2009-10-19 - Village Board Regular Meeting - Minutes 12263
10/19/20009
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,OCTOBER 19,2009
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Trilling,Stone
and Sussman.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy
Village Manager;Scott Anderson,Finance Director;Katie Skibbe,Assistant Finance Director;Art Malinowski,
Human Resources Director;Robert Pfeil,Village Planner;Gregory Boysen,Director of Public Works;Brian
Sheehan,Village Health Officer;Police Chief Balinski;Police Sgt.Husak;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Braiman,to approve the minutes of the October 5,2009 Regular Meeting. Upon
roll,Trustees voted as follows:
AYES: 5—Braiman,Glover,Berman,Trilling,Sussman
NAYS: 0—None
ABSTAIN: 1 -Stone
Motion declared carried.
WARRANT#1131
Mr.Tenerelli read Warrant#1131. Moved by Berman,seconded by Braiman,to approve Warrant#1131 in the
amount of$2,494,667.65,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 welcomed the Civics Forum students from Buffalo Grove and Stevenson High Schools as they
observe our meeting in preparation for their Civics Forum on Monday,October 26,2009.
President Hartstein congratulated the Arts Commission for the recent Little Limelight program. It was a
tremendous program and he congratulated all of the young people who participated.
President Hartstein briefly reviewed current Legislative issues,and reminded and encouraged people to contact our
legislators to express their views.
TRUSTEE REPORTS
Trustee Sussman announced that there will be a Flu Shot Clinic at Village Hall in conjunction with Northwest
Community Hospital on October 24,2009. President Hartstein added that there is a severe need for people qualified
to administer the vaccines,and he urged anyone with a medical background who would be able to help out in this
way,to contact the Village Hall to be connected with the proper authorities.
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The Village Clerk briefly reviewed the Civics Forum to be held next Monday evening,October 26,2009. The
participants in the Civics Forum are here tonight to observe a meeting,and each of them introduced themselves to
the audience and the Board. -
VILLAGE MANAGER'S REPORT
Mr.Brimm noted the submittal and posting to the website and the e-library of the Monthly Management Report
for September,2009;there were no questions on the report.
Mrs. Skibbe presented the Buffalo Grove Days Financial Report,details of which are contained in the Village
Board Meeting Agenda Item Overview that she prepared,after which she answered questions from the Board. Fund
raising was down this year,but the committee did an excellent job of holding expenses way down and still providing
some top-notch entertainment. President Hartstein thanked Mrs. Skibbe for the report,as well as the entire
committee and all the participants who worked so hard to make the event such a success.
Mike Terson,representing the Buffalo Grove Park District,extended thanks and congratulations to the entire Board
and staff and volunteers for what he thought to be the best Buffalo Grove Days event ever. The Park District not
only provides Emmerich Park for the weekend,but also hosts several events throughout the festival.
Mr.Terson noted that the Buffalo Grove Park District was a finalist in the Gold Medal,which is the National
Parks and Recreation Association's top award. Although Buffalo Grove did not win,it was a great experience,and
part of the process was the submittal of a video. Mr.Terson put the video together,and found that it was very
challenging to represent Buffalo Grove in only twelve minutes. Consequently,he produced a twelve-minute video
for presentation,but he decided to do an extended version of the CD to be included in the welcoming materials that
the Park District sends to new residents. Mr.Terson distributed copies to the Board as well as those in the audience.
The Park District believes this is a true representation of our community,and they are proud of it.
President Hartstein noted that,even though the Park District did not win the Association award,they have won the
hearts of the residents of Buffalo Grove because everyone in the community knows and appreciates the great
programs and services that the Buffalo Grove Park District provides to the citizens and families of Buffalo Grove.
PUBLIC HEARING—eSkape FAMILY ENTERTAINMENT
President Hartstein re-opened the continued Public Hearing for Amendment of Special Use,eSkape Family
Entertainment Center,350 McHenry Road,at 8:00 P.M. President Hartstein then swore in Bill Feldgreber,
managing partner for eSkape Entertainment Center,and Linda Shore,to give testimony at this Public Hearing.
Mr.Feldgreber made a presentation to the Board,summarizing the current business at eSkape,and reviewed the
changes they are looking to make,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Pfeil. The request is to put in an arena. This will be the former laser tag area;the
footprint of this space will not change. Friday nights are proposed to be for the over-21 crowd,and Saturday nights
will be alcohol-free in the arena and focus on the 17-24 year old crowd. Other than those nights,the space will be
used for corporate and other events,just as any of their meeting rooms are currently used. Mr.Feldgreber is in
agreement with the occupancy limit proposed by the Fire Department,and he is also in agreement with the licensing
class stated. With regard to the Special Use criteria,he noted that the six points are basically the same answers as he
gave when the facility was opened;nothing has really changed with regard to the criteria for a Special Use.
President Hartstein noted that there are actually two Public Hearings,one is for the Amendment of the Special Use,
and the second is for the text amendment concerning uses allowed in a Family Entertainment Center.
Mr.Raysa stated that the purpose of the Public Hearing is for the petitioner to explain to the Board and the public
how he meets the criteria for a Special Use.
Mr.Feldgreber stated that he is not changing anything,and he does not understand the reason for a Special Use.
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Mr.Feldgreber answered the six criteria questions:
1. It will allow more activities for the public;increase the age range into the facility;and add another activity
into the building.
2. The laser tag arena,which is approximately 3,400 square feet,will be moved to the back of the building
and a dance arena will be placed in the same square footage area.
3. Mr.Feldgreber does not feel the change will diminish the area or the neighborhood;he believes it will add
value to the area by having more activities for the residents.
4. The exterior building as it stands will not change in structure and size;the only change will be the change
of the laser tag arena by converting it into a special events venue.
5. All the accessibility parking on the outside of the building will remain the same;there will be no changes to
any of the physical structure or utilities within the building or outside of the building.
6. All fire lanes,parking spaces and handicapped spaces will stay as they are based on the proposed use
change.
Chief Balinski made a presentation with regard to the Police Department research into the proposed use,details of
which are contained in his memo to Mr.Brimm and Mrs.Neukirch of September 2,2009,Commander Husak's
memo to him of August 24,2009,and his memo to Mr.Brimm of October 14,2009. Chief Balinski pointed out that
the report is not a reflection on the management of eSkape,but it brings to light the issues the community could
experience when there are four common elements:
1. A large group of people gathering in one place specific to weekends.
2. Age groups of 17-21 years of age.
3. Lack of parental supervision.
4. The clientele and the visitors beyond the teenagers and young adults of Buffalo Grove that will visit this
type of establishment.
The common concerns expressed with dance clubs are:increase in criminal activity,specifically drug abuse;alcohol
violations;gang activity;criminal damage to property;vandalism;public nuisances;increase in traffic crashes;
possible impaired drivers that could leave the establishment;safety of both Buffalo Grove police officers and
citizens.
The reason that Buffalo Grove Days is so successful is based upon the presence of a large group of officers and pre-
planning of all the resources of the entire Village. There is a strategic police presence deployed that includes
modifying manpower schedules,paying overtime,and utilizing the services of other agencies. There would clearly
not be the same manpower and financial resources available that could be applied to a dance club setting on a
weekly basis. A response to a large disturbance at any establishment would have a negative impact on police
operations and directly impact the police coverage that is provided on a 24-hour basis to this community. The types
of crime that could be experienced will affect the community as a whole. There will be an increase in gang activity.
Dance clubs that target teenagers and young adults in a large group setting without proper parental supervision will
lead to an increase in criminal activity,specifically to drug and alcohol abuse,gang activity and an increase in
property crimes. The presence of additional officers will not rectify these problems,but only minimize some of the
concerns. On behalf of the Police Department,they will handle any issue and address any issue and support the
policy of the Board,and if this is passed,they will work very closely with eSkape authorities and make this a safe
community.
Commander Husak reviewed his research into similar establishments in neighboring communities,details of which
are contained in his memo to Chief Balinski of August 24,2009. This proposal is somewhat different because it is a
part of other activities that take place at eSkape,as opposed to the others which are just bars that cater to dancing.
Chief Balinski stated responses from other Chiefs were very similar in that the issue is the type of clientele that it
attracts from outside the community,
Trustee Braiman confirmed with Chief Balinski that the teen dance night at Buffalo Grove Days was discontinued
because,even with all the gang intelligence and police presence,there were problems mostly associated with people
that did not live close to the community.
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In answer to a question from Trustee Stone,Mr.Feldgreber confirmed that Friday night will be for 21 and over,and
Saturday night will be 17 and over,and will be alcohol free.
Rob Sherman,shares the concerns of the Chief;his experience in patronizing eSkape is that,if there is anyone in the
Village that is the epitome of a good businessman,it is Mr.Feldgreber;he runs an outstanding venue;he does not
believe that Mr.Feldgreber would tolerate having an activity at the site that would degrade the rest of his property;if
anything negative were to occur,he is sure Mr.Feldgreber would immediately discontinue any activities that are
harmful to the rest of his facility and the community;he trusts Mr.Feldgreber to get this right.
Chief Balinski said the Police Department research did not provide any similar facilities that are a part of a larger
multi-use facility.
Allan Regas,27 Chevy Chase Drive,stated that he wanted to be sure that the Police Department did a wide enough
survey to be sure that communities that may have hosted enterprises such as this and may not have had the type of
problems outlined by Chief Balinski in his report were included. Chief Balinski stated that they reviewed all similar
types of establishment that they were aware of,and if anyone has any others,the Police Department would be more
than happy to research them as well.
In answer to a question from Trustee Berman,Chief Balinski confirmed that the Deputy Chief in Elgin reported that
the Elgin Police Department has not had many issues with the club in their town.
Jim Pawlak,628 Hickory Drive,questioned what caused some of the other establishments to be closed,and what
was the seriousness of the crimes associated with the establishments,and how many crimes were gang related.
Chief Balinski replied that with regard to the Schaumburg facility,there was increased gang activity,increased drug
abuse,as well as a fatal shooting. The Des Plaines facility had increased gang and drug activity. The Palatine
facility had increased gang activity,drug abuse,alcohol abuse,fights and public nuisances.
Mr.Raysa clarified and confirmed that the correspondence referenced was the memo dated September 2,2009 from
Chief Balinski to William Brimm entitled Dance Club Review—Eskape;the memo dated October 14,2009 entitled
Dance Club Supplemental Review—Eskape,directed to the Village Manager;the letter dated September 24,2009
from the Des Plaines Chief of Police;two memos from Commander Husak to Chief Balinski dated August 24,2009
and October 15,2009. Chief Balinski confirmed that Mr.Raysa is correct with regard to all the memos.
Mike Terson,5 Beechwood Court,stated that he is not representing the Park District,but he is representing himself
as a citizen. With regard to age range,Mr.Terson asked if all of the other establishment researched the same age
range being proposed tonight.
Commander Husak stated that there are only a few of these types of establishments either currently or previously in
operation;the age limits ranged from 16-23,some prohibited alcohol consumption,while others did permit
alcoholic beverages.
Trustee Braiman noted that his recollection from when he previously represented a club as to the reason for closing
was that there was a severe amount of pressure from the city who threatened to close them and take away the
business license,so it was no longer worth it,and they walked away from the project;it was not economics,but
pressure from the village because of the criminal problems that were occurring.
Trustee Berman referred to the October 15,2009 memo from Commander Husak,and asked if the Police
Department believes that,if this proposal is approved and if all recommendations are taken into account,the
proposed venue could function in community.
Chief Balinski stated that exercising good security management practices could minimize some of the reports
forwarded;he does not believe gang presence and drug abuse can be resolved;he believes the problems could be
minimized,but never eliminated. The Chief does not believe that another establishment such as a bowling alley
would bring in the number of patrons as would the dance venue,so it would be difficult to compare the two.
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In answer to a question from Trustee Berman,Chief Balinski stated that he believes the eSkape authorities would
have to implement the security recommendations of the Police Department,as well as surveillance and suggests that
�./ there be a period of review so that issues could be reviewed by the Police Department. Security recommendations
are that there must be a police presence at all times. The Department would want input as to the operating hours of
the establishment. The Department would want to assist in training security personnel,specifically with regard to
false identifications,gang signs and dress,physical impairment,the number of people in the facility,and they would
be very interested in some type of surveillance system. It is suggested that eSkape pay for the police presence
during the hours in which the teen club is operating as a dance club. The Department would want to closely monitor
the operation in terms of whether there has been an increase in crime,whether there has been an increase in any type
of violence,and whether there has been an increase in neighborhood complaints,as well as an increase in traffic
incidents. The Police Department recommendation as a condition for the Special Use would be a"one strike—
you're out"provision;this recommendation would be in addition to the recommendation that the Special Use would
be reviewed in one year.
Trustee Trilling noted that,with the group of teenagers in the audience tonight,the Board has a unique opportunity
to gain insight as to the prospective from the point of view of those who might frequent this establishment.
David Bruk stated that,in his experience,it was not the"good"students that frequented these type of clubs,but it
was the kids who drank and did drugs that would be the likely patrons;he is concerned that that the type of kids that
do get involved in alcohol and drugs would travel from neighboring communities to this facility. If there were kids
that were kicked out of eSkape,they would likely go somewhere else to continue the same behavior.
Miss Soni stated that she does not think this is a good idea;she has been to similar clubs and she left within 20
minutes;the"bad"kids are the ones that tend to hang out in this type of setting. It concerns her that there would be
birthday parties for smaller children in the same facility as the dance club. Also,she believes that the strong police
presence might scare people away and perhaps hurt other businesses in the area.
Bjorn Schwarzenbach stated that the teen group present tonight is exceptional;he believes that the economic aspect
must be taken into account as this could provide more income and more jobs for the Village;he has been to a club in
Germany and the security was amazing and you had to surrender your passport upon entering the facility.
Chris Towner stated that he has been to similar clubs;the security at eSkape is much different than at clubs;eSkape
is a family entertainment center,so there is a different setting than there would be at a bar;eSkape has done a good
job of keeping the clientele at a mature level later in the evening.
Evan Pfeiffer,stated that if the birthday parties cease before the dance club begins,the problem can be controlled;
most birthday parties are held earlier in the day.
Another teen stated that the reason to go to clubs is to relieve stress,and if there is a way to turn this into something
positive,it may help the police in long run because the kids would be getting together and having good time rather
than hanging out at home perhaps doing drugs;they would be gathered together just having a good time.
Miss Rizzio stated that her concern is that eSkape is being unfairly compared to other establishments in the area;the
other establishments are clearly dance clubs and that is the crowd that they cater to,while eSkape is a very family-
friendly establishment and the type of crowd that would be brought in would be more family oriented;since there
are no similar establishments in this area,maybe the research should expand to compare similar venues in other
parts of the country.
Another teen stated that she had been to a unique club,as it was a restaurant by day,but a dance club beginning at
11:00 P.M.,however,at midnight,everyone under 21 was required to leave;she believes that controlling underage
alcohol consumption would be to have strict time constraints;if teenagers want to drink,they will find a way to
drink;she is concerned that this could have a negative impact on the reputation of eSkape;on the one hand,she
supports the proposal because it would be fun for the older teenagers,but at the same it can have a negative impact
on family reputation of eSkape and the Town Center and might cause a parent to reconsider having a birthday party
for a ten-year old at eSkape.
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Another teen stated that the Town Center has recently died down,and more people are frequenting Deer Park;the
dance club at eSkape could be a good experiment to see if there is a positive or negative impact on the Town Center.
Trustee Trilling thanked everyone for sharing their thoughts and noted that it has helped him frame the way a 17-
year old would view this proposal. The Board wants to provide a community and an environment that is safe and
yet enjoyable for their age group.
In answer to a question from Trustee Stone,Chief Balinski stated that there is more concern with the 17-20 year old
age group because of the alcohol use. In the over-21 year old age group the concern is specific to drug use and gang
presence and activities.
Trustee Sussman asked how many officers would be necessary inside eSkape and how many in the parking lot in
order to ensure safety. Chief Balinski stated that his preference would be two uniformed officers minimum inside,
and minimum of two,preferably four,officers in the parking lot. The Chief's concern with the parking lot is that it
expands far beyond the eSkape location;his biggest concern is what's going on outside,and who we're attracting.
Trustee Glover believes that the 17-24 age group is too broad a spectrum;she asked if the Chief would be more
comfortable if the age group were limited to 17-20 year olds. Chief Balinski stated that would certainly help,but
there are still issues.
Trustee Glover stated that she has spoken with people who noted that they would sit out in their cars and drink
vodka before entering an activity;her concern is that the kids are sitting in their cars and could get any kind of drugs
or alcohol that they wanted. Trustee Glover believes that there should be two off-duty officers inside,and two to
four off-duty officers outside so that police protection is not drawn away from the rest of the community.
Chief Balinski stated that there is a smaller staff on the night shift,and if there is a disturbance at any facility,the
police presence in the rest of the community is reduced by about 75%for two-three hours. The Chief is more than
willing to try this with two uniformed officers and the Police Department will decide the deployment of those
officers based upon the cooperation of eSkape officials. If the petitioner and the Department work as a cooperative
team,there are ways to reduce the staffing issues,but that still does not respond to a disturbance with a large group
of people.
Trustee Glover suggests that the security people hired by eSkape be trained by the Buffalo Grove Police Department
and be in full security uniform. Chief Balinski agreed.
Trustee Stone stated that she is torn because she believes that there should be fun places for kids to go,and she does
believe that the Buffalo Grove Police Department can handle and fight this,and possibly this could be an
opportunity in this area to show and demonstrate that we can battle this kind of war,and that we do not have to shut
the doors down everywhere because we have to hide from what is a very real problem.
Chief Balinski stated that it would be a challenge related to drugs and gang activity which is not always recognizable
to the common eye;to handle it appropriately,staff would need to be increased and he knows that is not realistic;
based upon the resources currently available,the Department would make every attempt to curtail and minimize
illegal activity,but it is a challenge where no law enforcement agency would be able to get 100%compliance;there
will always be the challenges;it can be reduced and minimized,but it will never be resolved.
Frank Ladonne, 34 Chestnut Terrace,stated that Mr.Feldgreber knows how to run his business;he runs a quality
business;no one wants to see the police picture coming true,but the business prides itself on being business
friendly,and he believes Mr.Feldgreber should be given the benefit of the doubt,and he would suggest that the
Board grant a conditional approval;there is a background on police involvement at eSkape,so there is a way to
monitor whether that base line is increased and action can then be taken;he does not believe it makes sense to take
action supposing something is going to occur;he appreciates the efforts of the Police Department in keeping the
community safe.
Rob Sherman wants there to be a place for the good kids and the honor students to gather and have a good time;we
shouldn't shut down kids' lives because there are some bad people in other communities that might show up here;he
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wants the bad people to think that Bill Feldgreber is such a jerk that he will not tolerate what goes on at other dance
clubs,and that our community runs a good place that does not tolerate this type of thing;he would like to see this
�./ plan approved so that we can say that we have our standards and we will not allow illegal activity and we will have a
good place for our students who are good citizens to gather and have a good time.
Mike Terson,5 Beechwood Ct.,stated that there are some inconsistencies between what was presented on
September 8,2009 when this was discussed and tonight. Mr.Terson stated it has been stated that this is needed
because there is nothing for kids to do;he believes that there are many recreational activities for teens in our area;
there needs to be a clearer definition of children/kids/teenagers;the references to high schools implies that we are
talking about a much younger crowd than is Mr.Feldgreber;no matter how you try to keep drugs out of this venue,
it is unavoidable. Mr.Terson stated that he has worked at well-known night clubs in the Chicago area,as well as
patronized teen clubs as a minor,and it is his experience that no matter how hard you try to keep out an unwelcome
element that sells drugs to minors or adults,in an establishment like this,it is unavoidable;he would welcome an
explanation as to how one could successfully keep people from selling drugs in such a facility,as well as in the
parking lot outside of such a facility.Mr.Terson also suggested that if any Trustee has any sort of a relationship
with the petitioner,they should recuse themselves from the discussion.
Mr.Feldgreber reviewed statistics of dance clubs that have been referenced,noting that the facilities referenced are
many times the size of the proposed 3,500 square feet. Everyone drinks in the car or parking lot before going into a
club,simply because it is cheaper. Friday night will be for 21 and older with alcohol allowed;there will be no
alcohol at all on Saturday night. Birthday parties are held during the day;the dance club would open at 9:00 or
10:00 P.M.and there are no small children or families in the facilities at that time. There are seven security persons
on staff,all in uniform,who know how to confirm ID's. Opening this facility will cost approximately$75,000,so
the concept of a trial basis is not something that he would be willing to accept;he is going to do everything he can to
make sure that there is not a risk factor. They solved the issue of kids just hanging out when they first opened
eSkape;there are ways to handle issues,and they have the knowledge to do this. Six off-duty police officers would
be out of the question economically. Security is of prime importance to him as well,since he wants to protect his
facility,but the security and who is paying for it needs to be realistic. With regard to other businesses in the Town
L Center,there are only two or three other businesses open after 9:00 P.M.in the center,and two of them are bars,so
the disruption to other businesses is not an issue. The establishment right next store sells alcohol,so Mr.Feldgreber
cannot take full responsibility for everything that goes on in the parking lot.
Trustee Trilling stated that he wants to give Mr.Feldgreber every opportunity to succeed;he believes this can be a
good opportunity for students to enjoy themselves. Mr.Feldgreber reviewed how the arena/dance club area would
be physically constructed;the clientele will be mostly standing,but there will be a few tables and chairs.
Mr.Feldgreber reviewed the methods that they will use to ensure that there is no underage alcohol consumption,and
how they have security people continually walking around;once someone leaves the dance club and tries to re-enter,
they will have to clear security again;strict security training will be strictly enforced;if someone is under the
influence,they either try to find a friend to drive,or they have a list of taxis and the personnel will hold them at the
entrance and call a taxi for them. Beverages inside the arena will be soft drinks either in cans or bottles;there will
be no glasses with ice allowed inside that area,which is actually what they currently do;the only thing allowed in
the arena will be what is sold in the arena.
Trustee Berman stated that the Board previously heard that multiple video games in eSkape were dangerous,and
history has proven that some of that is overstated;he believes we need some concrete details about precisely how far
Mr.Feldgreber would be amenable to restrict a Special Use;it does not have to be all or nothing;there are
intermediate steps;he would like to see a set of criteria that would allow the proposal to open,that would allow the
Special Use,and give the petitioner the opportunity to move forward with the project,but address some of the very
legitimate issues raised by the Police Department. Trustee Berman credits Mr.Feldgreber with stepping up and
running a successful business in the community,and he believes it is incumbent on the Village to try to work out an
arrangement that is a conditional Special Use. Trustee Berman would like to see Mr.Feldgreber sit down with staff
and with the Police Department and develop a concrete security proposal.
Trustee Berman noted that,in the past,he once represented someone who sued Mr.Feldgreber.
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Trustee Berman stated that he thinks that Mr.Feldgreber has a tremendous incentive,but it is a new venture and it
does have some perils and he would need to see them constructively addressed before he can vote affirmatively.
�•/ Trustee Sussman agrees with most of what Trustee Berman stated,but she does have some questions;she wonders—
where will Mr.Feldgreber will advertise. Mr.Feldgreber answered that he will advertise widely,and he believes
that it is good business to bring outsiders in to the Village and increase the volume of traffic into the Village.
Trustee Sussman stated that,if this goes through,she hopes that the facility does get a lot of business,but she is also
a little afraid of who might be coming in to the facility. There are many variables involved all at the same time that
are difficult to control. If we can implement what Trustee Berman said,perhaps that will solve some of the
problems that we have with the proposal.
Linda Shore said they have hundreds of teenagers in the facility every weekend and they have handled it well.
Trustee Stone agrees with Trustee Berman;Mr.Feldgreber has consistently shown the community that he walks the
walk;her initial response to the proposal was to question why anyone would not want dancing because it is healthy;
she has spoken to Chief Balinski regarding the drug issue,but whenever there are groups of teenagers,that
possibility exists;Mr.Feldgreber's reputation precedes him. Trustee Stone asked if there is a zero tolerance policy.
This could be a wonderful thing for the community if the proper protection is lined up.
Mr.Feldgreber stated that they will continue to operate in the same manner that they have used in the past. They
have had issues with drugs and alcohol;they have called the parents and gotten them involved so the parents know
what is going on and can help their children. They sometimes call the police or 9-1-1,depending on the severity of
the situation. Mr.Feldgreber stated that he goes to the parents first because that is where it needs to start,and it has
been effective. If there were any drug dealing,the Police Department would be brought in immediately.
Trustee Braiman pointed out that the issue is not with the user,but with the use,which is what he is concerned
about;he does not look at it as a dance club,but he looks at it as a hangout.
Mr.Feldgreber stated that it is too early to have much of a marketing plan;he would market through social
networking,possibly going to radio and newsprint;he again reviewed the time and age limits for Friday and
Saturday nights;the rest of the facility will also be open when the dance arena is open.
Trustee Braiman stated that he is concerned that this proposal will bring the crowd to a different level;we hire
experts such as the police chief to offer their expertise,and it is incumbent on the Board to listen to them,and they
are saying that this will create problems,and he is not sure why this environment should be created where everyone
acknowledges that there will be increased criminal activity;he believes this is a bad idea,and he believes that it
could negatively impact the rest of the eSkape business.
Trustee Glover questioned the special days and variety of ages that are referenced in a memo. Mr.Feldgreber stated
that a special day for him would be a day where there is no school the next day. Trustee Glover stated that,if that is
the case,there are many nights that would fall into that category,and she is concerned that this will end up being
more than the initially anticipated Friday and Saturday nights. Mr.Feldgreber stated that initially it will just be
Friday and Saturday nights,and if it is successful,he would look to expand. Trustee Glover stated that has to be
something that the Village approves;she agrees with Trustee Berman with regard to working out a concrete security
plan.
Mr.Feldgreber reviewed his plan for the possibility of a line of people waiting to enter the arena,noting that there
will be a security person outside and one at the entry and two in the arena;he also reviewed the plan for allowing
people entering and exiting so as to curtail patrons going out to the bar several times to get a drink and then
re-entering.
Trustee Glover stated that the onus to control the situation so that there are not issues is on Mr.Feldgreber;she
asked if he would be willing to stipulate that,if there are major issues that are not controlled,the Village can then
take control and do what needs to be done.
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Mr.Feldgreber stated that he believes they can come up with something that can work;he believes a"one and out"
policy is impossible;if things get out of hand,he would close the venue down before the Village could close it down
�./ because he will not let the rest of eSkape fail because this concept does not work.
Trustee Glover again stated that the onus is on Mr.Feldgreber to make sure that there are not issues,but at the same
time,the Village must have some control if there are major issues;we are going into foreign territory here.
In answer to a question from Trustee Sussman,Mr.Feldgreber explained the different colored bracelets,and noted
that they cannot be torn off or changed;security also has the opportunity to re-card or re-check upon re-entry..
Trustee Stone stated that Mr.Feldgreber has to be really tough regarding drugs and alcohol;his reputation is good;
his history speaks for itself.
Trustee Trilling would like to continue the Public Hearing until next meeting and have Mr.Feldgreber work with the
Police Department and staff and an elected official if desired.
Moved by Trilling,seconded by Sussman,to continue this Public Hearing until our next meeting.
Mr.Raysa noted a two-page document,unsigned,but represented as authored by Mr.Feldgreber dated September
25,2009,with five pages worth of petition for concept of preliminary plan review,and one a map of eSkape and
also a drawing of the arena and the mezzanine. Mr.Feldgreber confirmed that he authored those documents. Mr.
Raysa asked that these document be entered into evidence,along with the Village Board Meeting Agenda Item
Overview prepared by Mr.Pfeil,which also includes the police reports by Chief Balinski and Commander Husak.
President Hartstein noted these the above mentioned documents are accepted into evidence as part of the Public
Hearing.
Upon roll call,Trustees voted as follows on the motion to continue the Public Hearing:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
The Public Hearing was continued at 10:22 P.M.
PUBLIC HEARING—FAMILY ENTERTAINMENT CENTER ZONING
President Hartstein opened the Public Hearing for consideration of Amendments to the Village Zoning Ordinance
concerning uses Allowed in a Family Entertainment Center at 10:25 P.M.
Mr.Feldgreber stated that he is requesting that the proposed sentence to be added regarding the definition read as
follows: ...accessory activity may include dancing, business and social events. Mr.Feldgreber is requesting that
the word organized be removed,and after social events,there would be a period,striking the rest of the sentence.
Trustee Sussman stated that she prefers that the word organized remain in the definition,because that means that the
petitioner will adhere to everything that the Village proposes and put into the discussion to be had in order to come
up with a list of whatever is to be included in the arena.
Trustee Braiman stated that Mr.Feldgreber has made it clear that this proposal is different from all other clubs
because it is only 6%of the facility,yet the Village caps it at 10%,so that should not create a problem.
Trustee Braiman stated that this is an example of why these types of proposals should go before the Plan
Commission to deal with some of these issues so there is a list of all the proposals and suggestions for Special Uses
` when it is presented to the Board.
V
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Trustee Berman stated that he is certain that Mr.Raysa can create language that will be acceptable,and yet
incorporate the restriction so that this use for the arena does not expand and gobble up the remainder of the business.
Mr.Feldgreber said he is agreeable to that suggestion.
Moved by Trilling,seconded by Braiman,to continue this Public Hearing until the next meeting. Upon roll call,
Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
The Public Hearing was continued at 10:29 P.M.
1425 BUSCH PARKWAY
In deference to the petitioner,President Hartstein moved this item from XIV.A.on the agenda to this point on the
agenda;there were no objections to this change in the agenda.
Steve Hoffinan,Enrichment Enterprises,Inc.,reviewed the proposal for Go Play,proposed indoor play center, 1425
Busch Parkway,as a Special Use in the Industrial District,details of which are contained in the Village Board
Meeting Agenda Item Overview prepared by Mrs.Neukirch.
Mr.Hoffman stated that their programs are primarily one-hour segments,and children will not be there all day;
parents are required to accompany children up until age three.
Trustee Braiman questioned the parking accommodations;Mr.Hoffman stated that they would anticipate no more
than 20 people in the facility at one time.
Trustee Berman stated that there must be documentation from DCFS that indicates that they agree with the
assessment that this is not a day care facility;he also wants the petitioner to detail at the Plan Commission how they
are going to distinguish this facility from Schaumburg and their other facilities.
Moved by Berman,seconded by Trilling,to refer Go Play,proposed indoor play center, 1425 Busch Parkway—
Special Use in the Industrial District,to the Plan Commission for review,subject to the filing of a proper petition.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience;there were none.
CONSENT AGENDA
There is no Consent Agenda tonight.
ORDINANCE#2009-69—COMCAST
Moved by Glover,seconded by Berman,to pass Ordinance#2009-69,approving a Cable Television Franchise
Agreement between the Village of Buffalo Grove and Comcast of Illinois VI,LLC,subject to redrafted letter from
Mr.Nelson.
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Mrs.Neukirch presented a status report on the franchise agreement,details of which are contained in the Village
�./ Board Meeting Agenda Item Overview that she prepared.
Trustee Glover thanked Mr.Nelson for meeting with the Village to create a solution to the Columbian Gardens
subdivision service area by December 1,2009.
Trustee Braiman stated that the draft dated October 14,2009 does not provide for the tie in;he confirmed that the
October 15,2009 letter is binding. Mr.Raysa stated that he expects testimony that Mr.Nelson intends to commit
and make that mandatory. Mr.Nelson stated that he is committing to the December 1,2009 deadline,and
construction has already begun,and he does have the authority of the company to commit to that date and enter into
that agreement.
Trustees Glover and Berman amended the motion subject to receipt of a re-drafted letter from Mr.Nelson stating
that Comcast shall rather than intends.
Trustee Stone appreciates that they are tying Columbian Gardens in. Trustee Stone pointed out that,when Comcast
comes forward with the renewal for a contract,she does not believe it is incumbent on Village government to find
the language that Comcast was supposed to be giving us anyway. By contract,Comcast really had to tie in
Columbian Gardens because it is now part of Buffalo Grove. Mr.Raysa referenced the current franchise where the
agreement provides that all government access programming shall be provided to all subscribers,and in his opinion,
that means that all Comcast subscribers have to have the same service.
In answer to a question from Trustee Stone,Mr.Nelson stated that if there is a government agency programming
that the Village would like to receive,we should let Mrs.Neukirch know of that,and Comcast will research whether
or not it is feasible.
Trustee Trilling thanked Mr.Nelson for the meeting with Trustee Glover and Mrs.Neukirch. It was a very
productive meeting in which everyone tried to find out all the different alternatives that were available to us,and he
greatly appreciates the answer that we did get. Mr.Nelson also thanked the Village for their help with that.
President Hartstein thanked everyone involved,staff,Trustees Glover and Trilling,and Comcast,as the entire Board
is concerned with making sure that all of our citizens are served,and the bottom line is that we worked together to
solve the problem.
Andrew Stein, 17 Chevy Chase Drive,stated that it has not always been easy to get cable in the subdivision,and he
also thanked staff and Comcast for creating a solution.
In answer to a question from Rob Sherman,Mr.Nelson stated that FCC requires that government channels be
carried on the basic tier.
Upon roll call,Trustees voted as follows on the motion:
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ETHICS/ETHICAL BEHAVIOR
President Hartstein suggested that,in order to have a full and proper discussion on the proposals with regard to State
Officials and Employees Ethics Act,and a Code of Ethical Behavior and Conduct for Village Elected and Appointed
Officials,these items be deferred to a later date.
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Moved by Trilling,seconded by Berman,to defer consideration of Items XII.B.and C.on the agenda until the next
regularly scheduled meeting.
Trustee Berman stated that he needs to leave because he is ill.
Trustee Braiman suggested discussing these items next week after the Civics Forum.
Trustee Glover suggested that,if anyone has questions or comments,they send them to Mr.Brimm so they can be
reviewed before the next meeting.
Upon roll call,Trustees voted as follows on the motion to defer:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
RESOLUTION#2009-38-CLOSED SESSION MINUTES
Moved by Braiman,seconded by Berman,pass Resolution#2009-38,relating to the semi-annual review of closed
session minutes.
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.
Because of illness,Trustee Berman left at 11:00 P.M.
2010-2014 CIP
Mr.Anderson reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview that he prepared.
Mr.Anderson confirmed to Trustee Braiman that this is just a tool,and that,by accepting the program as it is,the
Board is not accepting any of the projects,as they all have to stand on their own.
Moved by Braiman,seconded by Glover,to accept the Capital Improvement Program from 2010 through 2014.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 -Berman
Motion declared carried.
ETHICS
Mr.Brimm reviewed some changes that were made to the proposed Ethics ordinance.
eSkape
Trustee Stone noted that she never knew Mr.Feldgreber until just before the election;he did not donate to her
campaign;her campaign filings were done properly.
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ADJOURNMENT
Moved by Braiman,seconded by Glover,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 11:15 P.M.
Janet M. Sirabian,Village Clerk
APPROVED BY ME THIS 2nd DAY OF November ,2009
W°11,7,6d -
Village President