Village of Homer Glen

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1 Village of Homer Glen South Founders Crossing Homer Glen, Illinois August 12, 2014 Board of Trustees Board Meeting Village Board Room South Founders Crossing Homer Glen, IL Village of Homer Glen Page 1

2 A. CALL TO ORDER The meeting was called to order on August 12, 2014 by Mayor Jim Daley at 7:37 p.m. in the Village Board Room, S. Founders Crossing, Homer Glen. B. PLEDGE OF ALLEGIANCE TO THE FLAG C. ROLL CALL Present at 7:37 p.m. were Mayor Jim Daley, Trustees Mike Costa, Marcia DeVivo, Tedd Kagianas, Margaret Sabo, Sharon Sweas and George Yukich. All remained present throughout the meeting. Also present on behalf of the Village were Village Clerk Gale Skrobuton, Village Manager Cameron Davis, Development Services Director Mike Salamowicz, Assistant to the Village Manager-Planning and Zoning Erin Venard, Finance Director John Sawyers and Village Attorney Mark Sterk. A quorum was established. D. AMENDMENTS TO THE AGENDA There were no Amendments to the Agenda. E. APPROVAL OF MINUTES 1. June 9, 2014 Special Board Meeting/Workshop Trustee Sweas made a motion to approve the Special Board Meeting/Workshop Minutes of June 9, 2014; second by Trustee Costa. Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. F. REPORTS AND COMMUNICATIONS FROM MAYOR AND OTHER OFFICERS 1. The Mayor reported on the items listed below.. The Village s building permit revenue in July totaled $34, Total building permit and contractor revenue to date is $285, By July 2013, the Village had issued sixteen (16) residential new home permits. By the end of July 2014, the Village had issued twenty (20) residential new home permits. This incremental new housing start growth is good news. There were a total of (125) building permits issued by the Building Department in July, up from (115) permits issued in June. To date, there have been a total of 600 permits issued in 2014, which is an increase of (81) building permits compared to last year s running total through July.. The U.S. National Labor Relations Board has issued a decision holding that American Water illegally slashed healthcare, retiree health and disability benefits for 3,200 workers in fifteen (15) states across Village of Homer Glen Page 2

3 the U.S., including Illinois. The decision orders the company to pay back pay, with interest, to all affected workers and to restore the illegal cuts in employee benefits. As the public knows, Homer Glen, Bolingbrook, Lemont, Romeoville and Woodridge have together filed a lawsuit seeking to condemn and purchase the IAW/ALW water transmission line that brings water to our communities. It is our hope that this lawsuit will be successful and we can begin to get control of Illinois American Water s ever increasing water rate costs.. On August 7 th, a preconstruction meeting was held at IDOT for the tree removal contract for the 159 th Street Improvement Project. Development Services Director Mike Salamowicz and Highway Commissioner Mike DeVivo both attended the preconstruction meeting. The low bidder for the project was Homer Tree Service, in the amount of $445, Although the contract is for the removal of trees within the entire limits of the project, from Gougar Road to Ravinia Avenue, it does not include all parcels within the project limits, as numerous parcels are yet to be acquired by IDOT. Homer Tree Service will have ten (10) days to begin the work, from the date the contracts are executed and will have forty (40) working days to complete the work. 2. Trustees: a. Trustee Costa No Report b. Trustee Yukich No Report c. Trustee Sabo reported on the items listed below.. At the next Village Board meeting, the Environment Committee will be presenting for consideration a Tree Replacement Program for replacing trees in the Village parkways that have been removed. A Standard Operating Procedure has been developed for review. The intention is to begin the Tree Planting program in the fall of 2014 and look forward to continuing planting trees in the spring of The Environment Committee is preparing for Homer Glen Lands Day Community and Nature in Harmony Awards to be recognizing individuals, businesses, groups and/or organizations. The awards will be presented at a future Village of Homer Glen Board meeting. In commemoration of Homer Glen Lands Day a tree will be planted at Stonebridge Park. The Environment Committee is coordinating the planting with the Parks and Recreation Committee.. Trustee Sabo addressed an accusation made by Homer Glen resident Lorri Dilger that was published in the Homer Horizon on August 7, 2014 in the Letters to the Editor section. Mrs. Dilger letter referred to, what she believed, was a special deal that Trustee Sago had with the Ludwig family and the Woodbine property. Trustee Sabo stated that the accusation is unfounded and amounts to false allegations and character assassination. Trustee Sabo stated that she has no involvement with the Ludwig family, no arrangement with them in any way and no special deal. Trustee Sabo stated that as a Village Trustee, it is her responsibility to do her due diligence to see that the Woodbine property is planned well and developed properly as a community park. Trustee Sabo stated that Mrs. Dilger has no foundation to accuse her of any impropriety. d. Trustee Kagianas reported on the items listed below.. Trustee Kagianas stated that while he was unable to attend the ribbon cutting for Homer Glen s new Meijer store, he has since shopped at Meijer, as well as many of the other businesses in Homer Glen. Trustee Kagianas stated that for the past years Mayor Daley has been working diligently to bring Meijer into Homer Glen and he thanked the Mayor for bringing this high quality, family owned business to our community. Village of Homer Glen Page 3

4 . Trustee Kagianas thanked Economic Development Director Janie Patch, Village Manager Davis and Village staff for assisting Homer Glen s businesses in preparing for the upcoming changes on the 159 th Street road conditions. Trustee Kagianas reported that Director Patch has been meeting and working with several of our local businesses and trying to coordinate some needs they may have during the 159 th Street road improvement project. e. Trustee Sweas reported on the item listed below.. Homer Harvest Days will be held on September 6 th and 7 th at the Trantina Farm on 151 st Street, east of Gougar Road. History will come alive with demonstrations, farm activities, old fashioned entertainment, live animal exhibits, pony rides, antique tractors, hayrides, food, children s activities, vendors and live music. Anyone interested in volunteering for this event can check the Homer Harvest Days website, homerharvestdays.com to obtain more information and to fill out a volunteer form. f. Trustee DeVivo reported on the item listed below.. The Village received a notification from IAPA advising us that Illinois American Water has filed for an NPDES (National Pollutant Discharge Elimination System) permit for the Chickasaw Sewage Treatment Plant on Long Run Creek. Trustee DeVivo reported that all sewage treatment plants are required to have an NPDES to dump into waters of the United States. The notification from IAPA is to advise us that the Village has thirty (30) days to respond with any comments. Trustee DeVivo stated that she will work with Village staff to draft a Letter of Comment to IAPA addressing the fact that Illinois American Water has not done any upgrades on the Chickasaw Plant for many years and although, on a couple of occasions, Illinois American has sent letters informing the Village that they were going to do the upgrades, only to send a follow-up letter saying that the upgrades had to be tabled. Trustee DeVivo stated that there is a watershed plan for Long Run Creek, which has been approved by IAPA and which contains recommendations to address pollutant loads for water quality. The Chickasaw Plant is polluting with nitrogen and phosphate loading and because of the age of plant and no upgrades for many years, it is listed in the Plan as a high priority critical area. It recommends that the plant upgrade, with nutrient removal technologies, be completed. Trustee DeVivo stated that, as a municipality, Homer Glen can also force a nutrient uploading ordinance, and recommends that the Village drafts this ordinance. The Letter of Comment is to let both IAPA and Illinois American Water know that we are aware of the excess pollutant issues and are suggesting solutions. Trustee DeVivo stated that the Letter of Comment goes on record with IAPA so that when Illinois American Water applies for the permitting necessary for the upgrades to the plant, they will be addressed accordingly and the Village s recommendations will be considered. Trustee DeVivo asked the Village Board if they would agree to move forward with sending a Letter of Comment to IAPA. The Village Board agreed that the letter should be sent. 3. Treasurers Report No Report. Mayor Daley stated that, later in the meeting, he may ask Finance Director Sawyers to explain the financial state of the Village of Homer Glen, including the major projects the Village is working on, and from what funds the money will be expenses from. The Mayor stated that he will also ask Director Sawyers to highlight the Village s financial reserves, unobligated money that is in the Village of Homer Glen funds. 4. Village Clerk No Report 5. Village Attorney No Report 6. Task Force Chairperson(s) No Report Village of Homer Glen Page 4

5 7. Public Safety Officials No Report. Mayor Daley stated that the damaged sign at B.I. Rental has finally been taken down. The Mayor noted that the only reason the sign was not taken down sooner was because B.I. Rental was negotiating their easement with IDOT and the sign could not be taken down prior to the easement agreement. 8. Village Manager Davis reported on the items listed below.. Manager Davis introduced Huge O Hara from the Will County Governmental League, and asked him to give the Village Board an update on the Will Electric Aggregation Group. Manager Davis stated that the League has been the leading group that has worked to do electric aggregation in Will County with residents and small businesses in Homer Glen and the other sixteen (16) communities benefitting by saving almost $25.5 million over two (2) years.. Mr. O Hara reported that two (2) years ago the Will County Governmental League came before the Village Board to explain how electric aggregation worked and about a referendum that needed to be passed. Mr. O Hara stated that originally sixteen (16) communities joined the group and since that time the City of Lockport has also joined the group. Two years ago the Will County Governmental League signed a 24-month agreement with First Energy at $.0483 cents per kwh. Mr. O Hara stated that by the end of the 24-month agreement with First Energy they will have saved the residents and small businesses in these communities almost $30 million or about $400 per household. Mr. O Hara stated that over the past several months the Will County Governmental League has been going through a renewal process and sent out RFP s (Request for Proposals) to all (48) licensed suppliers in the State of Illinois. Six (6) of the forty-eight (48) electric suppliers responded; however, he believes there may be only nine (9) suppliers who were able to handle a group this large. Mr. O Hara reported that two (2) energy supplies submitted bids and four (4) did not because they could not beat ComEd s current price. First Energy, the current supplier, decided not to bid, as it has been reported that they are pulling out of the Illinois market and are getting out of residential aggregation. Two weeks ago, by a vote of the communities that are part of the aggregation group, Home Field Energy was selected for a 36-month program with an average price of $.0695 cents per kwh. Mr. O Hara reported that two (2) years ago the Will County Governmental League bought electricity at essentially the bottom of the electric market, but since then prices have gone up and, at this point, the League is buying electricity at the upswing. The League believes that prices are going to continue to rise over the next three (3) years and this deal will look better and better over that time with $.0699 cents for the first (24) months and $.0685 per kwh for the last (12) months. When ComEd s new price starts in October, 2014 it will be $07.42 cents per kwh. Home Field Energy, a subsidiary of downstate Dienergy, currently serve ½ million residential customers in Illinois. Mr. O Hara stated that it is important to note that Home Field Energy has power generation in Illinois because some communities who signed aggregation deals this last time, signed with suppliers who do not have any generation behind them and were simply power brokers. When the polar vortex happened, prices went from a couple hundred dollars a megawatt hour to $10,000 a megawatt hour and some of those companies were not able to keep up with the demand and lost their aggregation deals because the companies could no longer provide those Will County communities will electricity. Mr. O Hara stated that there are over 80,000 accounts within the seventeen (17) member communities and he believes this should be a seamless transition. Mr. O Hara stated that Home Field Energy will begin billing residents, who have not opted out of the plan, for the supply line on the ComEd s bill in December 2014 of January Mr. O Hara noted that if residents have a question about their bill, or there is a power outage or power lines are down, they will continue to call ComEd. Mr. O Hara stated that anyone who opted out of the program two (2) years ago, will get a letter from Home Field Energy and they will have to opt out of the program again. Residents initially have (21) days to opt out, after which time they will be moved over to Home Field Energy. Mr. O Hara stated that residents can leave this program at any time with no termination fees. Village of Homer Glen Page 5

6 Trustee Sweas noted that Home Field Energy uses 80% coal and nuclear energy and she asked if there was another company, that might have been slightly higher, that had more renewable energy. Mr. O Hara stated that Home Field Energy, as well as the other bidder, both provided options that would have provided more renewable energy. While the last contract was 100% renewable, this one is back to the State minimum of 15% renewable. Mr. O Hara stated that the Will County Governmental League seventeen (17) member communities voted overwhelmingly to go with the lowest price and provide residents with the most savings. G. PUBLIC COMMENT 1. Ken Price, Watermark Engineering, 2631 Gingerwoods Parkway, Aurora, stated that he presents the civil Engineering firm for the Wendy s remodel project on Bell Road. Mr. Price thanked the Village staff for helping them get through the process and for their time in looking at the project. Mr. Price stated that he will be available to answer any questions from the Village Board about Wendy s remodeling project. 2. David Gozdal, Saddle Brooke Lane, voiced his concern about the Village ordinance regarding the storage of trailers and recreation vehicles. Mr. Gozdal stated that, in his opinion, this is a blight issue, and he questioned why he would have to move his snowmobile trailer from his own driveway if his neighbors are not complaining about him storing his trailer on his property. Mr. Gozdal stated that he purchased one (1) acre of land to make sure that he would have enough land for the storage of his snowmobile trailer and he was not aware of this Village ordinance before he moved into Homer Glen. Mayor Daley stated that he disagrees with the Public Services and Safety Committee s recommendation to have Homer Glen residents remove or provide proper screening for their boats and other recreational vehicles. The Mayor stated that he believe that this issue needs to go back to the Public Services and Safety Committee so they can discuss the size of trailers and recreational vehicles that are well maintained and units that may be blocking crosswalks. The Mayor stated that Chief Building Official Joe Baber has told him that the Village receives very few calls for blights on driveways. The Mayor stated that he does believe this ordinance needs to be stayed and revisited by the Public Services and Safety Committee. Trustee Yukich, co-chairman of the Public Services and Safety Committee stated that is recommending a stay be put on the enforcement on the Village s Existing Outdoor Parking of Recreational Equipment/Vehicles and/or Commercial Related Vehicles until March 1, Trustee Yukich stated that the Public Services and Safety Committee discussed the fact that this ordinance, as currently written, is unfair to the residents who are not doing anything wrong and the Committee will be revisiting this ordinance at their future meetings which are held the first Wednesday of each month in the Village Board Room. Trustee Yukich asked Mr. Baber if this ordinance was approved by the Village Board in Mr. Baber confirmed that this ordinance was first approved by the Village Board in Mayor Daley stated that the March 1, 2015 date is pending Village Board s approval of a stay on Village Staff s Enforcement of the Village s Existing Outdoor Parking of Recreational Equipment/Vehicles and/or Commercial Related Vehicles at tonight s meeting. The Mayor noted that, while the ordinance was approved by the Village Board in 2008, he has never enforced the ordinance that told Homer Glen residents that they had to remove their boats or recreational vehicles from their driveways. Trustee Costa clarified that he and Trustee Yukich are co-chairmen of the Public Services and Safety Committee. 3. Mike Thiessen, 3920 Center Avenue, Western Springs, owner of Betty s Bistro stated that since leasing their first space in the Jewel Shopping Center, they have negotiated a lease for a larger space in the same shopping center in order to adhere to the Village s requirement of 1,500 sq. ft. for a Class A Restaurant with Service Bar liquor license. Mr. Thiessen stated that he believes Betty s Bistro can attract customers and add value to Village of Homer Glen Page 6

7 the Shopping Center and their customers will add to the retail sales tax base in Homer Glen. Mr. Thiessen stated that Betty s Bistro has been approved in four (4) other municipalities for a restaurant and they are very serious about meeting the qualifications for a restaurant in Homer Glen. 4. Andrea Crowley, S. Robert Road, Palos Hills, spoke on behalf of the Circle K. Ms. Crowley noted that 7-Eleven is pulling out of the area and Circle K is looking to take over 7-Eleven s current location at S. Will-Cook Road. Ms. Crowley stated that Circle K is asking for a Special Use permit to operate outside the normal business hours and a Special Use to permit the sale of liquor, both of which have been in place at the existing 7-Eleven since Ms. Crowley stated that she and Mr. Glen Gorman, Jr., the owner of the property, are here to answer any questions from the Village Board. 5. Lorri Dilger, Graceland Court, stated that she believes the Woodbine property is an excellent venue to develop into an interactive and well as a passive parcel of land that all residents, young and old, can enjoy and be proud of. Mrs. Dilger stated that she believes it is clear that the development of Woodbine needs to be run much like a business and the Village needs to develop objectives, strategies and timelines. A committee with responsible residents who have only the very best for Homer Glen in mind also needs to be put in place. Mrs. Dilger stated that she believes representatives on this committee should include homeowners from the Woodbine subdivision, representation from Homer Glen seniors and each sports organization in Homer Glen should also have representation. Mrs. Dilger stated that she does not believe there needs to be any more discussion by the Village Board as to whether Woodbine Golf Course should remain open through the end of 2015 and noted that many golf courses have closed or are for sale. Mrs. Dilger stated that she believes there have been flooding problems in the Woodbine subdivision for years and she asked the Village Board to fix these flooding problems instead of using the development of the Woodbine property as another reason to prolong the flooding problems. Mrs. Dilger questioned why lighting issues only exist in Homer Glen and questioned if there was some reason why other neighboring suburbs can operate and maintain open park spaces with lights and Homer Glen should not. Mrs. Dilger stated that she believes Mayor Daley when he says the Village has the money to start working on the Woodbine development and she asked the Village Board to be proactive for our community and start doing what is right for Homer Glen. 6. Brock Backal, Eagle Ridge Drive, asked Mayor Daley how many years he served on the Homer Stallions Board. Mayor Daley stated that he was a coach for eleven (11) years, Board member for eight (8) years and president for five (5) years. Mr. Backal asked the Mayor if he found any conflict of interest in his pursuit to put some sports fields on the Woodbine property. Mayor Daley stated that there was absolutely no conflict of interest in his recommendation to put some sports practice fields on the Woodbine property. Mr. Backal stated that he believes the Mayor and the Village Board have not made any determination on how they are going to pay for this Woodbine project, and, it is his opinion, that the taxpayers are going to end up with the burden of paying for his project. Mr. Backal stated that he believes the Mayor has had private meetings with the sports clubs in order to create favor with this voting bloc in advance of the Woodbine park project. Mr. Backal stated that he believes it is unethical and certainly shows the Mayor s bias to support the sports groups. Mr. Backal stated that he became a member of the Homer Athletic Club (HAC) fifteen (15) years ago when their budget was around $85,000 a year and he left that program six (6) years ago when they had a budget close to $1 million. Mr. Backal stated that he does not believe that the Homer Athletic Club needs field space at that time, or any other time, and they previously have rented their field time to other Homer Glen teams when their fields were not being used. Mr. Backal stated that, in his opinion, the Homer Athletic Club is a very wealthy Club, they do not need any more fields and if they want more fields they should pay for them with their own money. Mr. Backal stated that, he believes, HAC s enrollment numbers are down and he questioned why they would need more fields. Mr. Backal stated that Homer Soccer has been complaining about field space; however, based on information that was provided to him by Homer Township through the Freedom of Information Act, the Village of Homer Glen Page 7

8 reason they have no field space is because Homer Soccer, without the permission or knowledge of the Homer Township Board, were leasing its field space to outside groups and they were not compliant with the concession sales nor did they meet the residency requirements that would allow them to utilize the Homer Township fields. Mr. Backal asked Trustee Costa if Brian Krockey has provided him with the enrollment numbers for the Homer Stallions that he had requested months ago, for last year and the past five (5) years. Trustee Costa stated that he has not received the enrollment numbers. Mr. Backal stated that he does not believe it is the taxpayers of Homer Glen obligation to subsidize the burden of providing our hard earned tax dollars to fund sports clubs for children in Homer Glen. 7. Jim Pfeiffer, W. Montaux, Lockport, Athletic Director for the Homer Stallions, stated that he has been in both the Lockport and Homer Glen sports programs for seven (7) years and School District 33C has allowed the sports teams to use their property on Parker Road for the last three (3) years. Mr. Pfeiffer stated that Homer Stallions numbers are declining in some area due to safety issues at these temporary playing fields and he believes the sports teams need the extra space. 8. Patrick Crowley, Carlinger Station, Lockport, stated that he agrees with Mr. Pfeiffer that more fields are needed for the Homer Glen sports teams. 9. Brian Ganser, Anne Ct., stated that he in favor of adding sports fields to the Woodbine property. Mr. Ganser stated that, in traveling with his children to the games in other communities, he believes that the number of sports fields, the quality of the fields and the amount of parking in Homer Glen is insufficient, compared to 90% of the sports fields in other communities. 10. Tahred Issa, S. Crème Road, questioned why the Village told her that she is not allowed to keep her three (3) chickens on her 1-1/2 acre residential property. Mayor Daley asked Ms. Issa to contact ErinVenard at the Village Hall to discuss the different zoning districts in Homer Glen and what residents can and cannot have on their property, depending on how the property is zoned. 11. Mary O Connor, Ron Ct., stated that her family has owned boats for twenty-eight (28) years and she believes that disallowing the storage of boats and other recreational vehicles on residents property is an arbitrary and unfair rule and should be handled on an individual basis. Mrs. O Connor asked that the Village Board consider the cost and inconvenience to Homer Glen residents of storing a boat at an outside facility. 12. Kevin Loeffler, Chicago-Bloomington Trail, commented that he supports having additional sports fields on the Woodbine property. 13. Brian Krockey, Eagle Ridge Drive, stated that he believes it is time for the youth in Homer Glen to get some things that they have not had in the past. Mr. Krockey stated that currently the Homer Stallions has (461) members and the numbers vary between 450 and 500 each year. Mr. Krockey stated that the Homer Stallions Board and members have no issue with Mr. Ludwig or the golf course and he thanked Mr. Ludwig for everything he has done in the community. Mr. Krockey stated that he, Dan Dilger and a representative from HAC toured the Woodbine Golf Course with Trustees Sweas and Yukich to discuss what could be utilized on the property for the sports teams practice space. Mr. Krockey stated that two (2) of the holes on the golf course that were contiguous to the Homer Township Sports Complex were pointed out to Trustees Yukich and Sweas. Mr. Krockey stated that, at that time, Trustee Yukich supported using these two (2) holes on the golf course as practice fields; however, now some of the Village Trustees want to allow Mr. Ludwig to keep the golf course open until the end of Mr. Krockey noted that the Village of Homer Glen held a public meeting at the Jr. High School and invited all the residents to come and discuss the Woodbine property. At that meeting none of the Village Trustees said that they supported having Woodbine s 18-hole golf course open until the end of 2015; however, at a Village Board meeting several weeks later, some of the Village Trustees stated that they supported having the golf course operate through Mr. Krockey asked the Mayor and Village Board to Village of Homer Glen Page 8

9 think about all of the needs of the community and not just the sports groups, when looking at uses for the taxpayer owned Woodbine property. Trustee Yukich stated that he and Trustee Sweas met with Mr. Krockey, but not one of the Village Trustees or the Mayor could promise anything to the sports groups at that time. Trustee Yukich stated that he told Mr. Krockey that he was in favor of having practice fields on the Woodbine property, but he also told Mr. Krockey that his first concern was correcting the flooding problems and making sure the property was engineered before the Village made any plans for the use of the property. Trustee Yukich noted that the public meeting at the Jr. High School was an opportunity for all of the residents to say how they would like the Woodbine property to be used, which is what they did. Trustee Yukich stated that he does not have an issue with putting paying fields on the future Woodbine park property; however, it does take time to complete the engineering and develop and design a plan for the future park. Trustee Yukich stated that he believes if the Village rushes through determining the uses for the Woodbine property, more damage can be done to the land and it would cause more flooding. Trustee Yukich stated that he does not know where the Village is getting the money to develop the park property and he believes the Village needs time to determine where the money is coming from so the taxpayers of Homer Glen will not have to pay to develop the park. Mayor Daley stated that he talked with KDF Engineering in Homer Glen. The Mayor read a portion of the correspondence he received from KDF Engineering. Pursuant to our meeting on Friday, please find attached the proposal for proposed drainage improvements at the east side of Woodbine Golf Course. It is my understanding that there are some flooding issues in the subdivision to the east of the golf course. In order to reduce the run-off, it has been suggested that restricted detention areas should be excavated at both outfalls from the golf course. These ponds will slow the release of run-off to downstream system. I would anticipate that this project could be completed from design to construction in approximately three (3) to four (4) months. Mayor Daley stated that he does not believe the subdivision s drainage problems can be fixed unless the Village can put backhoes on the property or put in inlets where water is currently running over the top of the manholes... The Mayor stated that this would be a simple way to fix a couple of the detention ponds and slow down the flow to allow the lines that are in Woodbine to act the way they are supposed to act. Mayor Daley stated that, in his opinion, the Village should put the drainage improvement project out to RFQ (Request for Qualifications), bring in qualified people, close Woodbine Golf Course on December 31, 2014, get the banquet facility/clubhouse remodeled, get out of our current Village Hall offices, which we rent for approximately $250,000 a year, and move into the new Village Hall sometime in Barb Nietzke, Anne K Drive, stated that while she has nothing against a golf course or sports fields, when she left the Special Village Board meeting that was held at the Jr. High School, it was stated that the Village would have further meetings and conversations with the public as to what would be happening with the Woodbine property; but she has heard nothing since that meeting. Ms. Nietzke voiced her concern that all of the discussion on the Woodbine property seems to be put under Old Business so the public does not hear about it. Ms. Nietzke noted that there are a large number of children at tonight s Village Board meeting who are members of the Homer Glen sports teams. Mrs. Nietzke stated that, while she is not saying that sports are not good for the community, she believes that the Village needs to look at having a meeting in a larger facility so all the parents, taxpayers and residents of Homer Glen have an opportunity to attend. Mrs. Nietzke stated that she believes the Village and residents need to take time and figure out what is the best use for the Woodbine property, other than additional sports fields. Mayor Daley noted that the Village has not yet gone out to RFQ for professional services to secure a park planner to help us plan the park because the decision has to be made first as to whether or not the Village s Existing Woodbine Golf Course Management Agreement will be terminated on December 31, 2014 or if here will be an extension for another year. Village of Homer Glen Page 9

10 15. Mike Torres, Huntley Road, stated that he has attended many Village Board meetings where the Woodbine property had been discussed and he does not believe the discussion has been geared toward having sports fields at the Woodbine property. Mr. Torres stated that he believes this is a great opportunity for the Village to have a lot of uses for this property. Mr. Torres noted that many of the practice fields that the sports teams are currently using are unsafe because they are overcrowded with teams and there is no defined parking. Mr. Torres noted that the children who are in attendance at tonight s Board meeting are here because they care and their parents care about how the Woodbine property will be developed. Mr. Torres stated that he believes this property can be used for many activities in addition to sports. Mr. Torres asked the Village Board to move forward and do something with the Woodbine property that will benefit all the residents of Homer Glen. Mayor Daley stated that, before the end of tonight s meeting, the Village Board will have a discussion with Mr. Ludwig regarding the Village s Existing Woodbine Golf Course Management Agreement. The Mayor invited everyone in attendance to stay for that discussion. H. LEGISLATION AND ACTION ITEMS 1. Motion to Approve the Mayor s Appointment of Trustee Sweas to the Village s Administration and Finance Committee. It is understood that Trustee Sweas will immediately take over Trustee Costa s on the Administration and Finance Committee. Trustee Costa made a motion to approve the Mayor s appointment; second by Trustee Yukich. Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. 2. Ordinance No An Ordinance Authorizing the Issuance of a Special Use to Permit a Final Planned Unit Development for the Property Commonly Known as S. Bell Road, Homer Glen, Illinois (Wendy s International Inc.) conditioned upon: The submittal, review and approval of the final engineering plans by Village staff. Trustee Sabo made a motion to approve Ordinance No ; second by Trustee Kagianas. Trustee Sweas noted that there is a lot of signage and wording on the outside of planned Wendy s restaurant. Trustee Sweas asked if the wording between the two (2) carry-out windows was necessary, because she believes it clutters up the building. Trustee Sweas also asked if these letters will be lit up. Ken Price, Watermark Engineering, representing Wendy s, stated that the letters are not lit, the color scheme is very subdued and the wording is just for branding and imaging of the restaurant. Mr. Price stated that this lettering is the standard packaging with Wendy s International and is a part of their nation-wide program they are currently going through. Mr. Price noted that the sign s audience is the people who drive through the carry-out windows. Trustee Sweas asked if, for added safety, a railing separating the sidewalk entrance into the restaurant from the carry-out traffic could be added. Mr. Price stated that the railing could possibly be added to the plans for added safety. Village of Homer Glen Page 10

11 Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. 3. Ordinance No An Ordinance Amending Section 13 of Ordinance No , Providing for the Control of Alcoholic Liquor Within the Village of Homer Glen. It is understood that the number of Class G liquor licenses (Beer and Wine Package Sale) will decrease from eight (8) to seven (7) within the Village of Homer Glen. (7-Eleven Store #32075H, West 159 th Street) Trustee Yukich made a motion to approve Ordinance No ; second by Trustee Kagianas. Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. 4. Ordinance No An Ordinance Amending Section 13 of Ordinance No , Providing for the Control of Alcoholic Liquor Within the Village of Homer Glen. It is understood that the number of Class D liquor licenses (Package Store) will decrease from five (5) to four (4) within the Village of Homer Glen effective August 29, (7-Eleven Store #33925, Will-Cook Road) Trustee Yukich made a motion to approve Ordinance ; second by Trustee Sweas. Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. 5. Ordinance No An Ordinance Authorizing the Issuance of a Special Use to Permit the Sale of Alcoholic Beverages and a Special Use to Permit Hours of Operation Outside the Normal Business Hours for the Property Commonly Known as Will-Cook Road, Homer Glen, Illinois (GRG Enterprises, Inc. d.b.a. Will County Circle-K). Trustee Costa made a motion to approve Ordinance No ; second by Trustee Yukich. Trustee Yukich suggested that, due to the proximity of the store to neighboring residents, two (2) exceptions be added to the motion: (1) Alcohol can be sold until 1:00 a.m. on Friday and Saturday instead Village of Homer Glen Page 11

12 of 2:00 p.m., as currently allowed by the Village s Liquor Control Ordinance; and (2) No deliveries can be made in the back of the building from 9 p.m. until 6 a.m. Mayor Daley asked Assistant to the Village Manager-Planning and Zoning Erin Venard, what the normal business hours for the sale of package liquor are, as defined in the Village s Liquor Control Ordinance. Ms. Venard stated that the Liquor Control Ordinance shows the following hours for the sale of liquor for all liquor license classifications.. Sundays 10:00 a.m. to 1:00 a.m. the following day.. Monday thru Thursday 6:00 a.m. to 1:00 a.m. the following day.. Friday and Saturday 6:00 a.m. to 2:00 a.m. the following day. Manager Davis noted that 7-Eleven, who is the current liquor license holder, can sell liquor until 2:00 a.m. Mayor Daley stated that since all of the other businesses holding the same classification of liquor license for the sale of package liquor can sell liquor until 2:00 a.m. on Friday and Saturday, he does not see how one of the businesses should be allowed to sell liquor only until 1:00 a.m. on these same days. Trustee Yukich stated that he is recommending that this one (1) business only sell package liquor until 1:00 a.m. on Friday and Saturday because there are no other businesses in the immediate area who have houses 40 to 50 ft. behind their buildings. Mayor Daley asked the Village attorney if the Village Board could limit the sale of package liquor to 1:00 a.m. for this one (1) business. Attorney Sterk stated that this is a Special Use ordinance and the Village Board can put these two (2) conditions, as suggested by Trustee Yukich, for the sale of package liquors and delivery times to the store in the Special Use ordinance. Trustee Kagianas stated that he supports the approval of this Special Use ordinance and the change in delivery hours; however, if the Village Board is looking at relieving the traffic that may come in behind the building, putting a condition on Circle K does not put a condition on the delivery times of the other businesses in the shopping center. Trustee Costa asked if any other businesses in the shopping center are open 24/7. Manager Davis stated that, he believes, this is the only business that is opened longer hours. Trustee Sweas asked Andrea Crowley, representing Circle K, why she felt the petitioner could support a business that would be open 24 hours. Ms. Crowley stated that the 24 hour stipulation is a condition of the Circle K franchise agreement. Trustee Sabo voiced her concern that the corner of 143 rd and Will-Cook Road could become a hangout if the store is open 24 hours. She stated that she is not against the store opening at this location or their selling liquor, but she is concerned about the residents that live close to this location. Trustee Sabo stated that she would like to have seen Circle K find another location in Homer Glen that is not so close to residents homes. Trustee Sabo stated that even though 7-Eleven was previously at this location and was open 24/7, she feels that 143 rd and Will-Cook Road was also not a good place for 7-Eleven. Glen Gorman, Jr., current owner of the 7-Eleven store, stated that his business has been open 24/7 for the five (5) years and there have been very few issues at that location. Mr. Gorman noted that there are gas stations in the area that are also open 24/7 and sell liquor. Mr. Gorman stated that his 7-Eleven store Village of Homer Glen Page 12

13 brings in $2.4 million every year and, he believes, the Circle K will be very similar grossing business that will bring a lot of sales tax dollars into Homer Glen and create jobs. Mayor Daley asked Mr. Gorman if there would be a problem with the delivery times, as recommended by Trustee Yukich. Mr. Gorman stated that a large semi-truck makes a delivery once a week to his store and usually comes in on Tuesday night around midnight, but the delivery time can be changed. Mr. Gorman stated that, initially, the delivery was made during the day, but it was very inconvenient to the other businesses in the shopping center because of the small parking lot. Mr. Gorman stated that the store does not have a back door, so the truck can only park in the front and the delivery comes in the front door that faces Will-Cook Road. Mr. Gorman stated that he does not feel the delivery affects the residents who live behind the store. Ms. Crowley stated that Circle K uses a different wholesaler than 7-Eleven and they do not deliver beyond midnight. Trustee Kagianas stated that it appears Circle K will be providing the same type of business as the current 7-Eleven, which has been successful, without issue, for the past five (5) years. Mayor Daley asked if Circle K would agree to change the sale of package liquor from 2:00 a.m. to 1:00 a.m. on Friday and Saturday and have no deliveries between the hours of 9:00 p.m. and 6:00 a.m. Ms. Crowley asked if deliveries could be permitted until 11:00 p.m. The Village Board agreed to permit deliveries until 11:00 p.m. Trustee Kagianas asked Circle K to work with the owners of the shopping center on repairing the retention wall behind the building. Mr. Gorman stated that the owner of the shopping center is aware of the problem with the maintenance of the retention wall. Trustee Costa amended his motion to allow liquor to be sold until 1:00 a.m. on Friday and Saturday and that deliveries cannot be made between the hours of 11:00 p.m. and 6:00 a.m.; second by Trustee Yukich. Ayes: (5) Trustees Costa, DeVivo, Kagianas, Sweas and Yukich Nays: (1) Trustee Sabo Motion Carried. 6. Ordinance No An Ordinance Amending Section 13 of Ordinance No , Providing for the Control of Alcoholic Liquor Within the Village of Homer Glen. It is understood that the number of Class D liquor licenses (Package Store) will increase by one (1) (GRG Enterprises, Inc. d.b.a. Will County Circle-K). Trustee Costa made a motion to approve Ordinance No ; second by Trustee Sweas. Village of Homer Glen Page 13

14 Ayes: (5) Trustees Costa, DeVivo, Kagianas, Sweas and Yukich Nays: (1) Trustee Sabo Motion Carried. 7. Ordinance No An Ordinance Assigning an Available Class D Liquor License (Package Store) to GRG Enterprises, Inc. d.b.a. Will County Circle-K, Located at Will-Cook Road, Homer Glen, Illinois. Trustee DeVivo made a motion to approve Ordinance No ; second by Trustee Costa. Ayes: (5) Trustees Costa, DeVivo, Kagianas, Sweas and Yukich Nays: (1) Trustee Sabo Motion Carried. 8. Motion to Approve One (1) Special Event Application for: The Bunco Tournament which will be held on the Konow Farm Property. It is understood that approval of this Special Event Application will exceed the Village s established limit of two (2) allowed special event occurrences per calendar year, for each zoning lot, as spelled out in Ordinance No Trustee Kagianas made a motion to approve the one (1) Special Event Application for the Konow Farm property; second by Trustee Sabo. Ayes: (6) Trustees Costa, DeVivo, Kagianas, Sabo, Sweas and Yukich Nays: (0) None Motion Carried. 9. Ordinance No An Ordinance Authorizing the Issuance of a Special Use to Permit the Sale of Alcoholic Beverages and a Special Use to Permit Hours of Operation Outside the Normal Business Hours for the Property Commonly Known as S. Bell Road, Homer Glen, Illinois (Blackhawk Restaurant Group LLC Series HTSHomerGlen d.b.a. Betty s Bistro). Trustee DeVivo made a motion to approve Ordinance No ; second by Trustee Kagianas. Trustee Yukich asked Mike Thiessen, petitioner for Betty s Bistro, if they would have a full kitchen with food being prepared on site, as required by the Village of Homer Glen s Liquor Control Ordinance. Mr. Thiessen stated that Betty s Bistro will be preparing sandwiches on site, in addition to serving salads and soups. Food will be prepared using a confection oven, microwave, heating tray, cooling tray and cooling table. Mr. Thiessen stated that the sandwiches are delivered already prepared and are on a five (5) to seven (7) day rotation, after which time they are not served to their customers. Mr. Thiessen stated that Village of Homer Glen Page 14

15 Betty s Bistro meets all of the food safety standards as set by the Illinois Department of Public Health for a restaurant. Following further discussion, the Village Board agreed that Betty s Bistro did not prepare and cook food on site or have the required equipment for cooking the food, as stated in the Village s Liquor Control Ordinance. Ayes: (1) Trustee Kagianas Nays: (5) Trustees Costa, DeVivo, Sabo, Sweas and Yukich Motion Failed Mayor Daley stated that since Ordinance No failed, the Village Board would not be discussing the approval of Agenda items H10 and H Ordinance No An Ordinance Amending Section 13 of Ordinance No , Providing for the Control of Alcoholic Liquor Within the Village of Homer Glen. It is understood that the number of Class A liquor licenses (Restaurant with Service Bar) will increase from three (3) to four (4) within the Village of Homer Glen (Betty s Bistro). 11. Ordinance No An Ordinance Assigning an Available Class A Liquor License (Restaurant with Service Bar) to Blackhawk Restaurant Group LLC Series HTSHomerGlen d.b.a. Betty s Bistro Located at S. Bell Road, Unit B-12, Homer Glen, Illinois. I. OLD BUSINESS 1. Resolution No A Resolution Approving Funding for the 159 th Street Improvement Project and Approval of a Joint Agreement with the Illinois Department of Transportation (IDOT) for the Village s Portion of Expenditures Related to the 159 th Street Improvement Project. It is understood that the total cost to the Village is $891,963.00, which includes costs related to: sidewalk and shared use paths, intersection lighting (Bell Road, South Bell Road and Parker Road intersections), the relocation of beacon lighting, traffic signals and emergency vehicle pre-emption equipment and engineering design. Trustee DeVivo made a motion to approve Resolution ; second by Trustee Kagianas. Trustee Sweas stated that, while the Village Board has asked IDOT if the planned intersection lighting is the minimum lighting allowed according to their standards, she believes it would have been better if the Village should have sent a letter to IDOT requiring a reduction in the intersection lighting. Trustee Sweas stated that at the T-intersection at 159 th and South Bell Road there will be fifteen (15) street lights. There will be twenty-two (22) streets lights at 159 th and Bell Road T-intersection and twenty-two (22) lights are planned at 159 th and Parker Road. Trustee Sweas noted that with the twenty-six (26) lights at the intersection of 159 th and Cedar Road, although not within the boundaries of Homer Glen, within approximately 4-miles from South Bell Road to Cedar Road, she believes that there will be ninety-two (92) new street lights. Trustee Sweas stated that she does not consider this minimum lighting and she believes Village staff could have negotiated with IDOT regarding the lighting at South Bell Road because it is so close to Bell Road. Village of Homer Glen Page 15

16 Mayor Daley stated that, in two (2) separate letters, IDOT has assured the Village that this is the minimum amount of lighting, according to IDOT standards, and they are not going to change anything. IDOT has already confirmed that this plan is their minimum lighting. Trustee Sabo stated that she believes IDOT s guidelines are standards that they adopted. Trustee Sabo stated that when the Village Board asked IDOT for minimum lighting, she believes they are giving us their standard lighting and it is not really minimum lighting. Trustee Sabo commented that she feels it was unfortunate that the Village did not try to further negotiate with IDOT on the planned lighting. Trustee Sabo stated that she believes the Village could have done something on our own with the lighting. Trustee Sabo stated that, in her opinion, this is extreme over lighting and it does not mean it is safer lighting. Trustee Sabo noted that the State of Illinois House Resolution No talks about the nation s use of energy, the detrimental effects of over lighting, the effects on human health and it has added to the sky glow. Trustee Sabo stated that with IDOT s intersection lighting on 159 th Street, we are now adding more light pollution. Trustee Sabo stated that, despite the initial cost of over one half million dollars of the taxpayers money to put in all of these lights, the cost of the lighting will be ongoing with the Village s continued cost of the electricity. Trustee Sabo noted that in 2010 the Village of Homer Glen sent a letter in support of Illinois House Resolution No. 0884, Responsible Outdoor Lighting; however, at this time it seems to her that the State of Illinois, IDOT and the Village of Homer Glen are in conflict with what is smart lighting. Mayor Daley read, for the record, a portion of a letter from John Fortmann, Deputy Director of Highways, that the Village received when we first started estimating what the Village s cost would be for sidewalks, walking paths and lighting. The Mayor noted that the cost to the Village is now more than $1 million lower than the original estimates for the lighting and the sidewalks and the multi-use paths. The Department met with you, several Village Trustees and personnel at a Special Board meeting held on January 21, 2014 at the Village Hall to discuss and answer questions regarding 159 th Street lighting. Department staff indicated that the lighting would be designed to meet IES standards and the Department s policies and specifications. The Department s design provides the minimum equipment to meet the requirements of both IES standards and Department policy. The Department will continue to work with the Village staff to final all design requirements so they can be concluded in the contract plans. If you have any questions or need any additional information, please contact me or Mr. Jose Rios, Program Development Engineer. Very Truly Yours, John Fortmann Deputy Director Highway Region 1 Engineer Mayor Daley stated that IDOT is bid letting the job on November 1, 2014 and they have awarded the tree contract to Homer Tree Service, who has forty (40) days to remove the designated trees from I-355, east to Ravinia Avenue in Orland Park. Trustee Sabo stated that this is IDOT s minimum standard and, she believes, it is not what most of the Village Board expected it to be. Ayes: (4) Trustees Costa, DeVivo, Kagianas and Yukich Nays: (2) Trustees Sabo and Sweas Motion Carried. Village of Homer Glen Page 16

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