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1976-11-15 - Village Board Regular Meeting - Minutes 4773 11/15/76 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, NOVEMBER 15, 1976, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. President Fabish called the meeting to order at 9:20 P.M. 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; Richard Raysa and William Raysa, Village Attorney; Carl Rapp, Director of Community Development; Charles McCoy, Director of Public Works; Richard Glueckert, Finance Director; and William Whited, Administrative Assistant. 1 . Minutes of November 8, 1976 Moved by Marienthal , seconded by Rech to approve the minutes of the regular meeting of November 8, 1976, as published. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Bogart, Marienthal NAYES: 0 - None ABSTAIN: 2 - Driscoll , Carroll Motion declared carried. 2. President 's Report Certificate of Appreciation President Fabish presented Philip Lembo a certificate of appreciation for his service on the Appearance Control Commission from November 4, 1974, to November 2, 1976. C.P.R. Program Barbara Adler, 512 Forest Way Drive, stated that the Buffalo Grove Fire Department, the E.S.D.A. , and a group of citizens would like to organize a Cardio-Pulmonary Resuscitation Program (C.P.R.) . Their goal is to train one person per household in this emergency first aid procedure. She requested the Board to endorse the program. Moved by Bogart, seconded by Carroll to endorse a C.P.R. Program for the Village. Upon voice vote, the motion passed unanimously. 3. Questions from the Audience School District #214 Bill Warner, representing School District #214, requested the Board to consider adopting a resolution supporting School District #214 in efforts to oppose formation of a Unit School District which would include Forest View and Elk Grove High Schools and elementary schools of School District #59. He said formation of the unit district would mean a 5% annual financial loss to District #214. 4774 11/15/76 President Fabish read Resolution #76-50, a resolution requesting the Cook County Superintendent to carefully review the proposed fragmentation of School District #214 and its impact on the quality of education for its students. Moved by Mahoney, seconded by Bogart to approve Resolution #76-50 with the addition of the following words in the last paragraph: "and to oppose the aforesaid unit district formation." Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart, Marienthal NAYES: 1 - Carroll Motion declared carried. Trustee Carroll 's negative vote was because she did not feel enough information was presented to make a decision. 4. COMMITTEE OF THE WHOLE Garbage Rates Moved by Mahoney, seconded by Rech to remove from table consideration of a garbage rate increase. Upon roll call , the motion passed unanimously. President Fabish said that the Board is considering either a garbage rate increase of $1 .00 per month per residence or a reduction in service to one pick-up per week with no rate increase until May 1 , 1977. He said that a few calls from citizens indicated favor of the twice a week pick-up. Moved by Mahoney, seconded by Bogart to grant an increase in garbage rate of $1 .00 per month per residential unit effective December 1 , 1976, through May 1 , 1978. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Mark Beaubien, attorney representing Buffalo Grove Disposal , said that if the Board should consider a change to one pick-up per week, the disposal company should have at least 6 months notice. Trustee Rech noted that the contract expires in May, 1978, and requested that Buffalo Grove Disposal present a schedule for both types of service at that time. Mr. Shirley of the Finance Committee suggested that the Village use the newsletter to conduct a public opinion survey to determine if citizens prefer once or twice a week pick-up. Trustee Bogart felt that when the contract expires, the Village should consider advertising for bids. Trustee Marienthal noted an increase in commercial refuse service, and asked Mr. Raupp to take this into consideration when he submits a new proposal to the Village. He, too, favored advertising for bids. Lake-Cook Road Opticom Units President Fabish said that the Cook County Highway Department has inquired if the Village still wants them to install opticom equipment on the 3 traffic signals being installed with Lake-Cook Road. 4775 11/15/76 Moved by Carroll , seconded by Rech to approve installation of opticom equipment on the 3 traffic signals on Lake-Cook Road. Mr. Larson noted that the opticom units at the intersections of Arlington Heights Road and Dundee Road and Buffalo Grove Road and Dundee Road cost $11 ,000 per intersection. Cost of the units for Lake-Cook Road is less than $3,000 per intersection. He felt the lesser cost was because they are being installed during construction. Mr. McCoy said there will be an annual maintenance cost of approximately $300 per opticom unit. At Trustee Bogart's request , President Fabish polled the Board, "Yes" indicating favor of the installation of the opticom units , and "No" indicating opposition. The poll found the following: YES: 2 - Rech, Carroll NO: 4 - Mahoney, Driscoll , Bogart, Marienthal A roll call vote on the motion found the following: AYES: 2 - Rech, Carroll NAYES: 4 - Mahoney, Driscoll , Bogart, Marienthal Motion declared defeated. William Raysa said that the letter sent to Cook County advising them that the Village no longer wants the opticom units installed should also refer to Sections 2, 3, and 5 of the agreement between the County, Village, and Park District. In response to a question from Trustee Rech, Mr. McCoy said that the contract for construction of the road was awarded this date; therefore, there can be no further negotiation. Frank/Balsamo Property/Public Hearin President Fabish read the Notice of Public Hearing that appeared in the Buffalo Grove Herald on October 30, 1976. Subject of the hearing is a petition for a change in plan from 242 multi-family townhouses to 151 single family detached homes. Property involved is 33 acres north of Route 33 and east of Arlington Heights Road. He swore in Salvatore Balsamo and Frank Angelotti as witnesses and asked them to begin their presentation. Mr. Balsamo, architect, displayed an aerial photograph with the subject 33 acres identified in yellow. He said the property is presently zoned R-9 special use for a P.U. D. (Ordinance #74-22A) permitting 241 townhouses. This ordinance zoned the subject property along with 3 parcels around the Buffalo Grove Golf Course. As part of the zoning, the golf course was sold to the Village, 42 acres of land were conveyed to the Village, and provisions were made for a cash contribution of $103,000. When the subject property was zoned, adjacent property owned by Levitt was zoned multi-family but later rezoned to single family. He displayed and reviewed the presently approved plan. 4776 11/15/76 Mr. Balsamo displayed their proposed plan showing a single family community having 151 lots, a circular road, a road in the north portion providing access to Camelot subdivision , and an entrance road from Route 83. He said at the Plan Commission 's request , they have negotiated with Levitt to relocate the north entrance to the east in order to provide a more convenient entrance to the collector road for access to the school and park. He displayed examples of the types of houses that they plan to construct. Mr. Balsamo said that the Plan Commission expressed concern with rear yard drainage similar to problems experienced in other subdivisions. After dis- cussions with the engineers and looking at the site, they found that the problems were not controlled by the builder because the final grading was handled by the homeowners. He committed that the developer will be responsible for the fine grading which would eliminate drainage problems. Mr. Balsamo said that they have submitted a comparison between the 241 town- houses and the 151 single family homes, illustrating that the estimated value of the houses would be greater than the townhouses. A tax revenue per child and cash contribution to the school district on both concepts was submitted. He said all statistics favor the single family proposal . Mr. Balsamo said the Plan Commission rejected the proposal because of the high density and poor conformity with the zoning. He said the density was dropped from 72 to 42 units per acre. He felt the proposed plan is similar to other single family plans that have been approved and constructed in the Village. Mr. Balsamo said the 33 acre plan contains 23 acres of single family and 12 acres of open space. Average size of lot is 6720 square feet with a minimum size of 6000 square feet. Mike Cahill of School District #96 said that the school district is not pleased with either plan because the school donation is a fixed one of $22,000. If Resolution #72-35 had been followed, the donation would be considerably higher. He said the single family plan would have a lesser impact on District #96 because it would generate fewer students. Trustee Bogart said Resolution #72-35 would require a school donation of $66,750. Mr. Larson said if the original plan were built, the school contribution requirement would be $48,750. President Fabish swore in Albert Frank as a witness . Mr. Frank stated that Ordinance #74-22A provided for a total school contribution of $103,000 for 1 ,090 units. The pro-rata share for 241 units would be $22,773. 30. Mr. Larson said that based on the formula used to calculate the $103,000 school contribution, the figure was $48,750 for the townhomes and $54,400 for the condominiums around the golf course. Discussion followed regarding the wording of the ordinance. Mr. Frank proposed to contribute $22,773.30 to the school district for the 151 unit plan. Trustee Bogart proposed: 1) R-6 zoning, 2) 50' right-of-ways, bringing the minimum lot size to 6200, 3) school donation of $40,000, and 4) park donation of $15,000. William Kiddle of the Buffalo Grove Park District said that the park district opposes the proposal because it is in direct contradiction to Resolution #72-35 and to the annexation agreement. He said approval of the Phoenix development 4777 11/15/76 (Ordinance #74-22A) was based upon certain amenities on the site. He noted that the proposal provides no recreational facilities . He said the Park District requests a donation of $20 ,000 to complete the Camelot park site to serve both Levitt and Frank/Balsamo developments. Mr. Frank agreed to the donation provided it is acceptable to the Village Board and provided it is their only demand. Howard Keister, Plan Commissioner, reviewed the Plan Commission report, dated October 22, 1976, which stated that a motion to approve the Frank/Balsamo plan was defeated. He said primary objections were change from a P.U.D. , substandard lot sizes, and lack of amenities. President Fabish read a letter, dated November 15, 1976, from Louis Shassian, Vice President of Levitt Homes, urging approval of the proposed plan so they may be able to finalize road patterns and/or utility improvements that might be required and affecting Camelot subdivision. Mr. Balsamo noted that no citizens opposed the proposal at either public hearing. Mr. Larson asked if access could be provided to the 11 acre green area located in the southeast corner of the property. Mr. Frank did not feel the land had much recreational value because it is a detention basin for storm drainage. In response to a question from President Fabish, Mr. Frank said the basin will have to be under public maintenance because there will be no homeowners associa- tion; however, he did agree to landscape the area. Trustee Marienthal felt that special equipment would be needed to maintain the site because of its slope. Mr. Angelotti , engineer, said the basin will have a 4 to 1 slope which would not require special equipment. He said the outfall for this basin will drain the water to the Camelot subdivision and into their retention basin. In response to a question from Trustee Marienthal , Mr. Frank stated that right- of-way dedication will be 50 ' from the centerline of Route 83. In response to a question from Trustee Marienthal , Mr. Angelotti said there will be no enclosed culvert along Route 83. In response to a question from Trustee Rech, Mr. Whited said if R-6 zoning is granted, a variance on lot size would have to be granted. Mr. Frank said that no setback variances would be needed. 0 Mr. Frank said that the Plan Commission suggested a 5 r.o.w. He said there would be no difference in width of pavement or sidewalk, but instead of having a 16' parkway, there would be an 11 ' parkway. This would permit an additional 5' in the rear yard for drainage. Trustee Rech was concerned with the lot size. She felt it is unwise to place large houses on small lots. In response to a question from Trustee Rech, Mr. Angelotti said 7.5 acre feet will be the design criteria for the retention basin. Trustee Rech expressed concern about lot sizes being smaller than Strathmore Grove, small rear yards, no recreation in the development, and the school donation. 4778 11/15/76 Trustee Rech noted that the cost revenue benefit ratio presented was $9,044 to the Village. She did not feel the margin was enough, considering the problems that could be created by the development. Mr. Frank noted that the Village is not a profit making organization. Carl Genrich, Chairman of the Plan Commission, said that the Commission felt that the wrong house built on a small lot can present tremendous problems. The purpose of the 30 ' rear set back was to prevent drainage problems. Trustee Rech stated that other developers have agreed to permit the Village Engineer to decide if a particular model of house can be placed on a specific lot. She asked Mr. Frank if he would agree to the same arrangement. Mr. Frank agreed that the grading of each lot would be subject to approval of the Village Engineer but not the house type. Mr. Rapp said the Village reserves the right to restrict the type of home on a lot to prevent drainage problems. Mr. Rapp said the staff recommends a 60' r.o.w. , a 27' pavement, and 4' sidewalks on each side. Trustee Bogart preferred the property to be zoned R-6 so that it would conform to surrounding property. Trustee Marienthal said that the Plan Commission and the developer had considered the idea of rezoning the property to R-6 if the plan is approved. He noted that the minutes of the Plan Commission reflect that Mr. Frank agreed to this. Trustee Mahoney noted that if the zoning remains R-9 with a special use for the subject plan , any subsequent developer would have to build according to the plan, or petition the Village Board for a change in plan. Trustee Rech said that if the land is rezoned R-6, any subsequent developer would have to comply to regulations of that zoning instead of all the variances granted for this plan. Mr. Frank did not object to R-6 zoning if he would not be required to have a minimum lot size of 6600 square feet. Mr. Raysa said the property could not be rezoned without a zoning public hearing. Mr. Frank suggested that a restrictive covenant be placed on the deed making the property subject to the restrictions of the ordinance. The Board felt this was a good solution. President Fabish closed the public hearing. Time: 11 :20 P.M. Moved by Mahoney, seconded by Driscoll to direct the Village Attorney to pre- pare an amendment to Ordinance #74-22A to include all agreements of record this evening, i .e. 60' r.o.w. , 27' pavement , $20,000 donation to Park District to develop Camelot park, conformance to site plan (Exhibit A) , restrictive covenants, and yield to the Village staff on drainage problems for specific housing. In response to a question from Trustee Marienthal , Mr. Frank said that he would deed the 12 acre detention area to the Village. Mr. McCoy said that a special piece of equipment will have to be purchased to cut the grass in the detention basin in Strathmore Grove, and that same piece of equipment will be used on the subject basin, also. Mr. Kiddle requested that the park donation be placed in escrow so that the Park District can finish Camelot park as soon as Levitt has graded and seeded the site. 4779 11/15/76 Trustee Bogart asked if Mr. Frank would consider increasing the school donation to $30,000. Mr. Frank said that the high cost of the land and other require- ments make it impossible to donate anything further. He said the first year' s taxes on each home would be approximately $1 ,000, 50% of which goes to the school district. Trustee Marienthal asked if the developer would make a cash donation to purchase equipment to maintain the retention area. Mr. Frank did not feel approval of the plan should be based on the purchase of a piece of equipment. It was noted that other areas in the Village require this equipment also. Upon roll call , the vote was: AYES: 4 - Mahoney, Driscoll , Bogart , Carroll NAPES: 2 - Rech, Marienthal Motion declared carried. Trustee Rech said that her negative vote was because of the small lots. Golf Course Purchase Information Committee Trustee Rech announced that the next meeting of the Golf Course Purchase Information Committee will be on Saturday, November 20, 1976, at 9:00 A.M. in the conference room. 5. Adjournment Moved by Driscoll , seconded by Carroll to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :45 P.M. Respectfully submitted, Verna L. Clayton , Village C PASSED AND APPROVED this day of , 1976. � Village President