2009-12-21 - Village Board Regular Meeting - Minutes 12304
12/21/2009
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 21,2009
CALL TO ORDER
President Hartstein called the meeting to order at 7:32 P.M. Members of Cub Scout Pack 79 led those present as
they pledged allegiance to the Flag. President Hartstein thanked the scouts for their assistance tonight.
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;Gregory Boysen,Director of Public Works;Robert Pfeil,Village Planner;Brian Sheehan,Deputy
Building Commissioner-Operation;and Joseph Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Braiman,to approve the minutes of the December 7,2009 Regular Meeting. The
Village Clerk noted a typo on Resolution#2009-44. Trustees Glover and Braiman accepted the change.Upon roll
call,Trustees voted as follows on the amended motion: •
AYES: 4—Braiman,Glover,Trilling, Sussman
NAYS: 1 —Stone
ABSTAIN: 1 —Berman
Motion declared carried.
Moved by Glover, seconded by Braiman,to approve the minutes of the December 14,2009 Special Meeting. Upon
roll call,Trustees voted as follows on the motion:
AYES: 4—Braiman,Glover,Trilling, Sussman
NAYS: 1 —Stone
ABSTAIN: 1 —Berman
Motion declared carried.
WARRANT#1135
Mr.Tenerelli read Warrant#1135. Moved by Braiman,seconded by Berman,to approve Warrant#1135 in the
amount of$2,712,294.57,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
On behalf of the Village Board,President Hartstein wished everyone a safe and Happy Holiday season and a happy
and healthy and prosperous 2010.
TRUSTEE REPORTS
The Village Clerk reported on voter registration and early voting dates for the February 2,2010 Primary Election.
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VILLAGE MANAGER'S REPORT
Mr. Brimm noted the submittal and posting to the website and the e-library of the Monthly Management Report
for November,2009;there were no questions on the report.
PUBLIC HEARING—FISCAL YEAR 2010 APPROPRIATION ORDINANCE
At 7:40 P.M.,President Hartstein called the Public Hearing for the Fiscal Year 2010 Appropriation Ordinance to
order. Notice of Public Hearing was published in the Daily Herald on December 11,2009.
Mr.Brimm briefly reviewed the purpose of the Public Hearing.
Mr.Anderson then made a presentation to the Board,details of which are contained in the Village Board Meeting
Agenda Item Overview that he prepared.
Staff then answered questions from the Board.
Jim Lovejoy,representing neighbors on Brandywyn Lane,expressed his concerns with the budget. Staff and
Trustees answered Mr.Lovejoy's questions.
President Hartstein asked if there were any further questions from other public bodies,members or the audience or
the Board;there were none.
President Hartstein adjourned the Public Hearing at 8:27 P.M.
PUBLIC HEARING—eSkape FAMILY ENTERTAINMENT CENTER
At 8:28 P.M.,President Hartstein noted that it has been requested that the Public Hearing for the Amendment of
Special Use,eSkape Family Entertainment Center 350 McHenry Road(continued from October 5,2009,October
19,2009,November 2,2009 and December 7,2009)again be continued until January 4,2010.
After brief discussion,it was moved by Trilling and seconded by Sussman to continue this Public Hearing until
January 4,2010. Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman
NAYS: 0—None
Motion declared carried.
At 8:40 P.M.,President Hartstein continued this Public Hearing until January 4,2010.
PUBLIC HEARING—FAMILY ENTERTAINMENT CENTER
At 8:28 P.M.,President Hartstein noted that it has been requested that the Public Hearing for consideration of
Amendments to the Village Zoning Ordinance concerning uses allowed in a Family Entertainment Center,350
McHenry Road(continued from October 5,2009,October 19,2009,November 2,2009 and December 7,2009)
again be continued until January 4,2010.
After brief discussion,it was moved by Trilling and seconded by Sussman to continue this Public Hearing until
January 4,2010. Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone, Sussman i'
NAYS: 0—None
Motion declared carried.
At 8:40 P.M.,President Hartstein continued this Public Hearing until January 4,2010.
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QUESTIONS FROM THE AUDIENCE
Andy Stein,Chevy Chase Drive,commended the Police Department and Fire Department for their outstanding
work in specific incidents during the last week.
Mr. Stein also commented on the statement made at the last meeting with regard to the proposed Ethics
Commission.The statement was made that current commissioners are unable to act honestly and objectively,and he
finds that comment most offensive.
President Hartstein reviewed the process by which members of the Ethics Commission will be chosen,and noted
that any resident is welcome to submit a Talent Bank application.
Adam Moodhe, 151 Mary Lu Lane,stated that our citizen volunteers are what make this Village great,and having
their integrity questioned in a public forum is a travesty.
Trustee Stone explained the intent of her statements at the last meeting,noting that she is not questioning the
integrity of the commissioners.
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 suggested that Item XI.B.be removed from the Consent
Agenda. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda.
Moved by Glover,seconded by Braiman,to approve the Consent Agenda,minus Item XI.B.
ORDINANCE#2009-85—MUNICIAL CODE
Motion to pass Ordinance#2009-85,amending Chapter BG-15,Size,Weight and Load,of Title 10 of the Village of
Buffalo Grove Municipal Code.
BUFFALO GROVE GOLF CLUB
Motion to authorize bid replacement and upgrading of air conditioning system AC-1 at the Buffalo Grove Golf
Club.
{ 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#2009-86-APPROPRIATIONS
Moved by Braiman,seconded by Glover,to pass Ordinance#2009-86,authorizing Appropriations for the Village of
Buffalo Grove for the period January 1,2010 through December 31,2010,in accordance with the memorandum and
documentation contained in Board packets dated 12/14/2009. Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2009-87—TAX ABATEMENTS
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Anderson. Mr.Brimm also provided a more detailed explanation of the abatement
concept.
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Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2009-88—MUNICIPAL CODE
Moved by Braiman,seconded by Berman,to pass Ordinance#2009-88,amending Sections 13.04.190 and 13.04.290
of Title 13 of the Village of Buffalo Grove Municipal Code,in accordance with the undated memorandum contained
in Board packets.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview that he prepared.
Upon roll call,Trustees voted as follows:
AYES: 6—Braiman,Glover,Berman,Trilling,Stone,Sussman
NAYS: 0—None
Motion declared carried.
ORDINANCE#2009-89—MUNICIPAL GAS USE TAX
Moved by Braiman,seconded by Berman to pass Ordinance 2009-89,adding Chapter 3.65,Municipal Gas Use Tax
to Title 3,Revenue and Finance,of the Municipal Code of the Village of Buffalo Grove, in accordance with the
memorandum from Mr.Anderson to Mr.Brimm dated 12/15/09.
Mr.Brimm introduced the proposed ordinance,
Mr.Anderson and Mr.Brimm further reviewed the proposed ordinance,details of which are contained in the Village
Board Meeting Agenda Item Overview prepared by Mr.Anderson.
Lengthy discussion ensued regarding the pros and cons of the proposed ordinance,with staff answering questions
from the Board.
Moved by Stone,seconded by Sussman,to table the motion. Upon roll call,Trustees voted as follows:
AYES: 3—Braiman,Stone, Sussman
NAYS: 3—Glover,Berman,Trilling,President Hartstein
Motion defeated.
Discussion on the proposed ordinance resumed
Moved by Braiman,seconded by Berman,to amend the motion to include a sunset clause so that the need for this
tax is reviewed annually, for gas and electricity consumption,effective 2/1/2010.
Moved by Braiman,seconded by Berman,to amend the motion for the exemption concept to be cited in the
ordinance for other governmental entities.
After further discussion,Mr.Raysa noted that a revised version of the proposed ordinance was placed on the dais,
and the revised version changes the date of implementation from 1/1/2010 to 2/1/2010 to allow North Shore Gas and
Nicor to have enough time to implement the taxes for collection.
Upon roll call,Trustees voted as follows on the amended motion:
AYES: 5—Braiman,Glover,Berman,Trilling, Sussman
NAYS: 1 —Stone
Motion declared carried.
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ORDINANCE#2009-90—ELECTRICITY USE TAX
Mr.Brimm introduced the proposed ordinance,and recommended that the amendments to Ordinance#2009-89 also
apply to this proposed ordinance.
Mr.Anderson reviewed the proposed ordinance,details of which are contained in the Village Board Meeting
Agenda Item that he prepared.
Moved by Braiman,seconded by Glover,to pass Ordinance 2009-90,adding Chapter 3.66,Municipal Electricity
Use Tax,to Title 3,Revenue&Finance,of the Municipal Code of the Village of Buffalo Grove,subject to inclusion
of a sunset clause and an exemption for other governmental units. Upon roll call,Trustees voted as follows on the
motion:
AYES: 4—Braiman,Glover,Berman,Trilling
NAYS: 2—Stone, Sussman
Motion declared carried.
KIDS&CO.INDOOR PLAY CENTER
Moved by Sussman, seconded by Glover,to pass Ordinance#2009-91,approving a Special Use for a recreation
facility in the Industrial District,Kids&Co.(formerly Go Play)Indoor Play Center, 1425 Busch Parkway.
Mr.Brimm introduced the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil.
Steve Hoffman,owner,answered several questions from the Board.
It was suggested that the motion be amended to include in Section 2.C.that the Special Use be terminated in the
event that more than 50%of the stock is sold or transferred. Trustees Sussman and Glover agreed to this
amendment.
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#22009-92—BUFFALO GROVE MARTIAL ARTS
Moved by Sussman, seconded by Berman,to pass Ordinance#2009-92,approving a Special Use for a recreation
facility in the Industrial District,Buffalo Grove Martial Arts,700 Armstrong Drive.
Mr.Brimm reviewed the proposed ordinance,details of which are contained in the Village Board Meeting Agenda
Item Overview prepared by Mr.Pfeil. Mr.Brimm pointed out that there was an amended draft ordinance provided
to the Board on the dais tonight.
It was suggested that the motion be amended to include language that the Special Use be terminated in the event that
more than 50%of the stock is sold or transferred. Trustees Sussman and Berman agreed to this amendment.
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.
RESOLUTION#2009-51—GAS USE TAX
Moved by Braiman,seconded by Berman,to pass Resolution#2009-51,approving a Municipal Gas Use Tax
Collection Agreement between the Village of Buffalo Grove and Northern Illinois Gas Company,d/b/a Nicor Gas
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Company,in accordance with the memorandum in Board packets,subject to the correction of the date to 2/1/2010,
and also inclusion of governmental exemptions. Upon roll call,Trustees voted as follows on the motion:
AYES: 5—Braiman,Glover,Berman,Trilling,Sussman
NAYS: 1 —Stone
Motion declared carried.
ORDINANCE#2009-93—TRIPP SCHOOL
Trustee Braiman explained the reason that he asked that this item be removed from the Consent Agenda.
Moved by Braiman,seconded by Trilling,to pass Ordinance#2009-93,amending Title 10 of the Village of Buffalo
Grove Municipal Code(Tripp Elementary School are Sign Regulations),modified so that Section 2. 14.restricts the
NO PARKING hours from 3:00 P.M.to 4:00 P.M.
Lengthy discussion followed,after which President Hartstein polled the Board as to the hours for parking
restrictions,and each Trustee indicated the hours that they would prefer:
Braiman -2:00 P.M.to 4:00 P.M.
Glover -2:00 P.M.to 4:00 P.M.
Berman -2:00 P.M.to 4:00 P.M.
Trilling -2:00 P.M.to 4:00 P.M.
Stone -2:00 P.M.to 4:00 P.M.
Sussman -2:00 P.M.to 4:00 P.M.
Trustees Braiman and Trilling amended the motion so that restricted parking hours of 2:00 P.M.to 4:00 P.M.on
both streets be inserted into all appropriate paragraphs of the document.
`./ 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.
DRAINAGE IMPROVEMENT PROJECT
Mr.Brimm reviewed the proposal,after which there was a short PowerPoint presentation.
Moved by Braiman,seconded by Berman,to authorize bid for a Villagewide Drainage Improvement Project,
provided for in the memorandum from Mr.Boysen.
Darrin Olson,project manager with Christopher B.Burke Engineering,Ltd.,proceeded to update the Board on the
progress of the study and of the engineering plans,as well as to describe the proposed improvements and provide an
estimated schedule for bidding and construction of the proposed projects.
It was noted that they are to be sure that there are an adequate number(minimum of six)of competent bids.
Upon roll call,Trustees voted as follows on the motion:
AYES: 6—Braiman,Glover,Berman,Trilling, Stone,Sussman
NAYS: 0—None
Motion declared carried.
Mr.Brimm stated that this will require public financing,and staff requests that they be able to begin working to
proceed so that the financing is in good order when the bid is awarded.
Moved by Berman,seconded by Braiman,to authorize staff to proceed with financing arrangements for this project.
Upon roll call,Trustees voted as follows:
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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.
EXECUTIVE SESSION
Moved by Glover,seconded by Stone,to move to Executive Session for the purpose of discussing Personnel,
Section 2(c)(1).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 11:55 P.M.until 1:32 A.M.
ADJOURNMENT
Moved by Trilling,seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried,and the meeting was adjourned at 1:32 A.M.
Jan Sirabian,Village Clerk
APPROVED BY ME THIS 4TH DAY OF JANUARY,2010
W,fie6V,Agoeycc.e____
Village President