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2011-06-06 - Village Board Regular Meeting - Minutes 12518 06/06/2011 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,JUNE 6,2011 CALL TO ORDER President Braiman 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 Braiman;Trustees Berman,Trilling, Sussman,Terson, Stein and Ottenheimer. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy Village Manager;Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Robert Giddens,IT Director;Gregory Boysen,Public Works Director;Brian Sheehan,Village Health Officer;Robert Pfeil,Village Planner;Police Chief Balinski;and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Ottenheimer,seconded by Berman,to approve the minutes of the May 16,2011 Regular Meeting. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. Moved by Terson,seconded by Stein,to approve the minutes of the May 16,2011 Committee of the Whole Meeting. Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANT#1167 Mr.Anderson read Warrant#1167. Moved by Trilling,seconded by Sussman,to approve Warrant#1167 in the amount of$3,173,193.45,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman read a Proclamation for Welcome Home 2011"Together then ....Together again" honoring Viet Nam Veterans and all those who proudly wear our country's uniform. This is an annual event which honors returning veterans. President Braiman thanked our citizens and legislators for their efforts in protecting the Local Government Distributive Funds due to municipalities. The Legislative Session has now concluded,and none of those funds have been taken from communities,and he especially thanked Representatives Mathias and Sente and Senators Link and Murphy for their actions in protecting those funds. 12519 06/06/2011 VILLAGE MANAGER'S REPORT Robert Giddens provided a presentation regarding the use of paperless agenda technology and the Pilot Paperless Agenda to be implemented for the Board,details of which are contained in Mr.Bragg's memo to the Board of June 3,2011. Staff then answered questions from the Board. There were no objections from the Board to moving forward with this project. Mr.Bragg discussed Item XI.F.on the Consent Agenda,Award of Bid for Electric Supply and Services, updating the Board on the final pricing and noting that,once the item is approved on the Consent Agenda,he will execute the contract on Tuesday,June 7,2011. The Weiland Road neighborhood meeting will be held this Thursday evening,June 9,2011 at 7:00 P.M.in the Council Chambers. QUESTIONS FROM THE AUDIENCE President Braiman asked if there were any questions from the audience on items not on tonight's agenda;there were none. COLORING CONTEST President Braiman announced the winners of the Buckle Up Buffalo Grove!Coloring Contest sponsored by the Buffalo Grove Police Department to promote the correct use of safety belts and child safety seats. TRUSTEE REPORTS Trustee Trilling reported that there will be a Document Destruction Event at the Public Works Building on June 11,2011 from 9:00 to 11:00 A.M. This event is held in conjunction with the Solid Waste Agency of Northern Cook County and is provided to assist residents in secure destruction of confidential documents. Trustee Stein reported that the Buffalo Grove Farmer's Market will again operate on Sunday mornings from 8:00 A.M.until 12:30 P.M.beginning on June 19,2011;further details are available in the Village Board meeting Agenda item Overview prepared by Susan Levy. Trustee Berman urged residents to participate in the American Cancer Society's Relay for Life on Friday,June 17,2011 at Buffalo Grove High School and coordinated by students at Buffalo Grove and Stevenson High Schools. It is a fun event as well as an emotional event that benefits an excellent cause dedicated to eradicating cancer. Trustee Stein announced that there will be a Vernon Township Garage Sale on June 18,2011,with proceeds from the sale of spaces going to the Vernon Township Food Pantry. 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. There were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance#2011-26—Liquor Controls Motion to pass Ordinance#2011-26,amending Chapter 5.20,Liquor Controls,Class A. Resolution#2011-20—SWANCC Motion to pass Resolution#2011-20,appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County. 20 06/06/2011 Resolution#2011-21—FOI Directory Motion to pass Resolution#2011-21,amending Village of Buffalo Grove Freedom of Information Act Directory. Resolution#2011-22—Lake County Local Planning Committee Motion to pass Resolution#2011-22,appointing Buffalo Grove representation to the Lake County Local Planning Committee for the All Natural Hazards Mitigation Plan. Resolution#2011-23—Kildeer Creek Motion to pass Resolution#2011-23,approving an Intergovernmental Agreement with the Lake County Stormwater Management Commission related to Kildeer Creek Streambank Stabilization. Electric Supply&Services Motion to award bid for Electric Supply and Services for Village of Buffalo Grove selected facilities(December 2012-December 2014). Liquid Calcium Chloride Motion to authorize purchase of Liquid Calcium Chloride for 2011-2012 Winter Driving Season. Moved by Trilling,seconded by Sussman,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None �•/ Motion declared carried. ORDINANCE#2011-27—WALGREENS Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Ottenheimer,seconded by Trilling,to pass Ordinance#2011-27,amendment of planned unit development concerning addition of a take care clinic at the Walgreens store, 15 Buffalo Grove Road in the B-5 District. Bernard Citron,attorney representing Walgreens,answered questions from the Board. Mr.Pfeil stated that there will be an exhibit to the ordinance that indicates where curbing will be modified for handicapped access. Mr.Raysa requested that the ordinance be amended as follows: "subject to language by the Village Attorney to modify the entity". Trustees Ottenheimer and Trilling amended the motion as requested. 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. 12521 06/06/2011 Mr.Citron thanked the Board and the staff for their careful consideration in what they believe is a benefit to the community. Daniel Perlin,Walgreens,noted that he is also a resident of Buffalo Grove and urged the Board to contact him with any issues regarding Walgreens. PARADES Trustee Berman stated that he has some reservations with regard to the language in the proposed ordinance. Moved by Berman,seconded by Sussman,to defer this matter for further review with the Village Attorney to be brought back at a later date. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson, Stein,Ottenheimer NAYS: 0—None Motion declared carried. SPECIAL EVENTS Moved by Trilling,seconded by Sussman,to pass Ordinance#2011-28,amending Chapter 5.08 Special Events of the Village of Buffalo Grove Municipal Code. Moved by Berman,seconded by Ottenheimer,to defer this matter for further review with the Village Attorney to be brought back at a later date. Upon roll call,Trustees voted as follows on the motion: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ROTARY VILLAGE GREEN Moved by Terson,seconded by Stein,to pass Ordinance#2011-28,adding Chapter 5.11,Rotary Village Green to the Village of Buffalo Grove Municipal Code. Mrs.Neukirch reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview that she prepared. Trustee Berman stated that he believes that staff and the legal team have done a good job of focusing on issuing a permit on the rare occasion when someone wants exclusive use of the Rotary Village Green. Mrs.Neukirch reviewed the ability to waive fees if applicable. With regard to the amount of time to reject a request for a permit,Mr.Raysa noted that he will further review that wording. Mrs.Neukirch reviewed the procedure for the payment of the insurance fee. President Braiman questioned whether or not it is necessary to define"exclusive use". Mr.Raysa stated that he will modify the language to address the issue of"exclusive use". Trustees Terson and Stein agreed to amending the motion to include Mr.Raysa's language modification. Staff will further review the definition of"exclusive use". 12522 06/06/2011 Moved by Berman,seconded by Trilling,to defer action on this issue until staff modifies the language in the proposed ordinance. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ORDINANCE#2011-28—XTREME TRAMPOLINES Moved by Stein,seconded by Ottenheimer,to pass Ordinance#2011-28,approving a Special Use for a recreation use in the Industrial District,Xtreme Trampolines,900 Busch Parkway. Mr.Bragg reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. 1 Tom Burney,attorney for the petitioner,noted that they are present tonight to request approval of an ordinance to authorize a Special Use for an entertainment use in an industrial district for an indoor trampoline facility, noting that he believes there are conditions that can be imposed in the ordinance to allow the owner to continue with his business plan. Eric Beck,owner of Xtreme Trampolines,reviewed his business and the safety measures that he has in place to make the facility as safe as possible. f s Plan Commissioner Cohn reviewed the deliberations that took place at the Plan Commission,noting that there were a number of concerns raised that he does not believe were adequately answered. The main points discussed were:the frequency of the ambulance calls,the lack of industry designed safety regulations,the supervisors do not seem to have high levels of qualifications,young children will not benefit from a safety video,the foam pit appears to poses a danger,and the liability waiver. Chief Balinski stated that he does not see a reason to oppose this proposal. Chief Vavra stated that he talked with Fire Chiefs in Carol Stream and Libertyville and reviewed those comments. The Chiefs main concern is the manpower and labor intensity required to transport someone from this type of facility because injuries are often neck and back injuries,although nothing is impossible for them to handle. Trustee Sussman noted that the petitioner lives in Washington and is incorporating in Wyoming,which she finds troublesome. Mr.Burney noted that this is not uncommon and done by many businesses, Trustee Sussman stated that she visited the facility in Carol Stream,and she found that the biggest problem is supervision;she found that the supervisors were not enforcing Mr.Beck's rules;she felt that one safety video for all ages is inadequate;she believes there could be serious injuries in the foam pit;she believes there are too many age groups together;she believes there should be a private ambulance service to handle calls;she is concerned about sanitary conditions;she is concerned with parking. Trustee Sussman stated that her main concern is that the safety rules that are in place are followed. Mr.Beck stated that they work very closely with their staff in order to see that the rules are enforced. Trustee Ottenheimer stated that he does not think that this is more dangerous than other activities,however,no matter how stringent the rules are,they are of no use unless they are enforced. It appears that the petitioner is trying to do a good job of policing the rules,but based upon comments,it appears that the monitoring and supervision are a little lax. Trustee Ottenheimer is not against the concept,but the Board must consider the safety and welfare of the citizens. 12523 06/06/2011 In answer to a question from Mr.Burney,Trustee Ottenheimer stated that he does not believe that this facility is being held to standards higher than other recreational activities. Trustee Terson stated that he does not believe it is the petitioner's responsibility to make adjustments to conditions that do not exist since there are no regulations or laws with regard to trampolines. The skate park is not supervised,and it is a very dangerous activity. Trustee Terson has not heard anything that indicates that this would be detrimental to or endanger the public health,safety,morals,comfort or general welfare,which is part of the criteria for special use;he has not received one communication from a resident concerning Xtreme Trampoline,and he does not believe the Board should deny a Special Use to Xtreme Trampoline. Trustee Terson believes it is the responsibility of a parent to determine the activities in which their children participate. Trustee Stein stated that he visited the Carol Stream facility,and he believes the supervision level is much less at this facility than at other children's entertainment facilities. Gymnastics facilities have monitors that are specifically trained in gymnastics,and the monitoring ratio is much smaller at those facilities. Trustee Stein's observations at Carol Stream were that the safety video lays out some very good rules,but they must be followed to be effective;he questioned the cleanliness of the facility and believes the cleaning service should be more than once per week. The safety video shows that no jewelry would be allowed in the facility,but he observed that no one removed their jewelry and an employee told him that rule cannot be enforced. Trustee Stein expressed concern with removing affected foam if someone sustains an injury and bleeds in the foam pit. Mr.Beck stated that,when someone is jumping wildly,the monitors first have to observe the behavior,and then use the whistle to stop that activity. Trustee Stein believes that this is a nice proposal,and that the intentions are good,but what speaks the loudest to him are the two sentences in the release,i.e. "I fully acknowledge and understand that the employees of the released persons may be negligent and reckless in supervising and maintaining equipment in facilities owned and operated by the released persons. I fully understand and accept the risk associated with employees' negligence and recklessness that may or may not occur in the monitoring,supervising and maintenance of equipment in facilities owned and operated by the released persons." This is why Trustee Stein is uncomfortable with this as a Special Use. Trustee Ottenheimer is not overly concerned with the language in the release. If the patron chooses to assume the risk,there are sometimes consequences. Trustee Ottenheimer is not bothered by the release;he is bothered by the lack of enforcement. Greg Didech, 100 Lake Boulevard,owner of Buffalo Grove Gymnastics,stated that they are an instructional gymnastics gym. The proposed business is not a competitor of his,and 65%of his business is children under the age of six. Mr.Didech believes this business is wrong because of safety issues,and he believes that industry insurance rates will rise. Buffalo Grove Gymnastics has a cleaning service come in and clean all surfaces every day,and they have ambulance calls once or twice per year. Mark Sohn,Inverness,stated that he is an insurance agent and a former gymnast. Mr. Sohn stated this cannot be regulated by the Consumer Products Safety Division because it is not mechanical;he believes that the insurance market will dry up for these facilities and they will go out of business on their own;he is concerned about the injuries that will occur between now and then. Trustee Terson stated that the Consumer Products Safety Division has banned lawn darts,and they are not mechanical. Mr. Sohn thanked him for that information and noted that he will do further research. Dave LeCavalier,managing member for the ownership of the building,stated that he also went to the Carol Stream facility,and he found Mr.Beck to be an outstanding individual who has previously run successful businesses;he checked with his insurance and mortgage providers and neither had a problem with the use;he believes parents have the right to decide what their children participate in,and he believes this is a benefit to keep children occupied and engaged in physical activity. 12524 06/06/2011 Donald McPherson,USA Gymnastics, 1516 Brook Drive,Downers Grove,stated that he has been open for 33 years and has had one ambulance call. Mr.McPherson stated that he is an expert,and he previously brought a position statement from USA Gymnastics;he noted that the insurance cap of$10M is not enough to cover catastrophic injuries;he believes trampoline facilities are unsafe. A resident of Barrington stated that he has four children,and they enjoy going to Xtreme Trampoline every chance they get. Every parent puts the safety of children first,but every activity carries some safety risk. This seems to be a healthy activity for children and he would like to be able to take his children to a facility in Buffalo Grove rather than having to drive to Carol Stream. Adam Didech,590 Kildeer Court,Long Grove,states that he has been an instructor and supervisor at Buffalo Grove Gymnastics for six years,and he has never had an ambulance call because he watches only ten children at the most and supervises closely;he also makes sure that every piece of jewelry is removed before a child may engage in any activity. Trustee Stein stated that he has issue with someone else injuring his child even when his child is following all of the rules. • Trustee Terson stated a concern in that a recreational activity is being compared to artistic or competitive gymnastics. Trustee Berman stated that the Plan Commission recommendation was that this proposal not be approved;he reviewed the Plan Commission record,the information in Board packets,and has listened to all of the comments made tonight. The proposed use is a lawful one. The issue before the Board is the interpretation and the application of one Special Use criteria that requires that the operation of the use not endanger the public health,safety and welfare. Trustee Berman agrees with Trustee Terson that we should strive to avoid legislating parenting,however,it is properly within the role of local government officials to impose their judgment and supercede the citizen's right to evaluate and choose the activities in which they participate. There is an undeniable risk of injury to users of trampolines. Buffalo Grove does allow activities for recreation that come with risk of injury. All sports come with risk of serious injuries. Trustee Berman does not believe that the concept of a lawful activity would be a greater danger to the public than any other sports activities.The Plan Commission's negative recommendation is their finding that the structure of this particular operation,its personnel,and its safety protocols in place at its other facility create a heightened level of risk that is not otherwise inherent in the general use. Trustee Berman believes that the evidence supports the Plan Commission findings that the petitioner has not met its burden to demonstrate that the operation of the proposed use not endanger the public health,safety and welfare. Trustee Berman cannot support the proposed ordinance in its current form,however,he is open to re-visiting the question if the petitioner and staff can work out the details of an ordinance that specifies reasonable operation requirements to safeguard patrons provided that staff concludes that whatever stated conditions are included in the proposal can be effectively and meaningfully enforced by the Village. Trustee Ottenheimer stated that he is not in a position to make a decision tonight,and he would be in favor of deferring until staff and the petitioner can come to a conclusion to present to the Board;he believes the Village owes it to the petitioner to explore all options to allow this proposal to move forward. 1 Trustee Sussman stated that she believes that Trustee Berman stated it perfectly,as she could not vote for it as is,but she would be willing to look at it again. Moved by Ottenheimer,seconded by Berman,to defer this matter to allow staff and the petitioner to try to come to some agreement on various conditions which will improve the safety of the activity. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12525 06/06/2011 President Braiman stated that staff will work with the petitioner to get this on the agenda as soon as possible. CHASE BANK—THE PLAZA Mr.Bragg reviewed the proposal,details of which are contained in the Village Board Meeting Agenda item Overview prepared by Mrs.Neukirch. Tom Lowe,First Equity Group,summarized the request of the petitioner. Trustee Berman stated that he understands why this benefits the owner of the center,and understands why it benefits Chase,but he questions the benefit to the Village to approve another banking institution. Mr.Lowe responded that this is not technically a new bank,but an expansion of an existing bank that is limited in services yet conducts more transactions that an average free standing facility,in addition to the fact that Chase does not have a free standing facility in the Village of Buffalo Grove. Cheryl Levin reviewed the process undertaken by Chase in looking for new facilities. The current Chase facility cannot do personal banking because there is no privacy in Dominick's,and Chase has been trying to come into Buffalo Grove to better service their customers. Chase believes in building their prototype versus taking over an existing facility. Mrs.Neukirch stated that there are currently 22 operational banks in the Village. Mrs.Neukirch stated that there is not a petition currently on file. Moved by Sussman,seconded by Stein,to support the proposed plan for the new Chase Bank and related improvements to the shopping center with a request for a referral to the Plan Commission. Adam Moodhe,Mary Lu Lane,asked about the light on Buffalo Grove Road. President Braiman stated that the light is the responsibility of Dominick's. David Shaw,attorney representing the petitioner,stated that they are proposing to take Dominick's out of the picture with regard to the traffic light,and guaranteed that this light will get installed. Mr. Shaw stated that Chase believes that the growth of banking lies in large part with retail consumer banking. Chase would also be receptive to paying some type of fee in lieu of sales tax. With respect to a benefit to the community, revitalizing the shopping center would be a benefit to the community. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 1 —Berman Motion declared carried. PROPANE SALE&STORAGE Mr.Pfeil reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Moved by Ottenheimer,seconded by Sussman,to refer the discussion of Zoning Ordinance amendments concerning propane sale and storage at retail stores. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. 12526 06/06/2011 EXECUTIVE SESSION Moved by Sussman,seconded by Ottenheimer,to move to Executive Session for the purpose of discussing Collective Bargaining,Section 2(c)(2)of the Illinois Open Meetings Act. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. The Board moved to Executive Session from 10:34 P.M.until 11:00 P.M. ADJOURNMENT Moved by Sussman,seconded by Ottenheimer,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 11:01 P.M. Janet an,Village Clerk APPROVED BY ME THIS 20th DAY OF June ,2011 14) v �� Vi .ge President t� 3