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1975-10-13 - Village Board Regular Meeting - Minutes 4358 10/13/75 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, OCTOBER 13, 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; Charles McCoy, Director of Public Works; William Dettmer, Chief Inspector; and Howard Keister, Plan Commissioner. Richard Raysa, Village Attorney, arrived at approximately 10: 15 P.M. 1 . Minutes of October 6, 1975 Trustee Carroll moved to approve the minutes of October 6, 1975, as submitted. Trustee Bogart seconded the motion. Trustee Mahoney requested on page 4348, paragraph 1 , line 4, the word "Village" be inserted before the word "Bicentennial". A roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES : None The motion carried with change noted. 2. President 's Report Bicentennial Commission Tom Fitzgerald, Chairman of the Bicentennial Commission, presented the Certificate of Official Recognition accorded to Buffalo Grove for designation as a Bicentennial Community by the American Revolution Bicentennial Admin- istration. President Fabish accepted the certificate for the Village and asked that it be hung in Village Hall . Brain Research Week Upon request of the Buffalo Grove Junior Women 's Club, President Fabish proclaimed the week of October 12 through 18, 1975, Brain Research Week in Buffalo Grove. Barbara Sheldon , President of the Junior Women 's Club, thanked the Village for cooperation shown the Club and presented the President a service key pin to support Brain Research. i -------------------- 4359 10/13/75 Zoning Board of Appeals/Appointment Upon recommendation of the Z.B.A. , President Fabish appointed Richard Heinrich Chairman of the Z.B.A. Trustee Mahoney moved to concur with the appointment. Trustee Carroll seconded the motion, and upon a voice vote, the motion passed unanimously. Appearance Control and Plan Commissions President Fabish thanked Paddock Publications for their complementary editorial dated October 10, 1975, regarding the Village Appearance Control and Plan Commissions. Fire and Police Commission/Appointment Upon recommendation of the Fire and Police Commission, President Fabish appointed Joseph Spiner to the Commission for a three year term. Trustee Marienthal moved to concur with the appointment. Trustee Carroll seconded the motion , and upon a voice vote, the motion passed unanimously. Board of Health/Appointment Upon recommendation of the Board of Health, President Fabish appointed Sheila Griffie to the Board of Health. Trustee Mahoney moved to concur with the appointment. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Electrical Commission/Appointments Upon recommendation of the Electrical Commission, President Fabish reappointed William Dettmer Chairman of the Commission and the following as Commissioners : Norman Ridell , Charles Kieffer, Greg Buss, Jr. , Lynn Siegler, James Kheun, and Kenneth C. Bates. Trustee Carroll moved to concur with the reappointments. Trustee Bogart seconded the motion , and upon a voice vote, the motion passed unanimously. 3. Questions from the Audience Jaycee Carnival lfarold' schweinebraten, 30 Timberhi l l Road, objected to the Jaycees having a carnival during the last week of October at the Chesterfield property located on the northeast corner of Arlington Heights and Lake Cook Roads. He asked that the Village not permit the carnival or require it to be located in another area. Stan Margulies of the Jaycees stated that the carnival will be located north of the garage on the property and the area south will be used for parking which will place the site of the carnival a good distance from the homes. He said that the Jaycees will have control over the carnival , and that it has been inspected by the Chief Inspector and the Chief of Police who have advised that the carnival is safe and well run. Mr. Schweinebraten was concerned about the automobile and pedestrian traffic, noise, and debri that will be generated by the carnival . 4360 10/13/75 Mr. Margulies stated that the Police Department will provide adequate protection and the Jaycees will clean the area. President Fabish stated that he has directed letters to the Jaycees and the Police Department asking them to take steps to prevent problems with the carnival . Trustee Carroll stated that the concerns voiced this evening were the same ones considered by the Board the evening the Jaycees requested a waiver of fee. �../ She said that, at that time, the Board directed Mr. Larson to see that adequate control would be exerted to prevent problems. President Fabish noted that as long as the requirements of the Carnival Ordinance are fulfilled, the Village may not deny a permit. 4. COMMITTEE OF THE WHOLE Animal Ordinance Trustee Mahoney moved to table consideration of the proposed Animal Ordinance for one week. Trustee Rech seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll NAYES: Trustees Bogart , Carroll , Marienthal President Fabish referred the matter to table. Brodnan Annexation Trustee Bogart moved to remove from table the request for finalization of the annexation and zoning of the Brodnan property, a four acre parcel along Route 83 south of Checker Drive. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. William Moore, attorney representing Mr. and Mrs. Brodnan, restated the request for annexation and zoning of R-3 with a special use for a retail floral shop, as presented at last week's meeting. He stated that in late 1973, formal public hearings and informal hearings were held with the Plan Commission, Appearance Control Commission, and Village Board. He said the annexation agreement, plot plan , and plat of survey under consideration this evening embody the direct requests and suggestions that emanated out of the series of meetings. He said the interest of the Village in preserving the single family residential character and zoning has been safeguarded. He said the original request for commercial zoning was rejected, and the means of the special use evolved out of the series of hearings. He explained that the special use permits the barn to be used as a retail flora'. shop only. He stated that if the owner desires to develop the property in any manner other than proposed this evening, they must petition the Village. President Fabish stated that the only change made since the Village Board acted on the matter is the names of the owners. Mr. Moore stated this is correct. 4361 10/13/75 President Fabish stated that he understands that all agreements in the annexation agreement would be assumed by a new owner if the Brodnans should decide to sell . Mr. Moore stated this is correct. In order to inform the audience, Mr. Moore summarized the annexation agreement, and reviewed the site plan of the property. In response to a question from Stan Stabner, 820 Woodhollow, Mr. Moore stated that a sign would be located in the special use area only. �•J In response to a question from Mr. Stabner, Mr. Moore stated that lighting in the parking area would be of a low intensity variety, and that there will be 19 parking spaces. Mr. Stabner asked if the required 6' living fence would be sufficient for screening the residential area. Mr. Moore stated that this is what the Village required, but that he would be willing to satisfy the neighbors if the Village would agree. • In response to a question from William Slattery, 850 Woodhollow, Mr. Moore stated the requested zoning is R-3 with a special use for a retail floral shop on a portion of the property. Trustee Bogart took exception to the fact that once the Brodnans had connected to the Village water system, they could continue to use the well for watering purposes. Mr. Moore stated that it would not place a burden on the Village. Mr. Seaberg stated that he would not recommend the well be abandoned because their sprinkling would be highest in warm weather when the Village system could least afford it. One of the residents stated that he would like to put in a well for watering purposes. Mr. Seaberg stated that installation of a well is costly. Plan Commissioner Howard Keister stated it was the unanimous feeling of the Plan Commission that the request was the appropriate use for this parcel. He said that by a 3-2 vote, the Commission recommended annexation of the property subject to the following conditions: 1 . Should be zoned R-1 with a special use providing for a single family density range of one dwelling unit for each 41 acres with a conditional business use for operation of a retail florist only. 2. Southeastern driveway should be deleted. 3. Corridor adjacent to single family residents should be screened. 4. No changes or modifications in the existing site layout should be permitted without first coming before the Plan Commission and Village Board. He noted that Commissioners Mendenhall and Harris voted against the motion because they felt the R-1 classification was unreasonable and beyond the scope of the Zoning Ordinance. 4362 10/13/75 Trustee Marienthal moved the zoning of the property be restricted to R-l . Trustee Carroll seconded the motion. Mr. Moore felt that it was unreasonable to impose a residential zoning five times more restrictive than any of the single family residential zoning around it. He said the property could not be subdivided without coming before the Board for approval . Trustee Mahoney felt the requested use is desirable because it maintains open space. He said if the petitioner were requesting single family housing similar to the ones adjacent to it, he would have no objection. He felt it would be unreasonable for the Board to make this property more restrictive than the property abutting it. A roll call vote on the motion to change the zoning from R-3 to R-1 found the following: AYES: Trustees Carroll , Marienthal NAYES: Trustees Mahoney, Rech, Driscoll , Bogart, £-ereroll- The motion was defeated. Trustee Rech moved to enact the annexation agreement of the Brodnan property to R-3 with special use for a floral shop pursuant to all the recommendations and agreement of record of the previous hearings and according to the site plan. Trustee Mahoney seconded the motion. At Trustee Bogart 's request , President Fabish polled the Board, a "yes" favoring permission to use existing well for watering purposes, a "no" opposing. The poll found the following: YES: Trustees Mahoney, Rech, Driscoll , President Fabish NO: Trustee Bogart, Carroll , Marienthal Trustee Carroll asked if the use of the well would be extended to any future development on that property. Trustee Mahoney suggested that the agreement be explicit in not extending the use of the well for future development. After discussion, Trustee Rech amended the motion to include a provision stating that the right to use the well for non-potable uses is commensurate only with the existance of the special use. Trustee Mahoney seconded. Trustee Carroll requested in Section 4 of the agreement, second line, after the word "hereof", the following words be added: "or until such time as the Village water system is brought within 200 linear feet whichever comes first". Mr. Seaberg suggested additional wording "or until additional housing or buildings are approved and/or until they are required to abandon said Septic field or well by the Lake County Health Department". Trustee Rech amended the motion to include the wording suggested by Trustee Carroll and Mr. Seaberg. Trustee Mahoney seconded. Trustee Rech asked Mr. Moore and Mr. Brodnan if they would agree to meet with the Appearance Control Commission and the residents in the area to provide proper screening as soon as possible. Mr. Moore agreed as long as the screening is limited to the area already agreed to,which is along the parking lot. Mr. 4363 10/13/75 Brodnan also agreed. Mr. Larson will schedule the meeting. A roll call vote on the motion as amended was as follows: AYES: Trustees Mahoney, Rech , Driscoll , Bogart , Carroll NAPES: Trustee Marienthal The motion carried. The corrected annexation agreement will be placed on a Board agenda in November. Trustee Bogart moved the meeting adjourn to workshop session to be reconvened after workshop. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 10: 15 P.M. At 11 :25 P.M. , Trustee Carroll moved the regular meeting be reconvened. Trustee Bogart seconded the motion, and upon a voice vote, the motion passed unanimously. Animal Ordinance Trustee Bogart moved to remove from table consideration of the proposed Animal Ordinance. Trurtee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. The Village Clerk requested that two portions of the ordinance be determined this evening in order to provide enough time to prepare the annual November 1 mailing to all residents of the Village regarding vehicle and dog licenses. She requested the amount and the expiration date of licenses be determined. Trustee Bogart moved to apply a $3.00 cost for cat and dog licenses beginning January 1 , 1976, and $1 .50 for licenses purchased after July 1 , 1976. Trustee Bogart stated that the Clerk has advised him that $3.00 covers the cost of paperwork involved with animal licenses . He felt that the $5.00 contained in the proposed ordinance was excessive. Trustee Mahoney felt that he would like to know animal license fees of surrounding Villages. Trustee Rech favored the idea of $3.00 for neutered animals and $5.00 for those not neutered. Trustee Bogart did not feel neutering of animals should be the concern of the Village. Trustee Rech felt it was difficult to discuss only portions of the Ordinance. Trustee Carroll moved to table consideration of the proposed Animal Ordinance. Trustee Mahoney seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: None The motion carried. 4364 10/13/75 Ordinance #75-26 President Fabish read Ordinance #75-26, an ordinance regulating hours of businesses located within 80 feet of residential areas. Trustee Bogart moved to approve Ordinance #75-26 as read. Trustee Mahoney seconded the motion. In response to a question, Mr. Raysa stated that the Ordinance would not apply to any commercial building in existence at this time. In response to a question from President Fabish, Mr. Raysa stated that any new liquor licenses should be limited to businesses located more than 80 feet from a residential area. A roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: None The motion carried. Public Service Center Trustee Carroll moved to remove from table consideration of gasoline islands, tanks , and pave;7ent for the Public Service Center. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. Mc. McCoy reviewed his memo and Mr. Dettmer's memo, both dated October 9, 1975, regarding fiberglas and steel gasoline tanks. After discussion, Trustee Bogart moved to approve the Kenney Tank Company Inc. proposal for a steel gasoline tank in the amount of $11 ,951 . Trustee Mahoney seconded the motion. In response to a question from Trustee Rech, Mr. McCoy stated that the Keygard system will provide better control of gasoline and minimize bookkeeping. At Trustee Marienthal 's request , Trustee Bogart amended the motion to include supervision and approval of the Village Fire Marshall . Trustee Mahoney seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES : None The motion carried. Mr. Seaberg stated bids were opened on September 25, 1975, for the paving improvements for the Public Service Building. Bids received were as follows : J. A. Johnson Paving Company Total with Alt. 10 & 13A - $58,431 .39 1025 East Addison Court Adjustment for work delayed Arlington Heights , Illinois until 1976 8% 4365 10/13/75 Skokie Valley Asphalt Co. , Inc. Total with Alt. 10 $57,297. 15 1228 Harding Avenue Total with Alt. 11 $69,605.22 Des Plaines , Illinois Total with Alt. 12 $69,178.48 Adjustment for work delayed until 1976 7% Mr. Seaberg reviewed his report , dated October 6, 1975, regarding an attempt to reduce the cost of the improvements to meet the funds available. He recommended the contract be awarded to Skokie Valley Asphalt Company based on unit prices stated in their proposal and based on the revisions outlined in his memo. Trustee Mahoney moved to award the contract to Skokie Valley Asphalt Company subject to the proposed revisions as outlined in Mr. Seaberg's memo of October 6, 1975. Trustee Driscoll seconded the motion. After discussion, a roll call vote found the following: AYES: Trustees Mahoney, Driscoll , Bogart, Carroll , President Fabish NAYES : None ABSTAIN : Trustees Rech, Marienthal The motion carried. 5. Board Comments Public Service Center Trustee Carroll asked Mr. Larson to submit a report outlining expenses incurred up to October 1 , 1975, for the Public Service Center. Vehicle Stickers Trustee Carroll requested consideration of a special vehicle sticker rate for senior citizens be placed on the next agenda. Executive Session At Mr. Raysa' s request, Trustee Carroll moved to adjourn to executive session to discuss possible litigation. Trustee Mahoney seconded the motion, and upon a voice vote the motion passed unanimously. Time: 12:55 A.M. Adjournment At 1 :35 A.M. , the Board returned from executive session. There being no further business to discuss, Trustee Carroll moved the meeting adjourn. Trustee Mahoney seconded the motion , and upon a voice vote, the motion passed unanimously. Respe lly submitted, Verna L. Clayton, Vi l lag Clerk PASSED AND APPROVED this �?d day of , 1975. -6,01-4efe Village residen