2010-03-22 - Village Board Regular Meeting - Minutes 12348
03/22/2010
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,MARCH 22,2010
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 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,Trilling,Stone
and Sussman.
Also present were: Ghida Neukirch,Deputy Village Manager;Jeffrey Stein,Acting Village Attorney;Scott
Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Robert Giddens,IT Director;Robert
Pfeil,Village Planner;Rick Kuenkler,Village Engineer;Carol Berman,Deputy Building Commissioner—
Administration;Brian Sheehan,Deputy Building Commissioner-Operations;Fire Chief Vavra;Police Chief
balinskiCommander Husak;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Berman,seconded by Glover,to approve the minutes of the March 8,2010 Rescheduled Regular
Meeting. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Sussman
NAYS: 1—Stone
Motion declared carried.
WARRANT#1141
Mr.Tenerelli read Warrant#1141. Moved by Glover,seconded by Berman,to approve Warrant#1141 in the
amount of$2,226,116.90,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
RESOLUTION#2010-10—STATE INCOME TAX
President Hartstein reviewed and read the proposed resolution,details of which maybe found
ou d in the Village Board
P Pg
Meeting Agenda Item Overview prepared by Mr.Brimm.
Moved by Braiman,seconded by Trilling,to pass Resolution#2010-10,concerning the Illinois State Income Tax
and the Local Government Distributive Fund. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
�•/ NAYS: 0—None
Motion declared carried.
President Hartstein noted that this is a very significant issue,and urged residents to also take the time to contact our
State legislators.
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VILLAGE PRESIDENT'S REPORT
President Hartstein proclaimed the month of April 2010 as Sexual Assault Awareness Month in the Village of
Buffalo Grove,and urged all citizens to commit to taking action against rape and sexual assault.
President Hartstein made the following appointments to the Buffalo Grove Days Committee:Randi Orlov,Dianne
Bartlett,Cody Bartlett.
Moved by Glover,seconded by Berman,to concur with President Hartstein's appointments. Upon voice vote,the
motion was unanimously declared carried.
President Hartstein reported that Google recently announced plans to test ultra-high speed broadband networks in
trial locations across the country.The network would deliver internet service up to 100 times faster than is currently
available. The Village of Buffalo Grove is applying for this initiative. Preparation of the application to Google's
request requires a commitment by the Village and others,as well as support from the community. Residents and
businesses are being sought to support this application. Those interested may access this link www.google.com to
provide support.
President Hartstein again reported that a report has been received from the EPA regarding the Land&Lakes site,
and they have closed their investigation,fmding that the site is in compliance and no violations were found.
President Hartstein has set up a meeting with Land&Lakes to try to resolve the issue of odors in the area,and he
will report back to the Board after his meeting.
TRUSTEE REPORTS
Trustee Trilling reported on the upcoming concert by the Buffalo Grove Symphonic Band to be held at Stevenson
High School on April 24,2010.
`./ Trustee Sussman reported on the wonderful concert performed by the BG Singers,noting that it was a big success
and enjoyed by all.
The Village Clerk reported that residents should have received the 2010 Census forms in the mail,and urged
everyone to fill them out and return them as soon as possible.
VILLAGE MANAGER'S REPORT
Mrs.Neukirch reviewed the Calendar 2010 Village of Buffalo Grove Management Milestones,details of which
are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Brimm.
Mrs.Neukirch noted the submittal and posting to the website and the e-library of the Monthly Management
Report for February,2010;there were no questions on the report.
PUBLIC HEARING—VS MOTORSPORTS
At 7:55 P.M.,President Hartstein called the Public Hearing for a Special Use for Retail Sales in the Industrial
District,for 1637-39 Barclay Boulevard,VS Motorsports,to order. Notice of Public Hearing was published in the
Daily Herald.
�••/ Mrs.Neukirch reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr. Pfeil.
President Hartstein swore in Kris Von Sydow,2 Big Horn Court,South Barrington,IL to give testimony. Mr.Von
Sydow then presented a brief overview of his business.
President Hartstein asked if there were any questions from other public agencies,the audience or the Village Board;
there were none.
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At 7:57 P.M.,President Hartstein continued the Public Hearing until later on in the meeting when the ordinance is
considered.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience on non-agenda items;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 read a brief
synopsis of each of the items on the Consent Agenda.
Moved by Braiman,seconded by Glover,to approve the Consent Agenda.
RESOLUTION#2010-11—OLD CHECKER ROAD
Motion to pass Resolution#2010-11,approving an Agreement for Construction Engineering Services related to Old
Checker Road(Buffalo Grove Road to Checker Drive)Street Improvement.
RESOLUTION#2010-12—OLD CHECKER ROAD
Motion to,pass;Resolution#2010-12,approving an Intergovernmental Agreement for Federal Participation in the
Construction of Old Checker Road(Buffalo Grove Road to Checker Drive)Street Improvement.
RESOLUTION#2010-13—ZONING MAP
Motion to pass Resolution#2010-13,approving the Annual Revision of the Village Zoning Map. 1
OFFSITE DISASTER RECOVERY
Motion to authorize bid for Offsite Disaster Recovery Solution.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2010-20—VS MOTORSPORTS
Moved by Glover,seconded by Berman,to pass Ordinance#2010-20,approving a Special Use for Retail Sales in
the Industrial District, 1637-39 Barclay Boulevard,VS Motorsports,Inc.
President Hartstein asked if there were any further questions or comments from the audience or the Board;there
were none.
President Hartstein closed the Public Hearing at 8:00 P.M.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
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ORDINANCES#2010-09ߚ-10
Moved by Berman,seconded by Trilling,to reconsider the Village President's veto of Ordinance#2010-09,an
ordinance amending the Comprehensive Zoning Ordinance,Title 17,of the Municipal Code of the Village of
Buffalo Grove,and Ordinance#2010-10,Twentieth Amendment to the Town Center Planned Unit Development
Ordinance,approving an Amendment to the Planned Unit Development and approving an Amendment to the
Special Use for a Family Entertainment Center in the Commercial/Recreational Sub-District of the B-5 Town Center
District.
President Hartstein reviewed the process on this item,noting that a motion to reconsider requires a majority of a
quorum.
Upon roll call,Trustees voted as follows:
AYES: 4—Glover,Berman,Trilling, Stone
NAYS: 2—Braiman,Sussman
Motion declared carried.
Moved by Berman,seconded by Trilling,to approve Ordinance#2010-09,an ordinance amending the
Comprehensive Zoning Ordinance,Title 17,of the Municipal Code of the Village of Buffalo Grove,and Ordinance
#2010-10,Twentieth.Amendment to the Town Center Planned Unit Development Ordinance,approving an
Amendment to the Planned Unit Development and approving an Amendment to the Special Use for a Family
Entertainment Center in the Commercial/Recreational Sub-District of the B-5 Town Center District,notwithstanding
the Village President's veto of those two ordinances.
Mark Stukel,2820 Acacia Terrace,requested that the Board override the veto;he believes eSkape is a fun and a safe
facility,and he believes Mr.Feldgreber has shown that he does run a good business.
A resident of Highland Park stated that she appreciates eSkape;she believes that Buffalo Grove is a great
community;she believes it is great to have a safe place where the kids can go.
Sari Weiss,2960 Kingston,stated that she feels that she needs to leave the Village more often to visit businesses;
our businesses need eSkape here;there needs to be a place for kids to hang out;Mr.Feldgreber does not want gangs
here any more than anyone else does.
Randy Soho and Ellen Delay,residents,commented on the eSkape issue,noting that they recently held a large
benefit at eSkape,and there were no problems and the staff did an excellent job. They believe that teenagers need a
place to go,and they feel extremely strongly that the dance club should move forward;they support eSkape and
hope that the Board will overturn the veto;drugs are available everywhere and they do not believe that this facility
will cause anyone to use drugs;having a dance club will provide fun for kids.
Jeff Burg,resident,reminded everyone that Chief Balinski was asked about this facility,and he said that it is not a
good idea; it will bring in additional gang and drug activity,as well as criminal damage to property. Larry
Lindemann of the Lake County Metropolitan Enforcement Agency also cited examples of increased drug and gang
activity with these types of venues. The problem is not the young people of Buffalo Grove,but the 80%of young
people that will come from other communities,who do not have a vested interest in our community. The dance club
is a terrible idea because it jeopardizes the safety and security of our residents.
Matt Burdeen,a business owner,stated that it is the responsibility of the Board to keep the community safe;it is also
the responsibility of the Board to help businesses thrive. Mr.Feldgreber has a very responsible track record at
eSkape,and there is no one who has more to lose financially or liability-wise,so he must believe that he will be able
to keep it safe. It is the responsibility of parents to keep their children safe,and if they have reservations,they
should not allow their children to attend.
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Rich Joseph,2491 Overview Drive,noted that everyone had the same concerns when eSkape first opened,and it has
been a positive experience for everyone involved. There is little for kids to do here in the Village,and he thinks the
dance club will be a great opportunity for kids to meet other kids from different areas,and a great opportunity for
kids to do something safe on the weekends. In return for everything that eSkape has done for the community,he
believes that it is time for the community to do something for eSkape.
David Loeb,2941 Acacia Terrace,noted that he has known Mr.Feldgreber for a long time,and Mr.Feldgreber has
been successful with eSkape;he believes the Village has beaten this to a pulp;he believes the Village gave Mr.
Feldgreber the right to go ahead,and he believes Mr.Feldgreber should be given a chance and the veto should be
overturned.
Jim Norman,20584 Horatio,fully supports Mr.Feldgreber's endeavor;he is a frequent patron of the facility.
President Hartstein responded to the comments and emphasized that it was a very difficult decision to deny this
request;he reviewed the decision very carefully,but all of the evidence presented to the Board points to the fact that
this is not a good idea.
Board discussion followed,with President Hartstein reading a statement from Trustee Braiman.
Moved by Braiman,seconded by Sussman,to call the question. Upon voice vote,the motion was unanimously
declared carried.
Upon roll call,Trustees voted as follows on the motion to adopt Ordinance#2010-09 and Ordinance#2010-10:
AYES: 4—Glover,Berman,Trilling, Stone
NAYS: 2—Braiman,Sussman
Motion declared carried,and the veto was overridden.
President Hartstein fully supports the vote and he will be happy to be at the grand opening;he hopes the evidence
presented to the Board is wrong and the venture is a success.
2010 VILLAGEWIDE STREET MAINTENANCE
Moved by Glover,seconded by Berman,to award contract for the 2010 Village Wide Contractual Street
Maintenance additional work in an amount not to exceed$70,000,per the memo before the Board dated March 22,
2010.
Mrs.Neukirch reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Kuenkler.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
EXECUTIVE SESSION
Moved by Berman,seconded by Glover,to move to Executive Session for the purpose of discussing Personnel,
Section 2(c)(1)of the Illinois Open Meetings Act,and Collective Bargaining, Section 2(c)(2)of the Illinois Open
Meetings Act. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
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The Board moved to Executive Session from 8:55 P.M.until 10:35 P.M.
ADJOURNMENT
Moved by Glover,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 10:36 P.M.
1% .
t M.Sirabian,Village Clerk
APPROVED BY ME THIS 5th DAY OF APRIL,2010
Village President