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1975-09-08 - Village Board Regular Meeting - Minutes • 4332 9/8/75 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, SEPTEMBER 8, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at approximately 8:05 P.M. Those present stood and recited the Pledge of Allegiance to the Flag. The Clerk called the roll and found the following: `/ PRESENT: President Fabish; Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal Also present were Daniel Larson , Village Manager; Arnold Seaberg, Village Engineer; and William Dettmer, Chief Inspector. Richard Raysa, Village Attorney, arrived at approximately 9: 15 P.M. 1 . Minutes of September 2, 1975 Trustee Bogart moved to approve the minutes of September 2, 1975, with corrections. Trustee Carroll seconded the motion. Trustee Bogart requested on page 4326 his comments , regarding changing the meeting of September 15, 1975, reflect his reason which was that it appeared to work a hardship on some members of the Board. Trustee Bogart requested on page 4330, under Industrial Development Committee, the following sentence be added: "Mr. Kearns stated that it would take approxi- mately two months to put the commission into action." Trustee Carroll requested on page 4328, the following sentence be added to the second paragraph just before the roll call vote: "In answer to a question of Trustee Carroll , Mr. Larson stated that the amount budgeted for this item was $300,000." Trustee Carroll requested the last sentence on page 4329 be changed to read, "Mr. Larson stated that it would effect only applications for Juvenile Justice Programs and Planning, and that there are currently no plans for this type of application." Trustee Marienthal stated that his vote on waiving bids on the gasoline tank (page 4329) should be Naye instead of Aye. A roll call vote found the following: AYES : Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES : None The motion carried with changes noted. 2. President 's Report Hunting and Fishing Day President Fabish proclaimed Saturday, September 27, 1975, as Official Hunting and Fishing Day. 4333 9/8/75 In response to a question from Trustee Carroll , President Fabish stated that the proclamation was submitted for consideration by the Illinois Municipal Conference. He said that one of their groups asked that it be sponsored by all mayors in Illinois. Mill Creek Parkway Trees President Fabish referred to a letter from Miller Builders and stated that they hope to have all dead parkway trees in Mill Creek replaced within 60 days. He stated this involved approximately 220 trees valued at $10,000. Parkway Tree Replacement Program President Fabish stated that the Village would like to proceed with the parkway tree replacement program in areas of the Village where the trees are no longer under warranty by the developer, but the decision to commence the program will be based upon the cash flow at the end of September in order to avoid selling the Tax Anticipation Warrant. In response to a question from Trustee Carroll , Mr. Larson stated that approximately 150 trees would be involved in the program, to be replaced at Village expense, and will cost between $7,000 and $8,000. He stated that $4,500 has been budgeted for this program. President Fabish noted that the Village will contract with a nursery so that there will be a one year guarantee. Bicycle Paths President Fabish read a letter from State Senator Bill Morris inviting a representative of Buffalo Grove to attend a meeting at the Waukegan Public Library on September 9, 1975, at 7: 30 P.M. , to discuss a bicycle transportation system for the area. Due to previous commitments, no Board member was available to attend the meeting; however, Cart Genrich, Plan Commission Chairman , stated that he would attempt to have a Plan Commissioner attend. Learning Disabilities Month President Fabish proclaimed the month of September to be Learning Disabilities Month. 3. Questions from the Audience There were no questions from the audience. 4. COMMITTEE OF THE WHOLE Harper College Referendum Dr. Guerin Fischer, Ms. Shirley Munson , and Dr. William Mann were present to explain the need for passage of and to request Village support for the $12,039,500 Harper College referendum to purchase a site for a second campus, complete building of present campus, and construct Phase I buildings on the second campus. The referendum is scheduled for September 27, 1975. A brief question and answer period followed the presentation. Trustee Mahoney moved the Board go on record by means of a resolution urging people to become informed about and to support the referendum. Trustee Driscoll seconded the motion. After discussion, a roll call vote found the following: 4334 9/8/75 AYES: Trustees Mahoney, Rech , Driscoll , Bogart, Carroll NAPES : None ABSTAIN : Trustee Marienthal The motion carried. Village Center Carl Genrich, Plan Commission Chairman , stated that as long as he had been on the Plan Commission, it was the desire of the Village that the "island" between Route 83 and Buffalo Grove Road be developed in a coordinated manner. He said that the Village Center concept was designated for that area in the Master Plan. The first two phases of the Village Center Plan are complete, the first being a market research study to identify range and kinds of uses that might be marketable and the second being a presentation of three alternative plans for development. He felt the keys to achieving a good plan would be an internal road network to cut down on ingress and egress, an appearance theme and a regulation or scope of density of different uses. He stated that, by a vote of 3 yes , I no, and 1 abstention , the Plan Commission recommends to go ahead with Phase III of the agreement with Economic Research Associates and bear in mind taking into consideration the desires of the Village residents expressed in the survey and the desires of the property owners as expressed in their meetings and the public good as modifying the original conception of Plan B. He expected that the end product of Phase III would be comparative to a subdivision plan. He said the property owners are willing to cooperate. He felt it was imperative to continue with Phase III . President Fabish noted that Phase III will cost $4,900 and Phase IV will cost $6, 100. Mr. Larson stated that Phase III is formulation and presentation of the development program and Phase IV is the action plan. Because she wanted Mr. Raysa to provide proper wording of the motion and he had not yet arrived, Trustee Rech moved consideration of this matter be tabled. Trustee Mahoney seconded the motion, and upon a roll call vote, the motion passed unanimously. AppleGate Realty Bob Verbic, President of AppleGate Realty, appealed the ruling of the Appearance Control Commission made in August, 1975, that the red apple be omitted from the AppleGate Realty sign at the Plaza Verde Shopping Center. He distributed photographs of signs of other real estate companies located in the Village. He noted that six out of the seven companies have street signs; however, he knew that they could not have a street sign when they decided to locate in Plaza Verde, but he did expect to have a logo on their building sign. He said that the developer had said the logo could be on the sign if it were approved by the Appearance Control Commission. He noted that the other real estate signs show the distinctive look of that corporation and are a composite of their lawn signs. He felt they would suffer a severe penalty if they were not permitted to include their logo on their building sign. He said it is critical that buyers and sellers recognize the company from its logo. �,I 4335 9/8/75 In response to a question from Trustee Bogart, Appearance Control Commissioner Butler stated that the vote of the Commission to accept the sign with omission of the red apple was 4-0. Commissioner Helms felt that the function of the sign was to identify not to advertise and that there are other means of advertising available to them. He stated that Plaza Verde has a sign criteria which does not permit logos. Mr. Verbic stated that he was aware of the sign criteria, but that the developer said he would permit the logo if approved by the Appearance Control Commission. He stated that without their logo, they would be the only company in town forced to operate without their mark. He said that they chose an apple logo in order to attain complete recognition in the market place and have been successful in achieving it. He distributed samples of printed material used by the company which depict their logo apple. He displayed one of their lawn signs and car signs which also bear their logo. He said that continuity of the logo on all their materials is most important. He des- cribed other ways in which they use apples in their business as a source of identity. He listed the following three reasons for their appeal : 1 . unfair competiton, 2. corporate identity, and 3. Village sign regulations have been met. In response to a question from Trustee Mahoney, Commissioner Swanson stated that the Commission refused another tenant of Plaza Verde the use of his logo. Trustee Mahoney noted that the issue is not whether the tenant should be permitted to use a logo on the sign, but that it is whether in this particular development the tenant should be permitted to use the logo. He felt that it is a question of balancing the competative hardship on AppleGate Realty and the weakening of the aesthetic control concept in the development. Trustee Carroll did not feel the street signs should be compared to building signs. She was concerned that the logo apple would detract from the building. Trustee Marienthal moved to uphold the decision of the Appearance Control Commission denying the use of the apple on the AppleGate Realty sign in Plaza Verde. Trustee Carroll seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: None The motion carried. Village Center Because Mr. Raysa was now present, Trustee Rech moved to remove from table consideration to proceed with Phase III of the Village Center Plan. Trustee Carroll seconded the motion, and upon a voice vote, the motion passed unanimously. Trustee Rech moved the Village continue with Planning Research Corporation for Phase III of the plan and to incorporate into the Master Plan and the official map Plan B that maps out the configuration of street planning. Trustee Mahoney seconded the motion. 4336 9/8/75 Trustee Carroll preferred to include Plan B on the Master Plan and official map before considering the possibility of proceeding with Phase III . A roll call vote on the motion found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart NAPES: Trustees Carroll , Marienthal The motion carried. Mr. Larson suggested that the changes to the official map not be made until the conclusion of Phase III . Mr. Genrich agreed that it would be appropriate to wait for more defined and detailed information. Trustee Carroll stated that the Plan Commission vote on the recommendation to proceed with Phase III was 3 yes , 1 no, 1 abstain, and 2 absent. She was opposed to spending more money until she knew exactly what the planners would do in the next phase. Trustee Marienthal felt that the two completed phases have been in general terms, and the information could have been extracted from other sources. He felt the landowners should have started to work on the plan so that the Village would not have to spend any more money. Trustee Rech did not want to see the plan scrapped because the landowners have finally realized what the Village is trying to accomplish. She wanted to see the plan finished as soon as possible. Trustee Carroll felt that there are qualified people in the Village so that it is not necessary to spend money to get input. She felt that the Plan Commission, the Appearance Control Commission, the Village Board, and interested citizens could take Plan B and develop it without spending money for a planner. Mr. Genrich stated that Plan Commissioners put in a great deal of time, but that they do not have enough time to do original work. He felt that the Village Center is the most important item that will be accomplished within the next two years , and that the Village has to invest some money to do the job right. After discussion , it was decided to have the planners prepare some preliminary plans for discussion at a joint meeting of the Plan Commission and Village Board within the next few weeks. The Appearance Control Commission, landowners, and citizens will be invited for input. Ordinance No. 75-23 President Fabish read Ordinance #75-23, an ordinance regulating closing hours of retail establishments. Trustee Bogart moved to approve Ordinance #75-23 as read. Trustee Rech seconded the motion. Mr. Raysa stated that Section 1 should be changed to read, "That where the building line of a retail establishment is located within 200 feet of a building line of a residential district , the operation of same between the hours of Midnight and Seven A.M. is prohibited." He also said that in Section 2, $50.00 should be changed to $500.00. Trustee Bogart amended his motion to include the changes recommended by Mr. Raysa. Trustee Rech seconded. 4337 9/8/75 Mr. Seaberg stated that this ordinance would effect all businesses presently located in the Village. Mr. Raysa stated that in implementation it would be a condition to new businesses and would not be enforced with existing businesses. Mr. Seaberg suggested that instead of distance of the business from a residential area, it should be related to screening, parking area, lighting, and other items that could protect the residential area. Lengthy discussion followed. Trustee Bogart withdrew his motion and requested a staff report on the subject as soon as possible. Trustee Rech withdrew her second. Poppin Fresh Pies Restaurant President Fabish read a letter, dated August 21 , 1975, from Poppin Fresh Pies requesting annexation and zoning of a parcel of property located on the southeast corner of Ellen Drive and Dundee Road. Mr. Raysa stated that a legal description and type of zoning request is still needed. Mr. Larson stated that the Village will have that information in one week. Trustee Mahoney moved the request be referred to the Plan Commission. Trustee Bogart seconded the motion , and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAYES: None The motion carried. 5. Board Comments Agenda Packets for Reporters President Fabish stated that he received a letter from Roger Renstrom of the Area Publications Corporation which published the Trib requesting an agenda packet for their reporter because it creates a hardship on them to pay for copies of the backup information. He suggested that the agenda packet be made available to reporters on Friday and if there are copies that they need, they be provided at no cost. After discussion, it was decided to follow the present procedure which is to provide to the reporters copies of the minutes, ordinances , resolutions , and agreements that are on the agenda for a particular meeting. If additional copies are requested, 5c per copy will be charged. Adjournment There being no further business to conduct, Trustee Mahoney moved to adjourn to workshop. Trustee Marienthal seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 10:50 P.M. Respectful y submitted, Village C er �: 1 4338 9/8/75 PASSED AND APPROVED THIS yam_ day of 1975. 61-67i_Z,40/ Vil age President �.J Li