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1976-06-21 - Village Board Regular Meeting - Minutes 4606 6/21/76 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, JUNE 21 , 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. In the absence of the President, the Clerk called the meeting to order at 8:05 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: Trustees Mahoney, Rech, Driscoll , Bogart, Marienthal Trustee Carroll arrived at 8: 15 P.M. and President Fabish arrived at 8:40 P.M. Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; James Shirley, Village Treasurer; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works; William Dettmer, Chief Inspector; and William Whited, Administrative Assistant. Moved by Marienthal , seconded by Driscoll to appoint Trustee Mahoney President Pro Tem in the absence of President Fabish. Upon voice vote, the motion passed unanimously. 1 . Minutes of June 14, 1976 Moved by Rech, seconded by Bogart to approve the minutes of the regular meeting held June 14, 1976, as published. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. 2. Warrant #338 Mr. Shirley presented Warrant #338, in the amount of $132,492.47. Moved by Driscoll , seconded by Rech (for discussion purposes) to approve Warrant #338. Several items were questioned but no changes made. Trustee Carroll arrived during the discussion. Upon roll call , the vote was: AYES: 4 - Mahoney, Driscoll , Bogart, Carroll NAYES: 2 - Rech , Marienthal Motion declared carried. 3. COMMITTEE OF THE WHOLE Bicentennial Presentation Barbara Sheldon, Chairman of the Bicentennial Commission, read a Bicentennial message to the Village of Buffalo Grove from the President of the United States. 4607 6/21/76 Ms. Sheldon invited all to share in the Fourth of July celebration which will consist of a bicycle and costume parade, dedication of the Public Service Center, games, water fights, food booths, and a fireworks display. Trustee Mahoney requested that the Presidential message be displayed in Village Hall in a secure place. Nuisance at 242 Selwyn Trustee Mahoney asked if this Board were the proper forum for taking a position on declaring a barking dog a nuisance. He noted that the alleged complaint would constitute a violation of the Animal Control Ordinance. Mr. Raysa suggested that the petitioners proceed under the section of the Animal Ordinance and ask the Police Chief to issue a citation. Trustee Mahoney requested that Mr. Raysa contact Chief Walsh and discuss the recommended procedure so that the dispute can be resolved in court. Price Animal Hospital Trustee Mahoney swore in Dr. Ronald A. Price who was present to request rezoning of property located at Route 83 and Buffalo Grove Road from the B-3 Planned Business Center District to B-1 Business District , Limited Retail , with special use for an animal hospital . Dr. Price introduced Dr. Charlene Boeing Price who is a party to the petition and a business partner. He presented a letter from Maurice Noll , Mayor of Mundelein, introducing Dr. Edwin 0. Sullivan who is a party to the petition and has financial interest in this business venture. Dr. Price stated the intent is to develop an animal hospital on the southwest corner of Route 83 and Buffalo Grove Road. The property is part of a large parcel which is zoned B-3. He described surrounding property as a service station, a nursery, and vacant land. He distributed pictures of the existing building. The existing building will be used as a shell with new electrical , heating and cooling units, and plumbing being installed. The facility will be connected to the sewer system. Exterior design will be a dropped cedar roof shingle with cedar-like siding and some masonary. He then displayed elevation and floor plans of the remodeled building. Dr. Price stated that no dogs will be boarded, no pets will be kept outside, no incineration will be performed, and there will be no treatment of horses, cows, or goats. Dr. Price displayed two phases of construction plans, phase I being use of the existing building with little change. Gasoline islands and storage tanks will be removed as required by Fire Code. The septic field will be drained and back-flushed with sand. Phase 2 was a possible plan that would go into effect in the event of widening of Route 83. The plan included a 50 ' right-of-way dedication. Arnold Klehm of Charles Klehm and Son Nursery reviewed the landscape plan. President Fabish arrived at this time. V 4608 6/21/76 Referring to the landscape plan, Trustee Bogart asked how far the shrubbery is planted into the right-of-way. Mr. Klehm stated that the plants will be low growing which would not impede visability of road. After discussion, Mr. Klehm stated that the plantings in the r.o.w. will be deleted from the plan. Dr. Price stated that a veterinarian facility in this location will provide a low volume traffic pattern (four cars per hour) in a heavy traffic area. He felt the facility will remove an eyesore from the community and replace it with an attractive building and surroundings that would blend with future �./ development. He said the Plan Commission approved the idea and the Appear- ance Control Commission approved the structure and design of the building. Howard Mendenhall , Plan Commissioner, stated the Commission approved the request with one dissenting vote. The negative vote was because of the traffic pattern associated with Phase 2. Trustee Bogart noted that during Plan Commission hearings , Commissioners Goldspiel and Harris asked about fencing the exercise area. Dr. Price did not feel it was necessary because it will be an area for patrons to take their animals prior to entering the hospital . Patrons will be asked to keep their gets on leash. After discussion, Dr. Price agreed to permit the Village to enter the property to enforce the leashing provision of the Animal Ordinance if necessary. In the absence of a representative of the Appearance Control Commission , Mr. Dettmer stated that the Commission felt this was a good plan. Trustee Bogart felt that if the Board approves this petition , it should be referred back to the Appearance Control Commission for re-evaluation. Dan Heinrickson, 257 Forest Place, spoke in favor of the petition. He felt an animal hospital is needed in the area and that the one proposed would be aesthetically pleasing. Trustee Carroll expressed concern about the remaining portion of the 6-3 property. Dr. Price stated that the property is owned by three separate owners and attempts to bring it under one ownership have failed. For this reason, he did not feel that a plan for the entire parcel would be presented. He also noted that the property in question has an existing building. He felt this area warranted a low traffic service facility. Trustee Carroll asked Commissioner Mendenhall to point out advantages or disadvantages of B-3 over B-1 . Mr. Mendenhall stated that use is more restrictive under B-1 and B-3 requires a plan for the total area. He did not feel the total property would be developed as one because of the separate ownership. Trustee Bogart asked if the requested B-1 with special use could be reverted to B-3 if the animal hospital should go out of business. Mr. Raysa stated if the special use ceases to exist for one year, the property would revert to straight B-1 zoning. Mr. Larson stated that a special use is not required because animal hospitals are a permitted use under B-1 . Discussion followed and it was decided to investigate this. I 4609 6/21/76 In response to a question from Trustee Carroll , Dr. Price stated that he had exercised his option to purchase the property. Dr. David Epstein spoke in favor of the animal hospital . He felt it would be a credit to the community and would bring business to Buffalo Grove. Moved by Rech, seconded by Mahoney to direct the Village Attorney to prepare the necessary ordinances to rezone the property on the southwest corner of Route 83 and Buffalo Grove Road to B-1 with a special use for an animal hospital , that the request be referred back to the Appearance Control Commission for rehearing prior to adoption of the ordinance, and that approval be for Phase 1 plan (Plan Commission document #527-2) . Mr. Larson stated that the previous Appearance Control Commission hearing was premature because it should have been prior to final plat approval instead of rezoning. Dr. Price agreed to connect to the Village water system at the time it is available within 200 feet of the property. Mr. Raysa stated that he would prepare a contract. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Marienthal NAYES: 1 - Carroll Motion declared carried. Police and Fire Commission/Appointment President Fabish appointed Frank Loeffler to the Police and Fire Commission for a three year term. Moved by Mahoney, seconded by Rech to concur with the appointment. Upon voice vote, the motion passed unanimously. Plan Commission/Appointment Upon recommendation of the Plan Commission, President Fabish reappointed Stephen Goldspiel to the Plan Commission for a term to expire on April 13, 1978. Moved by Rech, seconded by Carroll to concur with the appointment. Upon voice vote, the motion passed unanimously. Upon recommendation of the Plan Commission , President Fabish reappointed Howard Keister to the Plan Commission for a term to expire on April 13, 1978. Moved by Rech, seconded by Mahoney to concur with the appointment. Upon voice vote, the motion passed unanimously. Blood Donor Commission/Aypointments Upon recommendation of the Blood Commission, President Fabish appointed Judy Witcher and Phyllis Bernstein to the Blood Donor Commission for three year terms to expire April 30, 1979. Moved by Marienthal , seconded by Mahoney to concur with the appointments. Upon voice vote, the motion passed unanimously. 4610 6/21/76 R.T.A. Bus Service President Fabih announced that the bus service from Buffalo Grove to the Arlington Heights train station will begin June 28, 1976. Schedule and route will be published. The Board approved signs to be posted on lamp posts along the route. Buffalo House Restaurant Phillip Kupritz, architect , introduced the two owners of the Buffalo House `./ Restaurant, Gerd Roeper and Geraldine Teichman. Mr. Kupritz reviewed his letter dated June 17, 1976. Because of the widening of Route 83 and the construction of an extension to Lake-Cook Road westward, Cook County purchased the front strip of land on which the Buffalo House Restaurant sits. Because the owners do not wish to have the building demolished, they request to remodel and relocate the structure further back on the property. He noted that the present location of the building is in the flood plain. Because the building was built in the 1ate1800's , if it were improved substantially to conform with Building Codes and the Zoning Ordinance, the project would be unfeasible. The remodeling will consist of retaining the dining and bar areas and adding new construction in the rear. The existing building is connected to a septic system and well . Parking for 45 cars will be parallel to Buffalo Grove Road. The main floor level will be kept above the 100 year flood plain. Trustee Mahoney felt the Board should extend every reasonable cooperation to the owners to keep the Buffalo House Restaurant because it is a landmark. In response to a question from Trustee Bogart, Mr. Larson stated that the Appearance Control Commission should review the plans prior to issuing building permits. In response to a question from Trustee Bogart, Mr. Dettmer stated there should be no problem with code enforcement. In response to Rich Heinrich of the Zoning Board of Appeals , Mr. Larson stated that the proposed location will conform with setback requirements of the Zoning Ordinance. Because of its closeness to Buffalo Creek, Trustee Rech preferred to see the building relocated further south from the creek. Mr. Kupritz stated that the proposed location is 65 feet from the creek and the owners would like to have space for future expansion. He also noted that relocating further south would be placing the building in the septic field. Trustee Rech questioned having a basement in a flood plain area. Mr. Kupritz stated that it will be an area for mechanical equipment only, and the equipment will be kept high. Trustee Rech asked if the new E.P.A. requirements would prevent a septic tank from being this close to the creek. Mr. Seaberg stated that no complaints have been received with regard to this septic field. Trustee Rech asked if the owners are aware that if the Village permits this building in the flood plain , the Village will not be held liable for any damage. The owners stated that they are aware. Trustee Rech stated that flood insurance will be costly for the owners and if the owners wish 4611 6/21/76 to sell , the buyers will have to be informed that the building is in the flood plain. In response to a question from Trustee Marienthal , Mr. Kupritz stated that the new portion of the building will conform to existing building codes. In response to a question from Trustee Marienthal , Mr. Kupritz stated that they will connect to the Village water and sewer system while the road is under construction. Because she felt the building is a landmark, Trustee Carroll suggested that it be near the front of the property with parking in the rear so that the building can be seen. Mr. Kupritz said they had considered this, but disregarded it because they felt parking should be located in an area where people can see where to park and the entrance should be located near parking. He said the parking area will be lower than the building; therefore, the building will be visable. Mr. Roeper felt that parking should be visable so that it is evident the restaurant is doing good business. President Fabish polled the Board, "yes" indicating favor of the proposed plan and "rib" indicating favor of relocating the building on the property. The poll found the following: Trustees Mahoney, Rech, Driscoll , Bogart and Marienthal - prefer parking in rear but it should be the owners ' decision. Trustee Carroll - prefer different plan even if parking is located on the side. Moved by Driscoll , seconded by Bogart to approve the request and refer it to the Appearance Control Commission for review. Mr. Larson noted that the final plans and landscape plan will have to be presented to the Board. Trustee Rech stated that these exceptions to the Flood Plain Ordinance would not have been made if the building had not had historical value. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 9:45 P.M. - The President declared a recess. 10:00 P.M. - The meeting resumed. Camelot Phase I Mr. Seaberg reviewed his report, dated June 17, 1976, regarding engineering review of Camelot Phase I . 4612 6/21/76 Discussion took place regarding the possibility of having enclosed drainage along Busch Road instead of an open drainage ditch. It was pointed out that the road is under control of Lake County, and it was their decision to have the ditch. In response to a question from Trustee Rech, Mr. Seaberg stated that storm water from the Phoenix property drains eastward along the north line of this subdivision. A 30" storm sewer was previously designed to pass the pick-up water through the property to the detention basin on the park site, `./ but through some minor grading along the west lot line of the adjacent property, the drainage can be diverted to the r.o.w. of Route 83 and around the corner to Busch Road. If approval of the adjacent property owner cannot be obtained, a larger storm sewer pipe will have to be designed. Trustee Rech preferred use of the larger pipe. Mr. Seaberg stated that he would like to prevent the larger pipe because there may not be enough room. Mr. Heinrich asked the slope of the lots in the grading plan. Because it is not known what models will be placed on which lots, Mr. Seaberg stated that he has requested permission , in certain cases , to deny building permits unless grading problems can be solved. Dick Lapham of the Buffalo Grove Park District presented a copy of a letter, dated March 1 , 1976, which stated that the Park Board gave conceptual approval of the Camelot preliminary plan. Referring to Mr. Heinrich's earlier comments regarding the possibility of requiring a 10 to 1 slope, Trustee Carroll requested a staff recommenda- tion. In response to a question from Trustee Rech, Mr. Kaufman of Surety Homes stated their sales policy is to not sell the same model home next to or across the street from another. In response to a question from Trustee Rech, Mr. Kaufman stated that they have had much success with their split level model in other communities, but if it is not marketable in Buffalo Grove, it will not be built because they build on contract only. Moved by Bogart, seconded by Marienthal to approve the final plat of sub- division of Camelot Phase I subject to the eight items contained in Mr. Seaberg 's memo, dated June 17, 1976, and exhibit #222-13 of the Plan Commission. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. Long Grove Boundary Agreement Moved by Rech, seconded by Driscoll to refer the proposed Long Grove Boundary Agreement to the Plan Commission for review and comment. 4613 6/21/76 Trustee Mahoney requested that the Plan Commission be advised that the Village Board has not formed any opinions regarding this agreement. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Ordinance #76-28 President Fabish read Ordinance #76-28 (ANNUAL APPROPRIATION ORDINANCE) . After discussion , it was moved by Mahoney, seconded by Rech to approve Ordinance #76-28 with the addition of $200,000 for Sanitary Sewer Main t Rehabilitation (EPA Grant) under Sewerage Operation. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 4. Board Comments Zoning Board of Appeals Trustee Bogart suggested that the Zoning Board of Appeals be invited to participate with the Plan Commission and Appearance Control Commission when they discuss the Village planning process with the Village Board. It was decided to invite them. Citizens Band Watch Program Trustee Bogart expressed concern that a citizen may be injured while participating in the Citizens Band Watch Program. He felt that vandalism watch is an area for the Police Department only. President Fabish stated that other communities have had no problem with this type of program. Trustee Carroll stated that participants of the program are advised that they are observers only. Newspaper Column Trustee Marienthal referred to Trustee Carroll 's column in the Reminder Newspaper on June 9, 1976. He said that he did not mind items being reported factually, but when there is much commentary and interjection of own thoughts and feelings, it is not fair to other Board members because they do not have the same opportunity. Trustee Bogart stated that the column said that the columnist voted "aye" on the Water Study Committee report when in fact she voted "naye". He noted that no Board member has had an effect on reduction in density - it was strictly a case of economics. i �� � � _ - - -- - - __ __ 4614 6/21/76 Trustee Carroll felt that her articles in the Reminder are a service to the citizens. She said there is no reason she should discontinue writing the column. She said that other Trustees could send articles and letters to newspapers if they so desired. Trustee Rech took exception to the fact that Trustee Carroll is taking advantage of her position as a Village Board member and a journalism student to manipulate what should be considered a public media. She said that in the June 9 column , Trustee Carroll took credit for various accomplishments but none of these items would have been accomplished without a majority vote of the Board. She then asked the President to poll the Board with regard to their feelings about Trustee Carroll 's continuing to write the column. I Trustee Carroll stated that she has a right morally, legally, and ethically to continue writing the column. In response to a question from Trustee Carroll , Mr. Raysa stated there is nothing illegal about Trustee Carroll 's *correction writing the column. `See Mr. Raysa's verbatim comments on page 4615. President Fabish stated that he does not object to a Trustee writing an article if it is factual and not slanted. He said there have been times when the article has been slanted. Trustee Marienthal stated that he does not object to a factual report, but he did object to an article similar to the one on June 9. Trustee Driscoll stated that he had not read the article. He said if comments are being made in the article that would sway the public, he would disagree with it. Trustee Bogart believed that Trustee Carroll has the ability to sway the general public with her comments in her column. He did not object to a factual column but he would object to anything else. Trustee Mahoney felt the particular column in question was in bad taste, but he also feels it is a free country. Industrial Commission In response to a question from Trustee Carroll , Mr. Larson stated that the Industrial Commission is scheduled to be on the agenda July 12, 1976. Vacations Because there seemed to be problems in getting a quorum for August meetings, President Fabish requested a note from each Trustee regarding their vacation schedule so that meetings can be scheduled accordingly. 5. Adjournment Moved by Driscoll , seconded by Mahoney to adjourn the meeting. Upon voice vote the motion passed unanimously. Time: 11 :25 P.M. Respe fully submitted, �_.._- c 'Verna L. Clayton, ViTlage7Clerk j 4615 6/21/76 PASSED AND APPROVED this V day of , 1976. � � ' ��- ' �- 1 Village resident 'RAYSA'S COMMENTS Raysa: There is nothing illegal about writing the column. I will not comment upon - - - I will not get myself involved in any controversy with respect to morality or anything of that nature, I will not comment on that. Carroll : Or personalities? Raysa: or personalities - strictly from a legal standpoint , you are entitled to write anything you please which is not libelous, slanderous, and even then you are entitled to write that if you want to take the risk of being sued for it, I suppose.