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2009-09-08 - Village Board Regular Meeting - Minutes 12219 09/08/2009 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 TUESDAY,SEPTEMBER 8,2009 CALL TO ORDER President Hartstein 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 Hartstein;Trustees Braiman,Glover,Berman,Trilling, Stone and Sussman. Also present were: William Brimm,Village Manager;William Raysa,Village Attorney; Scott Anderson,Director of Finance;Art Malinowski,Human Resource Director;Robert Pfeil,Village Planner;Brian Sheehan,Deputy Building Commissioner-Operations;Carol Berman,Deputy Building Commissioner-Administration; Police Chief Balinski;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES The Village Clerk noted a correction to the minutes in the 8th paragraph on page 12216,the words During the ZBA meeting should be replaced with Mr. Stein confirmed that. Trustee Stone asked that the heading of New Business be included in the minutes as it is listed on the Agenda. Moved by Glover,seconded by Berman,to approve the minutes of the August 17,2009 Regular Meeting as amended.Upon roll,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. WARRANT#1128 Mr.Tenerelli read Warrant#1128. Moved by Trilling,seconded by Braiman,to approve Warrant#1128 in the amount of$2,644,791.67,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. VILLAGE PRESIDENT'S REPORT President Hartstein commented on the amazing Buffalo Grove Days weekend,and he thanked everyone who made it possible—the committee,the entire staff,the civic organizations,the volunteers and most importantly the citizens } of Buffalo Grove for coming together to celebrate a tremendous community event. President Hartstein met a young lady during Bingo on Thursday evening who had an idea that she suggested to him. Consequently,President Hartstein invited Rachel Becker to attend tonight's Board Meeting to share her idea with the entire Board and the entire community. Rachel Becker stated that she believes that kids should write an essay on how much they love Buffalo Grove. The schools should tell the teachers that students should write an essay on how good Buffalo Grove is. President Hartstein thanked Rachel for sharing her idea,and noted that staff will contact Buffalo Grove schools to encourage them to participate in an essay contest. 12220 09/08/2009 President Hartstein noted that he is very proud to announce that Buffalo Grove has received another honor by attaining the Gold Ranking from the Clean Air Counts organization for our work in making sure that our community provides for a better environment in our region, and he congratulated and thanked staff for their hard work in achieving this distinction. President Hartstein noted that the Village of Buffalo Grove is going to partner with Baskin Robbins in coordinating a special fundraiser to benefit the American Diabetes Association. This coming Saturday, September 12,2009, Village officials and department directors will serve ice cream at Baskin Robbins,and 20%of all proceeds will be donated to the American Diabetes Association. President Hartstein thanked owner,Drew Bhatt for his efforts in giving back to the community. President Hartstein referred to the latest Village News that is devoted to National Preparedness Month,and then read a proclamation proclaiming the month of September as National Preparedness Month,noting that the Village of Buffalo Grove will work with a wide variety of organizations,both in the public and private sector to highlight the importance of emergency preparedness,and reminded the residents of Buffalo Grove the importance of taking simple steps to prepare for emergencies. President Hartstein read a proclamation declaring the week of September 21-25,2009 as Live United Week,and called upon the residents and businesses to observe this week with appropriate programs,activities and ceremonies that advance the common good. The United Way of America has announced a national campaign in an effort to get people more engaged in their communities. The Northwest Suburban United Way is sponsoring a food drive in an effort to re-stock local food pantries,with drop locations at several locations throughout the Village,including Village Hall. TRUSTEE REPORTS Trustee Glover presented a recap of Buffalo Grove Days,thanking everyone involved in its success: St. Mary Church,the Park District,the Rotary,Friends of the Parks,the Buffalo Grove Chamber of Commerce,Village staff, the Buffalo Grove Police and Fire Departments,the Public Works Department,the staff liaisons,the EOC and their volunteers,the CERT volunteers,Bill Brimm(who was in attendance all weekend),and the Village Board for their support and attendance,and last,but not least,the entire Buffalo Grove Days Committee for a wonderful festival. The smiles on people's faces are proof that this festival is greatly appreciated by our residents. Trustee Glover congratulated this year's Grand Marshall,Joe Tenerelli,who is stepping down as Parade Chairman after 26 years. On a personal note,Trustee Glover thanked the Village Board for allowing her to serve as liaison to the BG Days Committee. This is a great community event that seems to get better every year,and a huge thanks to everyone who helped make it happen. Trustee Sussman noted that the Buffalo Grove Days Committee does a marvelous job. During Buffalo Grove Days, the Commission for Residents with Disabilities sponsors several events for residents with disabilities. The courtesy shuttle is driven by volunteers all weekend to help people have access to everything available during Buffalo Grove Days. The Buddy Baseball game held at Kendrigan Field,which gives everyone with a disability,child or adult,the opportunity to play baseball,with refreshments after the game provided by Lou Malnati's and Kaleidoscoops. Twin Creeks Parks,where the game is held,won the Governor's Hometown Award for the Buffalo Grove Park District and the Buffalo Grove Recreation Association. Another event sponsored by the Commission is the Fun&Food held on Monday morning for residents with disabilities,where they are invited to ride the carnival rides free of charge, compliments of North American Midway Entertainment. Boy Scout Troop 401 from Kingswood United Methodist Church offered their services to ensure that anyone who wants to go on a ride is able to do so. A special lunch was provided,as well as entertainment,thanks to the donation of goods and services of many volunteers and merchants. There were over 500 people who attended this event,and Trustee Sussman thanked the Commission for their hard work and dedication in making so many people happy. President Hartstein noted that Buffalo Grove is known throughout the region for these events that are so special to help our residents with disabilities. The Park District also deserves special accolades for the Governor's Home Town Award for Kendrigan Field,as there is no other field in the state that provides anything like that safe environment for kids with special needs to play baseball. Thanks to everyone for their efforts in planning these events. 12221 09/08/2009 President Hartstein congratulated Indian Trails Library for the tremendous multi-cultural event held last weekend celebrating all the different cultures in the region. President Hartstein congratulated Vernon Area Library District on their 35th anniversary,which they celebrated with an open house including many activities in which residents could take part. Paulette Greenberg and J.V. Springman,co-chairs of Buffalo Grove Days,commented on the festival. Ms Greenberg stated that the co-chair of another local festival asked for tips for their own festival. They were very impressed with the food tent,and were quite surprised that this event is created by a committee of only 52 volunteers,as opposed to their own 500 volunteers. Mrs.Greenberg also commented on the Bar-B-Que Challenge, noting that the proceeds to the local food pantries. The kids craft tent was a huge success. The carnival proceeds were a record high. Mr. Springman stated that most of his comments have already been made,but he thanked the Village Board for their support of everything relating to Buffalo Grove Days. The festival couldn't take place without the tremendous support from the Police,Fire and Public Works Departments,Bill Brimm and Scott Anderson for their efforts throughout the entire weekend. Mr. Springman also urged everyone to witness a Buddy Baseball game,as it is an experience that is so special for both he player and the buddy. There was also a blood drive over the weekend that netted over 100 units donated. Mr. Springman thanked Paulette and the entire committee for the tremendous amount of work put into this event,as well as the Board and the staff. Moved by Braiman,seconded by Berman,to appoint Trustee Glover as the liaison to the 2010 Buffalo Grove Days Committee. Upon voice vote,the motion was unanimously declared carried. On behalf of the Blood Commission,thank you to all the residents who came out to donate blood. There were 110 units donated,which was the most successful drive in seven years. One unit of donated blood can save up to three lives.Trustee Stone expressed thanks to the local businesses for their continued support of our blood drives. The next drive will be on December 5,2009,and she urged all residents who are able to consider donating and sharing this gift of life. Trustee Stone stated that,on a personal note,the Buffalo Grove Days event was spectacular,and she was in awe of everyone's combined work,and she extended thanks to everyone involved on behalf of the community. Trustee Stone announced that the second Drug Forum specific to heroin awareness will be held on October 7,2009, and she extended thanks to both Stevenson and Buffalo Grove High Schools,and the various agencies with which the Buffalo Grove Police Department has coordinated. The community appreciates this forward move toward prevention and awareness. Trustee Trilling announced that the Buffalo Grove Fire Department invites the community to their 14th annual open house to be held on September 26,2009 at the station headquarters on Highland Grove Drive. This is a great opportunity for residents to learn about the activities of the department. VILLAGE MANAGER'S REPORT Mr. Brimm noted that the Management Report for the month of July 2009 has been posted to the website on the e-library. Mr.Anderson presented an overview on the Fiscal Year 2009 Capital Improvement Plan,details of which are contained in his memo to Mr.Brimm of August 19,2009. Trustee Berman thanked and commended Mr.Anderson and staff for an excellent job of saving the Village two and half million dollars that did not need to be spent this year. With regard to the White Pine Bike Trail,Mr.Anderson confirmed to Trustee Berman that the completion will be just the segment from Bernard to Chatham,and not the segment that would have run east to west had it been approved by the neighbors but did not proceed. Trustee Trilling noted two typos in the document,i.e. sealing in place of dealing,and bike path instead of bath path. 12222 09/08/2009 PUBLIC HEARING—VILLAS OF CHESTNUT RIDGE President Hartstein called the Public Hearing for the amendment to the Annexation Agreement concerning the Appearance Package for the proposed homes at the Villas of Chestnut Ridge,east side of Prairie Road at Daybreak Terrace,to order at 8:14 P.M. Notice of Public Hearing was published in the Daily Herald on August 22,2009. Mr.Brimm reviewed the background of the proposal,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. President Hartstein swore in the following to give testimony: Todd Fishbein,President and CEO of Red Seal Homes;David Hoffman,Chairman;Michael Larsen,Executive Vice President;Brian Nagorsky,Director of Development;Julie Whitley, Customer Relations,all of Red Seal Homes. Brad Lewis and Bill Schwarz from the architectural firm of Balsamo,Olson&Lewis,and Gene Krause from the law firm of Scott&Kraus on behalf of Parkway Bank. Mr.Fishbein presented a background of the product,noting that Parkway will maintain control of the entire project along with Red Seal. Red Seal will be responsible for marketing,sales,construction and typical development functions. The product to be offered will be Red Seal quality at a price point that reflects today's market. The ART meeting was productive and they believe they walked out of the meeting with a better product,and he thanked the ART for their input. The Board did not believe that a presentation by the architect was necessary. Mr.Fishbein stated that there is a condition that the cell tower be removed before permits for the new homes are issued,and he noted a concern with the timing on construction,and they will ask for some flexibility as to that timing. Trustee Glover noted that she attended the ART review meeting,and she believe there is a lot of nice detail work on the fronts and backs of the homes that adds to the aesthetics;the property currently has three homes on it;she believes it is advantageous to go forward with these homes to build up the development;she appreciates the cooperation from the developer regarding the input from the ART review. With regard to the cell tower,she would like staff to address that issue,and she is willing to be somewhat flexible,but she does not want it to be excessive. Mr.Krause noted that the lease for the cell tower goes back to 1984 between a bank that no longer exists and a land trust that no longer exists. It has been represented to him that the lease was terminated in May. Red Seal personnel on site confirm that the cell tower is no longer functioning,and the cell tower equipment has been removed from the building. At this moment in time,he is not even sure who to speak to about removing the tower,which is why they are asking for flexibility on the timing. Mr.Krause does believe that it is feasible to have this done in an orderly manner. Rather than have the stipulation that the cell tower be removed before permitting,they would suggest that the stipulation be that the tower be removed before the certificate of occupancy is issued for the new homes to be constructed. In answer to a question from Trustee Glover,Mr.Fishbein stated that they would anticipate that the first home would be completed within the first four or five months of next year,and this would give Mr.Krause time to deal with the tower issue during construction. With regard to discussion and voting on this item,Trustee Trilling noted that, 19 years ago,he and a partner owned a piece of land that he sold to Red Seal Homes,and he wanted the Board and the residents to be aware of that,but he does not believe there is a conflict of interest for him to participate in this matter. Trustee Berman understands that there will be some rehabilitation of the existing units to bring them closer to blending with the new plans and architecture for the additional units. Mr.Fishbein noted that is inaccurate statement. Their engagement with Parkway with respect to the existing homes is to simply finish those homes in accordance with their original plans and specifications. 12223 09/08/2009 Mr. Pfeil stated that the original three units will be substantially different,but he does not believe that they will be so different that they will stand out. Mr.Fishbein agreed and confirmed to Trustee Berman that all the homes will blend together. Trustee Berman stated that he understands the logic of the request regarding the cell tower,and he asked staff if that can be addressed in the agreement. Mr.Raysa stated that it should be addressed in the agreement,and he brought the Board up to date on the history of the cell tower,noting that the term of the lease was through May 7,2009,and that the owner and all successors would not enter into a new lease,and that at the termination of said lease,the tower should be immediately removed. In addition,the 2004 agreement required the posting of a demolition bond with the Village so that,if the cell tower was not removed within the time frame stated,the Village could use the demolition bond to take the tower down. Language can be formed as far as addressing how the tower is to be taken down,and he would just need a time frame from the Village Board. The current document does not require a bond,because it is addressed by not issuing the permits. Trustee Braiman asked for a realistic estimate of how long it will take to remove the tower. Mr.Krause stated that he does not have an answer because the people that he must deal with have no incentive to come out and remove the tower,and he may have to get a court order to force them to comply. Trustee Braiman suggested putting a time frame of the first certificate of occupancy or April 30,2010. Mr.Krause stated that he was fine with that,and there were no objections from the Board. Mr.Fishbein confirmed that there are no changes to the plan. The zoning has not changed,the plan has not changed, the layout of the lots has not changed,and the engineering has not changed. Mr.Fishbein stated that there was to be landscape treatment around the area of the cell tower,and when the tower is removed,they will come back before staff and show a redesigned landscape/recreational area in that open space. The area is roughly the size of one of the lots. Mr.Pfeil stated that there is a landscape plan of record from 2004. If that is going to be modified,there would need to be administrative approval,and perhaps Board approval depending on the extent of the changes. Trustee Braiman stated that he has worked frequently with Red Seal,and he has always found them to be excellent developers,and he is thrilled that they have found it appropriate to come back to the Village. Red Seal developments have been excellent,and he believes this development will be a benefit to the entire community. Mr.Fishbein confirmed to Trustee Trilling that the recreational area will be ultimately conveyed to the homeowner's association for their ownership and maintenance. Mr.Raysa again reviewed the 2004 agreement regarding the tower;he noted that the demolition bond was never posted with the Village. Karen Dannenberg stated that the market is changing,and asked what assurance there is that these homes will not also sit unoccupied. Mr.Fishbein reviewed their strategy in order to ensure that these homes will sell,acknowledging where the housing market is today and being able to bring homes into the marketplace that reflect today's market value. A resident adjacent to this property stated that no one is taking care of the land,there are rain puddles that are slow to evaporate,there are many large and tall weeds,and there needs to be some type of maintenance. Mr.Fishbein reviewed what Red Seal will do on the land,and they will work with staff. Mr. Fishbein stated that both Red Seal and the bank will keep the site clean and will treat it like they would any other Red Seal site. Mr. Fishbein also gave the resident his phone number and encouraged him to call if there is a problem. 12224 09/08/2009 President Hartstein stated that Red Seal has a great track record and we are happy to have them back in the `m" community. Mr.Raysa stated that one of the purposes of the Public Hearing was to provide the public evidence of a draft of the First Amendment to the Annexation Agreement for the Villas of Chestnut Ridge dated 9/4/2009 in the upper left- hand corner. This draft was not the one in Board packets,but was subsequently delivered to Board members after initial Board packets went out. At 8:49 P.M.,President Hartstein continued the Public Hearing until this particular item appears on the agenda this evening. QUESTIONS FROM THE AUDIENCE Andy Stein,Chevy Chase Drive,noted that there has been much written about Adam's Roadhouse sign. Mr.Stein wishes to clear up several items. Mr. Stein is a Commissioner of the Zoning Board of Appeals,not the Chairman. The Chairman of the ZBA is Bruce Entman. Mr. Stein appeared before the Village Board as the Chairman of the Citizen's Ad Hoc Committee in order to offer testimony concerning the opinion of the committee regarding the changeable copy portion of the Adam's Roadhouse sign. The Committee is not a homeowner's or quasi- homeowner's association. The Citizen's Ad Hoc Committee was established by the Village of Buffalo Grove and was agreed to by both Inter-Track Partners and Adam's Rib and Ale House. A copy of this agreement was forwarded to the Village Trustees after the June 1,2009 Village Board Meeting by the Village Manager's office. The Committee was established to discuss and address issues relating to the quality of life in the community in and around the property at 301 N.Milwaukee Avenue. During the August 17,2009 meeting,a concern was raised that the community be made better aware of the committee and its purposes. As a result of this concern,a letter with information about the Ad Hoc Committee was composed and delivered to the homes in the Columbian Gardens Subdivision, and the two apartment complexes that are within 1,000 feet of the property. This represents more than 750 households. They have requested additional involvement from the surrounding community.They have received interest from three additional persons. The Committee now consists of five members,one alternate,and a chairman. While three of the members were outspoken critics of the proposal,they are committed to serve fairly and with open minds. To that extent,Mr. Stein addressed a personal issue. It was suggested to him that the position that he represented on August 17,2009 demonstrated a change in attitude from the position that he had previously taken. The stand that he took on August 17,2009 had nothing to do with his original position on off-track betting in Buffalo Grove. The off-track betting issue has been debated and approved by the Village,therefore,what he was representing was an issue of the rights of a legal business entity to maintain signage and had no bearings on the previous matter. The question was about the sign and what should be permitted on it. As was seen that evening,this is and was a complex issue that required more research by the Village Attorney. This matter will likely be decided later in tonight's meeting, Mr, §Igitt 19 NM pMK'cjgir WIC III ihit thi Aci HOG UUlllllll gi�i i►S called upon to address an issue affecting the quality of life in their neighborhood,they stand ready to be part of the discussion and the solution. Barnett Fagel,224 Stanton Court West,wants to direct the Board's attention to the contract with Comcast Cable, Section 10,which talks about public education and government access. Under this contract,rules and procedures for use of public education and government access channels are provided. Mr.Fagel is not currently aware of any access the general public has to these channels. The Village is responsible for establishing and enforcing rules for the non-commercial use of public,educational and government access channels,and to promote the use and viewership of the channels. Mr.Fagel is asking for a copy of those rules. Mr.Brimm stated that those rules have been in place for approximately two years,and they have not been amended because they continue to work well,and he will provide a copy of those rules for Mr.Fagel. Mr.Fagel asked if anyone ever had access to or used the public channels for public subjects. Mr. Brimm stated that he did not have details at hand. Mr.Brimm noted that Channel 6 has been used for government purposes. President Hartstein stated that there is a coordination with Comcast that Channel 19 is made available for residents to participate and produce shows of various types through the Comcast studios for airing on Channel 19. 12225 09/08/2009 Mr.Brimm stated that there have been inquiries that have been directed to Comcast to coordinate through their staff. Mr.Brimm will forward information to Mr.Fagel. Trustee Stone noted that the public,educational,government programming is something that she is concerned about also;she knows that other Comcast suburbs do have this programming; she intends to bring this up as soon as the Comcast contract returns before the Board. Mr.Brimm stated that the Comcast contract should be on the agenda for the September 21,2009 Village Board Meeting. 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 Berman,seconded by Braiman,to approve the Consent Agenda. ORDINANCE#2009-58—SURPLUS PROPERTY Motion to pass Ordinance#2009-58,authorizing the disposal of surplus Village personal property. ORDINANCE#2009-59—SUSHIYAKI,INC. Motion to pass Ordinance#2009-59,amending Chapter 5.20 Liquor Controls,Class B,Sushiyaki,Inc. ORDINANCE#2009-60—BUFFALO GROVE PANTRY Motion to pass Ordinance#2009-60,amending Chapter 5.20 Liquor Control,Class D,Buffalo Grove Pantry. RESOLUTION #2009-34—OFFICER GEORGE VINGAN III Motion to pass Resolution#2009-34,commending Police Officer George Vingan III for service to the Village of Buffalo Grove, 1984-2009. 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#2009-61—ADAM'S ROADHOUSE Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr. Sheehan. President Hartstein stated that there were two questions posed to Mr.Raysa. The first issue is what type of controls the Village can and cannot have if there is changeable copy, in light of First Amendment considerations. The second issue is whether or not there is an obligation under the Annexation Agreement to be required to provide for a changeable copy sign at all. Mr.Raysa stated that his opinion was that,because the sign does not comply with Exhibit D-1,the Village has the right to require that the sign comply to Exhibit D-1 or be removed completely. President Hartstein asked whether the Village does or does not have the right to deny any changeable copy sign. 12226 09/08/2009 Mr.Raysa stated that his opinion letter stated that,because the sign did not comply with Exhibit D-1,the Village has \. a the right to require that the sign with Exhibit D-1 or have the sign removed. It is the Board's discretion to determine whether or not to choose to allow changeable copy sign. There is not an obligation,under the Annexation Agreement,to allow changeable copy sign. Mr. Raysa commented on what the Board can and cannot regulate under the First Amendment if changeable copy is allowed. Mr.Raysa reviewed the United States Supreme Court decision that must be met any time commercial and/or non-commercial speech is addressed. Governmental entities must justify any type of restriction that is desired. Specifically,a governmental entity has to tie any type of regulation of the language of the sign to a material degree that regulation advances a substantial governmental interest. In order to do that,the regulating entity must have specific proof that that regulation does establish a reasonable fit between the Village's regulation and the Village's goal. If the goal of the Village is to restrict alcohol advertising,the Village has to be able to demonstrate clearly that the restriction of advertising of alcohol achieves a purpose and a substantial goal. The burden is on the Village of Buffalo Grove to prove that the danger that we might be seeking to avoid is a real danger. It is a difficult burden for a regulating entity to restrict commercial speech if it cannot meet the tests of the Supreme Court decision. President Hartstein briefly reviewed the history of the sign ordinance,noting that the whole concept was to limit signage to business identification,frowning upon changeable copy signs. In this particular situation,he understands the position of the petitioner,as well as the position of staff in trying to work with the petitioner. President Hartstein believes that,in terms of maintaining the integrity of the sign ordinance and in view of the problematic issue of what can and cannot be restricted,the Board should vote not to allow the changeable copy sign. Trustee Berman noted that we cannot ban advertisement for gambling issues,but the petitioner has voluntarily modified his request to specifically promote food specials and hours of operation. Trustee Berman doesn't believe that implicates the same issues that a mandated restriction would implicate. With regard to the changeable copy sign,he does not necessarily see a reason to change the status quo;the sign has been up for a long time;it is not his favorite,but he does not see it as a detriment to the area;the sign is there;the sign has been there;he does not see it is doing any harm;the petitioner has voluntarily indicated that it will be used for a very limited purpose. Trustee Glover stated that,although the petitioner has voluntarily agreed to limit the content on the sign,she questions what would happen if this business sells and the new owner wants to expand the scope of the changeable copy. Mr.Raysa answered that the new owner would have to come before the Village to apply for a new variation. One way to address a change in ownership is to have this variation only run to this owner and not with the land;a new owner could be required to remove the changeable copy sign if the Village chose that direction. Trustee Trilling stated that he has thought about the self-imposed restriction;the petitioner is willing and able to restrict his own language. Mr. Raysa stated that the petitioner has come forward voluntarily and stated that he is changing his petition in support of the variation to that restriction. Trustee Sussman agrees with President Hartstein that signage should be for identification only and not for advertising; she is opposed to the changeable copy sign because she believes it looks tacky,and it has nothing to to with the fact that it is Adam's Roadhouse;she opposes it because she does not believe changeable copy signs should be allowed; she appreciates the fact that the petitioner was the one who suggested the restriction,however she would still prefer not to have changeable copy signage. Trustee Stone stated that this sign is not in compliance, and in several violations with the initial Annexation Agreement. The issues are: there was no inspection on this sign on record;the changeable copy sign was to be electronic;the distance to the property line should be 10'or the height of the sign;a variance was allowed for 10", yet the sign was erected 6"from the property line;there are other proportion deviations,but the sign is completely in violation of what was agreed to at the Annexation Agreement on May 28,2003. Trustee Stone is troubled by the fact that the initial Annexation Agreement provided many variations to the sign ordinance,and even with those variations,this establishment was still not in compliance. The Village is very strict about compliance with signage requirements,and yet the Village is willing to overlook the many deviations from compliance when it comes to Adam's Roadhouse. If that is the issue,she trusts that the Village will be as flexible with other business establishments in the community. 12227 09/08/2009 Mr.Raysa again stated that the Village would have to prove that the regulation that is suggested to be imposed addresses a substantial interest to the Village. Trustee Stone wants to understand why all of the Village's rigid rules are relaxed in this case;she would like to know why there is a sign that broke all of the rules and nobody stopped it. President Hartstein stated that this has no pertinence to what is before the Board tonight. President Hartstein stated that what happened in the past has no relevance to what is being granted tonight. The Board is not talking about previous signs. The Board is only interested in the proposed sign. Trustee Stone stated that the petitioner did not comply in any way with the sign that the Village allowed him to construct. Trustee Stone believes this should be referred back to the ZBA. However,she wants to know why all of the violations were ignored. This sign does not comply in any way shape or form with was allowed;she does not think there is one part that does comply. In answer to a question from President Hartstein,Mr. Sheehan stated that staff can find no record in the files that the sign was inspected. Mr. Stein,ZBA Commissioner,noted that he had brought the sign to the attention of Ed Schar,who explained to him that it was administrative approval because they were just changing the face of the sign without altering the sign. In May it was brought to the Board's attention that there was an issue with the sign itself being larger than originally approved,so there was prior notice to the Village Trustees about this issue. Mr. Stein did have conversations with Building&Zoning regarding the inspection,and there were no records,but Brian and Julie offered the explanation to him at the time that,under the record retention policy,those records were able to be purged because they were over five years old,which is the explanation for why the inspection documents are not in the file. What Mr. Stein wants to bring to the Board's attention has nothing to do with whether or not off-track betting should be a permissible activity,but being that the board had previously been put on notice that there was a non- conformance with that sign,and being that the Village did negotiate the billboard,but did not negotiate anything about the existing sign, is that perhaps a tacit approval of allowing that sign to exist. President Hartstein asked if he is correct that,with regard to the Annexation Agreement,there had been an existing sign before this particular establishment came into the Village of Buffalo Grove,and as part of the Annexation Agreement,there were two parts relating to signage,one being that the billboard was going to come down,and the second being that the existing sign was going to be allowed. That was part of the Annexation Agreement so that was a contractual agreement so that sign was allowed. Mr.Raysa confirmed that the Exhibit D-1 sign wad correct, When the establishment changed from Cy's,staff administratively approved that,believing that it was just a new name but the same sign. Mr.Raysa stated that it was his understanding that staff administratively approved it,but he has not been able to determine whether it was known that the sign itself did or did not comply with Exhibit D-1. As counsel,President Hartstein asked if Mr.Raysa believes that,as part of the consideration tonight in determining the new sign,there needs to be consideration of facts relating to the enforcement of anything relating to the previous sign as part of the new sign being reviewed tonight. Mr.Raysa stated that,if the Village Board were to enact the ordinance before them tonight,they would be approving the existing sign. President Hartstein confirmed with Mr.Raysa that the Board could say that the existing sign must come down if it is not in compliance since it is a new business establishment. Trustee Sussman stated that she did not want the OTB and she does not like changeable signs,however,all of the mistakes with the signs were the fault of the Village of Buffalo Grove,and she does not believe it is the fault of the petitioner. 12228 09/08/2009 Trustee Trilling stated that this is a difficult issue;he knows that the sign code restricted copy to name and nature of the business;the petitioner spent money on a sign that he believes he needs to advertise his services to the residents and the surrounding community;he understands and empathizes with Trustee Stone's concern relative to the size and location of the sign and the facts surrounding that and why it was built as it was;there are not records within the Village;he does not believe that anything will be served by discussing the old records or lack thereof today;he does know that it is concerning to him also that those records are not available;the ZBA did approve this sign,and the Board takes their recommendations quite seriously;the restriction is self-imposed;the ZBA did not necessarily know all the facts that have since come to light;he is not sure if the Village Board is the best body at this point in time to recommend approval. It is uncomfortable for the Village to be able to promote and support a business and at the same time maintain the integrity of the Village relative to changeable copy. Trustee Braiman was at the ZBA meeting,and he does believe that they were aware of all the facts and made their determination based on everything. Trustee Braiman is concerned about purging records after five years,and asked Mr.Brimm to look into record retention. With regard to the changeable copy,Trustee Braiman asked Mr.Raysa if the Board wishes to alter the sign by removing the changeable copy,whether it can be done by the Village Board or would it need to go back to the ZBA. Mr.Raysa stated that any time a petition is changed by making a sign smaller,he does not believe it needs to go back to the ZBA. Mr.Raysa also does not believe that the sign would have to go back to the ZBA if the overall sign remains the same size,but the size of the changeable copy is altered. Trustee Braiman stated that he has made his position clear in that he does not care for changeable copy,and he believes it diminishes effectiveness in this instance,and he will be voting against it for that reason;however,he does believe the sign itself is very nice,and the petitioner worked well with staff to making a good presentation for it,and he believes the sign will be a benefit to the petitioner and the Village,but he does not approve of the changeable copy. Trustee Stone stated that there is non-compliance and the Board is talking about one issue and avoiding four other issues;the Village cannot require businesses to comply on every little facet,yet in a case like this,everything is overlooked. Trustee Stone does not believe that the record was purged;members of the Zoning Board confirm that there is no paperwork,yet the petitioner stated that it was inspected. None of the inspectors remember inspecting the sign. If they were Buffalo Grove inspectors,she wonders if they would be overlooking all of the elements that were violated. Trustee Stone stated that her position with OTB and the difficulty with the sign have nothing to do with the petitioner. It is simply that she believes that it is wrong for the Board to be inconsistent in an area that is a real pet peeve in Buffalo Grove for businesses,and she thinks the Board should be a little more concerned with hard business times. In this case,the Board is throwing all rules out the window; she does not think the sign itself looks so bad,but she believes it is way too large for that piece of property,and it is practically on Milwaukee Avenue. In this case,they changed it from 10' from the property line to 10",and the petitioner still made it only 6"from the property line; it is practically on Milwaukee Avenue; she does not believe it looks in proportion to the building or to the street;she does not understand why it is not electronic copy. Trustee Stone questions why an agreement was made,and the petitioner went ahead and built the sign and violated every rule,and the sign was not inspected;she also does not believe the onus should solely be on the petitioner. In answer to a question from Trustee Stone,Mr. Sadeghi stated that the sign has been in place since 2001 when Buffalo Grove approached him for annexation;he is very happy in Buffalo Grove;he does not have a record for the inspection;he is a good citizen and has done nothing wrong and he does not believe the Village has done anything wrong;there are many changeable copy signs on Milwaukee Avenue;the sign was originally to go on top of the restaurant;he does not believe the sign is tacky;he wants to promote his hours and his food,not liquor or OTB;he needs residents to support him;he does not believe he has done anything wrong. Trustee Stone only wants to know who the inspector was and asked Mr. Sadeghi if he remembered what the inspector looked like,so that she could find out who gave the petitioner permission to put up a sign where all of the specs were violated. Mr. Sadeghi stated that he may not even have been present when the inspection was done,and it was several years ago,so he does not remember. 12229 09/08/2009 Trustee Stone believes that this should be returned and resolved by the Zoning Board of Appeals. President Hartstein asked Mr. Sadeghi if he would like the Board to make a decision tonight or if he would prefer that the issue be sent back to the ZBA. Mr. Sadeghi answered that he trusts the Board's judgment and he needs the changeable copy sign,and he believes the Board will be fair to him;he needs help with his business after all of the badmouthing that has happened in the past four months. In answer to a question from Trustee Sussman,Mr. Sheehan stated that there are 12-15 businesses that have changeable copy signs. In answer to a question from Trustee Sussman,President Hartstein confirmed that changeable copy signs are allowed by variation. In this case,the initial sign was approved by virtue of the Annexation Agreement. Trustee Berman noted to Trustee Sussman that,if the Village wanted to eliminate changeable copy signs completely,the ordinance could be changed to prohibit future changeable copy signs,but that would not eliminate the signs that are already in place. Trustee Berman would like to maintain the status quo. There are issues of mistakes made several years ago,but Mr.Sadeghi should not be punished for mistakes made by others. The sign has been in place for several years,and the request is to put a different faceplate on the top part of the sign;he does not see the harm in allowing the status quo to be maintained;he is not a huge fan of changeable copy,but it is there already and he does not see a reason to take it away;and he certainly does not see a reason to punish the petitioner if a mistake was made by an inspector several years ago. The Village sees variations to the sign code all the time; most sign proposals have some sort of variation attached;it is commonplace for variations to be requested;each one is considered on its own,on its merits,individually;it is not precedential;the effort to be consistent is in trying to create criteria for granting a variation. This business came into the Village as a request for annexation and done in an effort by the Village to move its borders along Milwaukee Avenue to facilitate other annexations and other beneficial actions for the community to address potential sales tax revenue generation,and the Village agreed at the time to allow changeable copy. It is important to note that Village staff does an outstanding job,and when mistakes are made,staff moves to correct them. It is important to keep the focus on the matter at hand,which is to affirm or �./ not affirm the recommendation of the ZBA to allow the proposed set of variations to this sign,and he urged Trustees to consider the circumstances and fairness of the situation to the petitioner. Trustee Berman does not see a reason to deny this request,nor does he believe it is necessary to send it back to the ZBA. Trustee Braiman stated that he is glad that Mr. Sadeghi spoke;Buffalo Grove asked the petitioner to annex into the Village;he is sympathetic to his current plight,not only because of the economy,but also because of the negative publicity that he has recently received. Trustee Braiman also remembered that,several years ago,he encouraged School District 102 to install four changeable copy signs,so he believes it would be somewhat disingenuous of him to now refuse to allow a changeable copy sign. Because of this,and the fact that the sign has been there for several years and because of the various other reasons,he believes that he will change his vote because he believes it is the right thing to do. The Village does try to be consistent,but variations are frequently granted. No one is happy that mistakes may have been made,but the Board must deal with the sign that is before it. Moved by Braiman,seconded by Trilling,to pass Ordinance#2009-61,granting variations to Sections 14.20.030, 14.20.070,and 14.40.025 of the Village Sign Code for Adam's Roadhouse Sports Bar&Brill,301 Milwaukee Avenue,in accordance with the most current draft,which includes the word"Revised Exhibit F"in Section 3.b. President Hartstein stated that he believes this discussion has been pertinent,and he believes the Village needs to promote our businesses and be business friendly. If mistakes were made,they were made in the past,and we are currently talking about the future. The issue tonight is to approve or not approve a sign. The Village asked the petitioner to come into the Village;the sign is already there;the sign does have changeable copy;the petitioner has voluntarily agreed to restrict the copy. President Hartstein still strongly believes that signs should be limited to identification,but he believes that,in the interest of fairness,the changeable copy should be allowed in this situation,and he has been persuaded based upon tonight's discussion,as he felt totally differently before tonight's meeting. In answer to a question from Trustee Sussman,Mr. Sheehan noted that the sign does not protrude over the sidewalk. 12230 09/08/2009 Trustee Stone stated that she trusts that the Board will be equally as flexible with other business establishments in ftwe the community; she is empathetic as well,but she has seen many residents with pleas of concern on various items and it did not seem to move this Board;in this situation,a vote will be taken on a sign that breaks compliance in every area. At the last meeting,the only thing that the senior Board members and the attorney addressed was the First Amendment issue,not focusing on the issue that this sign was not in compliance,and it amazes her that no one even called attention to this. Trustee Glover asked that language be added to the ordinance that the changeable copy runs only with the business and not with the land. Mr.Raysa stated that language can be added that this variation does not run with the land and only runs to the petitioner. Trustees Braiman and Trilling agreed to this language insertion., Frank Ladonne,Chestnut Court West,stated that the petitioner could come back in two weeks and ask for expanded wording,which would then bring the First Amendment back into play;the Board seems to be holding the petitioner harmless because mistakes may have been made by the Village,but the petitioner should have known that the sign was in violation,so he does not agree with holding the petitioner harmless;this petitioner has repeatedly demonstrated that he will do what he wants to do in defiance of the Board,and he believes that needs to be factored in to any decision that this Board makes on changeable copy. President Hartstein asked Mr.Raysa what the position of the Village would be if the petitioner puts something on the sign that is not permitted,and states that it is his First Amendment right to put whatever he wishes on the sign. Mr.Raysa stated that he believes that the voluntary nature of the petitioner saying that the petitioner will only allow food and hours of operation will be a basis for the passage of an ordinance,and therefore,the Board has relied upon the petitioner's representation that that is all he wants. Mr.Raysa does not believe the petitioner can come back to the Board and say he has given up his First Amendment rights involuntarily. There is a video tape of this meeting that shows that the petitioner is aware of the First Amendment rights,and he has voluntarily said that he has changed his petition to the Village of Buffalo Grove and he only wants to be able to advertise X and Y period. Mr.Raysa's answer to the question is that Mr.Raysa does not believe the petitioner can come back and say that he wants to change. If the petitioner comes back and says he wants to change the changeable copy,two things will come back into play. The section that he has changed the business use will come into play. Section 14.44 says that the petitioner is not entitled to the business change and therefore,he is not entitled to the sign. The Village would then say that if the petitioner comes back to change the copy,three variations were granted to allow the petitioner to have another business use on the sign. Therefore,it is Mr.Raysa's opinion that the petitioner could not come back because he voluntarily agreed to go forward with the restriction on the sign. Mr.Raysa stated that he believes the agreement and contract would hold up in a court. Mr.Raysa stated that a violation of the variation could revoke the variation. The Village would write a ticket and take the petitioner to court for a violation of the ordinance. Mr.Raysa stated that the language will be in the ordinance itself. President Hartstein recommended that this language be incorporated into the ordinance. Trustees Braiman and Trilling accepted the change,and Mr. Sadeghi also accepted. Trustee Stone asked if any of the non-compliance on all the various issues concerns Mr.Raysa. The Board is incorporating language into the current ordinance that will give the Village action if there is non-compliance,but is willing to forget the fact that there is unbelievable non-compliance currently. Even though there may have been an error by the Village on the inspection,she believes that Mr. Sadeghi understood what the rules were,and there was some onus on him to follow the rules. Mr.Raysa stated that history of a sign is always relevant,and the Board is very aware of the history of the sign,the Board can enact an ordinance to correct or authorize the existing sign with restrictions that the petitioner has voluntarily agreed to,so history is relevant which is the reason that the Board had him review the history of the sign. Mr.Raysa has seen ZBA weigh that issue, so it is relevant. Mr.has seen the ZBA weigh that issue with regard to 12231 09/08/2009 fences that were non-conformant,where staff has had the owner appear before the ZBA. There were instances L./ where a 6' fence was built in violation and the owner was required to remove that fence. There have also been instances where a 6' fence was built in violation and the ZBA granted a variation so the fence could remain. Trustee Braiman reminded the Board that the ZBA did consider everything in their recommendation to the Board, and he called the question. Mr.Raysa summarized the language that has been added. The ordinance before the Board right now is the undated ordinance,with the language in Section 3.b that reads The color and copy shall closely match the color and copy as depicted on Zoning Board of Appeals Revised Exhibit "F". Amendment#1 to the motion was to insert language that the variation does not run with the land and is only granted for this sign,being the sign depicted in Exhibit"F" and this petitioner. Amendment#2 was to add language setting forth the facts that were determined tonight,those facts being that the petitioner has voluntarily agreed to the restrictions as set forth in Section 3.c.of the draft ordinance of his own volition and that he,the petitioner,came forward with that recommendation and the Village has relied upon the petitioner's representation that he will agree to obey those restrictions knowing full well his rights in regards to the changeable copy sign and the First Amendment. Upon roll call,Trustees voted as follows on the amended motion: AYES: 4—Braiman,Glover,Berman,Trilling NAYS: 2—Stone,Sussman Motion declared carried. Trustee Trilling stated that this was a long discussion,but it was a good discussion and brought things to light and helped him make a decision based on all the facts that were presented. President Hartstein agreed and thanked everyone for their participation. ORDINANCE#2009-62—CHESTNUT RIDGE Moved by Glover,seconded by Berman,to pass Ordinance#2009-62,approving the First Amendment to the Annexation Agreement for the Villas of Chestnut Ridge,East Side of Prairie Road at Daybreak Terrace,dated 9/4/2009. With regard to the discussion of the cell tower during the Public Hearing,Mr.Raysa recommended the following change in Section 5.on page three of the ordinance in front of the Board: language after the words prior to should be deleted and replaced with the words the date which is the earlier of I.April 30, 2010 or II. the date upon which the first certificate of occupancy is issued for any of the eighteen houses proposed to be constructed by the developer on the property. Mr.Raysa then re-read the entire proposed sentence in Section 5.: Owner shall remove or cause the removal of the telecommunications cell tower,antennas,and all other related equipment and structures on the property prior to the date which is the earlier of either April 30,2010 or the date upon which the first certificate of occupancy is issued for any of the eighteen houses proposed to be constructed by the developer on the property. President Hartstein asked if there were any other comments or questions from the audience or the Board;there were none. President Hartstein closed the Public Hearing at 10:46 P.M. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman NAYS: 0—None Motion declared carried. ORDINANCE#2009-63—CHESTNUT RIDGE Moved by Glover,seconded by Berman,to pass Ordinance#2009-63,concerning the Zoning of the Villas of Chestnut Ridge, East Side of Prairie Road at Daybreak Terrace. 12232 09/08/2009 Upon roll call,Trustees voted as follows: 40,1 AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. RESOLUTION#2009-35—PURCHASE CARD POLICY Mr.Brimm reviewed the proposed policy,details of which are contained in Mr.Anderson's memo to him of September 2,2009. Staff members entitled to the cards and the limits for each are as follows: $2,500.00- Village Manager,Deputy Village Manager,Fire Chief,Police Chief,Public Works Director,IT Director,EMA Coordinator $1,500.00- Director of Finance,Director of Engineering,Director of Golf Director of Human Resources, Deputy Fire Chief,Deputy Police Chief,Deputy Building Commissioner,Public Works Superintendent,Golf Course Superintendent $1,000.00- Assistant Finance Director,Operations Manager—Utilities,Fleet Manager,Forestry Supervisor, Water&Sewer Supervisor $500.00- Department Cards Mr.Brimm confirmed to Trustee Berman that the policy that will be enacted,as well as the agreement with the issuer of the cards,indicates that the Village will not be responsible for misuse of the cards by employees in the event that it is determined that the use of the cards were in violation of the policies established. Misuse would fall upon the employee and it would be a disciplinary matter. This is for administrative convenience,and the bills will be reviewed every month to insure compliance with the protocol. There will be careful and close scrutiny of the transactions. This is a preferable approach from a security standpoint. In answer to a question from Trustee Sussman,Mr.Brimm stated that this program is used in Wheeling and has been very successful. Mr.Anderson stated that he has surveyed communities similar to Buffalo Grove,and approximately 70%of them use a similar program. The program may be cancelled at any time. Moved by Braiman,seconded by Sussman,to pass Resolution#2009-35,adopting a Purchase Card Policy,in accordance with the memo from Mr.Anderson to Mr.Brimm dated September 2,2009,attached there to which is the Purchase Card Policy. Mike Terson of the Buffalo Grove Park District noted that the Park District successfully uses a similar program. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone, Sussman NAYS: 0—None Motion declared carried. FAMILY ENTERTAINMENT CENTER Bill Feldgreber,Managing Partner of eSkape Entertainment,introduced Linda Schor,Director of Operations;Greg Smith, Sales Manager;Lori Nichols,Director of Bowling Operations. Mr.Feldgreber offered a history of eSkape, and noted that they are present tonight to talk about a new special event space. Their goal with that space is keep the footprint the same,keep the structure and everything within the facility the same,but they would like to sponsor dances for over 21 on Friday nights,and over 17 on Saturday nights,and the balance of the days, it would just be used as another special event space. Special events play a strong part of their revenue,and they are anticipating this change to keep up with the economic times. They are here tonight for a positive recommendation and a request to complete the process in front of the Board in an expeditious manner. 12233 09/08/2009 Mr.Brimm reviewed the meeting that staff had with the petitioner recently. The Village Attorney has opined that he �./ does not believe that the dance club concept falls within the definition of Family Entertainment Center as it is written,and as such,a text amendment would be required to amend the Special Use for eSkape. Mr.Raysa stated that this is something that can be handled at the Board level,but it is up to the Board whether or not the Board wants to do that. Trustee Trilling stated that,as much as he would like to move this along as expeditiously as possible and provide either a positive or negative recommendation,he believes that this is something that the Plan Commission should review;he believes it is the job of the Plan Commission to look at all the uses on the facility and what ramifications there are by one use versus another and the associated needs of each use. In answer to a question from Trustee Braiman,Mr.Feldgreber said the proposed activities would not be for early teens. Trustee Braiman stated that he has significant concerns about the proposal,and he also agrees that it should go to the Plan Commission. Trustee Braiman asked what benefit that this would bring to the Village of Buffalo Grove,and whether or not there have been requests for this type of activity. Mr.Feldgreber stated that this type of activity is only done at four different facilities;there is a need for activities for the 17-21 year old age group;it would also be a great revenue generator for eSkape. Trustee Braiman stated that he has represented a business owner proposing something similar in Des Plaines,and the proposal was approved. Within days of the opening of the facility,Trustee Braiman was getting calls from the Village Attorney and the Mayor complaining about the use and the police concerns. The client tried to remedy those concerns with police presence and security,but it was nothing but a problem for the city,and the client walked away from the project. There were gang problems and drug problems,and he does not believe this is something that the Village wants in the middle of town. Mr.Feldgreber noted that facility closed over ten years ago,and he cited several sites that have been successful in this business. Mr.Feldgreber called police departments where this type of facility is located,and they were told it is safe for kids,and that it is no different from any other bar in the area. If this is managed properly,this proposal can be a success. Management and security is a part of the ordinance for eSkape,and they have done well with that. They want to make some changes and try to survive in this economy. Trustee Braiman stated that he understands Mr.Feldgreber's reasoning,but he believes the change proposed is significant in the operation and the impact that it will have on the residents in the area and the impact that it will have on the Police Department. Trustee Braiman stated that,it is fine if the petitioner wants to go to the Plan Commission,but he will have a difficult time convincing him that this is a good idea. Mr.Feldgreber stated that he would rather stay at the Board level. The definition of a Family Entertainment Center is exactly what they are doing,and he does not understand why he would have to go to the Plan Commission and workshop. Trustee Braiman stated that the Village Attorney has indicated that his impression of the definition does not include the dance club area. Mr.Raysa stated that the analysis given by courts to legislation and to ordinances is if a legislative body defines and addresses an issue, such as a dance hall,that means that the corporate authorities have specifically annotated and know what a dance hall is,which is currently a special use in the B-2 District under Amusement Establishment. By not including a dance hall when the Village knew its definition of dance hall in a Family Entertainment Center,it, therefore in his opinion,did not include a dance hall or a dance club,because the Village obviously knew what a dance hall was because they set forth a separate definition for it. Therefore,since there is a complete separate definition for it and it is not included in a Family Entertainment Center, it is his opinion that the Family Entertainment Center definition does not include the dance hall definition. 12234 09/08/2009 Mr.Feldgreber stated that,when B-5 was established,he highlighted four or five different acceptable uses,and he `./ believes this is an acceptable use in its current form;there are restaurants with and without dancing and entertainment; it is an acceptable use in the current form;he doesn't understand that this is not the same thing. Mr. Feldgreber stated he would like to know the opinions of the Board;he does not want to go through the long process at the Plan Commission if the Board is not going to support it regardless. If the Board is not going to support it,he does not want to go waste time going to the Plan Commission. Mr.Feldgreber stated that he has managed this business for over six years and they have been clean in all respects,and they always have their own on-site security. This proposal will only take up 6%of his building. The facilities that the Board is comparing this to are stand-alone facilities that are much larger sites. President Hartstein stated that bands and dancing are allowed in the restaurant portion of the facility,and he asked Mr.Raysa why this is different. Mr.Raysa answered that he believes that the way it was presented to him was that it was a dance club,and based upon their representation that they would sometimes be serving liquor and sometimes not be serving liquor did not fall within the definition of a Family Entertainment Center as set forth in the ordinance. Mr.Raysa stated that there was a definition of a dance hall in a B-2,and since that was not included in the definition of Family Entertainment, that is why he interprets that the Village allowed it as a B-2 use,but by specifically not listing it,has not allowed it as a B-5 use. With regard to the definition,he would suggest a clarification of the definition section of dance hall and Family Entertainment Center,which would be a text amendment to the Village's Zoning Ordinance. Trustee Glover has mixed emotions about the proposal. Mr.Feldgreber confirmed that Saturday night would absolutely be alcohol free. The only time the room will have alcohol is if 100%of the people in the room are over 21 years of age. There is a live band every Saturday night at 10:00 P.M.in Grillworks,and every Friday night,there is karaoke in Grillworks. Chief Balinski stated that the proposal would host over 300 people,which is a pretty significant crowd. Other police �./ issues are based upon historical data where they did research,details of which are contained in his memo to Mr. Brimm of September 2,2009. Chief Balinski is happy to hear that there would be complete separation with the 17 and 21 year old groups. Mr. Sheehan came up with a formula for occupancy,and Mr.Feldgreber is fine with that number. There are currently 65-70 occupants at Grillworks on a Saturday night. Trustee Glover stated that is a far cry from 329 occupants. What is to prevent a 21-year old from leaving the room on a Friday night from going to the bar and getting a drink and bringing it back in? Mr.Feldgreber stated that the room will be totally alcohol-free,and no one will be allowed into the room with any glass;everything in the room will be served only in soda or water bottles with a cap. Wrist bands will be stamped each time a patron leaves so that they will be able to monitor the number of times they leave,and if the person leaves and enters too many times, they will not be allowed re-entry. Trustee Stone believes this is a much-needed activity for teens and there is not that much to do for teens in our community;this is an outstanding activity;Mr.Feldgreber has been successful in the community and has brought activities to the community and everything he does seems to be something that is good for our kids;he knows what he is doing when it comes to making a good business for families and filling a gap that we really need in the community;she is really in shock from what she is hearing from the Board. Trustee Stone stated that the Board talks about being business-friendly,and a man before the Board is actually bringing forth an idea that would be so important to the kids at a time where there is so much drug and gang activity;a dance hall is a good thing to be doing on the weekend;this proposal will give the kids something to do and not be busy doing drugs because they will be dancing and having a good time and socializing. There is a beer tent at Buffalo Grove Days and drinking going on all the time,and the Village can accomplish separating adults from children by wrist bands. Bowling alleys typically have alcohol in the nearby bar,and somehow everyone manages to bowl even with people drinking nearby. Teenagers hang out at City Park because they do not know what else to do. Mr.Feldgreber has come up with something for them to do and the Board is going to find reasons why he shouldn't do it and that really bothers her. Trustee Stone does not think that there should be any more work with this; she thinks it is a good idea, and to 12235 09/08/2009 start creating all different types of investigations with the Police Department and the Board and the Attorney is not kosi necessary as we are talking about a dance hall; she cannot believe that this is actually something that everyone has reservations about. With regard to the residents around the area,this is a dance hall for a certain age group and it is not something that will be open until 3:00 or 4:00 in the morning. The topic is dancing,and she does have teens, and she knows they wonder what to do,dancing is a healthy and fun activity,and she would move that dancing be allowed on Friday and Saturday night for our teens. Trustee Stone cannot believe that Trustees are suggesting that this requires all of this heavy thought process and worry. If that is the case,then BG Days and similar events should be just as worrisome. Trustee Stone thanked Mr.Feldgreber for bringing the idea before the Board because her children enjoy what he is offering to our community,and she welcomes the idea and her children will be dancing there. It has not been a problem in the years that he has been there,and he seems to provide the right services to secure that everyone is safe,and she thinks it is a great idea. Trustee Stone hopes the Board will reconsider because the stringency is in the wrong area. Trustee Sussman stated that her inclination is exactly the same as Trustee Braiman's;it has to be proven to her that it will be a safe thing for our children;rules and regulations need to be established and followed;having a patron go out five times to possibly have a drink and then coming back in seems to be excessive. There are so many things to worry about regarding drinking and gangs with that many kids together. We do not know whether the kids coming to the dance hall will be Buffalo Grove kids or people from surrounding areas;we do not know if there will be gangs from other places;these are issues we do not know about,and she would need to be reassured about these issues before she will think it is a great idea. Mr.Feldgreber stated that he is fine with controls;if one were to visit eSkape at night,they would be able to see the controls that they have in place for everything;they have color-coded wrist bands where the colors are changed every night;there are a lot of people in the building on weekends so they are accustomed to large crowds;people are looking for things to do that are different and that is why introducing this into a small part of his facility is not reaching that far. Trustee Sussman stated that she does have an open mind on the proposal. Trustee Trilling thanked Trustee Sussman for her insight because it made him think of a couple of things that were important to him;he strongly believes that there should be a place for young adults to go and have a good time,and he strongly believes that dancing is one of those things that they can do;he thinks it's a great concept and something that should be looked into;if all the is are dotted and the is crossed to make sure that the children are protected in some way to minimize the negative influences,he thinks it would be a wonderful thing for the Village;he does think there is a process that needs to be gone through to be sure that everything is in order;he believes the Plan Commission is the best place to handle this because the petitioner will get the scrutiny necessary for this proposal. Trustee Berman stated that he has listened to all the comments,and he believes what is important is separate the questions: whether a text amendment is necessary in order to go forward with this particular use in this location; the fact that the B-5 district may allow for an accessory dance floor in a restaurant does not necessarily mean that it allows for a dance hall,more particularly the special use for eSkape,which is a subset of the B-5 district;he thinks a text amendment is appropriate because it would allow for a Public Hearing and it would allow for the neighbors to have their input,which is something that they have shown they definitely want;the sheer number of people has the potential for problems if it is not managed right and that is another reason he believes that it is important to have a Public Hearing;whether or not the use is ultimately allowed;he is not conceptually opposed to the use;he agrees with the point that we need facilities for our young people is a fair one,and he doesn't think the Board should presume that this is an inherently evil concept because he doesn't think it is;he thinks it does present potential problems that can be dealt with;the devil is in the details;several points have changed this evening;the Board needs to see specifics so that everyone has a good handle on everyone's responsibilities. Trustee Berman has tremendous respect for our Police Department and believes they do a fantastic job. Part of the reason that there are so few problems at Buffalo Grove Days is because the police are everywhere. This does not mean that the event is incident free,but it just means that we have been very fortunate that there are not major incidents. The community has always respected the notion that there are certain times when there is a family event kod where alcohol is prohibited,which is part of the reason that Monday of Buffalo Grove Days is an alcohol-free day. The Police Department has raised some fair issues that need to be addressed;he believes the issues can be dealt with 12236 09/08/2009 in an objective and meaningful way;the Chiefs memo lays out a number of criteria that is a good starting point for �./ discussion at the staff level. The Village itself sponsors the Lime Light Café in that facility,so this can be done appropriately,but he wants to be sure it is done the right way. Trustee Berman believes it is possible to come up with rules to manage the risk. This is a small part of the overall facility,so he thinks the complexity of the issue can be dealt with at the Board level. President Hartstein thinks that this is a dynamite idea that has a lot of potential,however,he also believes that the control issues are significant,but he does not believe they are insurmountable. Trustee Braiman stated that he understands what Mr.Feldgreber has done before and he appreciates that,however, he believes this is totally different;he agrees that that young people need a place to go,but his experience with this type of facility is all negative;this will be a magnet for all types of kids;he sees it as a problem of great magnitude; he believes the Police Department will be overwhelmed with problems;he is fearful for the neighborhood and the kids that will be there as well. Trustee Stone stated that there is a possible magnet with any activity,but in this case,the positives so outweigh the negatives,that if there is the occasional problem that would occur,she believes it is worth the risk. If this is not approved,then there would be 300 kids that are sent out to find other bad things to do;this is a fabulous idea;while trouble may arise occasionally,she is sure that Mr.Feldgreber and the Police Department can deal with it;we have to fmd a way to make this work because the kids need some place to go and this is a great answer. Trustee Stone stated that this is something on which the Board should move really fast. Trustee Sussman stated that the connotation of a dance hall is not a positive one,and she thinks it would be beneficial to refer to it by another term that sounds more respectable. Mr.Feldgreber stated that he does not like the reference to dance hall at all,and he has referred to it as a special event space. Trustee Trilling stated that,if it will be as successful as it is hoped to be,so as to eliminate a huge crowd of people where everyone would not be able to enter,and then could possibly congregate in the parking lot,perhaps tickets could be sold online in advance. Trustee Stone suggested calling it a social hall. President Hartstein polled the Board as to whether this should be dealt with at the Board level or the Plan Commission level: BOARD: Braiman,Glover,Berman,Trilling, Stone,Sussman PLAN COMMISSION: None Moved by Sussman,seconded by Stone,to set this for a Public Hearing when staff and Mr.Feldgreber have the appropriate information available. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman NAYS: 0—None Motion declared carried. NEW BUSINEESS Trustee Stone made the following statement: At this time I am bringing a motion to amend the previously adopted minutes of May 18 2009,under the heading or topic of Comcast Communications Cable Television Franchise,as a material omission was noted, specifically I am moving that the minutes of May 18,2009 reflect the following omitted statements: 12237 09/08/2009 From 5/18—(Approved on June 1,2009) Trustee Stone: These areas that are annexed in and new parcels that are being developed,I find it concerning that if it's an area that we're taking into Buffalo Grove and now is Buffalo Grove,that we treat them fully as Buffalo Grove. It looks like we're pretty good customers to Comcast. We're getting 5%of the revenue per year,which was$568K in 2008,that means that we're really good customers. I'm feeling that we're in a position that we can say to Comcast that these are areas that now belong in BG and we want them treated fully as BG,not to have to go get a tape from Village Hall or go to a special channel...it's like an adoption,they're BG now. I'm hoping that we can do something like that,because it feels funny to have communities that are now part of our community,but we're treating differently. Mr.Nelson: Last year he agreed to revisit it at this time. He says there's mechanisms in this agreement that give them a wider berth to make this happen. Trustee Stone: I echoed others asking to make the protection of channel 6 more stringent to secure channel 6 will stay ours,and I repeated that the 79 homes are currently not part of our system. Additionally, I am bringing a motion to amend the previously adopted minutes of:May 18,2009. The minutes of May 18,2009 are dated with varying erroneous dates of May 4,May 18 and May 19. I ask that the dates be amended to their actual date of May 18,2009. I am also proposing for the sake of clarity as the public has expressed confusion in reading the minutes,that we include the heading of new business in the Minutes,as it is listed in the Agenda. I am requesting that my motions be contained in the minutes of this meeting. This request will be placed on the agenda for the September 21,2009 meeting. EXECUTIVE SESSION Moved by Berman,seconded by Braiman,to move to Executive Session for the purpose of discussing Pending Litigation, Section 2(c)(11)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. The Board moved to Executive Session from 12:05 A.M.until 12:16 A.M. ADJOURNMENT Moved by Glover,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried,and the meeting was adjourned at 12:16 A.M. cl Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 21 sT DAY OF September ,2009 Village President