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1998-07-20 - Village Board Regular Meeting - Minutes 10224 7/20/98 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 JULY 20. 1998 CALL TO ORDER President Mathias called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag as it was presented by VFW Post 7879. ROLL CALL Roll call indicated the following present: President Mathias;Trustees Reid,Rubin,Braiman and Glover. Trustee Marienthal arrived at 7:40 P.M.,and Trustee Hendricks was absent. Also present were:William Balling,Village Manager;William Raysa,Village Attorney;Lee Szymborski,Assistant Village Manager;William Brimm,Finance Director;Phil Versten,Administrative Assistant;Robert Giddens, Director of Management Information Systems;Robert Pfeil,Village Planner;Carmen Molinaro,Director of Golf Operations;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Reid,to approve the minutes of the July 6, 1998 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4-Reid,Braiman,Hendricks,Glover NAYS: 0-None ABSTAIN: 1 -Rubin ABSENT: 1 -Marienthal Motion declared carried. WARRANT#866 Mr.Tenerelli read Warrant#866. Trustee Marienthal arrived at this time. Moved by Braiman,seconded by Glover,to approve Warrant#866 in the amount of$1,421,572.98,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. COMMISSION APPOINTMENTS President Mathias made the following appointments to Village Commissions,as outlined in his memo to the Board of July 15, 1998: Fire&Police Commission Bruce Kahn Board of Health Gary Stone Joel Barry Fisher Danny Pomorantz Commission for Residents with Disabilities Mark Weiner 10225 7/20/98 Moved by Rubin,seconded by Glover,to concur with President Mathias' appointments,with all terms to expire 4/30/99.Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. President Mathias recognized those appointed who were in the audience and thanked them for their willingness to serve the Village. PROCLAMATION-KOREAN WAR VETERANS ARMISTICE DAY President Mathias read a Proclamation declaring July 27, 1998 as Korean War Veterans Armistice Day in the Village of Buffalo Grove;details are contained in Mr.Rigsby's memo to Mr.Balling of July 14, 1998. MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for June, 1998;there were no questions on same. UNITED WAY Les Ottenheimer,past president of the United Way of Wheeling and Buffalo Grove presented awards to Lee Szymborski for his efforts in chairing the United Way campaign in the Village,and also to the employees of the Village for the tremendous support which they have given to the United Way over the years. HORIZON'S CHILDREN CENTER A representative from the Horizon's Children Center presented an award to the Village recognizing its commitment to quality child care and early childhood education;a family whose children attend Horizon's spoke about the excellent care that their children receive there. AMERICAN CANCER SOCIETY Mike Ladd,representing the American Cancer Society,presented an award to the Village in recognition of the outstanding work that was done in making this year's Relay for Life so successful;Rob Giddens was recognized for his dedication in coordinating this successful event for the Village. PUBLIC HEARING-B-5 DISTRICT President Mathias re-opened the Public Hearing at 7:56 P.M. Daniel Wolf,representing the petitioner,noted the progress that has been made with Eagle Food Stores,and stated that the deal has been closed;he asked that the Public Hearing be continued until August 17, 1998;he was told today that IDOT has signed off on the plat. Because of the fact that this hearing has been continued several times,Trustee Marienthal stated that he has a problem with another continuation. Trustee Reid stated that it was made perfectly clear a month ago that there must be something presented to the Board before tonight's meeting;he believes the hearing should be closed and re-published in the event that the materials are distributed and ready for the August 17, 1998 meeting. Trustee Braiman stated that he has no problem with the continuation because the Village is the one who put pressure on the developer to have the deal closed. 10226 7/20/98 Moved by Braiman,seconded by Rubin,to continue the Public Hearing on the Zoning Ordinance Text Amendment concerning drive-thru facilities in the B-5 District until August 17, 1998. Trustee Glover stated that the Board has never seen anything on this proposal;she believes that the Board should start from scratch. Trustee Rubin stated that he would support the continuance because nothing would be accomplished by re- publishing. Mr.Balling reviewed the original direction that was given to Simon DeBartolo. Mr.Wolf stated that the Board was not given anything last week because there was nothing done a week ago;the Eagle just closed on Friday,and the IDOT approval was just received today. In answer to a question from Trustee Glover,Mr.Balling report on the status of the TIF. Trustee Glover stated that she will support the continuation tonight,but she will definitely not support any further continuation on August 17, 1998. Mr. Wolf confirmed that he understood that all items in Mr.Balling's letter of July 14, 1998 to Mr. Schwartz must be met before the August 17, 1998 meeting. Upon roll call,Trustees voted as follows on the motion to continue the Public Hearing until August 17, 1998: AYES: 4-Reid,Rubin,Braiman,Glover NAYS: 1 -Marienthal ABSENT: 1 -Hendricks Motion declared carried. At 8:14 P.M.,President Mathias continued the Public Hearing until August 17, 1998. PUBLIC HEARING -WALSH PROPERTY President Mathias opened the Public Hearing at 8:15 P.M.,and read from the Notice of Public Hearing published in the Daily Herald on July 3, 1998. President Mathias then swore in Christopher Walsh to give testimony. Mr.Walsh presented his request to the Board, details of which are contained in Mr.Pfeil's memo to Mr.Balling of July 16, 1998. Mr.Balling recapped the status of this request,stating that staff recommends this annexation,but would like some additional time to resolve several outstanding issues. Trustee Reid stated that he would like staff to look at some possible recapture clauses for Mr. Walsh;Mr.Balling stated that staff will investigate. President Mathias asked if there was anyone in the audience who wished to testify;there were no such requests. At 8:24 P.M.,President Mathias continued the Public Hearing until August 17, 1998. QUESTIONS FROM THE AUDIENCE Phil Kanoles,514 White Pine,stated that he had attended the last Board meeting to let the Village know of the power outages in his area;since that time,there have been more outages,particularly in his area;he stated that it is very frustrating to lose power so much. Mr.Balling relayed some of the conversations that he has had with ComEd. Trustee Reid stated that he would like a list of the outages that have occurred in the past six months,detailing 10227 7/20/98 location and duration,so that the Village can have better facts as to what is occurring. Mr.Balling responded to Trustee Reid. Patricia Herrmann,262 Windsor Drive,stated that she fully understands Mr.Kanoles' frustration,since there are several houses on Windsor Drive where the power also frequently is out for several hours when all the other houses on the block have power. CONSENT AGENDA President Mathias explained the Consent Agenda,stating that any items on the Consent Agenda may be removed by a Board member or member of the audience for full discussion;there were no such requests. President Mathias read a brief summary of each item on the Consent Agenda. Moved by Glover,seconded by Marienthal,to approve the Consent Agenda. ONE TON TRUCK-Authorization to Bid Motion to Authorize to Bid-one-ton truck for the Public Works Department. HARRIS BANK-Revised parking lot lighting Motion to approve the Appearance Commission Recommendation:Haris Bank, 1191 McHenry Road-revised parking lot lighting. STRATHMORE SQUARE SHOPPING CENTER-Landscape plan Motion to approve the Appearance Commission Recommendation: Strathmore Square Shopping Center,Dundee and Arlington Heights Roads-landscaping plan. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. WALSH PROPERTY Moved by Glover,seconded by Braiman,to defer action on Items XII.A.,B.,and C.Until the August 17, 1998 Regular Meeting. Upon roll call,Trustees voted as follows on the motion. AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. HOME DAY-CARE CENTER Mr.Balling reviewed this request,details of which are contained in Mr.Pfeil's memo to him of July 16, 1998. Roger Stelk,attorney representing Galina and Vladimir Zelenetsky,made a presentation reviewing the request of the petitioner to operate a home day care center at 296 Windsor Drive;he stated that the day care represents a part of the household income for the petitioners;he presented photographs of the driveway which has room for four cars; several letters from people in favor of this special use were presented. Trustee Rubin stated that the special use is essentially allowing a business in a residential neighborhood,and that the neighborhood residents must be assured that the quality of the neighborhood will be maintained;he would like to hear comments from the neighbors. i __ I � � �� 10228 7/20/98 Plan Commissioner Ottenheimer reviewed the discussions at the Plan Commission meeting,stating that the major concern is the safety of the neighborhood. Gina Kapinos,286 Windsor Drive,noted the letters that she has submitted to the Board,and also commented on the parking done by the clients of the day care;she stated that she had tried to speak with the Zelenetskys to no avail;she stated that there has been no attempt to address the concerns of the neighborhood by the Zelenetskys. Patricia Herrmann,262 Windsor Drive,stated that she takes exception to the statement that the neighbors do not like the Zelenetskys;her only concern is the traffic congestion/hazards. Malina Levitz,5511 Farmcrest Lane,Long Grove,stated that her children are cared for by the Zelenetskys,and she values the quality day care which is provided;she stated that it is not true that parents park in neighbor's driveways; she does not believe this is a business in a residential neighborhood,but believes that this is something that is given to the children. In answer to a question from Trustee Rubin,Mr.Pfeil stated that there are currently just two home day care licenses issued. Trustee Rubin stated that the need for quality day care is not the issue;the issue is a business in a residential neighborhood,where homeowners expect other residences,not businesses;if there is a business on the street,the reason that it was made a special use was because of the impact of safety and character of the neighborhood. Trustee Braiman asked what efforts were made to learn of the Village ordinances when the business was initiated. Mr.Zelenetsky stated that he did not know that he had to apply for a permit from the Village;he stated that they usually care for approximately six children during the school year. Trustee Braiman stated that,while it is important to have quality child care,it is also important to maintain the character of neighborhoods. Trustee Reid echoed the statements of the other Trustees,stating that the primary concern is the impact upon the neighborhood,and the reason that there are zoning districts is to make sure that the integrity of each of those districts is maintained;he sees no reason to overrule the decision of the Plan Commission. Boris Sheyman, 1070 Twisted Oak Lane,stated that he has known the Zelenetsky family for almost ten years;he does not realize the basis of the complaint of the neighbors;he believes the neighbors should call the police to issue tickets for those violating traffic laws;the Zelenetskys are trying to earn an income;they are very religious people. Galina Melnik,20604 Horatio Boulevard,Prairie View,stated that her son attends day care at the Zelenetskys,and she wants him to continue to attend there because he learns Russian;her son enjoys going there and considers this his second home. Mr. Ste&stated that he was not present at the June 3, 1998 Plan Commission hearing because the Zelenetskys were not aware that they needed an attorney;the representative from the Board of Health indicated that this was a perfunctory matter,and the approval would virtually be a rubber stamp;he cannot believe there is such terrible traffic congestion with no more than ten cars in the neighborhood over an eight to ten hour period;he fords it hard to believe that these issues have just come to light now. In answer to a question from President Mathias,Mr.Zelenetsky stated that he has tried to talk to the neighbors,but it seems as though they already have their minds made up,so he did not even try;he stated that it is not all neighbors that are against the proposal;he stated that he has the support of the whole street except for two houses that do not want them;this is his opinion. Trustee Marienthal stated that he believes the issue is the safety of the neighborhood,and he wants to make sure that the residents of the community feel safe;he also values the thoughts and ideas of the Plan Commission,as well as those of the neighbors. Trustee Glover stated that,when the Village allows a business in a residential neighborhood,it is expected that there will be a good neighborhood relationship,and she has not seen any evidence of attempts to work things out with the neighbors so that the problems can be responded to;there have never been neighbors responding to a day care operation as there has been in this instance,and the Board must be concerned with the safety and welfare of the 10229 7/20/98 residents;because of the configuration of the street,added traffic can create a hazardous situation;she respects the opinion of the Plan Commission,and will support their decision. Moved by Rubin,seconded by Reid,to pass Ordinance#98-50,approving a special use for a home day care center at 296 Windsor Drive. Upon roll call,Trustees voted as follows: AYES: 0-None NAYS: 5-Marienthal,Reid,Rubin,Braiman,Glover ABSENT: 1 -Hendricks Motion defeated. WISCONSIN CENTRAL RAILROAD Mr. Szymborski reviewed the status of this issue,details of which are contained in his memo to Mr.Balling of July 15, 1998 Lengthy discussion followed on issues such as liability to the Village,danger to residents by not blowing the whistles,and how other communities are handling the situation. Mr.Raysa reviewed his views on possible liability to the Village. Moved by Rubin,seconded by Reid,to pass Resolution#98-28,requesting the Wisconsin Central Railroad to refrain from night-time whistle blowing between the hours of 10:30 P.M.to 5:30 A.M.at all Buffalo Grove crossings along he North Central service line. After further discussion,it was moved by Reid and seconded by Braiman to defer the proposed resolution until staff has had an opportunity to do further research and present statistics,both pro and con,to the Board. Upon roll call, Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. LA OUINTA INN Daniel Wolf,representing LaQuinta Inn,introduced John Joyce,Jr.who is the architect representing LaQuinta Inns, Inc. Mr.Joyce made a presentation to the Board,details of which are contained in Mr.Pfeil's memo to Mr.Balling of July 16, 1998;he referred to photographs of a similar property which is located in Ft.Worth,Texas. Trustee Rubin noted a concern for the height of the building and the parking;he would prefer more of an upscale product on the site,but he does not have a problem sending it to the Plan Commission. Trustee Reid asked Mr.Joyce to consider a three-story building. Trustee Marienthal asked if other colors had been considered so that they might better blend in to the area;Mr.Joyce stated that they had not considered other colors. Trustee Braiman asked that the study done on the need for a hotel be made available to the Plan Commission. Moved by Braiman,seconded by Rubin,to refer the LaQuinta Inn,Milwaukee Avenue,to the Plan Commission for review. Trustee Glover stated that she is somewhat concerned about the height and the materials,and would like the Appearance Commission to take particular note of that;she asked if the meeting rooms would be made available to the public,and Mr.Joyce responded that they would;she agreed with Trustee Braiman that the only thing that would H 10030 7/20/98 be allowed to be the maximum height would be the tower. Trustee Rubin asked about the space and placement for handicapped parking;he would be willing to consider a variance. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. SIX MONTH FINANCIAL REPORT-GOLF COURSE OPERATIONS Mr.Brimm presented the Golf Course Enterprise Operations-Six Month Report,details of which are contained in his memo to Mr.Balling of July 7, 1998,and in Mr.Molinaro's memo to Mr.Balling of July 15, 1998. Mr.Molinaro then reviewed the marketing plans,details of which are contained in his memo to Mr.Balling of July 15, 1998. Trustee Reid questioned the expenditures for operating equipment at both courses,which is well over budget in certain instances. Mr.Brimm responded that some purchases have been allocated to incorrect funds,and he will be going over those and re-allocating those funds. Mr.Molinaro also explained how these monies were coded to the wrong accounts. Trustee Braiman is also concerned that more progress has not been made in getting this off the tax rolls. Both Mr. Brimm and Mr.Balling responded to Trustee Braiman's comments. Trustee Braiman suggested that this report not be accepted until the revisions are made in re-allocating funds. Mr. Balling stated that the numbers being represented are accurate,but staff will re-align the costs and re-submit the report to the Board. EXECUTIVE MEETING Moved by Rubin,seconded by Reid,to move to Executive Meeting to approve Executive Meeting minutes. Upon roll call,Trustees voted as follows: AYES: 5-Marienthal,Reid,Rubin,Braiman,Glover NAYS: 0-None ABSENT: 1 -Hendricks Motion declared carried. The Board moved to Executive Meeting at 10:33 P.M. At 10:40 P.M.,it was moved by Braiman and seconded by Reid to return to the Regular Meeting. Upon voice vote,the motion was unanimously declared carried. ADJOURNMENT Moved by Reid,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:40 P.M. 1 10231 7/20/98 Janirabian,Village Clerk APPROVED BY ME THIS DAY OF , 1998 illage