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1987-07-20 - Village Board Regular Meeting - Minutes 7172 7/20/87 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JULY 20, 1987. President Clayton called the meeting to order at 7:37 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton;ROLL CALL Trustees Marienthal, Glover, and Shields. Trustee Kowalski arrived at 8:55 P.M. and Trustee Shifrin arrived at 9:05 P.M. Trustee Reid was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; Frank Hruby, Director of Building & Zoning; Greg Boysen, Director of Public Works; Bob Pfeil, Village Planner; and Carmen Molinaro, Director of Golf Operations. Moved by Glover, seconded by Shields, to approve the minutes APPROVAL OF of the July 6, 1987 Regular Meeting. Upon roll call, MINUTES Trustees voted as follows: AYES: 3 - Glover, Shields, President Clayton NAYES: 0 -None ABSENT: 3 - Reid, Kowalski, Shifrin ABSTAIN: 1 - Marienthal Motion declared carried. Mr. Balling read Warrant #601. Moved by Glover, seconded by WARRANT #601 Marienthal, to approve Warrant #601 in the amount of $870,271.74, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. President Clayton noted that it has been requested that AGENDA Item XIV. , C. be removed from the agenda. Trustee Marienthal commented on the cable outages, stating CABLE TV that the amount of outages has doubled, and he wants to be sure that the staff is "on top" of this situation. Mr. Balling noted the submittal of the Buffalo Grove Golf GOLF COURSE Course Fund 6-Month Financial Report; details of this report FUND REPORT are contained in Mr. Brimm's memo to Mr. Balling of July 6, 1987. President Clayton commended Mr. Molinaro on the fine performance of the Golf Course. 7173 7/20/87 Mr. Balling reported on the new Clubhouse/Club Room lease, GOLF COURSE details of which are contained in Mr. Molinaro's memo to CLUB HOUSE Mr. Balling of July 15, 1987. Mr. Balling stated that staff has learned that cost of the Club Room is now estimated to be $73-$75/square foot as opposed to $63/square foot; it is also anticipated that the building will need a sprinkler system. In answer to a question from Trustee Marienthal, Mr. Balling stated that it is anticipated that the Club Room will total approximately $118,000, not including the sprinkler system. Trustee Glover stated that he would like to encourage having the lessee fund the project, but making sure that the lessee is aware that the cost is not set in concrete. Mr. Balling asked if there. is any aversion by the Board to having the Board fund the design costs of approximately $7,500; there were none. Trustee Marienthal asked if any other vendor for the food and bar operation had been investigated; staff reply was that no other vendor has been sought, since the current lessee has been the only one to successfully operate the restaurant. Trustee Glover stated that he hopes a proper lease will be negotiated so that the Village gets a proper return on its money, but he does not want to pull the rug out from the current lessee, since he has successfully operated the restaurant and has put in a great deal of time and effort to do so. Mr. Balling stated that this item will be deliberated by the Board during the next budget presentation. The item regarding the $7,500 design costs will be voted on at the next Board meeting. Mr. Balling noted the suggestions for the name of the new FIORE GOLF Golf Course, details of which are contained in Mr. Molinaro's COURSE memo to Mr. Balling of July 15, 1987. Moved by Glover, seconded by Shields, to name the new Golf Course the Arboretum Golf Club of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Mr. Balling noted the submission of the Management Report for MANAGEMENT June, 1987; there were no questions on same. REPORT �•/ Mr. Balling reminded the Board that the new aerial fire AERIAL FIRE truck is on display in the parking lot tonight for observation. TRUCK Mr. Raysa reviewed the opinion filed July 16, 1987 by the LITIGATION Second District Appellate Court in the Village of Riverwoods and the Village of Buffalo Grove case, stating that the Appellate Court reversed the rulings of the lower Court in favor of Buffalo Grove. 7174 7/20/87 With regard to the Seifert_. Condemnation, Mr. Raysa stated that the Board approved a settlement stipulation recently, at which time Mr. Raysa brought out a certain request for monies to be paid by the Village of Buffalo Grove; that request has now fallen by the wayside. The final judgment order was entered Friday. In reference to the Lincolnshire case, closing arguments were heard today; a ruling will be given at 1:30 P.M. on Wednesday on the preliminary injunction. PUBLIC HEARING - 1987 APPROPRIATION ORDINANCE NEW GOLF COURSE FUND President Clayton noted that Notice of Public Hearing appeared in the Buffalo Grove Herald on July 9, 1987; she then read from same. President Clayton called the Public Hearing to order at 8:04 P.M. Mr. Balling reviewed the reason for Public Hearing, details of which are contained in Mr.Brimm's memo to Mr. Balling of June 18, 1987. President Clayton asked if there were any questions or comments from the public; there were none. President Clayton stated that the ordinance will be back to the Board for passage on August 3, 1987. President Clayton asked if there were any questions from the Board; there were none. President Clayton closed the Public Hearing at 8:06 P.M. President Clayton asked if there were any questions from the QUESTIONS FROM audience; there were none. THE AUDIENCE President Clayton explained the Consent Agenda, stating that CONSENT any member of the Board or the audience could request that AGENDA an item be removed for full discussion; there were no such requests. Moved by Glover, seconded by Marienthal, to adopt Resolution RESOLUTION #87-36, a resolution supporting the Constitution of the ##87-36 Superconducting Super Collider at Fermilab in Batavia, said (Fermilab) development to promote economic growth in Northeastern Illinois. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Glover, seconded byMarienthal, to adopt Resolution RESOLUTION MovedbyP #87-37, a resolution for improvement by municipality under #87-37 Illinois Highway Code. Said resolution allocates MFT funds (Design to cover design engineering of Hazelwood and Dogwood Terraces. Engineering) Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. 7175 7/20/87 Moved by Glover, seconded by Marienthal, to approve the VILLAS OF Certificate of Final Acceptance with attending condition BUFFALO CREEK for the Villas of Buffalo Creek, Units 1 and 2, Aptakisic (Final and Brandywyn. The Village Engineer recommends approval. Acceptance) Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Moved by Glover, seconded by Marienthal, to approve the B. G. COMMERCE Plat of Vacation of a Public Utility Easement for Buffalo CENTER - UNIT 2B Grove Commerce Center, Unit 2B, Lots 32 and 33. The Village LOTS 32 & 33 Engineer recommends approval. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the BICENTENNIAL improvements to Bicentennial Park, said enhancements to PARK be donated and completed by the Buffalo Grove Jaycees. (Improvements) Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the TOWN CENTER Appearance Commission recommendation reference the Town (Temporary Center, temporary signs located at 1) Route 83; 2) Lake- Signs) Cook Road; 3) Buffalo Grove Road. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the STATE FARM Appearance Commission recommendation reference State Farm INSURANCE Insurance, 303 W. Dundee Road, face change of ground sign. (Ground sign) The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. 7176 7/20/87 Moved by Glover, seconded by Marienthal, to accept the VILLAGE Appearance Commission recommendation reference the Village BAPTIST CHURCH Baptist Church wall signage. The Appearance Commission (Wall signage) recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES:4-Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Moved by Glover, seconded by Marienthal, to accept the M.C.C.POWERS,INC. Appearance Commission recommendation reference M.C.C. (Aesthetics) Powers, Inc. , Covington Corporate Center, architecture/ materials and lighting. The Appearance Commission recommends approval of these aesthetic elements. Upon roll call, Trustees voted as follows: AYES:4-Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. President Clayton explained a request for reconsideration ORDINANCE of Ordinance #87-50 by the Dojutreks, stating that they do #87-50 not wish to have the Oridnance discussed tonight since they (Dojutrek are unable to attend, but would like the Ordinance reconsidered Property) and then discussed at the August 3, 1987 Regular Meeting. Mr. Balling also explained the request. Moved by Glover, seconded by Shields, to reconsider Ordinance #87-50. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. Trustee Glover stated that he had noticed numerous cars in the parking lot of the property; Mr. Balling stated that he did not know the reason for same, but that the question could be asked of Mr. Dojutrek at the August 3, 1987 meeting. Moved by Glover, seconded by Marienthal, to defer the re- consideration of Ordinance #87-50 until August 3, 1987. Upon voice vote, the motion was unanimously declared carried. Mr. Balling reviewed the proposed ordinance, details of ORDINANCE which are contained in Mr. Brimm's memo to Mr. Balling of #87-52 July 9, 1987. (IPBC Contract) President Clayton stated that the appointments of the representatives of the Village for one-year terms should be so noted in the ordinance; Mr. Balling stated that they should be in the ordinance. Mr. Raysa stated that that information will be added right after "July 20, 1987". 7177 7/20/87 Moved by Glover, seconded by Marienthal, to pass Ordinance ORDINANCE #87-52, authorizing the execution of the Contract and By-laws #87-52 of the Intergovernmental Personnel Benefits Cooperative. (IPBC Contract) Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, President Clayton NAYES: 0 - None ABSENT: 3 - Reid, Kowalski, Shifrin Motion declared carried. LI Mr. Szymborski reviewed the status of the Wellington Hills WELLINGTON subdivision, details of which are contained in his memo to HILLS Mr. Balling of July 1, 1987. Trustee Marienthal stated that this is not the best time to replant trees, so he suggested that the developerput money gg P on deposit for those trees, which could then be planted in the fall. Carol Kreiger, 510 Harris, stated that she thinks it should g be in writing that the developer will handle the wet yards at 508, 510, and 512 Harris. Mr. Szymborski stated that he believes that Hoffman will handle this situation, and he will monitor it. In answer to a question by John Hanson, Mr. Raysa explained why building privileges cannot be revoked in one development because of problems that the developer is having in another development in the Village. Mr. Hruby then commented on the requirements for a contractor to do business in the Village. Trustee Glover stated that he believes Hoffman should provide a date certain when the storm water drainage will be handled. Bob Malinowski, 502 Windover, commented on several other problems which need to be handled; Mr. Balling responded to Mr. Malinowski. In response to a question from Carol Kreiger, Mr. Boysen stated that a permit is not necessary to bury the sump pumps to the drain tile. Mr. Balling responded on the expanded scope of work on the new CLUBHOUSE Clubhouse facility, details of which are contained in his FACILITY memo to the Board of July 17, 1987. Trustee Glover stated that he is still concerned with eliminating the skylight, and he thinks the restaurant will be far more desirable with the depressed bar and the skylight, and he is still looking for the lessee to pay for those items, along with increased golf revenue. Mr. Molinaro commented on the new proposal. Mr. Balling stated that this program is on hold at the moment. Trustee Marienthal agreed with Trustee Glover with regard to the food and bar lessee participating, since it will also work to his benefit. 7178 7/20/87 Mr. Balling stated that, with the consideration of the skylight element in the main dining room, the Village is multiplying in $100,000 increments the amount of capital burden that a lease operator would need to buy into this food and bar operation, and cautioned the Board that by adding the skylight element, the responsibility of the lessee would approach the $400,000 range. Trustee Shields believes the tenant could get equity out of having a longer-term lease, and he would encourage the higher quality building, and have the tenant share as much as possible in the cost, since the more attractive setting will help make a more successful operation; he is not sure what the partial skylight would look like, but he would consider same. Trustee Glover asked if there is some other way to finance the entire skylight, other than asking the lessee to participate. Mr. Balling stated that the Village could do an additional borrowing; however, that would further threaten the Enterprise Fund concept; it would likely be an internal borrowing; this is feasible, but it would entail increasing the level of borrowing and push closer to a threshold of a repayment issue. Trustee Glover would encourage pursuing additional financing avenues; he strongly agrees that the lessee should pay the proper return on investment on the restaurant portion; with regard to the Golf Course, the Village has done extremely well to this point, and he believes that we have been very economic on the greens fees and should look to increase those fees. Moved by Glover, seconded by Marienthal, to direct the architect to pursue the entire skylight scheme with the depressed bar for an additional cost of approximately $180,000. Trustee Marienthal questioned the possibility of an inter-fund borrowing; Mr. Balling stated that the Golf Fund was successful at repaying a borrowing when it was first started; it is possible to do, but it puts an additional load on the financial feasibility of the Golf Course. Mr. Balling cautioned the Board that this project is not yet bid, and there are a lot of elements in this project; he believes it is feasible, but not without risk. In answer to a question from President Clayton, Mr. Balling stated that it is possible to delete the Club House facility from this package. Trustee Glover stated that he would like to see the Club House designed properly as to what the Board will be satisfied for a long term, and if it is deemed to be out of reach when the bids come back, then put the project on hold until the Golf Enter- prise Fund has better capital to approach the project. Mr. Molinaro stated that, at this point, greens fees could be slightly increased without losing any play; he also is concerned that when this project is bid, the figure could increase again. Trustee Kowalski arrived at this time; President Clayton informed her of the motion made. Upon roll call, Trustees voted as follows on the motion: AYES: 3 - Marienthal, Glover, Kowalski NAYES: 1 - Shields ABSENT: 2 - Reid, Shifrin Motion declared carried. 7179 7/20/87 President Clayton declared a recess from 8:58 P.M. until RECESS 9:08 P.M. President Clayton introduced the subject. Mr. Heinrich, ZBA APPEAL Chairman of the ZBA, reviewed the subject and the variance requested, explaining the reason for the ZBA vote. Details of this appeal are contained in Mr. Hruby's memo to Mr. Balling of July 2, 1987, along with back-up material. Mr. Heinrich then described the request and the variance which was granted. Dr. Vivian Gordon, 1203 Larraway Drive, thanked the ZBA and the Board for listening to her appeal; she is concerned that the proposed fence will be detrimental to her property; she stated that she would be willing to negotiate the distance for this fence so that she would not have to attend the last meeting, because of business commitments and the illness of her husband, but the negotiated settlement was rejected. Dr. Gordon presented what she believed to be new evidence in the situation: 1) She does not believe the 15' is the standard which should be used by the ZBA, since that was only offerred as a compromise, and because the vote at the ZBA was split; 2) A discussion her neighbor had with four people who signed his petition where he told them that he was also going to put up 4-5 of bushes in addition to the fence; 3) She is very concerned with the value of her property right now because she has been told she might have to sell the house because of her husband's illness. Dr. Gordon presented a letter from McKee Real Estate stating that it would not increase the value of her property; President Clayton read this letter. Dr. Gordon believes the Zoning Ordinance should be upheld, and she is objecting to the fence and asking for a modification of the variance. Mr. Waitz stated that he believes the ZBA did a good job hearing both sides of the case, and thinks that the decision should be upheld; he stated that he does not plan on putting in any additional shrubbery for at least the next couple of years. Trustee Marienthal commented on the ZBA meeting. Dr. Gordon again commented on the situation. There was then discussion on the procedure followed by the Village to keep a line of sight open. Mr. Heinrich commented on the vote taken at the ZBA meeting. Trustee Shields stated that he does not like voting on something which will be unpopular with at least one of the parties, and asked if a compromise could be reached. Trustee Glover moved that the Village Board accept the finding and facts of the Zoning Board of Appeals for a variation to the Fence Code, Section 15.20.04 B at 1151 Lockwood Drive; Trustee Marienthal seconded the motion. Mr. Raysa confirmed that letters from a realtor are not discarded, but are reviewed and the evidence in same is weighed. 7180 7/20/87 Dr. Gordon commented on a Supreme Court ruling regarding the issue of landowners and the loss of value to property. Upon roll call, Trustees voted as follows on the motion: AYES: 4 - Marienthal, Glover, Shields, Shifrin NAYES: 1 - Kowalski ABSENT: 1 - Reid Motion declared carried. Dr. Gordon asked if she could appeal this decision to the Circuit Court; Mr. Raysa responded that there is a 15-day period in which to file, but that 15-day period begins at the time the ZBA decision is made. Trustee Kowalski stated that Dr. Gordon should have been told of this 15-day period at the ZBA meeting. Mr. Kenneth Kudulis, representing Children's World Day Care CHILDREN'S Center, made a presentation to the Board regarding the pro- WORLD DAY posed center at Weiland Road, north of Woodstone Townhomes; CARE CENTER he passed out literature on Children's World. Mr. Pfeil's memo to Mr. Balling of July 15, 1987 outlines the proposals. President Clayton read a letter from Daniel Perlman, attorney representing Woodstone Limited Partnership, dated July 17, 1987, opposing the proposed Children's World Day Care Center; this letter is on file in the Clerk's office. Mr. Cary Glenner, of the same law firm, introduced members of the Woodstone Group and stated that they are present to answer questions, and also reiterating the fact that they oppose the proposed day care center. President Clayton stated that this is a pre-application conference. In answer to a question from Trustee Glover, Mr. Kudulis stated that they had met with the Smiths, owners of the property to the west, and stated that they will provide whatever berming and fencing is requested and required by the Smiths and the Village. Trustee Glover stated that he is concerned with the traffic, and the noise level generated by a day care center; Mr. Kudulis explained the type of supervision and the number of children which will be outside at one time. Mr. Kudulis stated that there are no exterior speaker systems. In response to a question from Trustee Glover, Mr. Pfeil commented on the traffic situation. Mr. Milton Perlman, President of the Perlman Group, made a brief statement commenting on the reasons why they do not want a day care center on this site. In answer to a question from Trustee Marienthal, Mr. Stuart Diamond of the ReMax Realtors commented on what he believes to be effects from the proposed day care center; adverse economic impact on the townhomes, because of: a) traffic, b) noise, c) view. 7181 7/20/87 It will definitely bring down the property value of the initial set of models of townhomes. President Clayton asked the Board to comment on their views on the proposed use: Trustee Marienthal - Would prefer not to have this use on this particular site. Trustee Glover - Concern about the land use; concern about the screening of the parking lot, the roadway, and the rear of the property; concern about the traffic. Trustee Shields - Concern about the traffic, screening and the noise; he is not particularly concerned about the use for the property because of its proximity to the Schwaben Center. Trustee Kowalski - Has no interest in seeing this property developed with a child care center on it. Mr. Balling reviewed Mr. Brimm's memo to him of June 22, 1987, CENTREX PHONE stating that staff recommends a 60-month extension of service. SYSTEM Mr. Balling stated that if this were to interfere with the scope of study being done by the Northwest Municipal Conference, he would have it brought back before the Board; otherwise, he would recommend the 60-month extension. Moved by Glover, seconded by Marienthal, to extend the Service Agreement for the Centrex Telephone System Rate Stabilization. Upon roll call, Trustees voted as follows: AYES: 4 - Marienthal, Glover, Shields, Kowalski NAYES: 0 - None ABSENT: 2 - Reid, Shifrin Motion declared carried. Frank Paul of Prudential-Bache, made a presentation to the ZALE INFRA- Board with regard to the infrastructure development bonds, STRUCTURE details of which are contained in Mr. Brimm's memo to Mr. DEVELOPMENT Balling of July 15, 1987. BONDS Mr. Balling stated that staff is not in a position to file a recommendation and stated that the Village needs to retain a financial advisor to opinionate on this proposal. Mr. Balling stated that staff would try and have this recommendation for the Board at either the first or second Board meeting in August. Mr. Paul stated that he will provide a letter from Moody's representing that the bonds would not count against the overall indebtedness of the Village. Greg Zale pointed out the benefits to the Village of their putting the roadwork in. Trustee Marienthal stated that he would be hesitant to move forward until the Village has something in writing from Moody's. President Clayton asked if there was any objection from the Board to seeking a financial advisor to opinionate on this subject; there was no objection from Board members.