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1974-09-23 - Village Board Regular Meeting - Minutes 4022 9/23/74 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 23, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Armstrong called the meeting to order at approximately 8: 10 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 Armstrong; Trustees Shirley, Osmon , Rathjen , Mahoney, Driscoll . Trustee Rech arrived at 8:40 P.M. Also present were: Daniel Larson , Village Manager; Arnold Seaberg, Village Engineer; Charles McCoy, Director of Public Works ; William Dettmer, Chief Inspector; and William Balling, Administrative Assistant. 1. Minutes of September 3, 1974 Trustee Driscoll moved to approve the minutes of September 3, 1974, as corrected. Trustee Rathjen seconded the motion. Trustee Mahoney referred to page 4001 , paragraph 1 , line 2, after word "order" and requested the following phrase be inserted "that Village residents might be able". The Clerk called the roll and found the following: AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None ABSENT: Trustee Rech The motion carried. Minutes of September 16) 1974 Trustee Driscoll moved the minutes of September 16, 1974, be approved as submitted. Trustee Osmon seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon , Rathjen , Mahoney, Driscoll NAYES: None ABSENT: Trustee Rech The motion carried. 2. President' s Report President Armstrong announced, with a great deal of sorrow, the passing of Mr. Clarence Pontius , Supervisor of Vernon Township, and noted that Mr. Pontius devoted himself 100% to the citizens he represented with no thought to pushing his name or image. President Armstrong expressed condolences on behalf of the Village of Buffalo Grove to the Pontius family and thanked Mr. Pontius for the efforts he put forth on behalf of the Village of Buffalo Grove. II 4023 9/23/74 1 3. COMMITTEE OF THE WHOLE National Americanism Poster Contest Mrs. Shirley Kanoles introduced Mr. Tom Fitzgerald, local Amvet Commander, and Mrs. Fitzgerald, President of the Amvet Auxiliary. Mrs. Kanoles displayed the winning poster of the National Amvets Americanism contest. She introduced Jeffrey Graves of Twin Groves School , creator of the poster, and presented him with a $75.00 Savings Bond. She also presented the poster to Mr. Larry Shaffer, Assistant Principal of Twin Groves School , so that it may be dis- played in the school . Public Hearing Buffalo Grove Veterinary Clinic President Armstrong noted the notice of public hearing was published in the Buffalo Grove Herald on September 6, 1974, reference annexation and zoning of Brehms Subdivision , Lots 1-2, commonly known as the proposed Buffalo Grove Veterinary Clinic, Countryside Locksmith Shop and Sylvia's Beauty Shop located at Buffalo Grove Road and Old Checker Road. (1 . 18 acres) The petitioners , Sylvia Brooks and William and Suzanne Fabian, were represented by Dr. William Fabian , who stated his credentials. Dr. Fabian gave a slide presentation regarding modern veterinary hospitals. He presented renderings of the proposed clinic and stated he felt the facility would not be objectional to neighboring residential homes since there would be no outdoor facilities for animals. He noted that he has appeared before the Plan Commission and Appearance Control Commission and received approval . Mr. Howard Mendenhall of the Plan Commission stated the Plan Commission approved the proposed annexation agreement provided the property owners agree, at no expense to the Village, to tap onto Village water and sewer before the expiration of the agreement provided that either or both are available; the owners agree to install a sidewalk within the time framework agreement; and owners of parcel 2 agree that they will not construct any type of outdoor dog runs or any other facility designed for the purpose of confining any animals outdoors. President Armstrong asked if B-3 rather than B-1 had been considered. Mr. Mendenhall stated it was Mr. Raysa's opinion that an animal clinic could be constructed under B-1 zoning. Trustee Rathjen noted that , in the past , the Plan Commission has placed restrictions on B-1 zonings that they have recommended to the Board. Mr. Mendenhall stated because the area is designated as commercial in the Master Plan, no restrictions were requested. �•/ Mr. Dettmer, representing the Appearance Control Commission, stated the Commission voted 3-1 (Commissioner Helms dissenting) to approve the landscape and parking facilities with one provision; that being, the addition of screening in front of the parking area to screen it from Buffalo Grove Road. Mr. Helms voted against passage of the landscape plan, especially as it pertained to the parking lot. He felt it was an awkward arrangement, poorly designed and not at all well utilized, both aesthetically and from a safety factor. Dr. Fabian stated that after the sewer is connected, he will be able to pave in the rear for parking. 4024 9/23/74 In reply to a question from Trustee Driscoll , Dr. Fabian stated he schedules one client per 15 minute period, and has provided parking for five clients, two spaces for employees , plus the garage for personal car. In reply to a question from Trustee Driscoll , Mr. Dettmer stated the buildings were inspected and met with Village codes with two changes in the electrical system. Mr. Dettmer commented on letters received from the Lake County Health Department , who recommended Dr. Fabian hook into the sewer system; however, if not available, he may use a septic field and if the septic field should fail , he should resort to a holding tank which will have to be pumped periodically. In reply to a question from Trustee Rech, Mr. Seaberg stated the water usage of an animal clinic for a septic field would be less than a single family residence. Trustee Rech requested the acreage necessary for a septic field. Mr. Seaberg stated it would depend upon the land use and type of ground. He further stated that adjacent homes have a septic tank on approximately 1/2 acres with no apparent problems. In reply to a question from Trustee Rech, Mr. Raysa stated there should be no problem because of dual ownership. He suggested this be a straight B-1 zoning with restrictions. Trustee Rech stated that a 12 foot side yard is required. Plan Commissioner Chairman Genrich stated the side yard requirements were discussed and adequate hedging was available, plus portions of the building are 10.86 feet away. Trustee Rech questioned the Staff Review, Section l .b. and Mr. Raysa stated that a new final plat of subdivision is not required for annexation unless the Board requests a resubdivision. In response to a question from Trustee Rech, Dr. Fabian stated he was aware of two petitions, and that he attempted to visit the people to show them the renderings and plans. He stated he tried to contact Mr. Paul Raupp four times concerning his petition , but he was never available. He stated the first petition was recirculated and dated August 22, 1974. He stated he talked with most of the people on the petition and received no objections. Trustee Osmon commented that he was disturbed that the Plan Commission was not looking to the future regarding installation of sidewalks. Mr. Genrich, Chairman of the Plan Commission, stated they were not needed today, and if the Central Business District does not become a reality, they will not be needed. l Trustee Shirley questioned if the right-of-way had been reviewed with respect �•/ to the widening of Buffalo Grove Road. Mr. Seaberg stated the widening will not affect Buffalo Grove Road north of the present Lake-Cook Road; however, if Lake County decides to widen Buffalo Grove Road, a 50 foot right-of-way will be required. He stated the property now has a 40 foot right-of-way. Trustee Shirley noted if this happens in the next four to five years , the parking area in front of the existing shops will be eliminated. Mr. Seaberg stated if this happens , Dr. Fabian will have to abandon the septic field to provide for parking in the back. Dr. Fabian stated he is aware of the possibility of widening Buffalo Grove Road and is in favor of this since parking would be available in the rear and ingress and egress would be available from both Buffalo Grove Road and Checker Road. 4025 9/23/74 Mr. Paul Raupp, 108 Circle Drive, objected to the animal hospital being placed in his backyard and expressed concern regarding odor that would come from the septic tank. Trustee Rathjen expressed the following concerns: 1 . The uncertainty regarding the necessary size of the septic field. 2. The Village has held off and has turned away business development in this general area, and if the Board assumes that logic, they would do the same thing for this project until the Central Business District study is completed. 3. Most B-1 zoning is granted with restrictions. 4. If this area is to be part of the Central Business District , the structure violates the spirit of the type of building the Board has tried to promote in the past. 5. The question about the side yard requirements. 6. The petition from neighbors objecting to the use. President Armstrong questioned Mr. Raysa as to what restrictions could the Village impose of a general nature that would make any future development of that property conform with the Master Plan for the Town Center. Mr. Raysa stated the restrictions should be specific. In response to a question from Trustee Osmon, Mr. Dettmer stated if the septic field becomes a nuisance, the Village may allow a certain amount of time to correct it , and if not corrected, a citation would be issued. Trustee Rech questioned Dr. Fabian if it was his intent to establish a veterinary clinic on that particular site in the County if not annexed to the Village. Dr. Fabian stated it is zoned commercial presently. He listed many uses allowed under the present zoning and stated animal hospital was not one of them. He commented that he would like to see some of the old look continue with the Buffalo Grove Downtown Center and have some type of contrast between the new and old. He felt the building is sound and should be preserved. Trustee Shirley felt the Central Business District should not extend into residential area. He noted that only three of the nine clinics shown during the slide presentation were in residential areas. �./ Publicwas closed at 0 P.M. The Hearing 9 5 President Armstrong polled the Board as to whether or not to continue discussion by reading the annexation agreement and discussing limitations or restrictions of the B-1 zoning; a "yes" vote meaning discussion will continue, reading the annexation agreement, and pursuing to the point where the Board will give ultimate final approval ; a "no" vote meaning opposition to this annexation as outlined and discussion will end. The Clerk called the roll and found the following: YES: Trustees Usmon , Driscoll NO: Trustees Shirley, Rathjen , Mahoney, Rech 4026 9/23/74 President Armstrong declared the intent of the Board is to deny annexation. Trustee Mahoney moved to deny the petition for annexation. Trustee Rathjen seconded the motion. Trustee Mahoney stated Dr. Fabian has conscientiously strived to meet the objections of the neighbors , but he felt the benefit of this annexation to the Village is marginal . The Clerk called the roll on the motion and found the following: AYES: Trustees Shirley, Rathjen , Mahoney, Rech �./ NAYES: Trustees Osmon, Driscoll The motion carried. 9:55 P.M. - President Armstrong declared a recess. 10: 15 P.M. - The meeting resumed. Stielow Property President Armstrong stated that during the break a Long Grove Village Trustee presented him with a letter opposing the annexation of the Stielow property to Buffalo Grove. He stated the petition for annexation has been presented to the Circuit Court and the Village has received nothing but the certificate of publication. Trustee Shirley stated that discussion of the possible annexation has been placed on the next Plan Commission workshop agenda. President Armstrong requested Mr. Larson to contact Miller Builders and advise them, if they want to meet with the Plan Commission, a formal request must be made. Mr. Balling stated that after petitioning the court, a representative of Miller Builders contacted him requesting a discussion of their concept. He then contacted Chairman Genrich and the meeting was set. Trustee Rathjen stated the reason a request should come to the Board instead of the staff is so that the filing fee may be paid to cover the cost of hours spent with staff. He was concerned that this is the second time this procedure has been followed. It was noted that the court may determine the Village will have to consider the petition , but the final decision on annexation lies with the Village. President Armstrong stated he would acknowledge the letter and advise them of the Plan Commission meeting. Ordinance No. 74-31 Trustee Rech read Ordinance No. 74-31 , an Ordinance creating a Community Services Commission, and moved for its approval . Trustee Osmon seconded the motion. Trustee Rathjen stated he did not understand the reason for having this commission. Trustee Rech stated President Armstrong felt there was a need for coordinating various projects in the Village, and she felt people from all areas of the Village and various community organizations of the Village could work together and originate some specific programs. She stated the Committee has initiated the idea of a Bicentennial celebration. 4027 9/23/74 Trustee Rathjen questioned if this were a legitimate governmental function and suggested a service organization or staff could carry out this function. Discussion followed on similar commissions in other communities and their functions. The Clerk called the roll and found the following: AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll NAYES: Trustee Rathjen The motion carried. Community Services Commission/Appointments President Armstrong appointed to the Community Services Commission Pat Austin, Nancy Walser, John Panella, Pastor Raymond Dunn, Sylvia Bogart, Mel Kandel , and Janice Dalmer and asked for concurrence of the Board. Trustee Rech moved to concur. Trustee Driscoll seconded the motion. President Armstrong stated terms should be determined by the Commission in accordance with the Ordinance. A voice vote on the motion found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAPES: None The motion carried. Sign Posts Mr. Charles McCoy, Director of Public Works, reviewed his report regarding the status f u chase of sign postsand the increase in price. He noted the o r c P 9 P low bidder was Premier Sales Corp. of Prospect Heights, Illinois for an amount of $5.43 each; however, on September 4, 1974, Premier Sales contacted him and said that due to a price increase by the supplier, they could not supply the sign posts at the bid price of $5.43 each and the new price would be $7.25 each. Mr. McCoy stated that after checking further, there is no other place to buy the posts for less than $7.25. Trustee Osmon felt bid bonds should be required to prevent this type of situation. Trustee Mahoney moved to implement Mr. McCoy's recommendation in his memorandum of September 16, 1974. Trustee Driscoll seconded the motion. The Clerk called the roll on the motion and found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAPES: None The motion carried. �./ Trustee Osmon requested that all future bids be accompanied with a bid bond from a surety company guaranteeing delivery and price. Stop Si9n President Armstrong reviewed a request from Mrs. Robert Schwartz and the recommendation of the Chief of Police regarding the placement of a stop sign on Cambridge Drive at University Drive for southbound vehicles. Trustee Driscoll moved to direct the Village Attorney to prepare the necessary 4028 9/23/74 ordinance for this stop sign. Trustee Osmon seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll NAYES: None The motion carried. 1974 Annual NIPC Conference Mr. Larson reviewed the proposed conference program of the 1974 Annual NIPC Conference to be held on Thursday, October 3, 1974, and requested Board members who can attend to contact him after the meeting. Trustee Osmon stated he would attend. Knoeppel Associates President Armstrong asked for approval of reassignment of Village Architect's contract for the Public Works facility from Knoeppel Associates to Knoeppel Associates , Ltd. Trustee Shirley moved to approve the reassignment subject to Mr. Raysa's review. Trustee Mahoney seconded the motion, and a voice vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: Trustee Osmon The motion carried. Fire District Referendum Trustee Shirley asked if the petition requesting the Fire District referendum had been filed. Trustee Osmon stated it will be done this week. In reply to a question from Trustee Shirley concerning the filing date, Trustee Osmon stated the referendum will be held not less than 14 days and no more than 30 days after filing. Trustee Shirley stated the Board should be aware that filing at this date falls beyond the levying date and beyond the establishment of final levies and assessments of the District. He stated should the referendum proceed and be approved, the tax money on the Lake County portion of the Village will be levied and received by the Long Grove District , and unless some arrangement is made in regard to that, the citizens of the Cook County portion of Buffalo Grove and the balance of the Wheeling District will have to bear the costs until March or April 1976. He suggested the Board examine this. Trustee Osmon stated that a letter will be forwarded to the Board stating the Wheeling Fire Protection District will accept that �./ responsibility. Trustee Rathjen did not believe the District was unaware of the problem and probably is willing to assume the responsibility. Sewer Back Up Trustee Rathjen referred to a letter from a resident who experienced sewer back up and suggested the Board consider payment to him for expenses incurred. Mr. Larson stated that the insurance company advises that the Village is not liable for the damage. 4029 9/23/74 Trustee Mahoney questioned the legality of the Village making payment for damages for which the Village is not liable. He felt the insurance company should render their opinion as to the liability of the Village. In response to a question from Trustee Rathjen, Mr. Raysa stated if the Village is not liable, they may not make payment. Plan Commission Minutes Reference the shortage of Village funds , Trustee Osmon noted the Plan Commission reports are sent in the mail and questioned why they could not be placed in the Village mail slots. Mr. Larson stated this change will be made. There being no questions from the audience, Trustee Driscoll moved to adjourn to workshop. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Time 11 : 10 P.M. Respectfully submitted, Verna L. Clayton Village Clerk PASSEDOPROV - day of , 1974. 401111 41‘r IP"' 4 V ' age ' re ~'ent