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2011-07-25 - Village Board Regular Meeting - Minutes 12543 07/25/2011 MINUTES OF THE RESCHEDULED 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,JULY 25,2011 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;Robert Giddens,IT Director;Brian Sheehan,Deputy Building Commissioner-Operations;Robert Pfeil,Village Planner;and Deputy Fire Chief Ciecko. APPROVAL OF MINUTES Moved by Ottenheimer,seconded by Sussman,to approve the minutes of the July 11,2011 Rescheduled Regular Meeting.Upon roll,Trustees voted as follows: AYES: 6—Berman,Trilling, Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. WARRANT#1170 Mr.Anderson read Warrant#1170. Moved by Berman,seconded by Terson,to approve Warrant#1170 in the amount of$3,888,134.11,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 appointed Larry Meyer to the Bicycle Committee. Moved by Berman,seconded by Trilling,to concur with President Braiman's appointment.Upon voice vote,the motion was unanimously declared carried. President Braiman appointed Denice Bocek as Vice Chair,and Zill Khan as Secretary of the Plan Commission. Moved by Ottenheimer,seconded by Stein,to concur with President Braiman's appointments. Upon voice vote,the motion was unanimously declared carried. President Braiman asked Mrs.Neukirch to present an overview of the 10th Annual Buffalo Grove Invitational Fine Art Festival. Details of this overview are contained in the Village Board Meeting Agenda Item Overview. President Braiman thanked the Arts Commission and all of the volunteers who did such a tremendous job in representing our community. President Braiman noted that there are currently volunteer opportunities to serve on the Plan Commission and the Electrical Commission,and he urged residents to submit an application to our Talent Bank. 12544 07/25/2011 President Braiman asked Mr.Bragg to comment on the July 11th Storm. Mr.Bragg summarized the events of that day and subsequent power outages and recent storms. Representatives from Comcast,ComEd and AT&T will attend the August 8,2011 Village Board meeting to respond to concerns of residents and the Village. Staff then answered questions from the Board,primarily with regard to the communication between the Village and the utilities. Village staff was commended for their outstanding response. President Braiman summarized the status of the Land&Lakes/IEPA inquiry. The 108 page report will be placed on the Village website. President Braiman wished Trustee Sussman and Clerk Sirabian a Happy Birthday,and presented them with a birthday cake,which they were not allowed to eat until the meeting was over. VILLAGE MANAGER'S REPORT Mr.Bragg noted the submittal and posting to the website and the e-library of the Monthly Management Report for June 2011;there were no questions on the report. Mr.Anderson presented the FY 2011 Budget—Six Month Status Update,details of which are contained in his memo to Mr.Bragg of July 21,2011. Mr.Bragg commented on the proposed videographer contract with Magic Dreams to cover the Village Board meetings. QUESTIONS FROM THE AUDIENCE President Braiman asked if there were any questions from the audience on items not on tonight's agenda. A resident at 197 Willow Parkway,questioned the status of the proposed hotel adjacent to the Arboretum Golf Club. President Braiman stated that the developer had only appeared before the Board for a pre-application conference �•/ with a concept plan,and there has been no further word from the developer. TRUSTEE REPORTS Trustee Stein reported that our Health Department did inspect all of the food service establishments that were affected by recent power outages to ensure that all food was being handled properly. Trustee Stein reported on the Farmer's Market that is held each Sunday morning from 7:30 A.M.until 12:30 P.M. in the Spray&Play parking lot on Route 83. Trustee Terson reported that National Night Out will be held on Tuesday,August 2,2011 from 5:00 P.M.until 8:30 P.M.at Willow Stream Park and he urged all residents to attend and participate in this activity. Trustee Trilling reported that the Artists'League will be presenting the first All Members' Show on August 2,2011 from 7:00 P.M.until 8:30 P.M.at the Indian Trails Public Library. Trustee Berman reported on the recent meeting of the Metra Citizen's Advisory Board,noting that Metra is going to post a questionnaire on their website with regard to their budget,and he urged all resident to weigh in on this topic. 12545 07/25/2011 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. Street Licht Maintenance Contract Motion to authorize execution of the Third Year Option of a 3-year Street Light Maintenance Contract. Magic Dreams Video Productions Motion to waive bids and enter into an agreement with Magic Dreams Video Productions. Moved by Stein,seconded by Ottenheimer,to approve the Consent Agenda. 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. LICENSES AND PERMITS Moved by Terson,seconded by Stein,to pass Ordinance#2011-37,amending Chapter 1.12,Suspension and Revocation of Licenses and Permits,of the Buffalo Grove Municipal Code. Trustee Berman asked if it would be prudent to address this item after the next item on the agenda is addressed. Mr.Bragg stated that he believes it would generally make sense for the Village to have the ability to suspend or revoke a business license for violations of zoning regulations,and specifically Special Use permits. Trustee Sussman stated that she believes it is a good ordinance to have on the books for any business. In answer to a question from Trustee Trilling,Mr.Bragg stated that if there were a business where there was a violation of zoning or other applicable laws,the Village would have the ability to suspend or revoke a license if they chose to do so. In answer to a question from Trustee Ottenheimer,Mr.Raysa stated that there is no retroactivity. Trustee Stein stated that he believes it is important to have the proposed ordinance on the books in the event that it is needed. Trustee Berman stated that,according to the proposed ordinance,the Village could revoke a business license if someone owes as little as$5,and he finds that troubling;he believes there needs to be some type of threshold written into the document. After further discussion,it was moved by Berman and seconded by Ottenheimer to defer action on this item until further information is received from staff. Upon roll call,Trustees voted as follows: AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. .. _ 12546 07/25/2011 ORDINANCE #2011-37—XTREME TRAMPOLINES Moved by Terson,seconded by Trilling,to approve a Special Use for a recreation facility 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. Trustees Terson and Trilling amended the motion to include the draft of the ordinance dated July 20,2011,which included Exhibits A,B,C,and D as modified. Lengthy discussion took place with the amount of insurance that the Village is requiring the petitioner to carry, primarily whether or not the Village should get involved in the petitioner's business decisions. Mr.Beck stated that he does not have any problem with the insurance requirement;he did not recall the amount of insurance that will be required by the landlord when the lease is signed. Trustee Stein noted that he believes the provision to disinfect the mats belongs in the safety plan;he would like to see the word"serious"removed from Section 2.,H.,(iv);he is concerned with three lanes going at one point with only one monitor in the foam pit;he would like to see provision that requires the operator to call 9-1-1 rather than a private ambulance when there is an injury;he would like to see the area for smaller children separated from the older children. Trustee Trilling stated that he believes it is important for the Village to determine how important it is to have a business like this in the Village,and also how taxing it will be to our own Fire Department and our own Village services by having this particular business in the Village. Trustee Terson again noted that he believes that the Village is getting too much into the running of this business;he believes this is a legal activity and a common activity,and he believes it should be the decision of a parent to decide what is right for their child. President Braiman has a concern about Village staff being burdened with monitoring compliance. Trustee Berman stated that he is open to considering this proposal if the detailed ordinance can specify reasonable operation requirements that staff believes can be enforced in a meaningful way. Mr.Bragg noted that staff has spent a considerable amount of time discussing this,and staff does believe that this can be managed. Trustee Sussman believes that parents must be required to stay with small children;she is concerned that the residents of Buffalo Grove might not have access to the paramedics to serve them in an emergency;she believes that there should be separate safety videos for different age groups;she is concerned about the rules being followed;she believes the Board has an obligation to its residents to ensure the safety of its businesses. In answer to a question from Trustee Trilling,Deputy Chief Ciecko stated that there have not been a high volume of calls from either the racing facility or the skate park;the Fire Department would recommend a fire pre-plan,as well as an EMS plan;the Fire Department would request that all calls must go to 9-1-1 so they can be tracked. Trustee Stein confirmed that the statistics from Carol Stream show less than one emergency call per week. Mr.Beck stated that the reason they do not use 9-1-1 is because they want to reserve that for real emergencies, rather than just a sprained ankle. 12547 07/25/2011 Trustee Ottenheimer stated that"serious"is very subjective,and is a judgment call; he does not believe that leaving the word"serious"in will make any difference. There was discussion as to whether or not it should be a requirement to call 9-1-1. Mr.Bragg suggested that it might be beneficial to put a type of addendum to the ordinance that all calls should be cycled through 9-1-1 unless otherwise approved by the Fire Chief. Trustee Berman stated that he believes that is a perfect item for the management and safety plan,and dealt with on an administrative level. The counsel for Mr.Beck noted that there is a memo from Chief Vavra dated July 6,2011 indicating that the emergency incidences would be able to be addressed by the Buffalo Grove Fire Department and would not tax the service in an unreasonable way and would be able to be handled by existing staff. Also,not all rules can be enforced at all times,but Mr.Beck has an extremely vested interest in making this operation a going concern. Mr.Beck stated that Carol Stream does not have a requirement to call 9-1-1;the average age of patrons is 16 years old and the average injury age is 16 also;if necessary,he will move the disinfecting of the trampolines from the closing checklist to the safety and management plan. Trustee Berman stated that,as to the nature of the use,there are a lot of activities in the Village that have an element of risk to them,and parents have the opportunity to deem whether or not they believe the activity is appropriate for their children,and he is hesitant to exercise that judgment as a Village Board,even though he does believe there are legitimate concerns;he believes that staff has crafted an ordinance that will work and strike an appropriate balance between the interest of promoting business and insuring the safety of our residents. Trustee Ottenheimer echoed Trustee Berman's comments,and also complimented staff on the hard work and research they have done to come up with a comprehensive set of rules and regulations to help insure the health and safety of our residents;he also thanked the public for their input to this proposal;and he thanked the petitioner for accepting a number of the changes requested. President Braiman also agreed with Trustee Berman's comments,and noted that the Board must look at the use and not the user;this use is not unlike other uses currently in the Village. Upon roll call,Trustees voted as follows: AYES: 4—Berman,Trilling,Terson,Ottenheimer NAYS: 2—Sussman,Stein Motion declared carried. FINANCIAL SYSTEMS SOFTWARE Moved by Berman,seconded by Trilling,to authorize staff to solicit proposals and waive bids for Financial Systems Software in accordance with the memorandum and draft proposal contained in Board packets. Mr.Anderson presented a status report on our current fmancial software,details of which are contained in the Village Board Meeting Agenda Item Overview;he also reviewed how the requirements for the software were developed. 12548 07/25/2011 Trustee Berman clarified that this proposal is at the specific recommendation of our auditors. Upon roll call,Trustees voted as follows: Li AYES: 6—Berman,Trilling,Sussman,Terson,Stein,Ottenheimer NAYS: 0—None Motion declared carried. ADJOURNMENT Moved by Berman,seconded by Sussman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:36 P.M. Janet IVITtirabian,Village Clerk APPROVED BY ME THIS 8th DAY OF August ,2011 litkak 'ri it, illage President L t i v