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1973-02-13 - Village Board Regular Meeting - Minutes 2663 2/13/73 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD TUESDAY, FEBRUARY 13, 1973 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. The President called the meeting to order at approximately 8 :14 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 Fabish, Shirley, Osmon, Rathjen Mahoney, Driscoll Also present were Mr. Daniel Larson, Village Manager, Mr. Arnold Seaberg, Village Engineer, and Mr. Richard Raysa, Village Attorney. 1. Minutes of January 30, 1973 Trustee Osmon moved the minutes of January 30, 1973 , be approved as submitted. Trustee Driscoll seconded the motion. Trustee Osmon requested that the Plan Commission be advised the Master Plan is flexible. President Armstrong suggested a workshop session with the Plan Commission to review the implementation of the Master Plan. Trustee Fabish noted that the Plan is flexible �... for improvements only. Trustee Osmon stated that on page 2654 , the second poll of the Board should show the Trustees unanimously in favor of the lowest density PUD for the area along Milwaukee Avenue. A voice vote found the following : AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 2. Minutes of February 5, 1973 Trustee Mahoney moved the minutes of February 5, 1973 , be approved as submitted. Trustee Rathjen seconded the motion and requested on page 2659, line 2 , "Trustee Osmon" be changed to "Trustee Rathjen" . Trustee Osmon stated that on page 2658 , under Resolution #0.-73-1 , line 9, "effect on sanitary sewer and water table of the well" should be added. Trustee Mahoney requested on page 2660, last paragraph, "the owner of the property would be left with only a small area to L.. develop, and that" be deleted. Trustee Osmon requested the Clerk review the tape with regard to this discussion. 2664 2/13/73 With regard to page 2656, Trustee Shirley asked when the discussion of reshaping banks of White Pine Ditch will be on the agenda. Mr. Larson stated that additional information is needed. Trustee Osmon requested information on the outfalls of the Ditch. Trustee Osmon moved the minutes of February 5, 1973 , be tabled until the tape of the meeting is reviewed. Trustee Fabish seconded the motion, and a roll call vote found the following: AYES : Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll NAYES: None The motion carried. 3 . Trustee Comments Trustee Osmon stated that the Plan Commission minutes should not list people in attendance other than the Commissioners or those on official business. Trustee Fabish moved that any Board member, upon completion of his term of office, will have the option to receive the agenda at his home for one year. Trustee Osmon seconded the motion, and upon a voice vote, the motion passed unanimously. 4 . Committee of the Whole Public Hearing/Levitt and Sons President Armstrong noted that the Notice of Public Hearing was published in the Buffalo Grove Herald on November 15, 1972 , and because of the resolution placing a morAtorium on annexations until the completion of the Master Plan, this Public Hearing had been continued until this date. Mr. Ken Campbell of Levitt Residential Communities presented their plans for the first Levitt planned community in Buffalo Grove. He stated that the Plan Commission approved a set of plans presented in November, but the plans have changed because of the Master Plan. He stated that the new plan reflects a reduction in density and felt that it will be compatible with the Master Plan. Mr. Campbell stated that there are two parcels, the first being the Koelper-DeMuth farm located on Arlington Heights Road and north of Route 83 , and the second being the Wagner farm located on Aptakisic Road east of Arlington Heights Road. Mr. Campbell stated that in the Koelper-DeMuth parcel townhouse- condominiums have been changed to cluster single family with the density changed from 12 dwelling units per acre to 5.5. He stated �.. that they blended the use with the existing or probable uses of adjacent land. The property to the south is designated 0 & R on km! • • isnot • \441.1.1 time 2665 2/13/73 the Master Plan which allows for the higher density of apartments, the single family homes west of Arlington Heights Road are buffered by the major private open space, the single lotted family area conforms with single family on the west and north, and the east portion will be developed as cluster single family. In response to a question from Trustee Osmon, Mr. Campbell stated that fire codes will be respected. Mr. Campbell stated that the Wagner parcel has been changed from 7 . 8 dwelling units per acre to 4 . 6. The combination of the two parcels has 666 dwelling units or 6 units per acre. The major problems on the Wagner parcel are soils and drainage character- istics. Two major lakes have been developed for storm water retention. Mr. Charles DaMeo, Chief Soils Engineer for Levitt, described the subsurface conditions, with data obtained from USDA Lake County Soil Survey, USGS Flood Map, Wheeling Quadrangle, aerial photograph, 35 test borings by Testing Service Corporation, and 46 test pits by Levitt. He stated that the soils consisted of 1 to 5 feet of tq- soil over clay and sandy gravel, also peat and soft clays. Mr. DaMeo then displayed plates prepared by the Lake County Soil and Water Conservation District showing soil delineation. He then stated that Lake County recommends for the Wagner parcel no sub- surface living or storage area be constructed, and that Levitt will construct no basements or subsurface storage areas. He stated Lake County recommends no building in or filling of the flood plain, and that Levitt will make little encroachment on the flood plain and when done, more than adequate compensation of storage will be provided. He then stated Lake County recommends no construction of streets or homes on soils with severe limitations unless proper planning and construction methods are followed, and that Levitt will remove and replace with compacted fill any peat and/or soft wet clays encountered. In response to a question from Mr. Larson, Mr. DaMeo stated that Lake County tests are 3 or 4 holes with a few deep holes and that their main purpose is agricultural and that Soil Testing Service' s average test is 15 feet deep. In response to a question from Trustee Osmon, Mr. Seaberg stated that he would like to look at the results of Levitt' s soil tests. In response to a question from Trustee Osmon, Mr . Campbell stated that the retention lakes will be developed first on the Wagner parcel. 2666 2/13/73 Mr. DaMeo stated that all of the Wagner parcel and most of the Koelper-DeMuth parcel lay in the Aptakisic Creek Watershed and the southwest corner of the Koelper-DeMuth parcel is in the Buffalo %m-' Creek Watershed. There will be a small retention area in the southwest corner of the Deolper-DeMuth parcel and water will be released slowly through underground piping into the Aptakisic Creek Watershed. Mr. DaMeo stated that with proper grading water would not stand. In response to a question from Trustee Shirley, Mr. Campbell stated that they plan to sod or hydroseed the banks of the creek to prevent erosion. In response to a question from President Armstrong, Mr. Campbell stated that the lakes will be maintained by the homeowner ' s association. Trustee Fabish questioned the effect of upstream development on the property. Mr. Campbell stated that the piece in the Buffalo Creek Watershed is in the uppermost reaches of that watershed which presents no problem, and the Aptakisic Creek Watershed is approximat- ely 600 acres and if developed according to the Buffalo Grove Retention Ordinance, there will be no problem. Mr. Seaberg foresaw no problem. Mr. Campbell described alternate types of drainage for the property. Mr. Campbell stated that sanitary sewers will hook into the Long Grove Interceptor Sanitary Sewer, that the Koelper-DeMuth parcel will be connected by means of a gravity sewer, and that the Wagner Parcel will require a pump station at the eastern limits. Mr. Campbell stated that during the first phases of development, water will be obtained from Well #2 and later from a well site on the Wagner parcel. Mr. Seaberg agreed with the plan. Trustee Rathjen questioned the means of paying for the newvell. Mr. Seaberg stated that this project was considered in the Water Study and that this well will service more area than these two parcels. Mr. Seaberg noted that the tap on fees required by Ordinance will cover cost of the well. Mr. Campbell stated that the annexation agreement has a provision for an advancement of the tap on fees. Mr. Larson noted that tap on fees generated from these parcels will be approximately $125,000. Mr. Larson stated that there is a possibility of another interceptor in the area of the Wagner parcel and that connection could be made without the need of a lift station. Mr. Campbell stated that the system will be designed so that when the other interceptor is available, connection can be made. 2667 2/13/73 With regard to recreational facilities, Mr. Campbell stated that this development provides 1 acre per 100 people. He stated that on the Koelper-DeMuth parcel there are a 1.2 acre walk to park, 5 acres '-- of open space, a swim club, and one tot lot; and on the Wagner parcel there are 16 acres of open space and 2 lakes. Mr. William Kiddie, President of the Buffalo Grove Park District, requested the 1.2 acre park be enlarged by removing 4 homes from either side; that all flood plain which has been designated as open space be held as private open space and improved by the developer; that a small neighborhood center, tot lots, and tennis courts be supplied; and that contributions made by Levitt be made in con- junction with the acceptance of the annexation petition. Mr. Campbell stated that the 1.2 acre park was intended for use by the single family homeowners as a passive area; that the 16 acre open space will be graded, seeded, and made usable for recreation; and that the money that would have been used for a second swim club will be put into other areas of development. Mr. Campbell stated that this area is not in the boundaries of the Park District, and that they are considering annexation; however, if this is not in the best interest of the people who will reside there, they will have to reconsider annexation. , . / ...s�+ G .—Yz?-i=��7 J — �fY'�-.1--•- ,(z2 10:07 P.M. - The President declared a recess. (` 10:24 P.M. - The meeting resumed. Mr. George VanDerBosch, Chairman of the Long Grove Plan Commission, stated that Long Grove bounds this development on the north and west with 2 acre zoning. He hoped the Village observes the Master Plan in this area and noted that the area adjoining the Wagner parcel has 10 times less density. He expressed concern of water usage, alteration of water retention basins, and soil analysis. Mr. DaMeo described how the southwest corner of the Wagner parcel can be made buildable with proper grading. Mr. Campbell stated that originally an 11 acre school site was located in the southwest corner of the Wagner parcel with an adjoining ten acre park, but that the School District had rejected the site on the basis of their own soil tests. He stated that discussion has taken place and additional information given to the School District, and that the School District will give this site. reconsideration. In response to a question from Trustee Shirley, Mr. Campbell stated that the 23 units shown in this area will be included in other clusters. Mr. William Hitzeman, Superintendent of School District 96, stated that because of new information from Levitt regarding grading, sloping , and seeding, the School Board is considering the possibility of accepting the school site. He further stated that their engineers will meet with Levitt engineers to discuss usability of the site. He then requested a lead time of 60 to 90 days for Levitt and the School Board to reach an agreement. Mr. Raysa stated that this can be put in the annexation agreement. 2668 2/13/73 In response to a question from Trustee Shirley, Mr. Kiddie stated that his Board will discuss the possible change in open space. In response to a question from President Armstrong, Mr. Campbell stated he would not be in favor of enlarging the 1 .2 acre park site because it is not intended to be a major park, but one that will service the 75 homes surrounding it. In response to a question from Trustee Osmon, Mr. Campbell stated that children can bicycle to the large open space for ball games and other noisy activities. In response to a question from Trustee Mahoney, Mr. Campbell stated that a living fence will be around the park, and restrictions will be put on the adjoining lots in order to have like fencing installed. Mr. Somanak, Director of Marketing for Levitt, gave a slide presentat- ion depicting various Levitt developments throughout the world. Mr. Campbell reviewed with the Board the economic impact of the development. He stated that the total population generated will be 2277 , with an average of 3. 41 persons per dwelling unit, market value will be $23,600, 000, assessed value will be $12 ,980, 000, and surplus revenues will be $60,870. He then stated that a study based on the student yield chart in Resolution #0-72-35 shows School District 96 will have a net annual surplus of $98 , 988 and District 125 will have $206, 211. He compared these figures with figures generated if the parcels were developed as single family lots. Mr. Carl Genrich, Chairman of the Plan Commission, stated that the Plan Commission approved the original proposal in January, with a vote of 7 yes and 1 abstention. He then noted a memo signed by seven members of the Plan Commission that stated although the Master Plan shows this area as single family, the Levitt development should be considered separately for a 4 to 8 density PUD. He then requested the Board to refer the new plan to the Plan Commission for review and recommendations. He then stated that if the School District accepts a school site instead of cash, the units in that area should not have to be put into the other clusters because they were included to compensate for the cash donation to the School. In response to a question from Trustee Shirley, Mr. Campbell stated that the main streets should be shown as 27 feet wide with curbs. In response to a question from Mr. Larson, Mr. Campbell stated that the monthly maintenance fee to condominium owners will be $25. 00. Mr. Larson expressed concern if this was enough to cover street maintenance. 2669 2/13/73 Mr. Raysa stated that the streets should be dedicated, that he needs a legal description of the zoning areas, and questioned if the site plans were sufficient. He felt responsibility of maintenance should -- be with "then owners of the property" instead of the "Homeowner ' s Association" . Mr. Seaberg felt there was a question about the maintenance of the open space because it is tied in with the drainage and that the Village should be legally able to force the Homeowner ' s Association to make necessary repairs to keep drainage in tact. A lengthy discussion took place regarding maintenance responsibility of streets and storm sewers. President Armstrong requested this be considered during the week and decided at the next meeting. Mr. Raysa expressed concern over the phraseology in paragraph 7 of theegreement and felt it should be reworded. He stated that paragraph 8 should include the exact amount of land needed for the well site. Mr. Seaberg stated that 11/2 acres might be sufficient. Mr. Campbell agreed to that amount. Mr. Raysa felt that on Page 6 a specific date for the recapture should not be included. Lengthy discussion followed regarding oversizing of pipes and benefiting areas. President Armstrong requested this problem to be worked out during the week. Mr. Raysa suggested "Size and" in added after "Developer shall" .... in line 10 of paragraph 9. He had further questions regarding the next to last sentence in the same paragraph. Mr. Campbell stated that Paragraph 9 will be reworded. President Armstrong stated that paragraph 10, regarding contribution to the School District, will be reworded per earlier conversation. Trustee Osmon requested an additional exhibit, being a letter from District 96 regarding their agreement with Levitt. Mr. Raysa questioned the time for donation of the 16 acre open space. Mr. Campbell agreed to make the time not later than 5 years. Mr. Raysa asked for a five year reverter clause to be included. Mr. Raysa stated that no provision for a raise in water rates is included and the bond issue requires this. Mr. Campbell stated that if the increase is for the entire Village, he would agree. Mr. Raysa questioned paragraph 18 regarding the Village obtaining the necessary easements. Mr. Campbell stated that they would like to have Village help only if necessary. Mr. Raysa requested "may" be changed to "will" in the first paragraph on page 10. Mr. Larson questioned the reason participation in cost of improvement of Arlington Heights Road had been deleted. He noted that this had been included in the Otis agreement. 2670 2/13/73 Mr. Seaberg stated that in paragraph 8 , tap on fees were figured at the multi-family rate and should be at single family rate. He then stated that the upper portion of Arlington Heights Road will be a problem because of the construction traffic. Mr. Seaberg stated that the Village has a commitment with Otis to recapture on the water main from Well #2. Mr. Seaberg felt legal implications are involved in paragraph 19 regarding the Flood Plain Ordinance. Mr. Campbell stated that it was a matter of interpretation of the Ordinance. President Armstrong asked if the development were approved, would Levitt donate the five acres south of Kildeer III to the Village. Mr. Campbell stated that the area has not been built with the intent of contribution to the Village for school or park use. President Armstrong adjourned the public hearing. Trustee Shirley moved the meeting adjourn. Trustee Osmon seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 1 : 00 A.M. Respectfully submitted, 7/ - Village Clerk Appro d this .ay of --t , 1973. ` lage P ident