Loading...
1976-03-08 - Village Board Regular Meeting - Minutes 4513 3/8/76 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, MARCH 8, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 8:00 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: President Fabish; Trustees Rech, Bogart , Carroll , Marienthal Trustees Mahoney and Driscoll arrived at 8:05 P.M. Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works ; and William Whited, Administrative Assistant. 1 . Minutes of March 1 , 1976 Moved by Marienthal , seconded by Rech to approve the minutes of the regular meeting held March 1 , 1976, as published. Upon roll call , the vote was: AYES: 4 - Rech, Bogart , Carroll , Marienthal NAYES: 0 - None ABSENT: 2 - Mahoney, Driscoll Motion declared carried. 2. President 's Report President Fabish referred to a letter, dated March 14, 1976, from the Buffalo Grove Park District requesting a joint meeting on March 18, 1976. Because several Trustees did not have that date available, it was decided to set the meeting for March 29, 1976. President Fabish requested a notice of the meeting be sent to School Districts #96, #21 , and #102 so that their representatives may attend. Trustees Mahoney and Driscoll arrived during the discussion. 3. Questions from the Audience There were no questions from the audience. 4. COMMITTEE OF THE WHOLE Resolution #76-10 President Fabish read Resolution #76-10 commending Michael Chamberlain for his unselfish service to the Village of Buffalo Grove. Moved by Bogart, seconded by Rech to approve Resolution #76-10 as read. Upon voice vote, the motion passed unanimously. President Fabish presented a commendation plaque to Mr. Chamberlain. 4514 3/8/76 Business License Fees The Board reviewed a staff report, dated February 12, 1976, outlining Village inspection costs of businesses and suggested fee schedule to recover such costs. Marvin Hymen, developer of Plaza Verde Shopping Center, expressed opposition to the proposed increase in business license fees. He felt that Village con- struction fees, inspection fees, water rates, and engineering fees are high and stated that these fees are directly figured into the cost of rentals paid by the merchants. He noted that for each $100,000 in sales , the Village receives $1 ,000 in sales tax. He felt the $32.00 administrative cost figured into the fee should be reduced. Jackie Brinn , President of the Chamber of Commerce, stated that the Chamber unanimously opposes any type of increase. She said that most businesses are just getting started, and an increase in fee would place an undue burden on them. Larry Schwartz, Director of the Plaza Verde Merchants Association and Past President of the Chamber of Commerce, agreed with Mr. Hymen's and Ms. Brinn 's comments. He said the Association voted unanimously to oppose the increase. Steve Sandler of Dippy's Ice Cream Parlor stated that an increase in fee would put an undue burden on him to stay in business. He asked the Board to take a long look at the proposal before making a decision. Mr. Larson stated that fees have not been increased since 1969 and because of increase in Village inspection and administrative costs during that period, an increase in fees is necessary. He asked the Board to consider also the proposal for all business licenses to expire on January 1 , with the 1976 fee being figured on a pro rated basis. Discussion took place regarding number of inspections needed for various types of businesses, severe fines for violations, and purpose of business license fees. Mr. Raysa stated that State Statutes provide that a business license fee can produce revenue necessary to regulate a business but it should not produce other revenue. Moved by Carroll , seconded by Bogart to reject the increase in business license fees proposed by the staff. Trustee Rech felt there should be some type of increase. She felt that the increase proposed is high because no change has been made since 1969. She suggested that some kind of consideration be made for new businesses. Mr. Larson stated that the Village incurs the greatest expense during the first year a business is in operation. Trustee Carroll felt that an increase is needed, but she did not feel the proposed increase was proper. She felt that when the Village is trying to bring business and industry to the Village, the license fee should not be so high to discourage them. She suggested they be increased more at a later time. She suggested that this proposal be rejected and request the staff to submit another proposal . Upon roll call , the vote was: AYES: 4 - Bogart, Carroll , Marienthal , President Fabish NAYES: 3 - Mahoney, Rech, Driscoll Motion declared carried. 4515 3/8/76 Mr. Larson asked if the Board preferred a percentage increase. If not, what kind of increase did they want. Discussion followed. President Fabish polled the Board, "yes" indicating favor of adjusting fees to equal cost and "no" indicating opposition. The poll found the following: YES: 4 - Mahoney, Rech, Driscoll , Marienthal NO: 2 - Bogart, Carroll Discussion took place regarding type and amount of fee needed. Moved by Carroll , seconded by Rech to direct the Village Attorney to prepare an amendment to the Business License Ordinance to reflect the actual inspection cost plus a $16 administration cost making the fee schedule to read as follows: Food Establishments 0 - 1 ,000 square feet $ 60.00 1 ,001 - 5,000 square feet $ 80.00 5,001 - 10,000 square feet $145.00 10,001 - 20,000 square feet $210.00 20,001 or over $275.00 Service Establishments 0 - 1 ,000 square feet $ 35.00 1 ,001 - 5,000 square feet $ 40.00 5,001 - 10,000 square feet $ 65.00 10,001 - 20,000 square feet $ 80.00 20,001 or over $115.00 Retail Establishments 0 - 1 ,000 square feet $ 35.00 1 ,001 - 5,000 square feet $ 40.00 5,001 - 10,000 square feet $ 65.00 10,001 - 20,000 square feet $ 80.00 20,001 or over $115.00 Upon roll call the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Carroll , Marienthal NAYES: 1 - Bogart Motion declared carried. Moved by Rech, seconded by Mahoney to direct the Village Attorney to prepare an amendment to the Business License Ordinance to have all licenses expire on December 31 , but that during 1976 licenses will be prorated. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech , Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 4516 3/8/76 Refuse Ordinance Mr. Larson stated that several months ago, the Board requested the Environmental Control Commission to study the Refuse Ordinance and make recommendations for change. After meeting with the scavenger and the Village Attorney, the Commission has presented a new Refuse Ordinance for Board consideration. Herb Dorn, Chairman of the Environmental Control Commission, briefly reviewed the recommended changes. Trustee Mahoney suggested that the ordinance be reviewed by the Board of Health before Village Board consideration. He also felt it would be helpful to have a summary of changes. Mark Beaubien, attorney for Mr. Raupp of Buffalo Grove Disposal , stated that the proposed ordinance updates the old one and includes modern terms and techniques. He said they had requested a reduction in number of licenses issued from 3 to 2 , but that it was not included. Referring to the change in fee from $250 to $500, he felt the fee should be increased only if the number of licenses is reduced. He agreed with the proposal to require a $65.00 license fee for a scavenger hauling construction debris so that they can be regulated. He said that Mr. Raupp cooperated with the Committee. Mr. Larson stated that upon advise of Mr. Raysa, the number of licenses was not reduced because of the pending law suit with Waste Management. Mr. Raysa stated that this could be done if Mr. Raupp would agree to indemnify the Village. Moved by Bogart, seconded by Mahoney to table consideration of the proposed Refuse Ordinance until the first week in April . Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES : 0 - None Motion declared carried. Mr. Raysa advised that a decision on the proposed ordinance should be made prior to the expiration of present scavenger licenses which is April 30. 9:25 P.M. - President Fabish declared a recess 9:40 P.M. - The meeting resumed. Marquardt/Brosio Public Hearing Moved by Carroll seconded by Rech to remove from table the public hearing adjourned on March 1 , 1976. Upon roll call , the motion passed unanimously. President Fabish called to order the public hearing on the Marquardt/Brosio property which was adjourned at the meeting held March 1 , 1976. He noted the Notice of Public Hearing which appeared in the Buffalo Grove Herald on February 9, 1976. Subject of petition was for an amendment to the annexation agreement to approve a new preliminary development plan. Property involved is four acres on the east side of Buffalo Grove Road approximately 100 yards north of Dundee Road. President Fabish swore in James Ray, architect, and Dennis Hetler, attorney. 4517 3/8/76 Mr. Hetler stated that he represents Mr. Raymond Brosio and Mr. George Zimmerman who are the contract purchasers of the property. He said that Mr. Brosio and Mr. Zimmerman propose to own and develop the property as a small shopping center containing 40,000 square feet. The major owner/tenant will be Mr. Zimmerman 's True Value Hardware Store. The petitioners request a change in the site plan of the annexation agreement, dated April 1 , 1974. The property is zoned B-4. Mr. Ray described the project to the Board. The center will contain 25,000 sq. ft. of small shops and 15,000 sq. ft. for the hardware store. Architecture will be Williamsburg Colonial . One hundred ninety parking spaces are provided. Land area is 164, 140 square feet and building area is 40,000 square feet. The center will face west on Buffalo Grove Road. Planning for a combined entrance and exit driveway was done in conjunction with Village departments, the Village Engineer, and the Bank of Buffalo Grove which is adjacent to the south portion of the property. The main entrance will be at the approximate center of the property and a secondary driveway to the north. The development will be well landscaped with a concourse walk in front so that it will be "mall -like". The architectural design includes archways of brick supporting a canopy. He des- cribed the wood cedar poles and light fixtures for the parking lot. The sign program is not yet developed, but will be presented to the Appearance Control Commission. The main storefront design will be with cedar wood framing. Mr. Ray stated they have approval of the Plan Commission subject to working out a satisfactory solution with the Engineering Department for driveways which has been done. Mr. Ray stated they have approval of the Appearance Control Commission on architecture subject to screening roof top equipment which will be accomplished with metal screens and subject to establishing a sign backing color that would be in keeping with the sign design program. Lighting approval was received subject to the Commission 's receipt of cuts on the actual fixture and pole mounting. Landscaping approval was based on additional trees. Mr. Larson stated that the present consideration is on the preliminary plan and that the developer must return to the Plan Commission and Appearance Control Commission for final plat approval . Mr. Seaberg stated that no plat of subdivision has been submitted. Mr. Larson stated that questions regarding landscaping, signs, and lighting would be discussed more appropriately at the time of final plat consideration. President Fabish referred to Mr. McCoy 's memo, dated March 4, 1976, which commented on the plan for the public right-of-way. Mr. McCoy felt there should be street lights at the three driveways. Discussion followed. Mr. Seaberg stated that this will be worked out prior to final plat approval . Mr. McCoy stated that the bushes in the public r.o.w. will create a maintenance problem. He also noted that no parkway trees are provided. Mr. Larson stated that the Appearance Control Commission had tabled landscaping approval . Mr. Brosio stated that it was approved subject to additional trees and submission of elevations of adjacent property. He objected to having to place 14 additional trees in the parkway and 10 additional in the parking lot, and asked the Board 's consideration. He said at the present time, the landscape costs will be $21 ,000. Discussion followed regarding the possibility of requiring five trees in the parkway. Mr. McCoy stated there would have to be a variance granted because the Ordinance requires one every 43 feet. 4518 3/8/76 In response to a question from Trustee Marienthal , Mr. Brosio stated that they would maintain the median strip in the shared driveway with the Bank. Trustee Carroll stated that she favors the concept as proposed; however, she felt more trees would cut down the "flat-looking" architecture. In response to a question from Trustee Carroll , Mr. Seaberg explained the traffic pattern and his reasoning behind the location and number of driveways. In response to a question from Trustee Rech, Mr. Seaberg stated that there is no choice but to have a lift station for the sanitary sewer. In response to a question from Trustee Rech, Mr. Seaberg stated there will be a 54" storm sewer along the frontage and retention will be provided in the parking lot. Because there is a dispute between the developer and the Appearance Control Commission on the number of trees, Mr. Ray requested direction from the Board on the issue. Mr. Larson stated that the developer will have to present to the Appearance Control Commission their revised landscape plan showing the relocation of the entrance. Mr. Ray stated that the landscape architect will do this. President Fabish polled the Board, "yes" indicating favor of 5 interior trees and 5 parkway trees and "no" indicating opposition. The poll found the following: YES: 6 - Mahoney, Rech, Driscoll , . Bogart, Carroll , Marienthal NO: 0 - None Mr. McCoy requested that bushes be removed from the parkway. Trustee Marienthal stated that there was much discussion with the Plan Commission with regard to making the building "L" shaped. Mr. Ray stated that by doing so, inefficiencies were created in the layout and use of the property. In response to a question from Trustee Carroll , Mr. Seaberg explained the traffic route for service vehicles. Trustee Carroll expressed concern over potential traffic problems with the south driveway. Mr. Ray stated there is an "in and out" driveway there now and the proposal is just an enlargement of it with a median strip. Mr. Seaberg described the traffic flow. 11 :10 P.M. - President Fabish closed the public hearing. Moved by Mahoney, seconded by Carroll to approve the change in plan and direct the Village Attorney to prepare the necessary ordinances. Trustee Carroll suggested that Mr. Larson send a memo to the Appearance Control Commission indicating the number of trees the Board felt necessary and ask them to work with the developer expeditiously. Mr. Hetler stated that the experts from True Value have indicated that they must commence construction by the first of April . 4519 3/8/76 Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Trustee Carroll stated that in view of some comments made by developers, she felt there was confusion on the part of developers regarding the Village's procedures. She suggested that the staff review procedures. She also suggested that the Board set a policy regarding the number of times a developer must appear before various Commissions. Trustee Marienthal felt that the developer should attend as many meetings as it takes to iron out specific points. Trustee Rech felt that the number of meetings needed depends on the type of development that is being proposed. Mr. Larson stated that a new procedure was recently initiated. Trustee Bogart felt the Commissions are doing a good job. Crossings Phase IV Clifford Brouk, Director of Operations for The Richards Group, presented the final plat for The Crossings Phase IV. He said the Appearance Control Commission has approved the plans for architecture and landscaping. Because the Village staff requested changes in landscaping, plans have been revised to meet these requests and have been submitted to the Appearance Control Commission as an alternate plan. The developer will appear before the Commission to discuss the original plan with sidewalk modifications and the alternate plan. Mr. Brouk stated that he would abide by the recommendations. Mr. Brouk stated that the only change in final plat from the preliminary plat is a reduction of two units. Trustee Marienthal asked about "off-street" parking. Mr. Brouk stated that they have exceeded Village Ordinance requirements with regard to parking. Mr. Brouk stated they are investigating the possibility of having some two car garages. Mr. Larson stated that Chief Walsh has recommended that the north end of Franklin be designed to allow a police car to turn around where it dead ends. Mr. Seaberg stated that the street is less than 100 ' long, it would be impossible to provide a turn around, and cars could turn in a driveway. Mr. Seaberg stated that all conditions to engineering approval as outlined in his memo of February 26, 1976, are being met. In response to a question from Mr. Larson, Mr. Brouk stated that bike paths will be installed after the buildings are complete because they could be damaged during construction. Moved by Rech, seconded by Mahoney to approve the final plat of The Crossings Phase IV as presented subject to satisfactory compliance with Mr. Seaberg's ' and Mr. McCoy's memo of February 26, 1976. Trustee Mahoney requested the developer to consider naming the small Fremont Street to Bunescu to honor a former Village President. 4520 3/8/76 Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Air Compressor Mr. Larson stated that the portable air compressor purchased in 1972 has blown its engine. Mr. McCoy reviewed his report, dated March 8, 1976, regarding cost of repair and quotations received for a new compressor. Trustee Bogart asked if sealed bids are required. Mr. McCoy stated that time involved in sealed bids would be approximately one month. Mr. Larson stated that rental on a compressor is $145 per day. In response to a question from Trustee Rech, Mr. McCoy stated that cost will be split 60%-40% between Street and Bridge Fund and the Water and Sewer Fund. Moved by Bogart, seconded by Driscoll to authorize purchase of the compressor from Portable Equipment Company, in the amount of $4,961 less $800 trade in allowance, and to waive bids. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: 0 - None Motion declared carried. Community Center Committee Trustee Bogart stated that the Board had requested him to submit a report on amount of money raised by teenagers for a Community Center. He said review of the records found the amount to be $74.20. Moved by Bogart, seconded by Mahoney to draft a check, in the amount of $74.20, payable to the Countryside Boys Club. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None Motion declared carried. Executive Session Moved by Rech, seconded by Mahoney to adjourn to executive session to discuss personnel . Upon voice vote, the motion passed unanimously. Time: 11 :50 P.M. The Board returned to the council chamber at 12:30 A.M. Trustees Mahoney and Driscoll were absent. Village Manager Trustee Rech stated that she has become aware that the Village Manager has applied for and received a real estate license. She was dismayed and dis- appointed in this. She said that Mr. Larson is approached by developers before initiating negotiations with Village authorities. She felt that 4521 3/8/76 individuals representing the Village should not allow any suspicion of circumstances to interfere wtih their ability to remain objective. She could not condone this turn of events and could not represent the best interest of the Village by allowing it to occur. Trustee Bogart read his memo, dated March 5, 1976, to Mr. Larson, which stated that he was sure Mr. Larson would not knowingly use his manager's job to improve his lot as a salesman; however, he felt Mr. Larson had a potential conflict of interest. Adjournment There being no further business to conduct, it was moved by Bogart , seconded by Carroll to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 12:35 A.M. Respectfully submitted, Verna L. Clayton, Village C1 PASSED AND APPROVED this /.0 day of i , 1976. ; Laj7 g Village President