1974-02-11 - Village Board Regular Meeting - Minutes 3011
2/11/74
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD
L. OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, HELD MONDAY, FEBRUARY 11, 1974 , AT THE
MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS.
President Armstrong called the meeting to order at 9 : 20 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, Mahoney,
Rech and Driscoll.
ABSENT: Trustee Rathjen
Also present: Daniel Larson, Village Manager; Arnold
Seaberg, Village Engineer; Richard Raysa, Village Attorney;
and William Balling, Administrative Assistant.
1. Minutes of February 4 , 1974
Trustee Mahoney moved the minutes of February 4, 1974, be
approved as submitted. Trustee Shirley seconded the motion.
Trustee Mahoney referred to page 3001, paragraph 4, change
the heading from "Legislative Committee" to "Public Works
Facility Architect and Selection Committee" . Trustee
Mahoney referred to page 3009 , paragraph 3, line 7, after
the word "consider" insert the word "whether" .
The Clerk called the roll and found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech and Driscoll
NAYES : None
ABSENT: Trustee Rathjen
The motion carried with changes noted.
2 . Questions from the Audience
Donna Force, 1091 Twisted Oak Lane submitted a statement to
the Village Clerk regarding Homeowners ' objections of students
trespassing on private property enroute to Twin Groves School.
She noted that since the opening of Twin Groves School in
mid January, 1974 , the issue of access to the school by
students living south of Twisted Oak and Aspen Court and
Aspen Drive has developed into a serious problem for
residents living on these streets.
She stated an open meeting was held on February 10 , 1974 , to
discuss the situation of trespassing and possible solution.
L.
The following items summarize the Homeowners ' discussion
of the problem:
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1. Children have no direct legal access to Twin Groves
School from the south of Twisted Oak.
2 . The residents at this meeting believed there has been
Lno final resolution to the legal routeway to Twin
Groves School. She noted that specific homeowners
have been approached by Levitt and the Village Board
to have an easement on their property for a walkway.
She stated the homeowners believed the Village Board and
Levitt had an opportunity to resolve this issue prior to
building homes at the end of Twisted Oak and Aspen Drive
where a walkway could have been planned. She stated another
alternative would be a walkway along the Aspen Ditch which
was decided against because of cost. She noted another
possible solution would be to set up a program with the
school, students , parents and homeowners, to devise a
route to the school, not using private property, and, if
necessary, the police could patrol the area. Fencing of
individual property was raised, but it was felt this was a
private decision and not an overall solution. Busing
students was mentioned, but noted that students involved
lived too close to the school to bus. She stated the
homeowners would like to cooperate with the School Board
and Village Board in resolving the trespassing violations.
President Armstrong stated that the Board has been involved
in negotations and discussions and, at one time, it was
L. thought a solution had been reached by constructing a
sidewalk between the two properties at the far western
extremity of Twisted Oak cul-de-sac and north along
Arlington Heights Road to Crofton, but the homeowner is
reluctant to change the sidewalk easement from the north
side of his property to the south. The homeowner' s
attorney' s opinion is that there was no easement on his
property for a sidewalk, but Levitt' s attorney stated
there are easements on the north side. President Armstrong
stated since the easements are there, a sidewalk can be
installed, with shrubbery, from the cul-de-sac on Twisted
Oak north to Aspen Court. He noted, however, the homeowners
in that area had objected to this plan, but since the one
property owner would not give an easement on the south side,
the only alternative left is to either not have any sidewalk
or to have a sidewalk on Twisted Oak north to Aspen Court.
Mrs. Force questioned if the children do not use the sidewalk,
will there be enforcement. President Armstrong stated school
officials could be invited to meet with the Police Chief and
Juvenile Officer to determine suggestions for appropriate
letters to parents. It was decided that Mrs. Force meet with
Mr. Larson and the Police Chief to discuss this problem.
Another homeowner, in the audience, stated this was not the
L. only problem area as far as student trespassing.
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Mr. Blitz, the homeowner with the easement, was in the
audience and stated when he purchased his home, there
L. was no mention of a sidewalk, and his attorney found
nothing in the title report regarding an easement, other
than utilities .
President Armstrong stated that this item would be on the
agenda March 4 with Levitt 's attorney present to determine
the exact legality of the easement.
3 . COMMITTEE OF THE WHOLE
Winston Square/Public Hearing
President Armstrong opened the Public Hearing for Winston
Square to review revised preliminary plan for property
located on Weiland Road and the new Lake-Cook Road. President
Armstrong noted the public hearing was advertised in the
Buffalo Grove Herald on January 22 , 1974.
Mr. Kaplan, Regional House Counsel for Centex Homes,
addressed himself to the Board and stated they were seeking
Village Board approval for an amended planned unit development
for a portion of the Hawthorn property to be known as Winston
Sqaure. He noted this parcel originally consisted of 124
acres and referred to a plat of survey for the Board to view,
L. showing three parcels, A, C, and D.
Mr. Kaplan stated that Parcel A consists of 57 acres which
has been purchased by Centex Homes Corporation. Parcel D
is the remaining 57 acres which is still retained by the
Tekton/Richards Group. Parcel C is a 10 acre school site
which, according to the Annexation Agreement, is to be
dedicated to the School District.
Mr. Kaplan stated that the Board was familiar with the
provisions of the original Annexation Agreement and stated i
he wanted to clarify the proposal now going before the
Board. He noted that pursuant to the Annexation Agreement, i
the subject 124 acres was zoned R-9 and was approved for
a Planned Unit Development consisting of a total of 1, 234
dwelling units, including 424 townhouses , 522 multi-plex
condominiums and 288 condominium apartment units. In
addition, there was commercial zoning.
Mr. Kaplan referred to paragraph 7 of the Annexation Agree-
ment and noted it provides that amendments to the plan may
be brought and approved by the Village Board so long as
the changes are in accord with the basic intent of the
Planned Unit Development, and referring to the language of
this particular Annexation Agreement, that basic intent was
L,., defined in terms of number of units .
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Mr. Kaplan referred to the plan presented to the Plan
Commission and referred the Board to the Plan Data sheet,
dated January 16, 1974, noting the concept of the develop-
ment was basically a townhouse, single family Zero Lot-Line
Planned Unit Development.
Mr. Kaplan stated they propose a total of 420 dwelling units,
consisting of 266 townhouse units, and 154 Zero Lot-Line
houses with the average density of 7 . 33 units per acre.
The recreational area is . 87 acres, a lake 1. 6 acres, parking
with a ratio of 32 cars per dwelling and an additional
one-half car per dwelling for guest parking. The building
coverage was 31 percent. The townhouse bedroom mix would be
2 bedroom - 20 percent; 3 bedroom - 60 percent; 4 bedroom -
20 percent. Single family would be 3 and 4 bedroom with
3 bedroom - 60 percent; 4 bedroom - 40 percent.
Mr. Kaplan noted this plan has considerable less density,
is a quality development, and meets the terms of all Village
ordinances .
Mr. Kaplan displayed renderings of proposed buildings. He
noted the single family homes would sell from $38, 000 to
$48, 000 . Mr. Kaplan referred to the rendering of the 6 unit
townhouse building, and noted there are five different
floor plans. The townhouses will be in the price range of
$30 , 000 to $40, 000 .
Mr. Kaplan stated they made a presentation to the Park Board
and subsequent to that presentation, a letter was written to
the Village President and Board indicating that Centex
Homes Corporation meets the provisions of the Village
Resolution #72-35 with respect to the necessary amount of
park land and open recreational space. He noted there was
a stipulation in the letter which stated that the Village
Board is to confirm that Centex received credit for 50 percent
of the school site as shown. He stated there is another
proviso that the tot lots shall be a minimum of 8 , 000 to 9 ,000
square feet, which was always part of the plan. A letter
dated January 24, 1974 , to the President and Board of Trustees,
sets forth an agreement signed by Hawthorn properties,
Tekton Corporation and the Richards Group, Centex Homes
Corporation stating that pursuant to the agreement between
Centex and Hawthorn properties, the 10 acre school site,
which will be donated, is to be credited to Centex and
Hawthorn properties on a 50-50 equal basis in consideration
of the proportionate acreage of the purchased and retained
parcels. Mr. Kaplan also referred to a letter from Mr.
Michael Divencenzo, Superintendent of Aptakisic-Tripp
Community Consolidated School District #102 , stating that
the Board of Education reviewed the 10 acre school site
and found it meets with their approval.
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In reply to a question from Trustee Shirley, Mr. Joe Koenen
stated that the well site was part of the 10 acre school
site. Discussion followed. Mr. Kaplan advised that Mr.
David Berger met with Mr. Divincenzo and was specifically
advised of the well being on this site and there was no
objection because the reservoir would be underground and
a ball diamond could be built over it, and the well house
was 30 X 40 feet with a small drive.
Mr. Larson questioned if the reservoir is underground, could
it support a heavy vehicle, and he was advised that it would
be designed for whatever load or use the Village, Park
District or School District would indicate they needed.
Mr. Larson stated if it is designed for heavy vehicles, the
cost will be higher and the Village is required to remit back
to Centex for the reservoir. Mr. Koenen stated they will do
what the Village wants. He stated a tennis court or volley
ball court would be less costly because the reservoir would
not have to be designed for heavy loads.
In reply to a question from Trustee Rech, Mr. Kaplan stated
that Centex would have the responsibility of installing the
well, and Tekton will pay them back on a proportionate share
of the total cost relative to their development and Tekton' s
development.
Howard Mendenhall presented the Plan Commission' s report
�... dated February 6, 1974, noting the vote to accept the
Winston Square development was 3 to 2 in favor of the
development. The objections to the development were
relevant to the recreational aspects of the property, which
has been resolved. Mr. Mendenhall stated he felt this was a
very good plan in the fact that the school, pool, and park
access was very good since children would not have to cross
any streets . He stated the Plan Commission was in agreement
with the well site since the top of the reservoir could be
utilizied.
In reply to a question from Trustee Shirley regarding the
possibility the eastern portion of Hawthorn could be a high
density development, Mr. Mendenhall stated the Annexation
Agreement provides for 1200 units , and unless there is a
change to the Annexation Agreement, 800 units could be
built on the eastern portion of this parcel. He stated the
developer does have to abide by Resolution #72-35 as far as
recreation is concerned.
President Armstrong asked Mr. Wright of Tekton if they have
any plans for this property. Mr. Wright stated they did not.
Trustee Shirley asked if there are currently purchase
negotations between Richards Group and Centex with regard
L-- to the final ownership of the property. Mr. Wright stated
there were not.
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Trustee Osmon questioned whether anything has been worked
out regarding the looping of the water system to our exist-
ing system. President Armstrong stated nothing had been
worked out. Mr. Koenen stated he and Mr. Seaberg will meet
this week to discuss a feasible route from the system in
Buffalo Grave to loop the water systems together pending
action by the Board this evening.
Reference detention/retention, Trustee Osmon noted the area
designated for the school site was in a highly questionable
area relative to flooding. Mr. Koenen stated Centex Homes
contracted to make a large number of soil borings on the
entire tract. Secondly, he stated there is a ridge which runs
through the property approximately through the lake to the east
end of the property and part of the school site is out of the
ridge.
Mr. Koenen stated there is an agreement between Tekton and
Centex Homes that Tekton will develop a detention pond near
the northeast corner of their property and a second detention
pond near the southeast corner of their property, which will
be designed to take care of the property and also whatever
detention volume is needed to handle the runoff of the Centex
property. Discussion followed reference detention/retention.
Mr. Kaplan stated that per an agreement, Tekton is required to
provide retention ponds. Mr. Raysa stated the Village would
have control at the time of approval of engineering plans
with respect to the whole project.
Reference the dedication of land on Weiland Road in connection
with the proposed construction of Lake-Cook Road, Mr. Larson
stated he received a letter from Mr. Leo Koski, Right of Way
Representative, Lake County Highway Department, requesting the
dedication of that property along the eastern part of Weiland
Boulevard. Discussion took place regarding the right of way
dedication along the B-2 property. Mr. Kaplan and Mr. Wright
stated that the dedication would be made.
Trustee Osmon asked if Centex would be responsible for the
placement of the easement on the plat. Mr. Kaplan stated
that they would assume the responsibility.
Mr. Seaberg noted that at the original hearings, petitioner
did agree to dedicate 50 feet along Weiland Road.
In response to a question from Trustee Shirley regarding the
Traffic Survey Report, Mr. Larson stated that he was in
agreement with part of the revised traffic analysis by
Michael L. Ives & Associates. In regard to Lake-Cook Road,
Mr. Larson stated he had been in contact with the Cook
County Highway Department and there was no mention made
regarding an injunction against Cook County to prevent the
construction of Lake-Cook Road. He stated he contacted
Jack Stern, Project Engineer, who indicated that Lake-Cook
Road would be constructed under two separate agreements,
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2/11/74
one agreement would be for that portion of Lake-Cook Road
west of Milwaukee Avenue and the other agreement would be for
that portion of Lake-Cook Road east of Milwaukee Avenue.
In addition, the Lake County Highway Department is not
beginning to acquire the necessary right of way for this
road east of Milwaukee Avenue. He also stated that the
Michael L. Ives report only summarily dealt with the remain-
ing 800 units in the Annexation Agreement in their traffic
analysis. Mr. Larson stated that at the final plan review,
they should be more specific . Mr. Kaplan stated with reference
to this point, any traffic analysis for the balance of the
development would only be speculative and wouldn ' t be that
helpful.
The third point in this traffic analysis which was clarified
was the position of the collector road of this project in
relationship to the Lake-Cook Road overpass at the Soo
Railroad. He wanted assurances that this collector street
would not end in the path of the overpass .
Trustee Mahoney questioned the agreement between Tekton and
Centex reference the number of units Tekton will be able to
build on the other 57 acres. Mr. Kaplan replied the agree-
ment provided that they have the right to build up to 10
units per acre and the Tekton/Richards Group would have the
right to build on the balance of their property the�t difference ,
between
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In reply to a question from Trustee Rech, Mr. Koenen stated
the lake is on high ground.
Mr. Glauner, in the audience, stated with all the projects
going in around Weiland Road, he hoped the Village Board would
take the whole area into consideration.
Trustee Osmon noted there was a 25" in diameter black walnut
tree on this property that was a landmark, and wished to have
this tree saved. Mr. Koenen stated they had decided the
tree would remain in the development. President Armstrong
called for an end to the Public Hearing.
President Armstrong declared a recess at 11:00 P.M.
The meeting resumed at 11: 25 P.M.
President Armstrong stated the Board will not make a decision
on Winston Square this evening.
Buffalo Grove Disposal Billing
Mr. James Raupp addressed the Board and stated he is request-
ing the Village to assume the billing for garbage disposal.
He stated the Village now bills 50 percent of his customers .
L.
Mr. Larson noted the Village would have to absorb any bad
debts on any resident moving out of town and asked what
assistance Mr. Raupp would give the Village in trying to
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collect these monies . Mr. Larson asked for clarification
as to how much the Village would receive for assuming the
billing processing. Mr. Raupp stated the Federal Government
just passed a Bill whereby the municipality may place a lien
on property for unpaid bills. Mr. Raupp stated he would be
willing to absorb any delinquent garbage disposal bills .
Mr. Raupp stated he would reimburse the Village for the
costs for this billing.
l In response to a question from Trustee Shirley, Mr. Raupp
v stated that in order for Buffalo Grove Disposal to collect
refuse from multi-family dwellings, the Refuse Ordinance would
have to be amended.
Trustee Shirley moved to direct the Village Manager to
establish a fee schedule for submission to the Board for
consideration in the matter of billing total single family
resident dwellings for disposal service, and that a second
schedule or program be generated with regard to the multi-
family projects. Trustee Rech seconded the motion, and a
voice vote found the following:
AYES: Trustees, Shirley, Osmon, Mahoney, Rech and Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Trustee Mahoney suggested that as a last resort, the names
of delinquent homeowners be sent to Raupp Disposal to cease
service, and the Police Department should be advised because
it is against the Refuse Ordinance to transport refuse over
Village streets except in an approved vehicle.
Janisch Enterprises , Inc.
After review, Trustee Osmon moved to enter into the agreement
with Janisch Enterprises, Inc. , for water billing services .
Trustee Driscoll seconded the motion. Trustee Mahoney stated
he would like the motion qualified for Mr. Raysa to talk with
Mr. Janisch' s attorney and clarify any ambiguous provisions.
Trustee Osmon moved to approve the agreement subject to
Mr. Raysa's review and approval. Trustee Driscoll seconded
the motion, and a voice vote found the following:
AYES : Trustees Shirley, Osmon, Mahoney, Rech and Driscoll
NAYES : None
ABSENT: Trustee Rathjen
The motion carried.
Harper Junior College Boundaries
L. President Armstrong referred to a report from Mr. Larson
dated February 6, 1974 , and a note from Mrs . Clayton regard-
ing the decision of the Illinois Community College Board to
place the Lake County portion of Buffalo Grove within the
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College of Lake County District boundaries. President
Armstrong stated the Village is in the process of urging
Harper College to consider Buffalo Grove for their second
site. He felt that all citizens of the Village should be
able to attend Harper. He suggested the Board prepare
petitions requesting the Community College Board for a public
hearing regarding the revision or change in district boundaries.
Trustee Shirley felt that fifty signatures on a petition
l J would not be representative of the Village.
Trustee Rech felt that all of School District #125 should
be in the same College District. She also felt the College
of Lake County would be closer for the citizens involved.
Trustee Osmon moved to proceed to comply with all the require-
ments necessary to deannex and annex. Mr. Larson stated
this had to be distributed to the Illinois Community College
Board before March 1, 1974 . Trustee Driscoll seconded the
motion, and a voice vote found the following:
AYES : Trustees Osmon, Mahoney, Rech and Driscoll
NAYES: Trustee Shirley
ABSENT: Trustee Rathjen
The motion carried.
Utilities
Because of a recent death caused by a utility ceasing gas
service to a home, Trustee Osmon requested the Village Manager
send a letter to the utility companies expressing the desire
to have them contact the Village before any services are
turned off in order to investigate if someone is ill or under
dire circumstances. Mr. Larson stated he would write a
letter.
Trustee Rech moved to adjourn to executive session to discuss
land acquisition. Trustee Driscoll seconded the motion, and
upon a voice vote, the motion passed unanimously.
Respectfully submitted,
j
Village Clerk ✓'
Passe Th and lapprov� th4 /t day of z L -1--7 1974 .
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Village P .esident