2000-08-07 - Village Board Regular Meeting - Minutes 10987
8/7/2000
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 AUGUST 7,2000
CALL TO ORDER
President Hartstein called the meeting to order at 7:36 P.M. Those present stood and pledged allegiance to the Flag.
ROLL CALL
Roll call indicated the following present:President Hartstein;Trustees Marienthal,Braiman, Glover and Berman.
Trustee Hendricks was absent.
Also present were:William Balling,Village Manager;William Raysa,Village Attorney;Ghida Sahyouni,Assistant
Village Manager; Scott Anderson,Assistant Finance Director;Art Malinowski,Human Resources Director;Phil
Versten,Communications Manager;Robert Giddens,MIS Director;Raymond Rigsby, Superintendent of Public
Works;Ed Schar,Director of Building&Zoning;Richard Kuenkler,Village Engineer;Robert Pfeil,Village
Planner;and Joe Tenerelli,Village Treasurer.
APPROVAL OF MINUTES
Moved by Glover,seconded by Berman,to approve the minutes of the July 17,2000 Regular Meeting,and the
July 24,2000 Committee of the Whole Meeting,and the July 25,2000 Committee of the Whole Meeting. Upon roll
call Trustees voted as follows:
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
WARRANT#915
Mr.Tenerelli read Warrant#915. Moved by Marienthal,seconded by Braiman,to approve Warrant#915 in the
amount of$3,254,950.56,authorizing payment of bills listed. Upon roll call,Trustees voted as follows:
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
TRUSTEE VACANCY
President Hartstein briefly explained the process followed by the Board in interviewing the candidates that applied
for the vacant Trustee position.
Moved by Glover,seconded by Braiman,to nominate Charles Johnson to fill the remaining portion of the Trustee
position vacated by the death of Trustee Reid. Upon roll call,Trustees voted as follows:
AYES: 5—Marienthal,Braiman,Glover,Berman,President Hartstein
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
President Hartstein congratulated Mr.Johnson and asked him to come forward as he was welcomed by the audience
and the Board. Mr. Johnson will be sworn in at the August 21,2000 Regular Meeting.
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ROUTE 83/ARLINGTON HEIGHTS ROAD
Trustee Berman noted that there had been a sign on Arlington Heights Road warning motorists that there was no
outlet north of Route 83;that sign has disappeared,and he is concerned that there will be an accident caused by
motorists making U-turns to get back onto Route 83 or Arlington Heights Road. Mr. Balling will investigate the
situation and report back to the Board.
GMIS AWARD
Mary Aim Walsh,representing IGMIS,reviewed the background of the GIMIS Annual Professional Award plaque
for the year 2000 as she presented the 2nd place award to Mary Libby,who was congratulated by the audience and
the Board.
Mr.Balling commended Ms.Libby,as well as Mr. Giddens and the Finance Department for implementing a
telephone conversion system,which was anticipated to have a payback in 4'/z years,and is now targeted to have the
payback in approximately 2`/2 years.
STORM DAMAGE/GOLF COURSES
Mr.Balling presented a report on the total cost of damages caused to the golf courses during May 18,2000 storm
that came through the Village, details of which are contained in the Village Board Meeting Agenda Item Overview
prepared by Mr.Molinaro.
BUSINESS RETENTION
Ms. Sahyouni gave a PowerPoint presentation highlighting the Overview of Phase 1,Business Retention&
Expansion Program,details of which are contained in the Village Board Meeting Agenda Item Overview prepared
by Ms. Sahyouni. President Hartstein thanked the staff and the volunteers who were involved in this project.
GOLDEN BISON
President Hartstein read a brief history of RMS Business Systems,and then presented the Golden Bison Award to
RMS Business Systems. Rick Rubenstein and Paul Zucker accepted the award as they were congratulated by the
audience and the Board.
LAKE COUNTY TRANSPORTATION IMPROVEMENT PROJECT
Chris Snyder,Deputy Project Manager of the LCTIP,presented a status report on the Lake County Transportation
Improvement Project.
President Hartstein recognized State Representative Mathias and Lake County Board Member Stolman,and thanked
them for the time they have devoted to transportation issues in our community.
President Hartstein again stressed to the LCTIP that Buffalo Grove has gone on record on numerous occasions in
support of the Route 53 extension which is believed to be the most efficient,viable and economical of the proposals.
QUESTIONS FROM THE AUDIENCE
President Hartstein asked if there were any questions from the audience;there were none.
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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. President Hartstein then read a
brief synopsis of each of the items on the Consent Agenda.
IG Moved by Berman,seconded by Braiman to approve the Consent Agenda.
ORDINANCE No.2000-41—Sign Code Variation
Motion to approve Ordinance No. 2000-41,granting a variation to Section 14.20.080,of the Buffalo Grove Sign
Code for the purpose of displaying a 35 foot inflatable balloon at St.Mary's School, 50 N.Buffalo Grove Road,on
Sunday 3,2000 during Buffalo Grove Days.
SANITARY SEWER CIIP LINING BID—Award of Bid
Motion to award the bid for contractual sanitary sewer repair work(Sanitary Sewer CIPP Lining).
HIGHLAND PARK HEALTH AND FITNESS CENTER—Fee Waiver
Motion to approve the fee waiver request for Highland Park Health and Fitness Center on behalf on the Walter
Payton Foundation.
PRAIRIE ROAD II—Approval of Plat&DIA
Motion to approve the Development Improvement Agreement&Final Plat of Subdivision for Prairie Road II
Subdivision.
GOLF COURSE MAINTENANCE EQUIPMENT—Award of Bid
Motion to award the bid for golf course maintenance equipment.
Upon Roll Call,Trustees voted as follows:
AYES: 4—Marienthal,Braiman,Glover*,Berman
NAYS 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
Trustee Glover recused herself from the vote on Ordinance No.2000-41. President Hartstein voted Aye on
Ordinance No. 2000-41.
ORDINANCE#2000-42-BANNERS
Moved by Glover,seconded by Berman,to pass Ordinance#2000-42,providing for the installation of boulevard
banners. Upon roll call,Trustees voted as follows:
�•/ AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
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FENCE VARIATION—2901 ACACIA TERRACE
President Hartstein stated that he had spoken with Mr.Pinsel and expressed to him that several Trustees have
requested that a provision be made that the fence be removed when the Pinsels transfer ownership of the premises.
Mr.Pinsel stated that he would be agreeable to that stipulation,as long as it is not required by law that the new
owners have a fence for any reason.
Moved by Glover,seconded by Braiman,to pass Ordinance#2000-43,granting a variation to Section 15.20.050 of
the Buffalo Grove Fence Code requested by Michael and Dana Pinsel,2901 Acacia Terrace,for the purpose of
installing a five(5)foot fence surrounding the rear lot abutting the Arboretum Golf Course.
Trustee Glover stated that everyone recognizes that this is truly a hardship case to ensure the safety of the child with
special needs,however,this home cannot be sold with a fenced yard under any circumstances,which can be tied in
to the transfer tax stamps to be sure that the fence is removed. With regard to a new owner possibly needing a fence
because of a pool,she stated that the fence proposed in this instance does not meet the requirements for a fence
surrounding a swimming pool.
Trustee Berman stated that he agrees with Trustee Glover;he believes it is important to maintain the integrity of the
general concept,which is that the golf course not be subject to fencing of yards;he strongly believes that when the
current circumstances are no longer present,the fence should come down.
Mr.Raysa reviewed the rough draft of a new section for the ordinance,providing that no fence permit shall be issued
until an agreement is reached between the Pinsels and the Village that would provide for removal of the fence upon
the child reaching a certain age,no longer lives on the property,or the property is sold.
Trustee Braiman stated that he supports the inclusions,but he does not know if a certain age restriction is
appropriate, and would suggest that this be deferred until more information can be gathered from the homeowner.
ZBA Chairman Entman briefly reviewed the discussions at the ZBA meeting.
Trustee Marienthal stated that he would prefer to see a fence with a flat top,rather than pointed as proposed.
Moved by Braiman,seconded by Berman,to defer this item until further information can be obtained from the
Pinsels. Upon roll call,Trustees voted as follows:
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
ORDINANCE#2000-43—BELMONT VILLAGE
Moved by Glover,seconded by Berman to pass Ordinance#2000-43,Belmont Village Assisted Living Facility,Sixteenth
Amendment to the Buffalo Grove Town Center P.U.D., 6.12 acre site north of Town Place,west of Route 83.
Hal Francke, attorney for Belmont Village, stated that their site plan has been changed slightly at the request of the
Village Engineer to move the proposed entrance off of Route 83 further. Mr.Francke also noted that they have received
a copy of the proposed ordinance,and it is acceptable to the client.
Trustee Glover stated that she is concerned about the entrance to the site on Route 83;Mr.Francke reviewed the status
of that subject with IDOT;they do understand that the permit from IDOT is a condition for their moving forward,and
they do not have a problem with that provision. Trustee Glover stated that if IDOT does not grant permission for this,
she believes that it would also be detrimental to the Culver's parcel;she stated that she is firm that Belmont and Culver's
have to go together. Mr.Francke stated that they do not have a problem with their being able to pull a building permit
for the Belmont facility being conditioned on Culver's getting their preliminary plan approval.
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Diane Garber,spokesperson for Cherbourg residents,read a statement in opposition to the proposal,referring to four
specific points: lack of demand;fmancial conditions of nearby senior housing facilities;potential solutions for the Town
Center piece of land in question;inconsistent application of Buffalo Grove procedures pertaining to both developments.
Several other residents also voiced their opposition to the proposal.
FMr.Francke responded to comments made by Cherbourg residents.
Trustee Berman asked if this facility is subject to a state Certificate of Need process, whether or not they have gone
through the process,and if a Certificate of Need has been issued by the state.
Mr.Francke stated that the facility is not legally required to secure a Certificate of Need,but they do intend to pursue
the Certificate of Need,however,they are attempting to secure local approval first.
Ms. Kathy Fan explained the licensing process. Mr. Francke stated an assisted living facility is not required to be
licensed,but Belmont Village chooses to identify themselves as a licensed facility. Mr.Francke stated that they would
have no problem with a condition based on them going through the process, because they intend to go through the
process and they fully expect to be approved as they have been at their other facilities,however,they do have a problem
with a condition based on receiving approval. Mr.Green further explained assisted living facilities licenses
In answer to a question from Trustee Marienthal, it was stated that the rates would be all inclusive and begin at
approximately$2,500 per month. Trustee Marienthal stated that he would like to find out the status of the legislation
regarding licensing;he would also like to know the occupancy rate of the other facilities in the Village.
Trustee Braiman confirmed with Mr.Raysa that this cannot be any other use than the proposed facility without approval
by the Village Board,at its sole discretion.
Mike Werthmann,traffic engineer,referred to the Site Plan,and explained why he does not believe that this should be
a right-in/right-out;he does not believe that a full access at this location would pose a hazard;he does not believe that
the intrusion of traffic in the Cherbourg subdivision would be significant.
In answer to a question from Trustee Berman,Mr.Raysa stated that the Zoning Ordinance states that if,a special use
ceases to exist for one year,it can be revoked;the Village has not revoked that in the past,and it would require further
action by the Board. This particular parcel would revert to the 1986 ordinance,which would be the office sub-district;
the developer is agreeable to this provision.
The president of Town Place stated that they endorse this plan.
Mike Samuels,Vice Chairman of the Plan Commission,stated that,with regard to traffic impact,this use would generate
far less traffic than the previous plan.
Mr.Werthmann stated that their updated traffic study included an 8,000 square foot restaurant,which is twice the size
of the proposed Culver's.
Trustee Glover said there have been many meetings;Trustees attended those meetings;the Board does not take these
�•/ matters lightly;she takes exception to saying that Trustees do not listen;she would have much preferred to see the hotel
and restaurant facility, but they were much more intense; she would not vote affirmatively on Belmont without the
restaurant.
Trustee Braiman thinks this is the least restrictive use on the premises;he does not believe that traffic will go through
Cherbourg to get to Route 83;he believes that this is best for the community in general,as well as best for Town Place.
Trustee Marienthal has given this a lot of thought,and he does not believe this is a new venue for the community and
he does not believe there is a need for this facility in the community.
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Trustee Berman stated that this parcel has been vacant for a long period of time, and this proposal that is substantially
less intrusive and imposing on the community than what is already approved there and what could have been built there;
he also believes that the facility meets both a general and a specific need in the community;he does not believe that this
change in zoning poses a threat to any portion of the community;he does not believe that Culver's will pose a cut-through
threat for Cherbourg;Culver's will be addressed at another time.
President Hartstein stated that the Board has requested that the motion be amended to include that approval is subject
to permission for a curb cut by IDOT on to Route 83, and also subject to the Village Attorney adding language to
paragraph 21.N.with regard to what happens upon cessation of the special use.
Trustees Glover and Berman both agreed to the inclusion of the above conditions to the motion.
President Hartstein stated that it is the responsibility of the Board to look at the big picture and what is in the best interest
of the total community. It is also the responsibility of the Board to evaluate what they have seen and,based upon their
experience, if they believe that a proposal would significantly injure a segment of the population, to reject such a
proposal. However,he does not believe that any evidence has been shown that indicates danger to the community;he
believes this proposal is a positive addition to the community.
Upon roll call,Trustees voted as follows on the motion:
AYES: 4—Braiman, Glover,Berman,President Hartstein
NAYS: 1 —Marienthal
ABSENT: 1 —Hendricks
Motion declared carried.
RESOLUTION#2000-43-WEILAND
Mr.Balling reviewed the history behind this proposal
Moved by Braiman,seconded by Glover,to pass Resolution#2000-43,approving an Agreement for Engineering
Services for the Weiland Road Pedestrian Crossing Improvement.
Upon roll call,Trustee voted as follows on the motion:
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
ORDINANCE#2000-44—WHITE HEN LIQUOR LICENSE
President Hartstein reviewed this request.
Moved by Berman,seconded by Braiman,to pass Ordinance#2000-44,an ordinance amending Chapter 5.20,Liquor
Controls as it pertains to Sole Key,Inc.d/b/a/White Hen Pantry, 1153 Arlington Heights Road. Upon roll call,Trustees
voted as follows:
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
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BID WAIVER-BANNERS
Mr.Rigsby reviewed the proposal for the proposed light pole banners and hardware.
Trustee Glover commended Mr. Versten for the design of the banners.
Moved by Braiman, seconded by Glover,to waive bids and purchase 80 banners and hardware. Upon roll call,
Trustees voted as follows:
AYES: 5—Marienthal,Braiman, Glover,Berman,President Hartstein
NAYS: 0—None
ABSENT: 1 --Hendricks
Motion declared carried.
FORUM PROPERTIES
John Green,Groundwork,Ltd.,made a presentation to the Board, details of which are contained in the Village Board
Meeting Agenda Item Overview prepared by Mr.Pfeil;he referred to the Site Plan during his presentation.
Trustee Berman thinks it should be less dense;he believes that we should proceed cautiously.
Trustee Glover likes the historic concept;she is a little concerned about density,but will leave it up to the Plan
Commission;she believes that we should be sensitive to the needs of the residents of Prairie View.
Mr. Green said they probably will stick to 3 designs,probably about 2100-2400 square feet;they will have
basements.
Trustee Braiman would like to see information as to why this could not be commercial;of the two plans,he likes the
idea of the historic aspect;the houses might be a little too big for the property.
Mr. Green said the look and feel has to come together.
Trustee Marienthal agrees with everything that has been stated;he would like to pare down the size of the houses and
increase the size of lots.
Trustee Hartstein said he would like the developer to explore going above and beyond and tie into the rail-based
transportation concept and possibly explore multi-use with commercial possibly on a portion of that property.
Mr. Green said he will explore all the possibilities.
WIRELESS NETWORK
Mr. Giddens made a presentation to the Board,explaining this proposal,stating that staff is looking for authorization
to purchase to go ahead with the project and to go ahead with Illinois First.
Moved by Berman,seconded by Marienthal,to approve bid waiver for Illinois First Grant Phase 2 of the Wireless
Network for an amount not to exceed$50,000. Upon roll call,Trustees voted as follows:
P
AYES: 4—Marienthal,Braiman,Glover,Berman
NAYS: 0—None
ABSENT: 1 —Hendricks
Motion declared carried.
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ADJOURNMENT
Moved by Glover, seconded by Berman,to adjourn the meeting. Upon voice vote,the motion was unanimously
declared carried. The meeting was adjourned at 10:46 P.M.
anet M. Sirabian,Village Clerk
APPROVED BY ME THIS / DAY OF „ ( 1t ,2000.
r.g7, 1 /, d
illage President