2009-12-07 - Village Board Regular Meeting - Minutes 12292
12/07/2009
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,DECEMBER 7,2009
CALL TO ORDER
President Hartstein called the meeting to order at 7:30 P.M. Members of Bear Den#2 of Cub Scout Pack 36 led
those present as they pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Trilling,Stone and
Sussman. Trustee Berman was absent.
Also present were: William Brimm,Village Manager;William Raysa,Village Attorney;Ghida Neukirch,Deputy
Village Manager;Scott Anderson,Director of Finance;Art Malinowski,Director of Human Resources;Robert Pfeil,
Village Planner;Richard Kuenkler,Village Engineer;Carol Berman,Deputy Building Commissioner-
Administration;Brian Sheehan,Deputy Building Commissioner-Operation;Fire Chef Vavra;Police Chief
Balinski;Deputy Police Chief Wagner;Commander Husak;Carmen Molinaro,Director of Golf Operation;and
Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Trilling,seconded by Braiman,to approve the minutes of the November 16,2009 Regular Meeting.Upon
roll call vote,Trustees voted as follows:
AYES: 3—Braiman,Trilling,Sussman
NAYS: 1—Stone
ABSTAIN: 1—Glover
ABSENT: 1 —Berman
Motion declared carried.
WARRANT#1134
Mr.Tenerelli read Warrant#1134. Moved by Glover,seconded by Braiman,to approve Warrant#1134 in the
amount of$3,502,247.44,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
On behalf of the Village Board,President Hartstein wished everyone a safe and Happy Holiday season.
President Hartstein read a proclamation designating the month of December as Drunk and Drugged Driving(3D)
Prevention Month,and called upon everyone to support programs and policies to reduce the incidence of impaired
driving and to promote safer and healthier behaviors regarding the use of alcohol and other drugs this holiday season
and throughout the year.
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TRUSTEE REPORTS
Trustee Sussman thanked the Buffalo Grove Symphonic Band for another successful performance recently,which
included the debut of the Jazz Band,as well Unique Expressions,a special program for artists with disabilities.
Trustee Trilling urged residents to support the United States Marine Corps Toys for Tots program that is being
coordinated by the Buffalo Grove Police Department.
Trustee Trilling announced the Safe Run on Route 21,which is an effort coordinated by the Buffalo Grove Police
Department in concert with 14 law agencies to concentrate on the entire 40 mile length of Milwaukee Avenue to
focus on violations that endanger safety.
Trustee Stone thanked everyone who participated in the Blood Drive held this past weekend,noting that there were
a total of 74 units donated.
Trustee Stone stated that she has had contact with Channel 6,and she made several suggestions for using the
channel.
In answer to a question from Trustee Braiman,Mr.Brimm presented an update on the Road Projects currently
taking place in the Village,noting that the anticipated completion date is 12/25/09.
PUBLIC HEARING-TRUTH IN TAXATION ACT
President Hartstein called the Public Hearing for the 2009 Tax Levy Truth in Taxation Hearing to order at 7:50 P.M.
Notice of Public Hearing was published in the Daily Herald on November 25,2009.
Mr.Anderson made a presentation with regard to the Truth in Taxation Act—Tax Levy Determination(Calendar
2009 Levy),details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared.
President Hartstein asked if there were any comments or questions from any other public bodies,members of the
audience or members of the Board;there were none.
At 8:06 P.M.,President Hartstein adjourned the Public Hearing.
PUBLIC HEARING—eSkape
At 8:06 P.M.,President Hartstein re-opened the continued Public Hearings for Amendment of Special Use,eSkape
Family Entertainment Center,350 McHenry Road,and Consideration of Amendments to the Village Zoning
Ordinance Concerning Uses Allowed in a Family Entertainment Center(continued from October 5,2009,October
19,2009,and November 2,2009).
Mrs.Neukirch summarized the extensive amount of work by staff and the petitioner to coordinate the issues and
comments previously presented,details of which are contained in the Village Board Meeting Agenda Item
Overviews that she and Mr.Pfeil prepared.
President Hartstein swore in new witnesses Michael Houston and Tom Flanagan to give testimony,and reminded
previously sworn witnesses that they are still under oath.
There are seven conditions out of the 23 conditions requested by staff where the two parties do not agree,and Mr.
Feldgreber and the Board discussed those particular issues.
The first condition that was discussed had to do with the possible transfer of the business at some time,with Mr.
Feldgreber stating that,as long as staff is confident that any issues relating to a transfer would be held expediently,
he is in agreement.
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After discussion with regard to the pros and cons of mixing the under-age group with the over-age group,Mr.
Feldgreber stated that he will agree with Item F.,which will split the age groups into 17-20 on one night and 21 and
over on the other night.
Lengthy discussion ensued with regard to the number of events and how they should be determined. Mr.Feldgreber
stated that he will agree with the Friday and Saturday nights and the 10 holidays.
Mrs.Neukirch stated that both parties had agreed that all security personnel would provide a photo identification
that would be presented to the Police Department,and a thorough background investigation for every manager and
supervisor responsible for the arena within the facility would be conducted at the cost of the operator.
The next condition is the staff request that there be two uniformed Buffalo Grove police officers present.
Thomas Flanagan,Accord Protective Services,Inc.,presented a proposal that his company made to Mr.Feldgreber
to provide security in lieu of two uniformed Buffalo Grove police officers. The cost of security by his company
would be significantly less than two uniformed Buffalo Grove police officers.
Lengthy discussion then ensued with regard to possible solutions to this particular condition,with no concrete
solution being reached.
Another condition requested by staff is that all liquids be served in either paper or plastic.
The fmal condition related to revocation of the Special Use in the event of any material violation of the ordinance.
Mr.Feldgreber stated that he would agree as long as it is a mutually agreed upon provision.
Mr.Feldgreber stated that he has acquiesced in many areas,but with regard to the security,unless there is some type
of resolution,because of the fmancial impact,he would have to withdraw the petition.
It was determined that the two parties would again meet to try to come to an agreement with regard to security.
At 10:39 P.M.,it was moved by Trilling,seconded by Braiman,to continue this Public Hearing until 7:30 P.M.on
December 21,2009 in the Village of Buffalo Grove Council Chambers. Upon voice vote,the motion was
unanimously declared carried.
QUESTIONS FROM THE AUDIENCE
Steven Gorniak,resident,asked if the Village Board is going to regulate low-speed vehicles. Mr.Raysa stated that,
at this point,no determination has been made.
President Hartstein declared a recess from 10:41-10:52 P.M.
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;it was requested that Item XI.I.be removed from the Consent
Agenda for discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda.
Moved by Braiman,seconded by Glover,to approve the Consent Agenda.
ORDINANCE#2009-77—LIQUOR CONTROLS
Motion to pass Ordinance#2009-77,amending Chapter 5.20,Liquor Controls,and Chapter 9.28,Disorderly
Conduct,of the Village of Buffalo Grove Municipal Code.
Li
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ORDINANCE#2009-78—LIQUOR CONTROLS
Motion to pass Ordinance#2009-78,amending Chapter 5.20,Liquor Controls,of the Village of Buffalo Grove
Municipal Code,Section 5.20.072.B.
ORDINANCE#2009-79-LIQUOR CONTROLS
Motion to pass Ordinance#2009-79,amending Chapter 5.20,Liquor Controls,of the Village of Buffalo Grove
Municipal Code,Section 5.20.072.E.
RESOLUTION#2009-41 -PERSONAL PROPERTY TAX
Motion to pass Resolution#2009-41,regarding Corporate Personal Property Replacement Tax Distributions.
RESOLUTION#2009-42-COMMONWEALTH EDISON
Motion to pass Resolution#2009-42,approving the Commonwealth Edison Recreational Lease Amendment.
RESOLUTION#2009-43-BUFFALO GROVE PARK DISTRICT
Motion to pass Resolution#2009-43,approving an Intergovernmental Agreement between the Village of Buffalo
Grove and the Buffalo Grove Park District regarding Dog Park.
RESOLUTION#2009-44-CONTRACTUAL STREET MAINTENANCER
Motion to pass Resolution#2009-44,approving an Intergovernmental Agreement for State Participation in the
Village Wide Contractual Street Maintenance Project.
�•/ ASAP SUBDIVISION
Motion to accept Special Warranty Deed Conveying Ownership of Outlot A,ASAP Subdivision,Asbury Drive to
the Village of Buffalo Grove.
PUBLIC SERVICE CENTER
Motion to award bid for Public Service Center Interior Concrete Slab Replacement.
Upon roll call,Trustees voted as follows on the Consent Agenda:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
VENTILATION SYSTEM—PUBLIC SERVICE CENTER
Moved by Trilling,seconded by Glover,to reject bids as presented and authorize staff to re-bid this project and
obtain multiple bids. Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Trilling,Stone, Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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ORDINANCE#2009-80—LEVY AND COLLECTION OF TAXES
Moved by Braiman,seconded by Glover to pass Ordinance#2009-80,an ordinance for the levy and collection of
taxes for the fiscal year commencing on the 1st day of January,2010 and ending on the 31'day of December,2010.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Anderson.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
ORDINANCE#2009-81—CHILD DAY CARE HOME
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
Dana Friedman, 1345 Devonshire,is a direct neighbor of the petitioner,and she noted that she has a concern with
the traffic and safety issues that the proposed day care will create.
Ravi and Aarthi Upadhyayulla, 1347 Devonshire,reviewed their proposal and assured that they will make sure that
their clients do not violate any of the conditions imposed by the Village.
After lengthy discussion,it was moved by Trilling,seconded by Braiman,to pass Ordinance#2009-81,approving a
Special Use for a Child Day Care Home at 1347 Devonshire Road,in the R-9 District,with the caveat that there be a
review in one year,rather than the normal two year process.
Trustee Braiman amended the motion to require the petitioner to advise those who will be using the day care of the
location of the sex offender;Trustee Trilling agreed to the amendment.
Upon roll call,Trustees voted on the amended motion as follows:
AYES: 6—Braiman,Glover,Trilling,Stone,Sussman,President Hartstein
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
ORDINANCE#2009-82—MUNICIPAL CODE
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mrs.Berman.
Moved by Braiman,seconded by Trilling,to pass Ordinance#2009-82,adding Chapter 15.32 to Title 15 of the
Village of Buffalo Grove Municipal Code and Amending Section 15.04.020,in accordance contained in Board
packets dated November 19,2009.
Mrs.Berman expanded on Mr.Brimm's comments explaining the purpose of the proposed ordinance.
Trustees Trilling and Braiman agreed to amend the motion so that the ownership name of the business entity be
added to the contractor registration application,and also that the line for License#on the bottom of the form be
changed to read Registration #.
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Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
AGENDA
Moved by Glover,seconded by Trilling,to move Item XII.D.and J.to the next meeting. Upon voice vote,the
motion was unanimously declared carried.
RESOLUTION#2009-45—FY 2010 BUDGET
Moved by Braiman,seconded by Trilling,to pass Resolution#2009-45,adopting the FY 2010(January 1-December
31,2010)Budget for the Village of Buffalo Grove,in accordance with the budget that was presented to the Board at
the last meeting.
Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Anderson.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Trilling,Stone,Sussman,President Hartstein
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
RESOLUTION#2009-46—COOK COUNTY TAXES
Moved by Braiman,seconded by Glover,to pass Resolution#2009-46,requesting the County of Cook not to collect
the Loss in Collection on Taxable Property in the Village of Buffalo Grove,in accordance with the memo before the
Board dated November 19,2009.
Mr.Brimm reviewed the proposed resolution,as well as the next one,details of which are contained in the Village
Board Meeting Agenda item prepared by Mr.Anderson.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
RESOLUTION#2009-47—LAKE COUNTY TAXES
Moved by Braiman,seconded by Glover,to pass Resolution#2009-47,requesting the County of Lake not to collect
the Loss in Collection on Taxable Property in the Village of Buffalo Grove,in accordance with the memo before the
Board dated November 19,2009.
Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1 —Berman
Motion declared carried.
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FREEDOM OF INFORMATION ACT
Moved by Trilling,seconded by Braiman,to pass Resolution#2009-48,adopting the Village of Buffalo Grove
Policies and Procedures pursuant to the Illinois Freedom of Information Act.
Mr.Brimm reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared.
Mr.Raysa confirmed that the proposed resolution does comply with the Illinois State Statutes.
Trustee Stone amended the motion to add that,when it is a heavy FOIA request,it is automatically in the hands of
the head of the IT Department for a scan and that there be no less than two FOIA officers that receive the outcome;
there was no second to the amendment.
Moved by Braiman,seconded by Stone,to defer action on this item until the December 14,2009 Special Meeting.
It was suggested that the proposed resolution be passed,but could still be discussed and amended at a future
meeting.
Upon roll call,Trustees voted as follows on the motion to defer:
AYES: 4—Braiman,Glover,Stone,Sussman
NAYS: 1—Trilling
ABSENT: 1—Berman
Motion declared carried.
RESOLUTION#2009-48—STREET MAINTENANCE PROJECT
Moved by Stone,seconded by Trilling,to pass Resolution#2009-48,approving an Agreement for Construction
Engineering Services for the 2010 Village Wide Contractual Street Maintenance Project.
Mr.Brinun reviewed the proposed resolution,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Kuenkler.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
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2010 STRET MAINTENANCE PROGRAM
Mr.Brimm reviewed the proposal,details of which are contained in the Village Board Meeting Agenda Item
Overview prepared by Mr.Kuenkler.
Moved by Braiman,seconded by Glover,to award bid for the Calendar 2010 Village Wide Contractual Street
Maintenance Program to Peter Baker&Son Company in an amount not to exceed$1,372,587.89.
Upon roll call,Trustees voted as follows:
AYES: 5—Braiman,Glover,Trilling,Stone,Sussman
NAYS: 0—None
ABSENT: 1—Berman
Motion declared carried.
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 1:00 A.M.
Janr. Sirabian,Village Clerk
APPROVED BY ME THIS 21st DAY OF December ,2009
Village President