting. It was confirmed that Lake County does allow a 6' fence,so if the fence was built on the adjoining property,it could be 6' in height rather than 5';it was also confirmed that the condition of the fence is dilapidated; there is also an approximate 10"separation in height between the driveway of the unincorporated property compared to the fence line of the municipal property. Moved by Johnson,seconded by Berman,to grant the appeal of both petitioners for a variation to the Municipal Code 15.20.040 allowing construction of a 6' fence on the west side of the properties at 468 and 470 Raphael. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. PUBLIC HEARING—WATERFORD POINTE President Hartstein called the Public Hearing to order at 8:10 P.M. Mr.Balling reviewed the request of the developer,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Ms. Akers. President Hartstein swore in Mike Werchek,848 Interlochen Lane,Libertyville,Illinois,to give testimony. Mr. Werchek further reviewed his request to the Board. 11280 9/9/2002 Mr.Kuenkler stated that the proposal conforms to the drainage standards of the Village. At 8:15 P.M.,President Hartstein continued the Public Hearing until this item appears later on in the agenda. PUBLIC HEARING—ALDRICH PROPERTY President Hartstein reconvened the Public Hearing at 8:15 P.M. Moved by Braiman,seconded by Kahn,to continue this Public Hearing regarding the Annexation Agreement concerning the Aldrich Property, 16226 W.Aptakisic Road until the September 23,2002 Special Village Board Meeting. Upon voice vote,the motion was declared carried,with Trustee Johnson recusing himself. At 8:16 P.M.,President Hartstein continued the Public Hearing until September 23,2002. 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 Kahn,seconded by Braiman to approve the Consent Agenda. ORDINANCE NO.2002-47,Caribou Coffee Motion to approve Ordinance No.2002-47,An ordinance granting a variation for Caribou Coffee,322 Half Day Road,to Sign Code,Sections 14.20.030 and 14.20.080,for the purpose of installing an additional wall sign on the West elevation. ORDINANCE NO.2002-48,Surplus equipment Motion to approve Ordinance No.2002-48,An ordinance declaring surplus equipment. RATIFY ORDINANCE NO.2002-45 Motion to approve the ratification of Ordinance No.2002-45,An ordinance directing the Commonwealth Edison Company to underground a power line utilizing Rider 28. POLICE PENSION FUND ANNUAL REPORT Motion to accept the Police Pension Fund Annual Report of Condition. FIREFIGHTER'S PENSION FUND ANNUAL REPORT Motion to accept the Firefighter's Pension Fund Annual Report of Condition. MILLBROOK BUSINESS CENTER,LOT 1,2,&LOT 1 SECOND RESUB. Motion to approve the Certificates of Initial Acceptance&Approval for Millbrook Business Center,Lot 2(2500 Bldg.),Lot 1 (485 Bldg.),&Lot 1 Second Resub(2400 Bldg.) COLUMN LIFTS—Authorization to Bid Motion to authorize the request for sealed bids for column lifts. Upon roll call,Trustees voted as follows on the Consent Agenda: 11281 9/9/2002 AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-49—WATERFORD POINTE Moved by Johnson,seconded by Berman,to pass Ordinance#2002-49,approving the First Amendment to the Waterford Pointe(Werchek)Planned Unit Development(P.U.D.)Ordinance concerning a variation of the Development Ordinance and access to Arlington Heights Road,consistent with the materials presented this evening and the Public Hearing previously held. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. President Hartstein adjourned the Public Hearing at 8:21 P.M. ORDINANCE#2002-50—MUNICIPAL TELECOMMUNICATIONS TAX Moved by Braiman,seconded by Glover,to pass Ordinance#2002-50,an ordinance adding Chapter 3.65 to the Village of Buffalo Grove Municipal Code imposing a Simplified Municipal Telecommunications Tax. Mr.Brimm reviewed the proposed ordinance,details of which are contained in his memo to Mr.Balling of August 22,2002. Upon roll call,Trustees voted as follows: AYES: 6-Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0-None Motion declared carried. ORDINANCE#2002-51-LITTLEL HAVANA CIGAR Moved by Trilling,seconded by Kahn,an ordinance amending Chapter 5.20,Liquor Controls,Class B Little Havana Cigar Company due to the closure of this business. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. SANITARY SEWER SYSTEM Moved by Johnson,seconded by Glover,to pass Resolution#2002-38,a resolution approving an Engineering Services Proposal for the 2002 Evaluation of the Sanitary Sewer System. Mr.Boysen reviewed this proposal for the Board,details of which are contained in his memo to Mr.Balling of August 29,2002. Trustee Braiman stated that he is somewhat disappointed in the information prepared for the Board tonight,and he is not comfortable making a decision until more information is received,and he suggested deferring this item until that time. Moved by Braiman,seconded by Berman,to defer action on this item until September 23,2002. Upon voice vote, the motion was unanimously declared carried. VERNON TOWNSHIP Trustee Johnson noted that he is the attorney for Vernon Township and will recuse himself from discussion on this matter. 11282 9/9/2002 Todd Gedville,representing Vernon Township,made a presentation to the Board,details of which are contained in the Village Board Meeting Agenda Item overview prepared by Mr.Pfeil;he then answered questions from the Board. Moved by Braiman,seconded by Glover to refer the Vernon Township proposed equipment storage building,west of the community services building at 2900 Main street,Amendment of a Special Use in the R-7 District to the Plan Commission for review. It was suggested that the Plan Commission take particular note of the various conditions that Mr. Gedville has already indicated he is willing to place on the building with regard to the types of uses,the times,etc.,and that staff make sure that those limitations are documented in the ordinance so that there is no misunderstanding down the road;it was also suggested that the township work with the residents in close proximity to the building. Other suggestions by the Board included the possibility of relocating the building to another spot on the site,working with the architects so that the building is a little less plain,and making sure that there are plenty of large windows. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None RECUSE: 1 —Johnson Motion declared carried. EXECUTIVE MEETING Moved by Trilling,seconded by Kahn,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 8:35-9:35 P.M. ADJOURNMENT Moved by Kahn,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:35 P.M. 91..,d.'tV\• Janet M.Sirabian,Village Clerk APPROVED BY ME THIS DAY OF / ,2002 Village President