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2004-06-21 - Village Board Regular Meeting - Minutes 11511 6/21/04 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 21,2004 CALL TO ORDER President Hartstein called the meeting to order at 7:34 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,Kahn and Trilling. Trustee Johnson arrived at 8:35 P.M. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Philip Versten,Communications Manager;Robert Pfeil, Village Planner;Greg Summers,Assistant Village Planner;Richard Kuenkler,Village Engineer;Carmen Molinaro, Director of Golf Operations;Police Chief Balinski;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Kahn,to approve the minutes of the June 7,2004 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Johnson Motion declared carried. WARRANT#1007 Mr.Tenerelli read Warrant#1007. Moved by Trilling,seconded by Glover,to approve Warrant#1007 in the amount of$3,081,638.06 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Johnson Motion declared carried. BLUE STAR MEMORIAL President Hartstein thanked the Buffalo Grove Garden Club for the Blue Star Memorial in Veteran's Park to honor members of the Armed Forces who have served and who continue to serve. The dedication was an outstanding event and this is a tremendous asset to our community. Trustee Glover also attended the ceremony and thanked Ron Wolf of Unique Video Productions who donated his time to tape the event to be shown on Channel 6. There was a Color Guard from Great Lakes Naval Station as well, and it was a wonderful afternoon. Trustee Glover urged residents to visit the Blue Star Memorial. CITIZEN'S FIRE ACADEMY President Hartstein introduced Deputy Chief Pearson to recognize the graduates of the most recent Citizen's Fire Academy. Deputy Chief Pearson presented a brief summary of the Academy activities and goals,after which he introduced this session's graduates. The graduates were awarded their certificates by Deputy Chief Pearson,Public Information Officer Skip Hart and President Hartstein and were congratulated by the audience and the Board. The graduates then presented a plaque of appreciation to the Department for the opportunity to participate in this program. 11512 6/21/04 RELAY FOR LIFE Trustee Berman reported on this year's Relay for Life held at Stevenson High School last weekend. This particular event is unique in that it is planned almost exclusively by the students at Buffalo Grove and Stevenson High Schools. The hard work and effort devoted to fight this disease truly reflects the character and compassion of these students. This year's event raised more than$159,000,far in excess of the goal of$132,000,and Trustee Berman thanked and commended everyone who participated in the event. BUFFALO GROVE ARTS FESTIVAL Trustee Berman reviewed the plans under way for the 3rd Annual Buffalo Grove Fine Arts Festival to be held at the Town Center on July 17-18,2004,and urged residents to make plans to attend. There will be a special issue of People,Places and Issues devoted to the Arts Festival. WATER QUALITY Trustee Braiman reported that the Village of Buffalo Grove has complied with the requirement of a Stormwater Management Program designed to reduce the discharge of pollutants from our municipal storm sewer system in accordance with the Environmental Protection Agency and the Clean Water Act. The Public Works Department will be holding a public information meeting on July 14,2004 at Village Hall. The public is invited to attend in order to learn where to properly dispose of oil,tires,paint,white goods and other items. NORTHWEST MUNICIPAL CONFERENCE Trustee Braiman presented a brief summary of the Northwest Municipal Conference and its function,and reported that President Hartstein has been elected President of the Conference for the upcoming year and wished him the best of luck in this capacity. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of May,2004;there were no questions regarding the report. MEETING SCHEDULE Mr.Balling noted that the meeting schedule for the month of July will be changed,and the meetings will be held on July 12 and 26,2004,due to the July 4th holiday being on the first Monday. PUBLIC HEARING—INSIGNIA HOMES President Hartstein called the Public Hearing,continued from May 17,2004,to order at 7:58 P.M. This Public Hearing is for Insignia Homes,consideration of an Annexation Agreement for the property on the east side of Prairie Road across from Chestnut Terrace concerning development of 40 townhomes with R-8 P.U.D.zoning Lawrence Freedman,attorney for the petitioner,reviewed the plan being presented tonight,which they believe addresses the concerns of the Board raised at the last meeting,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustee Berman stated that he believes that this plan is a substantial step in the right direction toward working with the community and the Board;he does believe that it requires a Public Hearing to allow the public to have a full opportunity to review and comment on the proposal before the Plan Commission;he does believe that the concept change is a positive one. Mr. Freedman requested working with staff so that they could go directly to a Public Hearing because they do have a time constraint. Trustee Kahn agrees with Trustee Berman with regard to a Public Hearing,and although he does wish to help expedite the process,he does want to be sure that there is full input from the public and the school districts;he does appreciate the fact that the developer listened to the Board and came back with a much improved product. 11513 6/21/04 Trustee Braiman agrees with Trustee Kahn with regard to the developer incorporating the requests made by the Board;he also agrees that this needs to go back to the Plan Commission,and he asked staff to schedule a Public Hearing as soon as possible. Trustee Trilling definitely wants to see the plan connected to the adjoining neighborhood to the south. Trustee Glover likes the product and also would like to see staff expedite going to a Plan Commission Public Hearing;she does like the product mix. Moved by Braiman,seconded by Kahn,to continue this Public Hearing until July 26,2004,and refer the matter to �-/ the Plan Commission for Public Hearing. Upon voice vote,the motion was unanimously declared carried. At 8:14 P.M.,President Hartstein continued the Public Hearing until July 26,2004. PUBLIC HEARING—BUFFALO GROVE BANK&TRUST President Hartstein called the Public Hearing,continued from June 7,2004,for Buffalo Grove Bank&Trust to order at 8:14 P.M. Amy Kurson,Greenberg Traurig,LLP,representing the petitioner,introduced the team associated with the development,and stated that they would be happy to answer any questions the Board might have. Trustee Berman referred to page 14 of the agreement,and asked why it states that the temporary facility will be torn down by January 1,2006. Ms.Kurson stated that the temporary facility will be removed as soon as the permanent facility is completed,and the January 1,2006 date is merely to allow for unforeseen circumstances. At 8:16 P.M.,President Hartstein continued the Public Hearing until the ordinances are voted upon later on in this meeting. PUBLIC HEARING—ZONING TEXT AMENDMENT President Hartstein opened the Public Hearing on a Zoning Text Amendment,Village of Buffalo Grove Zoning Ordinance regarding Adult Entertainment Establishments,at 8:16 P.M. Notice of Public Hearing was published in the Daily Herald on June 5,2004. Mr.Brimm noted that three ordinances are being submitted that deal with the regulation of adult uses in the Village and are intended to establish a comprehensive approach toward the regulation of adult-oriented entertainment establishments. The approach is pro-active and defensive in that there are no uses proposed nor have there been in the past. The courts give authority to local governments to entertain these kinds of ordinances and regulations absent of any use that has either been proposed or in the process of being proposed. Further,local governments, under court decisions and direction,have a right and duty under their police powers to regulate adult uses in ways that are content neutral as long as the regulations address a substantial public interest. The amendment to the Zoning Ordinance will provide a definition for adult entertainment establishments,establish within the I District limited commercial uses within that District,and also proposes a district within the I District where such uses would be permitted within the Village as directed by case law throughout the United States. Additional information was submitted for the record has been prepared by the National Law Center for Children and Families that is based on past experiences and research in other localities in the nation and has withstood the test of court challenge. Dan Blondin,Raysa&Zimmerman,made a presentation,noting that it is critical that a public record be established, as the City of Rockford Adult Licensing Ordinance was invalidated in part because they had failed to make any kind of a legislative record before they adopted the ordinance as to why they were doing it. Obscene material as defined by the United States Supreme Court is not protected by the First Amendment,nor is non-expressive conduct,such as massage establishments. Adult uses are those types of non-obscene materials,which may be considered to be indecent or otherwise injurious to the public health,safety and welfare and can be regulated to avoid those injurious effects,also referred to as secondary effects. Basically the courts and the municipalities regulate them with zoning restrictions,licensing,and prohibiting liquor establishments from having adult uses located in or near them. 11514 6/21/04 The process that was used in this case was that staff initiated the proposal to look at adult uses,therefore this is a pre-emptive measure to provide for a scheme of regulations and location restrictions in the event such uses choose to locate within the community. Staff met with legal representatives to discuss the various options and to refine the manner in which the ordinances could be developed to: A. Meet the needs of the Village of Buffalo Grove, B. Still provide a reasonable alternative for these establishments that may desire to locate within our community. Mr.Blondin identified a number of cases incorporating many of the parameters in which this community must act in a responsible and constitutional manner to deal with these types of activities. The following are United States Supreme Court cases,which generally provide for the framework in which these ordinances have been developed: • Young v.American Mini Theatres,Inc.,427 U.S.50(1976) • City of Renton v.Playtime Theatres,Inc.475 U.S.41 (1986) • FW/PBS,Inc.v.City of Dallas,493 U.S.215 (1990) • City of Erie v.Pap's A.M., 529 U.S.277(2000) The Village is focusing not as much on regulating the content of the speech,although that is an incidental aspect of these regulations,but rather regulating the secondary effects of those types of activities. A summary of 36 studies (National Law Center for children&Families) will be made part of this record that set forth the reasons why these types of uses have a particularly injurious effect upon properties and developments within the immediate vicinity in which they are located and justify some protection by the public. Mr.Blondin summarized findings set forth in the New Hanover,North Carolina study which accurately reflects the reasons why municipalities do this,since municipalities across the county have documented the adverse effect of these establishments;they have documented the link between these establishments and urban blight. The studies have linked the concentration of adult businesses to increase in crime,specifically prostitution,drugs,assaults and other sex crimes. The community reputation and general quality of life are also negatively affected. Mr.Blondin touched upon four aspects of the aforementioned 36 studies: Crime: The American Center for Law&Justice Report,which is a compilation of a number of reports that went in and looked at all existing reports that were available at the time that it was developed,found that,in the past when these businesses were operated in a legal,far less regulated climate,it was much easier to see the link between these types of uses and crime. The report examined the City of Garden Grove,California,and reviewed its ten-year crime statistics and found significant increases in property and personal crimes that occurred within 1,000 feet of sexually oriented businesses. One report in particular highlighted Times Square in New York,which had its fair share of adult uses. The City of New York went in and looked at that area in an effort to come up with reasonable regulations and also to identify the activities within the area that were generating the level of crime. There were 118 complaints made to police on 8th Avenue between 45th and 48th,compared to 50 in control blocks in the immediate vicinity around there. The results in all studies are uniformly the same,which is that there is a significant correlation between the location of these establishments and the rate of crime and violent crime within the immediate vicinity. Clientele: License plates were studied,and the substantial amount of clientele and primary customers were not from the immediate area of the adult use,but were from outside of the neighborhood. This is a use that traditionally attracts transient,male,young clientele. Value: There is a significant correlation between the location of these facilities and their impact upon the property values within the immediate surrounding area. The Garden Grove,California report found that overwhelmingly adult businesses within 200-500 feet of residential and commercial properties depreciated property values significantly,with the greatest impact being on single-family homes. 11515 6/21/04 Health Issues: Traditionally the secondary impacts have focused on an increase in prostitution which,in light of the existing health conditions related to sexually transmitted diseases,has a direct correlation to health statistics. The report prepared by Hamilton County,Tennessee demonstrated that prostitution is extremely dangerous to the public health,primarily due to the spread of STD's,which currently infect 1 in 5 Americans. The report also found a direct connection between the existence of adult uses and addiction to obscenity. The report also highlighted the harm of pornography on children,particularly adolescent males in their teens. The Board is being asked to consider three related ordinances tonight. They are related because each one will cover a portion of a scope of regulations that this community can envision. The courts have set up two separate tests as to types of regulations. One involves zoning regulations and one involves licensing regulations. The City of Renton case primarily sets forth the test by which the community can regulate the secondary impact using zoning. The court will uphold the zoning regulations provided that the Village ordinance does not ban adult uses altogether. It is proposed tonight that an area be set aside not simply for adult uses,but to allow that adult uses could be located there as a matter of right. This area would be located in the industrial area bordered by Aptakisic Creek on the north and east,Corporate Grove Drive and Asbury Drive on the west,and Busch Parkway on the south. The United States Supreme Court has already ruled in the Cook County v.Renaissance Arcade and Bookstore, 122 Ill.,2d 123,522 N.E.2d 73, 118 Ill.Dec 618(1988),that these uses may be limited to industrial areas. An economically best location does not have to be provided. A reasonable area to locate must be provided. The area identified comprises approximately 137.15 acres,which is about 2.34%of the total acreage in the community,but it also represents 26.46%of all industrial property within the community as well as 4.26%of all non-residential property within the community. Because the Village of Buffalo Grove is located within a large urban area that provides plenty of alternative locations within and outside of the community,Mr.Blondin believes that these numbers are justified and will be upheld if challenged. Each case is decided on its merits. The next step is to regulate their operation to be able to make certain that they are operated in a manner that,even though located there,does not cause adverse impact,and this is where licensing regulations become important. The licensing ordinance is the core of the regulation,since it goes into more detail regarding exactly what the regulations are going to be. The licensing ordinance has a number of provisions. There are three types of adult uses. There is an adult cabaret,which is live entertainment. There is an adult store,which is an adult bookstore. There is also adult theater. Each of these could be an adult use if a substantial portion of their business is devoted to what are defined as adult activities. A substantial portion is defined under the license ordinance at 30%. An application must be made to the Adult Use Commissioner,which is the Village Manager or his designee. The application is also circulated to the Police Department,Fire Department,Village Manager,and Building&Zoning Department. The license must be renewed each year,and there is a processing fee of$200. The license application must be acted upon fmally within 30 days or else the license is to be deemed granted. Mr.Blondin asked that all documentation submitted to the Village Board be included within the record of this proceeding. To summarize,the court cases cited by Mr.Blondin are as follows: • Young v.American Mini Theatres,Inc.,427 U.S.50(1975) • City of Renton v.Playtime Theatres,Inc.,475 U.S.41 (1986) • FW/PBS,Inc.v. City of Dallas,493 U.S.215(1990) • City of Erie v.Pap's A.M.,529 U.S.277(2000) `./ • City of Los Angeles v.Alameda Books,Inc., 122 S.Ct. 1728, 152 L.Ed.2d 670(2000) • Cook County v.Renaissance Arcade and Bookstore, 122 I11.2d 123,522 N.E.2d 74, 118 Ill.Dec.618(1988) • Entertainment Concepts,Inc.v.Maciejewski,631 F.2d 497, 504(7th Cir. 1980) • Genusa v.City of Peoria,619 F.2d 1203, 1211 (7th Cir. 1980) • Ben's Bar,Inc.v.Village of Somerset,316 F3d 702(2003) 11516 6/2 1/04 Also,the items listed below were accepted into evidence during the Public Hearing: • Village Board Meeting Agenda Item IX-C cover memo • Notice of Public Hearing • Certification of Publication • Memo from William Brimm to William Balling dated June 15,2004—SUBJECT:Adult Use Regulations • Letter from Daniel Blondin to William Balling dated June 15,2004—SUBJECT: Adult Use Regulations • Village Board Meeting Agenda Item XII-D cover memo • Village Board Meeting Agenda Item XII-E cover memo • Memo from William Brimm to William Balling dated June 9,2004—SUBJECT: Municipal Code Amendment —Adding Chapter 5.70—Adult Use Licenses • Village Board Meeting Agenda Item XII-F cover memo • Memo from William Brimm to William Balling dated June 8,2004—SUBJECT: Amendment to Liquor Control Ordinance—Adult Entertainment Establishments • National Law Center for Children and Families—NLC Summaries of"SOB Land Use"Studies,last revised 2002 • The audio and video tapes of the June 21,2004 Regular Meeting of the President and Board of Trustees of the Village of Buffalo Grove. Trustee Berman commended Mr.Blondin and all those involved for their very thorough efforts in compiling these ordinances. Trustee Berman summarized that there are three ordinances being presented that collectively are intended to establish a regulatory environment that is more restrictive than the regulatory environment that currently exists in the Village. The intent of these three proposals is to maximize the protection for the public from the effects of these types of uses,but remain within the bounds of the authority allowed to us by the First Amendment and the decisional law under the First Amendment. There is an abundance of factual reports and summaries that have been provided that establish that this type of restriction is in the best interest of the health,safety and welfare of the community. Mr.Blondin confirmed Trustee Berman's summarization. Trustee Johnson arrived at this time. President Hartstein asked if there were any comments or questions from any other public bodies or members of the audience;there were none. At 8:40 P.M.,President Hartstein adjourned the Public Hearing until the ordinances are considered later on in the meeting. OUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any questions from the audience A resident at 113 Pauline Avenue expressed concern with traffic,noise and vandalism in front of his house from a neighbor's home. Mrs.Neukirch will meet with him and discuss options to solve this situation. 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 then read a brief synopsis of each of the items on the Consent Agenda. Moved by Kahn,seconded by Trilling to approve the Consent Agenda. ORDINANCE No.2004-53—Prevailing Wages Motion to approve Ordinance No.2004-53,an ordinance concerving prevailing wages. 11517 6/21/04 ORDINANCE No.2004-54—Title 10 Motion to approve Ordinance No.2004-54,an ordinance amending Title 10 of the Village of Buffalo Grove Municipal Code on Taylor Court,Chelsea Street,and Noah's Landing. RESOLUTION No.2004-15—Parking Lot Leases Motion to approve Resolution No.2004-15,authorizing the Village of Buffalo Grove and Commonwealth Edison to amend two parking leases. TURNBERRY SUBDIVISION—Plats of Easement Motion to approve the Turnberry Subdivision Plats of Easement. Upon roll call,Trustees voted to approve the Consent Agenda. ORDINANCE#2004-55—BUFFALO GROVE BANK Moved by Braiman,seconded by Kahn,to pass Ordinance No.2004-55 approving an Annexation Agreement for Buffalo Grove Bank&Trust concerning the property located at the southwest corner of Buffalo Grove Road/Old Checker Road in the B-1 District,in accordance with the ordinance on the dais dated June 17,2004. President Hartstein asked if there were any further comments or discussion relating to the proposed annexation; there were none. President Hartstein closed the Public Hearing at 8:45 P.M. Mr.Raysa confirmed with Ms.Kurson that she had received satisfactory answers to the questions noted in her e- mail today;Ms.Kurson stated that was correct. Trustee Berman stated that he is glad to see this property come into the Village,but he does have reservations based on the fact that the annexation ties into the Annexation Agreement which ties into the site plan approval of the use of the property,and he will decline to support the proposed ordinance. Trustee Braiman stated that he will support the ordinance partially because he believes it is important to get that property into the Village,and also because this is a difficult area to plan and would not lend itself to a larger commercial development. Trustee Johnson stated that he believes this is an appropriate buffer for the adjoining residential area. Upon roll call,Trustees voted as follows: AYES: 5—Braiman,Glover,Johnson,Kahn,Trilling NAYS: 1 —Berman ABSENT: 0—None Motion declared carried. ORDINANCE#2004-56—BUFFALO GROVE BANK Moved by Braiman,seconded by Kahn,to pass Ordinance#2004-56,annexing the Buffalo Grove Bank&Trust property at the southwest corner of Buffalo Grove Road/Old Checker Road,in accordance with the ordinance before the Board dated June 17,2004. Mr.Raysa stated that there will be correction of three typographical errors on the Plat of Annexation. Trustees Braiman and Kahn amended the motion to be subject to correction of the errors on the Plat of Annexation. Trustee Berman stated that he will vote in favor of this ordinance since the majority of the Board has already voted in favor of the Annexation Agreement. 11518 6/21/04 Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-57—BUFFALO GROVE BANK Moved by Braiman,seconded by Kahn,to pass Ordinance#2004-57,zoning the Buffalo Grove Bank&Trust property at the southwest corner of Buffalo Grove Road/Old Check Road in the B-1 District. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. President Hartstein welcomed Buffalo Grove Bank&Trust to the Village. ORDINANCE#2004-58—ADULT ENTERTAINMENT Moved by Braiman,seconded by Berman,to pass Ordinance#2004-58,amending Title 17,Zoning Ordinance,of the Village of Buffalo Grove Municipal Code regarding Adult Entertainment Facilities,in accordance with the Village Board Meeting Agenda Item Overview,as well as all materials presented at the Public Hearing. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-59—ADULT ENTERTAINMENT Moved by Trilling,seconded by Berman,to pass Ordinance#2004-59,adding Chapter 5.70,Adult Use Licenses,to the Village of Buffalo Grove Municipal Code,in accordance with the Village Board Meeting Agenda Item Overview,as well as all materials presented at the Public Hearing. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-60—ADULT ENTERTAINMENT Moved by Trilling,seconded by Berman,to pass Ordinance#2004-60,amending Chapter 5.20,Liquor Controls,of the Village of Buffalo Grove Municipal Code,prohibiting issuance of a liquor license for any Adult Entertainment establishment,in accordance with the Village Board Meeting Agenda Item Overview,as well as all materials presented at the Public Hearing. Trustee Berman commended staff,and particularly Mr.Brimm and Mr.Raysa and the Village Manager's office,for their efforts in putting this ordinance together. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11519 6/21/04 RESOLUTION#2004-16—CONNIE'S Mr.Brimm reviewed and presented a brief history of this proposal;he also highlighted several points on the lease. Mr.Brimm did ask that the resolution be passed subject to the appropriate review of any of the guarantees by Mr. Raysa. Mr.Raysa noted that Exhibit B to the resolution is the guarantee letter,and Exhibit B to the lease is the equipment inventory. Trustee Berman confirmed with Mr.Raysa that he has reviewed the resolution and the lease and the amendments and fmds them to be acceptable and he is confident that the rights of the Village are protected. Trustee Johnson pointed out that the current operator is voluntarily terminating this relationship in order to completely relocate out of the Chicago area,therefore the Village has engaged another operator to operate the facility. Marc Stolfe presented a history of the Connie's operation,and noted that they are the official pizza at Wrigley Field, Comisky Park,Miller Park,the Indianapolis 500 and many other venues,and stated that they are very excited about the prospect of opening in Buffalo Grove. Moved by Trilling,seconded by Johnson,to pass Resolution#2004-16,authorizing the assignment and execution of a lease between the Village of Buffalo Grove and Tap Room Hospitality,LLC d/b/a Connie's Clubhouse and Tavern,subject to the appropriate review by Village staff and the Village Attorney of the guarantee letter identified as Exhibit B. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-61—CONNIE'S Moved by Berman,seconded by Johnson,to pass Ordinance#2004-61,amending Chapter 5.20 Liquor Controls, Class A,Tap Room Hospitality LLC.Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-62—COMCAST COMMUNICATIONS Moved by Glover, seconded by Johnson,to pass Ordinance#2004-62,amending the non-exclusive cable television franchise of Comcast Communications,subject to a letter from Comcast to Phil Versten dated May 19,2004. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2004-63—BANK OF AMERICA Although he does not believe there is a conflict,Mr.Mathias does share office space with Trustee Braiman,and therefore Trustee Braiman is going to recuse himself to be sure that there is no appearance of a conflict. Trustee Berman stated that he has recused himself in the past because he was employed by a law firm that did significant business with Bank of America,however,he is no longer a member of that firm and he will participate in discussion and vote on the proposal. Mr.Raysa and Mr.Mathias both agree that there is no objection to the participation of Trustee Berman. 11520 6/21/04 Sidney Mathias,representing the Bank of America,made a presentation for approval of a Preliminary Plan to allow a banking facility to be built by Bank of America on the southwest corner of Old McHenry and Lake Cook Road. Ray Kennedy,architect,reviewed the site plan and the exterior rendering of the facility;he also reviewed the variances being requested. Mr.Mathias noted that this property is within the Village of Buffalo Grove and this facility will be built under the existing zoning as it is a permitted use under B-2 zoning. Moved by Kahn,seconded by Glover,to pass Ordinance#2004-63,approving a Preliminary Plan in the B-2 District with the variations as noted on the addendum and in the memo dated Monday,June 21,2004. Mr.Mathias questioned Item F.in the ordinance stating that the developer would have to reimburse the Village for attorney's fees for development review and other matters that came before the Board. Since this ordinance was passed subsequent to that,he is asking that those fees be deleted from this ordinance. Pat Holden,Bank of America,explained that all of their banks being built have double-tellers and she explained how this concept works. Mr.Raysa pointed out that the petition filed by Bank of America predated the passage of the cost-recovery ordinance,therefore,the cost-recovery ordinance does not apply to this project. When the Village enacts and grants a variation,it can attach conditions and stipulations to that variation,and this ordinance does grant two variations. It is the Board's prerogative as to how they wish to handle this issue. Trustee Johnson clarified that standard fees as would be incurred by any petitioner might be appropriate under the intent of the current ordinance,however,the matter in dealing with Wheeling might be extraordinary and possibly excepted. Mr.Mathias suggested a compromise be that the Bank of America be responsible for the fees dealing with the four- party agreement and not with the development fees. Trustees Kahn and Glover amended the motion to incorporate Mr.Mathias' suggested compromise. Trustee Berman stated that he does not believe that the Village of Buffalo Grove needs any more banks,however,he does believe that the plan is appropriate for this site and would be compatible with the adjacent property;he does not support the waiver of fees. President Hartstein polled the Board: "YES"indicates favor of including all fees;"NO"indicates favor of the compromise fees as proposed in the motion: YES: Berman,Trilling NO: Glover,Johnson,Kahn RECUSE: Braiman It was suggested by several Trustees that they would like to see more trees out front. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5—Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None RECUSE: 1 —Braiman Motion declared carried. ORDINANCE#2004-64—BANK OF AMERICA Mr.Mathias noted that,since there is no sales tax generated by a bank,in negotiations with Wheeling and Buffalo Grove,the lessor has agreed to pay the Village the sum of$5,000 per year during the term of the lease,and this is reflected in the agreement. 11521 6/21/04 Mr.Mathias stated that a letter from Mr.Balling requesting an additional$3,000 per year was not negotiated,and the Bank of America cannot fulfill this requirement,and he is asking the Board to delete Item 6. Mr.Balling reviewed the reasons that this request for additional dollars was made;he stated that it is not a mandatory contribution. Mr.Mathias stated that the petitioner has no disagreement with Items 1 through 3,but the last item is the issue of signage. The issue is where the best location is for the entrance sign to the Village of Wheeling. After Board discussion,it was moved by Kahn,seconded by Berman,to approve this particular agreement subject to those matters set forth in Mr.Balling's memo,with the exception of the deletion of Item.6,and giving staff and the Village Attorney authority to handle the placement of the Wheeling entry sign Mr.Raysa noted that a colored rendition of the sign is Exhibit D and is a part of the ordinance. Trustees Kahn and Berman agreed to amend the motion making it subject to Mr.Raysa inserting appropriate language to reflect the will of the Village Board. Upon roll call,Trustees voted as follows on the amended motion: AYES: 5—Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None RECUSE: 1 —Braiman Motion declared carried. VIDEO SURVEILLANCE SYSTEM Moved by Johnson,seconded by Glover,to award the bid for the Portable Video Surveillance System to RMS Information Technoloy Integrators in an amount not to exceed$49,073.00. At the request of Trustee Braiman,Chief Balinski reviewed the advantages of this system;the funds are coming from a ILEAS Grant. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. NORTHERN ILLINOIS POLICE CRIME LAB Moved by Johnson,seconded by Kahn,to approve an agreement between the Northern Illinois Police Crime Laboratory and the Village of Buffalo Grove. Mr.Balling reviewed this agreement as detailed in the Village Board Meeting Agenda Item Overview prepared by Mrs.Neukirch. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. 11522 6/21/04 ADJOURNMENT Moved by Johnson,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:22 P.M. M.Sirabian,Village Clerk APPROVED BY ME THIS/4+ DAY OF ,2004 e‘&14 ,/ Village President