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2016-10-17 - Village Board Regular Meeting - Minutes 13074 10/17/2016 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 17,2016 CALL TO ORDER President Sussman called the meeting to order at 7:30 P.M. ROLL CALL Roll call indicated the following present: President Sussman;Trustees Berman,Trilling, Stein,Ottenheimer, Weidenfeld and Johnson. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Luke Glisan,Assistant Village Attorney;Jennifer Maltas,Deputy Village Manager;Scott Anderson,Director of Finance;Art Malinowski,Human Resource Director;Evan Michel,Management Analyst; Christopher Stilling,Director of Community Development; Brett Robinson,Director of Purchasing;Mike Reynolds,Director of Public Works;Darren Monico,Village Engineer;Geoff Tollefson,Director of Golf Operations;Deputy Police Chief Szos;and Deputy Fire Chief Wagner. APPROVAL OF MINUTES Moved by Johnson,seconded by Trilling,to approve the minutes of the September 19,2016 Regular Meeting. The Village Clerk noted that there were two typos that had been corrected. Upon roll call,Trustees voted as follows: AYES: 5—Berman,Trilling, Stein,Weidenfeld,Johnson NAYS: 0—None ABSTAIN: 1 —Ottenheimer Motion declared carried. WARRANT#1268 Mr.Anderson read Warrant#1268. Moved by Ottenheimer,seconded by Weidenfeld,to approve Warrant#1268 in the amount of$4,525,702.31,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Sussman congratulated Kildeer School District#96 on two awards that they received. Ben Levin,Twin Groves Middle School,is Health Educator of the Year,recognized by the State Board of Education as the best in his field of expertise. Mr.Levin was congratulated by the audience and the Board. President Sussman congratulated Julie Schmitt,Superintendent of School District#96,who received the 2016 Lake County Superintendent of the Year Award. 13075 10/17/2016 v Trustee Johnson read a Proclamation declaring October 31,2016 from 2:00 P.M.to 8:00 P.M. as Trick or Treat Day in Buffalo Grove,and urged residents to participate in making this a safe and enjoyable activity for our youngest residents. President Sussman read a Proclamation declaring October as National Breast Cancer Awareness Month in the Village of Buffalo Grove and encouraged Village residents to support fundraising efforts for enhanced research and support programs. VILLAGE MANAGER'S REPORT Paulette Greenberg presented a report on the 2016 Farmer's Market,noting that the event becomes more successful each year; she thanked the volunteers,the vendors and the Village for their support in making this program a success. Trustee Stein commented on how highly the vendors think of the Buffalo Grove Farmer's Market,and thanked Paulette and the committee for their hard work and dedication. PUBLIC HEARING—BERENESA PLAZA President Sussman opened the Public Hearing for an Amendment to the Berenesa Plaza Annexation Agreement to allow for a New Commercial Development on the 25 Acre Property at the Northwest and Southwest Corners of Milwaukee Avenue(Request to Continue to December 5,2016 Village Board Meeting)at 7:42 P.M. Roll call indicated the following present:President Sussman;Trustees Berman,Trilling,Stein,Ottenheimer, Weidenfeld and Johnson. Notice of Public Hearing was published in the Daily Herald on October 2,2016. �./ President Sussman stated that,due to changes in the site plan,this Public Hearing will be continued until December 5,2016. Moved by Stein,seconded by Ottenheimer,to continue this Public Hearing until December 5,2016. Upon roll call, Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. At 7:43 P.M.,President Sussman continued the Public Hearing until December 5,2016. PUBLIC HEARING—SPEEDWAY President Sussman opened the Public Hearing for an Amendment to the Annexation Agreement for Speedway at 201 Milwaukee Avenue to Allow for a 350 Square Foot Building Addition at 7:44 P.M. Roll call indicated the following present:President Sussman;Trustees Berman,Trilling,Stein,Ottenheimer, Weidenfeld and Johnson. Notice of Public Hearing was published in the Daily Herald on October 2,2016. Mr. Stilling provided an overview of the proposed Annexation Agreement,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared,as well as his memo to the Board of October 12, 2016. The petitioner then provided further detail on their request,after which he answered questions from the Board. 13076 10/17/2016 Mr. Stilling confirmed that,if this property were not subject to the specific Annexation Agreement,there would be no need for action in order to accomplish the proposed change. At 7:49 P.M.,President Sussman continued the Public Hearing until action is taken later on in the agenda. TRUSTEE REPORTS The Village Clerk noted that Early Voting for the November 8,2016 General Election will run from October 24, 2016 through November 7,2016. The polls will be open from 6:00 A.M.until 7:00 P.M.on Election Day. Election judges are always needed in both counties. The Village Clerk noted that our annual Civics Forum will be held next Monday,October 24,2016,and provided a brief synopsis of the purpose of the Civics Forum. The participating students are in attendance tonight and each of them introduced themselves to the audience and the Board. Trustee Johnson noted that there is a Halloween Decorating Contest in Buffalo Grove,and urged residents to decorate their homes and enter the results in the contest. CONSENT AGENDA President Sussman 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. Proclamation—Native American Heritage Month Motion to declare the month of November 2016 as Native American Heritage Month in the Village of Buffalo Grove. Police Department Security Camera Enhancements Motion to waive bids and authorize the award of a contract to Esscoe,LLC for the Security Camera Enhancement project at the Police Department in an amount not to exceed$69,786.00. Resolution No.2016-23—EMA Mutual Aid Motion to pass Resolution No.2016-23 relating to an Emergency Management Mutual Aid Agreement. Ordinance No.2016-46—Liquor Controls Motion to pass Ordinance No. 2016-46,amending Chapter 5.20 Liquor Controls rescinding the Class E Liquor License issued to Grill on the Rock,Inc. Ordinance No.2016-47-Inspection Requirements Motion to pass Ordinance No.2016-47,amending Chapter 15.36.060—Inspection Requirements. Ordinance No.2016-48—Sky Fitness Motion to pass Ordinance No.2016-48,approval of an Amendment to Ordinance No.2015-56 for Sky Fitness at 1501 Busch Parkway. Ordinance No.2016-49—Buffalo Grove Municipal Code 13077 10/17/2016 Motion to pass Ordinance No.2016-49,amending Section 5.24.100,Hours,and Section 9.38.037,Construction Regulations—Hours of Work,of the Buffalo Grove Municipal Code. It was requested that Item 8.G.,Ordinance No.2016-49 be removed from the Consent Agenda. Moved by Weidenfeld,seconded by Johnson,to approve the Consent Agenda,minus Item 8.G. Upon roll call, Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. RESOLUTION NO.2016-24—TRANSPORTATION LOCKBOX Trustee Berman presented a brief synopsis of the proposed Transportation Lockbox Constitutional Amendment question which will appear as a referendum question on the ballot in the November 8,2016 election. Mike Sturino,President and CEO of the Illinois Road and Transportation Builders Association,provided information explaining why he believes voters should approve the Safe Roads Amendment. State Representative Elaine Nekritz,one of the four Representatives who voted against placing this amendment on the ballot,explained why she believes that voters should vote against the proposed amendments. Mr. Sturino and Representative Nekritz were thanked for taking the time to attend and offer their views on the ballot question. Under advice from counsel,Mr.Bragg stated that staff is prepared to withdraw from consideration Resolution No. • 2016-24 from tonight's agenda in order to avoid any perceived conflicts,thus the item before the Board is for informational purposes only. RESOLUTION NO.2016-25—BUFFALO GROVE GOLF COURSE RESTAURANT Moved by Johnson,seconded by Berman,to pass Resolution No.2016-25,authorizing Negotiation of Lease for the Buffalo Grove Golf Course Restaurant. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling, Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. ORDINANCE NO.2016-50—SPEEDWAY Moved by Weidenfeld,seconded by Johnson,to pass Ordinance No.2016-50,approving an Amendment to the Annexation Agreement to allow for a 350 square foot Building Addition for Speedway at 201 Milwaukee Avenue. Mr. Stilling reviewed the proposed ordinance,details of which are contained in his memo to the Board of October 12,2016. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. Moved by Weidenfeld,seconded by Johnson,to close the Public Hearing. Upon roll call,Trustees voted as follows: 13078 10/17/2016 AYES: 6—Berman,Trilling, Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. The Public Hearing was closed at 8:22 P.M. ORDINANCE NO.2016-51—LIQUOR CONTROLS Moved by Weidenfeld,seconded by Ottenheimer,to pass Ordinance No.2016-51,amending Chapter 5.20-Liquor Controls,of the Buffalo Grove Municipal Code. Mr. Stilling reviewed the proposed ordinance,details of which are contained in the memo to Mr.Bragg of October 10,2016. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. ORDINANCE NO.2016-52—LIQUOR CONTROLS Moved by Berman,seconded by Ottenheimer,to pass Ordinance No.2016-52,amending Chapter 5.20—Liquor Controls,of the Buffalo Grove Municipal Code. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Stilling. Mr.Bragg confirmed that the proposed ordinance does not require any obligation for an establishment to allow BYOB on their premises if they choose not to do so. After Board discussion,Trustees voted as follows: AYES: 5—Berman,Trilling,Stein,Ottenheimer,Johnson NAYS: 1 —Weidenfeld Motion declared carried. WOODMAN'S/SHOREWOOD DEVELOPMENT Moved by Berman,seconded by Ottenheimer,to refer Woodman's and Shorewood Development Group's Petition to the November 2,2016 Planning&Zoning Commission Meeting for the reasons stated in the staff memorandum included in Board packets. Mr. Stilling stated that this is expected to be back before the Board on December 5,2016. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. Ordinance No.2016-49—Buffalo Grove Municipal Code Trustee Stein explained why he requested that this item be removed from the Consent Agenda. 13079 10/17/2016 Mr.Raysa noted that the window for solicitation cannot be too narrow or it is viewed by the United States Supreme Court as taking away the right to solicit,and he suggested further legal research of recent case law as to what has and has not been declared constitutional. After Board discussion,it was moved by Berman and seconded by Ottenheimer to pass Ordinance No.2016-49,amending Section 5.24.100,Hours,and Section 9.38.037,Construction Regulations—Hours of Work, of the Buffalo Grove Municipal Code minus Section 2. AYES: 6—Berman,Trilling,Stein,Ottenheimer,Weidenfeld,Johnson NAYS: 0—None Motion declared carried. QUESTIONS FROM THE AUDIENCE President Sussman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda;there were no such questions. ADJOURNMENT Moved by Berman,seconded by Weidenfeld,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 8:45 P.M. i I ` J t M. Sirabian,Village Clerk E v _ _ APPROVED BY ME THIS 5th DAY OF December ,2016 illage President _ i