1973-02-19 - Village Board Regular Meeting - Minutes 2671
2/19/73
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS,
HELD MONDAY, FEBRUARY 19, 1973 , AT THE MUNICIPAL BUILDING, 50 RAUPP
L. BLVD. , BUFFALO GROVE, ILLINOIS.
The President called the meeting to order at approximately 8 :12 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 February 5, 1973
Trustee Fabish moved the minutes of February 5, 1973 , be removed
from table. Trustee Driscoll seconded the motion, and upon a voice
vote, the motion passed unanimously.
Trustee Shirley moved the minutes of February 5, 1973 , be approved
as corrected. Trustee Rathjen seconded the motion. The Clerk stated
that upon review of the tape of the meeting, she felt the phrase in
L. question should be deleted. A roll call vote found the following:
AYES: Trustees Fabish, Shirley, Rathjen, Mahoney, Driscoll
NAYES: Trustee Osmon
The motion carried.
2. Warrent #258
Trustee Shirley present Warrant #258 , in the amount of $59,738 .22 ,
and moved for its approval. Trustee Driscoll seconded the motion.
Trustee Osmon stated that he had not received a copy of the warrant.
A roll call vote found the following:
AYES: Trustees Fabish, Shirley, Rathjen, Mahoney, Driscoll
NAYES: None
ABSTAIN: Trustee Osmon
The motion carried.
3 . Village Manager' s Report
Mr. Larson reviewed with the Board the Summary of Administrative
Activities for the Month of January 1973 , and noted that 2251
passenger vehicle licenses had been sold that month and that 11 ,855
L. feet of sanitary sewer had been rodded. Trustee Shirley stated that
the personnel page was incorrect. Mr. Larson stated that Police
personnel authorized should be 26 and filled should be 25.
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4. Committee Reports
Water Rates
Trustee Shirley stated that he, Mr. Collins, and Mr. Larson had met
with the financial consultants to discuss the possibility of an increase
in water rates according to the bond issue. He stated that it was his,
Mr. Collin' s, and Mr. Larson' s opinion that at this time the Village
can meet all of their commitments and continue operation, and
recommended there not be a rate increase. He stated that they will
meet quarterly for a continuous review of the matter.
Buffalo Grove Days, 1972
Mr. Mike Chamberlain presented a financial report regarding Buffalo
Grove Days, 1972 . He reported that $3 ,384 .22 of Village funds was
spent on the celebration, with the major over expense being the
dinner dance. He thanked Trustee Shirley, Mr. Larson, Civil Defense,
and President Armstrong for their help.
Trustee Shirley stated that the Committee for this year has met and
that a budget and preliminary report will be presented in April.
Mr. Chamberlain stated that Norman Katz and Robert Bogart are co-
Chairmen for this year '-s celebration.
USPH Housing Code
L... Trustee Fabish expressed concern regarding the recommendation of the
Health Officer requesting adoption of the USPH Housing Code of BOCA
Housing Code. Because Trustee Fabish will be absent the meeting that
this will be discussed, President Armstrong requeded Mr. Larson to
place it on a later agenda.
5. Committee of the Whole
Levitt and Sons Annexation
Mr. Ken Campbell of Levitt stated that the annexation agreement has
been revised, according to discussion at the last meeting and meetings
with the Village Manager and Village Engineer.
Mr. Campbell stated that in paragraph 10 regarding school donation,
after the first sentence, "In the event the school site is declined,
and the school district and developer do not agree on a possible
alternate, the Developer will make a contribution based on Resolution
#0-72-35" should be inserted. Mr. Hitzeman stated that he has
read this paragraph and is in agreement.
In response to a question from Trustee Shirley, Mr. Campbell stated
that dedication of the school site will occur as quickly as the
School District requires it, but regrading will be done when they
develop the parcel. Trustee Osmon noted that Resolution #0-72-35
requires the donated site to be buildable and have service available.
Trustee Shirley stated that the agreement states they will conform
to those sections of the Resolution.
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2/19/73
Mr. William Kiddie, President of the Buffalo Grove Park District,
stated that the single lotted homes require at least a 2 acre park.
Mr. Campbell stated that at the time the final landscape plan is
`-� submitted, if it seems appropriate to enlarge the park, 4 units
will be moved into the cluster area. President Armstrong stated that
this should be included in paragraph 10 .
Mr. Adddle stated that the Park District would be willing to divide
the 21 acre school-park site with the School District, but if the
School District should decline the site, the Park District would
expect the 21 acres to remain in public domain, and that 16 acres
would be deeded to the Park District.
Mr. Kiddle requested close Village supervision of the developer ' s
engineering related to slope, topography and drainage of the public
open space.
Mr. Kiddie requested since Levitt has deleted the swim club, the
Park District feels that these monies should reallocated into remain-
ing public and private recreational development.
Mr. Kiddle then requested early access to the public use lands on
the Wagner parcel in order to provide new recreational programs.
Mr. Campbell stated that they want to store dirt and construction
trailers on that property, but that they would allow the Park District
to use portions. He stated that the property would be deeded when
�... the parcel is developed.
In response to a question from Trustee Osmon, Mr. Campbell stated
that the retention lake will be constructed first when developing
the Wagner parcel.
Mr. Hitzeman requested Levitt not to store dirt on the school portion
of the property.
Mr. Campbell stated that the 21 acre open space would be an economical
hardship on Levitt, that the development exceeds school and park
requirements , and that monies from the swim club will be used through-
out the development.
In response to a question from Trustee Osmon, Mr. Campbell stated
that grading of the retention pond will be a 1 on 5 scale slope.
In response to a question from Trustee Shirley, Mr. Campbell stated
that tot lots will be included in final plans, and that they
anticipate 1 on the DeMuth parcel and 2 or 3 on the Wagner parcel.
In response to a question from Trustee Osmon, Mr. Campbell noted
that paragraph 10 provides for annexation of this area into the
Buffalo Grove Park District.
�.. Trustee Shirley requested in the last sentence of paragraph 10 "less"
be changed to "more" .
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2/19/73
Mr. Raysa stated that donations should not be made directly to the
School and Park Districts, but to the Village for conveyance. He
felt that there may be portions that might be held for Village use.
�-- Trustee Shir]ey noted that these donations are made in accordance with
Resolution #0-7 -3,5 far, school and}irk lands � /�
- 7--2 ,36 '
Mr. 'Brandwein, attorney far Levitt, stated that at the request of '
Mr. Raysa, included in the agreement will be a provision in case the
Homeowner' s Association does not meet its obligations, the Village
will have the right to do the work and impose a lein against any
delinquent homeowner and the Association. He then stated specific
zoning of the corridor providing contiguity has been deleted. He
stated that water rates would be increased if required by the
Village Bond Ordinance. He stated the height limitation will be
35 feet.
Mr. Campbell stated that paragraph 8 provides for advancement of
tap on fees and payment remains on the basis of $200 per dwelling unit
for cluster single family units with the exception of any buildings
containing 3 or more dwelling units, which will be $150 per dwelling
unit. Advancement of fees will be based upon 20% of the entire fee
assuming all 1 and 2 dwelling unit buildings. The number in paragraph
eight was changed to $24 ,400. After the first sentence of paragraph
8, the following sentence will be added, "It is further agreed that
all dwelling units in buildings of 3 or more units shall qualify
as multifamily" . The tap on schedule of rebates will be in 3
categories based upon no rebate to the Developer for the first
third of the project being 222 units, a rebate for the middle third
of the project, being 222 units, of $110 per unit, and no rebate
over the final third.
In paragraph 8, line 14 , Trustee Fabish requested "provide" be
changed to "dedicate" . Mr. Campbell agreed.
In response to a question from Trustee Rathjen, Mr. Campbell stated that
the well site will be shown on the plan.
Trustee Rathjen felt that because the Water Study indicates the need
of above ground storage, this should be considered for this site.
Lengthy discussion followed. It was decided that at the time land
is donated to the school and park, if necessary, 1/4 an acre should
be set aside for this use.
In paragraph 8 , line 8, below the schedule, the sentence "One
required. " be deleted, and the following sentence be substituted,
"Single family and cluster family dwelling units shall be individually
metered" .
Mr. Campbell stated that page 6 spells out the cost of the oversizing
will be put forth by the Developer and compensation received from
benefiting property owners, and if not received by January 1, 1976,
rebate shall occur by additional waiver of tap on fees, and if not
recovered by February 1, 1978 , the Village would reimburse the
Developer for any costs still outstanding.
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2/19/73
Mr. Larson described the method of determining the cost of oversizing.
He stated that both the 12" main installed by Otis and the 12" main
proposed by Levitt will be considered as one project and then the
cost will be spread to all benefiting properties. He stated the Village
should prepare a Recapture Ordinance in order to have an administrat-
ive means to recoup the funds expended by Developers for the cost
of the 12" water main and the wording in the annexation agreement
should be changed to accomodate this Ordinance.
Mr. Raysa felt that benefit to property owners is difficult to
determine. Lengthy discussion followed regarding the Village ' s
obligation to reimburse funds. After discussion, it was agreed to
change the dates to January 1, 1977 , and February 1, 1978 .
In paragraph 9, line 11, Mr. Campbell deleted "of which one shall
be required for each -Building. Additional service connections
may be provided by the Developer. " He stated that any wording in the
paragraph will be adjusted to conform with paragraph 8 .
Mr. Campbell stated that in paragraph 13, after the first sentence,
"Loop streets in the cluster area shall be dedicated to the Village"
should be added. He stated that the Village will have a general
easement over the entire common area. Upon recommendation of
Mr. Seaberg, Mr. Campbell agreed to a 35 foot right-of-way.
Mr. Campbell stated that in paragraph 13 , line 3 , Parcels 1 and 2
should be stated. In line 4 of the same paragraph, "Such road
connection will be installed by the developer if so requested by the
Village at the time of final approval. " should be inserted. In the
same paragraph, with regard to Arlington Heights Road, the Developer
agrees to participate in the cost of improvement to the extent of
$8, 000, with the additional sentence, "Developer agrees to advance
funds up to $10, 000 additionally for the improvement from Route 83
north to be recaptured per paragraph 8" . Mr. Larson stated that
a route for construction traffic has been arranged. In response
to a question from Trustee Mahoney, Mr. Campbell stated that Vernon
Township will require a bond in case of damage to the road.
Trustee Osmon expressed concern that paragraph 16 implied rental
units. Mr. Campbell stated that he would not object to a restriction
against rentals.
Trustee Shirley requested bedroom mix of the single family and cluster
single family areas to be included in the agreement. Mr. Campbell
stated that marketing demands will govern the bedroom mix. Trustee
Shirley was reluctant to leave the limitation open.
Trustee Mahoney felt that 6± should be changed to "no more than 6"
in paragraph 16.
Mr. Raysa objected to the Village reimbursing the Developer for costs
of obtaining easements as referred to in paragraph 18 . Mr. Campbell
ilMENON agreed to eliminate the rebate but that the Village would be obligated
at the time of new annexation to recapture.
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Mr. Campbell stated that sidewalks along Arlington Heights Road had
been deleted because of the interior public sidewalks on the property.
Mr. Raysa stated that an offsite plat of easement should be required.
Trustee Rathjen questioned the unlimited B-1 zoning proposed.
Mr. Campbell agreed that the zoning would be granted, but that the
Village would have final approval of the development.
Carl Van Engen, Plan Commissioner, stated that the Plan Commission
recommends that a written statement be obtained from the Developer
supporting their willingness to provide grading and site improvement
to the school-open space site; that the Board take steps to insure
that the 16 acres be dedicated to public use; that the Board insure
the park is developed in the manner to insure its neighborhood
character; that "sidewalks and/or screening" be reinstated in the
agreement; that paragraph 13 , lines 8, 7, 6, and 5 be reinstated in
the agreement; that "It is agreed that no more than 30% of the
dwelling units in this project will be of four bedroom size and that
none will exceed four bedroom" be inserted in paragraph 16 ; and
that if District #96 accepts the school site, that the developer
not be allowed to transfer the 23 units.
Mr. Campbell agreed to stipulate that no five bedroom homes will be
built and that no building containing more than 2 dwelling units will
have no more than 50% containing 3 bedrooms, and a 2 and 3 bedroom
mix in any building containing more than 2 dwelling units.
�... George VanDerBosch, Long Grove Plan Commission Chairman, requested a
meeting of the two Villages to discuss flood control of the project
and jurisdiction of Arlington Heights Road. President Armstrong
stated that they will be invited to participate in determining final
approval.
Robert Back expressed concern regarding high density of the project
and development on flood plain.
Tony Berg of Long Grove expressed concern regarding drainage and
soil problems. Mr. DaMeo, Levitt Soil Engineer, described tests
taken and the plans to overcome these problems.
In response to a question from Trustee Osmon, Mr. Campbell stated
that the Village will determine the oversizing of mains.
Trustee Rathjen noted that the Village plans to object to a development
L/ on Dundee Road because of drainage and water supply, and that it
could also be related to this development. He then noted that this
proposal and the Master Plan are inconsistent.
Trustee Fabish expressed concern over the density of the project
and that he prefers single family. Mr. Campbell stated that in
order to provide open space, clustering has to be done.
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2/19/73
Larry Smilgius expressed concern regarding development in flood plain
and requested the Board to consider this. President Armstrong noted
that the Plan Commission spent many hours on this proposal and that
the Board has discussed this at length at three other meetings.
Trustee Osmon moved the Board direct the Attorney to prepare the
annexation agreement as discussed. Trustee Mahoney seconded the
motion, and a roll call vote found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Driscoll
NAYES: Trustees Fabish and Rathjen
The motion carried.
Trustee Mahoney noted that this is not acceptance of the annexation
but just requesting the Attorney to prepare an annexation agreement
embodying all of the suggestions.
31:13 P. M. - The President declared a recess.
11:31 P.M. - The meeting resumed.
Lake County Fire Protection
Mr. Henry Harms, representing a group of residents of the Lake
County portion of the Village, stated that they believe the fire
system belongs under control of the Village. He requested this
matter be discussed at an early workshop session to discuss the
feasibility of disannexing from the Long Grove Fire Protection District
and forming the Buffalo Grove Municipal Fire Department. Mr. Larson
stated that he will consult Mr. Sella, the fire consultant, and set
a workshop meeting for March 12 . Trustee Fabish requested Mr. Raysa
to investigate all legal ramifications. Trustee Shirley expressed
concern that the Long Grove District had not been invited officially
to participate in the discussion. President Armstrong directed the
Village Manager to give notice to all concerned one week before the
meeting.
Upon request from a citizen in the audience, Mr. Larson described the
present fire protection service of the Village.
Lieberman Rezoning
Stanley Lieberman requested rezoning of a 1 acre parcel of land on
Dundee Road from R-5 to B-1 for a two (2) story executive office
building and a 1 story building for specialty shops. He stated that
he plans to move his real estate offices into the office building,
and noted that there is a lack of office buildings in the Village.
He felt that this site would be an asset to the Village. He then
displayed renderings of the plan and explained that it more than
meets requirements of the Village for this zoning.
In response to a question from Trustee Mahoney, Mr. Lieberman stated
that the office building will be constructed first and that he needs
flexibility in the use of the second building, but would be willing
to accept some limitations.
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In response to a question from Trustee Mahoney, Mr. Lieberman
stated that the better side of the fencing will face the adjoining
property owners and the plantings should be on his property' s side.
He stated that he would agree to any reasonable requests of the Appear-
ance Control Commission.
Mr. Lieberman stated that no adjoining property owners registered
complaints at the Plan Commission hearing.
Mr. Genrich, Chairman of the Plan Commission, stated that the Plan
Commission reviewed this request in the context of the Master Plan.
He stated that there is no zoning that would control the use, and
that because this is not an annexation, conditions cannot be imposed
legally. The Plan Commission recommends the Village Board not
approve by a vote of 1 for, 3 against, and 1 abstention.
Mr. Carl Van Engen, Plan Commissioner, presented a minority report
from the Plan Commission. He felt that each project on Dundee
Road should be considered under its own merits, that multi-family
is not the highest and best use of the land, and that this project
provides an acceptable change of building type.
In response to a question from Trustee Fabish, Mr. Lieberman stated
that the plan exceeds the required number of parking spaces.
Trustee Mahoney moved the Board grant Mr. Lieberman' s petition
subject to adding a restriction on restaurants and subject to review
by the Appearance Commission as per the exhibit. Trustee Driscoll
` seconded the motion. Trustee Mahoney stated that he objects to restau-
rants in this particular place because it is close to single family
homes.
Trustee Shirley expressed concern over 2 driveways onto Dundee Road.
Mr. Lieberman stated that he will work with his architect to change
this to one driveway with the idea that when the second building is
constructed, another one could be installed at the other end of the
property.
A roll call vote found the following:
AYES: Trustees Fabish, Shirley, Osmon, Rathjen, Mahoney, Driscoll
NAYES: None
the potion carri . .tea �.: ..,� -� � °��„.�� .
.t..-'.ems
� ee Osmon ve the Board move into executive session for the
purpose of discussing litigation. Trustee Shirley seconded the
motion, and upon a voice vote, the motion passed unanimously.
Time : 12: 27 A.M.
The Board returned to the meeting room at approximately 12 :50 A.M.
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Marathon Service Station
-- Mr. Alan Trayser, Chairman of the Appearance Commission, stated that
the Commission has reached an agreement with Marathon with regard
to landscaping.
Mr. Larson noted that this project must go back to the Plan Commission
for approval of subdivision plat.
LI
Trustee Mahoney moved the Board accept the recommendation of the
Appearance Commission. Trustee Osmon seconded the motion, and upon
a voice vote, the motion passed unanimously.
Resolution #0-73-3
President Armstrong read Resolution #0-73-3, a resolution regarding
work within the state right-of-way by the Village. Trustee Osmon
moved Resolution #0-73-3 be approved. Trustee Shirley seconded the
motion. Mr. Raysa questioned the Village providing maintenance on
traffic signals. Trustee Shirley moved discussion on this matter
be deferred one week in order to receive an opinion from Mr. Raysa.
Trustee Osmon seconded the motion, and upon a voice vote, the motion
passed unanimously. Trustee Rathjen noted that "etc" should be
deleted from the resolution.
There being no further business to discuss, Trustee Osmon moved the
meeting adjourn. Trustee Shirley seconded the motion, and upon a
voice vote, the motion passed unanimously.
Time: 1: 02 A.M.
Respectfully submitted,
/ Village Clerk
Approv/dis . � a o , 1973
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