2014-12-01 - Village Board Regular Meeting - Minutes 12907
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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,DECEMBER 1,2014
CALL TO ORDER
President Braiman 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 Braiman;Trustees Berman,Trilling,Sussman,Terson,Stein and
Ottenheimer.
Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Jeff Stein,Assistant Village
Attorney;Jennifer Maltas,Deputy Village Manager;Scott Anderson,Director of Finance;Andrew Brown,Deputy
Finance Director;Art Malinowski,Director of Human Resources;Evan Michel,Management Analyst;Brett
Robinson,Director of Purchasing;Brian Sheehan,Building Commissioner;Mike Reynolds,Director of Public
Works;Mike Skibbe,Deputy Director of Public Works;Bob Pfeil,Village Planner;Darren Monico,Village
Engineer;Geoff Tollefson,Director of Golf Operations; Police Chief Casstevens;and Fire Chief Vavra.
APPROVAL OF MINUTES
Moved by Ottenheimer,seconded by Terson,to approve the minutes of the October 27,2014 Committee of the
Whole Meeting(Civics Forum). Upon roll call,Trustees voted as follows:
AYES: 5—Berman,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
ABSTAIN: 1 —Trilling
Motion declared carried.
Moved by Terson,seconded by Stein,to approve the minutes of November 3,2014 Regular Meeting. Upon roll
call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
Moved by Berman,seconded by Ottenheimer,to approve the minutes of November 17,2014 Regular Meeting.
Upon roll call,Trustees voted as follows:
6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
AYES: g,
NAYS: 0—None
Motion declared carried.
WARRANT#1239
Mr.Anderson read Warrant#1239. Moved by Trilling,seconded by Sussman,to approve Warrant#1239
in the amount of$6,238,838.16,authorizing payment of bills listed.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
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Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Braiman read a Proclamation designating December,2014 as Drunk and Drugged Driving(3D)
Prevention Month in the Village of Buffalo Grove and called upon everyone to promote awareness of the impaired
driving problem,to support programs and policies to reduce the incidence of impaired driving,and to promote safer
and healthier behaviors regarding the use of alcohol and other drugs.
President Braiman congratulated staff and Mr.Anderson in particular for another job well done,as Buffalo Grove
has again received a Certificate for Excellence in Finance and Reporting from the Government Finance Officers
Association.
President Braiman noted that Buffalo Grove has been listed as the#7 Family Friendly Community in the State of
Illinois by a real estate publication,and he issued congratulations to all those involved in receiving that award.
President Braiman congratulated the Stevenson High School football team on winning their first ever State Football
Championship,and noted that the Village is very proud of them.
VILLAGE MANAGER'S REPORT
There is no Village Manager's report tonight.
PUBLIC HEARING—PAWN SHOPS&RETAIL SHOPS
Moved by Terson,seconded by Trilling,to open the Public Hearing for the Amendment of the Zoning Ordinance,
�./ Title 17,Pertaining to Pawn Shops and Resale Shops in the B-2 Business District. Upon voice vote the motion was
unanimously declared carried.
President Braiman opened the Public Hearing at 7:40 P.M. Roll call indicated the following present: Trustees
Berman,Trilling,Sussman,Terson,Stein,Ottenheimer.
President Braiman then reviewed the purpose of the Public Hearing.
Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr. Sheehan.
President Braiman asked if there were any questions from members of the Board,other public agencies,or the
audience;there were none.
At 7:43 P.M.,President Braiman continued the Public Hearing until later on in this meeting.
TRUSTEE REPORTS
Trustee Stein congratulated the Stevenson varsity boys football team,and the Stevenson girls varsity basketball
team,and the Buffalo Bills youth football team on their impressive victories this weekend.
CONSENT AGENDA
President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could
request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on
the Consent Agenda.
v Resolution#2014-27—Corporate Personal Property Replacement Tax
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Motion to pass Resolution#2014-27,regarding Corporate Personal Property Replacement Tax Distribution—2015.
Resolution#2014-28—Contractual Street Improvement
Motion to pass Resolution#2014-28,approving an Agreement for Design Engineering Services for the 2015 Village
Wide Contractual Street Improvement Project.
Resolution#2014-29—Loss in Collection on Taxable Property-Cook
Motion to pass Resolution#2014-29,requesting the County of Cook Not to Collect the Loss in Collection on
Taxable Property in the Village of Buffalo Grove.
Resolution#2014-30—Loss in Collection on Taxable Property-Lake
Motion to pass Resolution#2014-30,requesting the County of Lake Not to Collect the Loss in Collection on
Taxable Property in the Village of Buffalo Grove.
Burdeen's Jewelry Store
Motion to approve Certificate of Initial Acceptance and Approval: Burdeen's Jewelry Store.
Contract Tree Trimming
Motion to award bid for Contract Tree Trimming.
Golf Course Maintenance
Motion to authorize request for proposals for Golf Course Maintenance.
Police Pension Fund Municipal Compliance Report
Motion to accept the Village of Buffalo Grove Police Pension Fund—Municipal Compliance Report for December
31,2013.
Fire Pension Fund Municipal Compliance Report
Motion to accept the Village of Buffalo Grove Fire Pension Fund—Municipal Compliance Report for December 31,
2013.
It was requested that Items 10.H.,Police Pension Fund Municipal Compliance Report,and I.,Fire Pension Fund
Municipal Compliance Report,be removed from the Consent Agenda.
Moved by Sussman,seconded by Terson,to approve the Consent Agenda,minus Items 10.H.&I. Upon roll call,
Trustees voted as follows on the Consent Agenda:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2014-76—LEVY&COLLECTION OF TAXES
Mr. Anderson reviewed the proposed ordinance,details of which may be found in the Village Board Meeting
Agenda Item Overview that he prepared.
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�J Moved by Berman,seconded by Trilling,to pass Ordinance#2014-76,for the Levy and Collection of Taxes for the
Fiscal Year Commencing on the 15t day of January,2015 and ending on the 31s`day of December,2015,in
accordance with the staff memorandum and draft ordinance contained in Board packets. Upon roll call,Trustees
voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
RESOLUTION#2014-31—2015 BUDGET
Moved by Berman,seconded by Terson,to pass Resolution#2014-31,adopting the Fiscal 2015(January 1 —
December 31,2015)Budget for the Village of Buffalo Grove,in accordance with the staff memorandum,as well as
the budget presented to the Board.
Mr.Anderson reviewed the proposed resolution,details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Craig Horwitz, 883 Stonebridge Road,asked several questions on the budget;he believes the budget should be
reduced and no larger than the 2014 budget;he urged the Board not to approve this budget and he wants to see the
budget cut.
Mr.Bragg stated that this is a very conservative budget and that the operating budget has been reduced;the budget is
a planning tool;most costs in the budget are for personnel.
After lengthy discussion,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2014-77—PAWN SHOPS
Moved by Terson,seconded by Ottenheimer,to pass Ordinance#2014-77,amending the Zoning Ordinance
concerning Pawn Shops and Resale Shops as Special Uses in the Business District.
Mr.Bragg reviewed the proposed ordinance and its purpose,details of which are contained in the Village Board
Meeting Agenda Item Overview prepared by Mr. Sheehan.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
President Braiman closed the Public Hearing at 8:30 P.M.
ORDINANCE#2014-78—PAWNBROKERS
Moved by Terson,seconded by Stein,to pass Ordinance#2014-78,amending Chapter 5.46 of the Municipal Code—
Pawnbrokers and Resale Dealers. Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
�/ NAYS: 0—None
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Motion declared carried.
ORDINANCE#2014-79—MAX TRAINING
Moved by Ottenheimer,seconded by Sussman,to pass Ordinance#2014-79,approving amendment of a Special Use
in the Industrial District,Max Training,355 Hastings Drive,in accordance with testimony and information provided
to the Board.
Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling, Sussman,Terson, Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ORDINANCE#2014-80—GW PROPERTY GROUP
This item was withdrawn from the agenda.
RESOLUTION#2014-32—SENATE BILL 16
Moved by Berman,seconded by Trilling,to pass Resolution#2014-32,opposing Senate Bill 16.
Mr.Bragg reviewed the proposed resolution,details of which are contained in Village Board Meeting Agenda Item
Overview that he prepared.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
WALL PANEL/SKYLIGHT PROJECT
Moved by Stein,seconded by Ottenheimer,to award bid to Expedia Construction Corporation for the Wall Panel
and Skylight Project.
Mr.Bragg reviewed the proposed bid award,details of which are contained in the Village Board Meeting Agenda
item Overview prepared by Mr.Robinson.
Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
POWERED COTS/LOADING SYSTEMS
Moved by Trilling,seconded by Ottenheimer,to authorize purchase of Powered Cots and Loading Systems.
Mr.Bragg reviewed the proposed purchase,details of which may be found in the Village Board Meeting Agenda
Item Overview prepared by Chief Vavra.
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�J Upon roll call,Trustees voted as follows:
AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
ADVISORY REFERENDUM
Moved by Stein,seconded by Sussman,to authorize a General Advisory Referendum regarding the Downtown
Project to be placed on the April 7,2015 Consolidated Election Ballot in Cook and Lake Counties,in accordance
with information detailed in Board packets.
President Braiman stated that he has a concern with the procedure,as the exact wording is not available,and more
direction is needed from counsel as far as the legality of an advisory referendum and the proper language. Since
voter turnout in municipal elections is low,he would like staff to determine whether or not there is an alternative
method to obtain public input.
In answer to questions from Trustee Berman,Mr.Raysa stated that he believes the Board does have the authority to
place a policy,non-binding referendum on the ballot. Mr.Raysa stated that he has not been asked the question with
regard to a binding referendum,and he has not done research on that topic.
Mr.Raysa stated that,since there is no resolution before the Board tonight,it would be in violation of the Open
Meetings Act to act on a resolution at this meeting. Mr.Raysa stated that he could be prepared by the December 15,
2014 meeting with language and a resolution,
Trustee Berman suggested that Trustee Stein modify the motion to read that the Board direct staff and the Village
Attorney to provide both the legal input and to draft an appropriate resolution to be brought back at either of the next
two Board meetings.
Trustees Stein and Sussman agreed to this modification of the motion.
President Braiman reviewed the motion to direct the Village Attorney to opine on the legality of a non-binding
and/or a binding referendum on the subject and to create and provide to the Board alternate suggested language for
the binding or non-binding referendum at the next Village Board Meeting.
Trustees Stein and Sussman accepted the amended motion.
Trustee Sussman stated that she wants the phrase"Mr.Malk's concept of a downtown"in the wording.
There was no opposition to asking staff to come up with alternative methods of public opinion.
Rob Sherman,778 Stonebridge Lane,stated that there was a desire for a downtown years ago,but now he believes
there is more than enough retail and housing and there is no need for a downtown;he stated that the golf course is an
asset that is being used exactly for its intended purpose.
Celeste Sherman,778 Stonebridge Lane,does not feel the need for a downtown; she believes we have enough
housing and retail and thinks this would be way too much.
Brian Costin, 1339 Madison Court South,is in support of the motion tonight;his group would prefer a binding
referendum;he submitted copies of the electronic petitions that they have obtained;he submitted the suggested
wording of the referendum by the group;they believe a referendum is important.
In answer to a question from Trustee Berman,Mr.Costin stated that he believes that a Home Rule Community may
submit a binding referendum to the voters.
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Trustee Berman stated that it is his belief that a binding referendum is not available to the Village on this type of
question.
Trustee Terson stated that there is a problem with a binding referendum because,once the final financing options are
available,the project might not be feasible,therefore,there would be no need for a referendum.
Bill Nielsen,Elmwood Drive,stated that we do not need another Town Center. Surrounding retail areas are having
problems.
A resident of 88 Manchester,is vehemently opposed to a downtown development,and is in support of a binding
referendum,and he urged the entire Board to go along with support of a referendum.
Diana Lewis,77 Manchester,opposes going forward with any redevelopment of the golf course without community
input;there should be multiple ideas and proposals and ideas brought forward to determine the best utilization of
that open space.
Dave Weidenfeld,830 Dorncliff,suggests that a referendum is the only vehicle to move anything along with public
input.
President Braiman stated that it is important for the Board to get factual information before a decision is made;he
believes every member of the Board is open to hearing from everyone and reviewing facts before a decision is made.
The job of the Planning&Zoning Commission is to present the best plan possible to the Board,and then it is up to
the Village Board to determine whether or not to move forward with a plan.
A resident of 108 Circle Drive stated that he hopes the Board will make sure that the referendum appears on the
April ballot;he does not believe this proposal is in the best interest of the Village and definitely not in the best
interest of his neighborhood;this proposal has a lot of problems.
Joanne Meyerhoff,430 Weidner Road,stated that her very first vote after moving into Buffalo Grove was to vote for
the golf course and to vote for the referendum to pay for the golf course,and she believes that we should have a
binding referendum as to whether or not taxpayers should pay for this proposal;she remembers when the Town
Center was built,and it was not what was promised;the residents of Buffalo Grove are not prepared to be
disappointed again.
Elliott Hartstein,908 Providence,stated that the concept of a referendum frustrates him,because he strongly
believes that elected officials are entrusted with making decisions;he believes that the Board will weigh the
evidence and make decisions in the best interest of the total community. Mr.Hartstein believes that this is unique
because the property was acquired through a referendum of the community;he believes there should be a non-
binding referendum,as well as trying to find other vehicles to obtain public input.
Mr.Bragg stated that the property was acquired by the Village,and subsequently there was a referendum for the
issuance of bonds to pay off the purchase contract.
A resident of 630 Alsace Circle stated that he and his wife are vehemently opposed to this plan;they believe that a
referendum is a reasonable way to get community feedback.
Father Dan Whiteside,St.Mary Church,stated that everyone that he speaks to in his congregation is in favor of a
referendum; St.Mary is very concerned about this development because of the proximity to the church property;he
asks that there be further study about where the water from the golf course will go;they are concerned about traffic;
he strongly encourages the Board to consider a referendum.
Bill Saunders,resident,stated that he wants to see a referendum;he suggested that people do not just get one bid
when they do a home improvement project,and there should be more than one proposal for this project as well.
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Dan Peterson,308 Lakeview Court,supports the concept of a referendum;this property was zoned open space,and
he does not understand why we are at this point at all;the surrounding neighborhood is against this project.
Ron Mraz, 1261 Radcliff Road,stated that Mr.Malk promised that this proposal would not cost taxpayers a dime;
this is our community and they voted the Board into office,and they believe they should have a voice in
development.
Marilyn Weissberg, 88 Manchester,believe this process is flawed;she believes this proposal is a mistake because of
the sheer magnitude of the project;she is in favor of a referendum.
Craig Horwitz,883 Stonebridge Lane,stated that the 2015 budget has a project entitled"Economic Development";
he has filed many FOIA requests,and he believes there must be many more ideas to consider;he supports a
referendum.
Eleanor Hesse,787 Beechwood Road,stated that we have a golf course paid for by taxpayers,and she questions
whether this can be sold to a developer without a referendum.
Adam Moodhe, 151 Mary Lu Lane,supports a referendum;he stated that the system does work when people show
up and become involved.
Rod Stackhouse,resident,stated that he believes Board members have the best interests of the Village at heart;he
would like to see the process slow down;he believes there should be a referendum.
Ed Osman,Buffalo Grove Road,stated that there was a tremendous flooding problem south of Lake Cook Road,and
one reason the Village purchased the golf course was to deal with that flooding problem.
Fred Sturgeon,resident,agreed with Mr.Osman about the golf course;everyone was very pleased that this would
always be open land to deal with this flooding;he does not believe this is the proper site for a police station;if
development is to go forward,it needs to be a different plan.
Tim Kobler,resident,asked a question about the process going forward,and he was answered by President Braiman;
he believes this should be kept as a golf course and green space;the Board is to act in accordance with the will of
the people;he encourages a referendum.
Trustee Trilling stated that he has listened to the people both since the beginning of this proposal,as well as for all
13 years that he has been a Trustee;he does not believe there is any cost to having a referendum on the April ballot;
he understands that most people present tonight are against any development on the golf course;Trustees were
elected to do a job,which is to vet proposals brought before the Board;the role of Trustees is to listen to the
residents,as well as the developer;he would like to have heard more about the specifics of a referendum;the
Planning&Zoning Commission is charged with putting together the best possible proposal with which they are
presented;there are many questions that yet need answers.
Trustee Ottenheimer echoed much of what Trustee Trilling stated;the Board has an obligation to gather facts;this is
not a done deal,and the Village Board is responsible for doing what is best for the entire Village.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
POLICE PENSION FUND MUNICIPAL COMPLIANCE REPORT
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Mr. Hartstein stated that he removed this item,as well as the next one, from the Consent Agenda so that the large
audience could gain insight as to the magnitude of the pension issues.
Mr.Bragg and Mr.Anderson briefly reviewed the Village's pension obligations.
Craig Horwitz, 883 Stonebridge Lane,asked a question regarding the Pension Funds,which was answered by Mr.
Anderson.
Moved by Ottenheimer,seconded by Stein,to accept the Village of Buffalo Grove Police Pension Fund—Municipal
Compliance Report for December 31,2013.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
FIRE PENSION FUND MUNICIPAL COMPLIANCE REPORT
Moved by Terson,seconded by Berman,to accept the Village of Buffalo Grove Fire Pension Fund—Municipal
Compliance Report for December 31,2013. Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
QUESTIONS FROM THE AUDIENCE
J.V. Springman thanked everyone that contributed to the success of Buffalo Grove Days.
EXECUTIVE SESSION
Moved by Sussman,seconded by Trilling,to move to Executive Session for the purpose of discussing Approval of
Closed Session Minutes,Section 2(c)(21),of the Illinois Open Meetings Act,and Personnel,Section 2(c)(1)of the
Illinois Open Meetings Act. Upon roll call,Trustees voted as follows:
AYES: 6—Trilling,Sussman,Terson,Stein,Ottenheimer
NAYS: 0—None
Motion declared carried.
The Board moved to Executive Meeting from 10:29 P.M.to 10:45 P.M.
ADJOURNMENT
Moved by Sussman,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:45 P.M.
` _ . J M. Sirabian,Village Clerk
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APPROVED BY ME THIS 15th DAY OF December ,2014
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