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1973-08-20 - Village Board Regular Meeting - Minutes r 1 2840 8/20/73 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, AUGUST 20 , 1973 , AT THE MUNICIPAL BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. President Armstrong called the meeting to order at approximately 8 : 08 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, Rech, Driscoll. Also present were Harry Walsh, Acting Village Manager, Arnold Seaberg, Village Engineer, and Richard Raysa, Village Attorney. f 1. Minutes of August 13 , 1973 Trustee Rathjen moved the minutes of August 13 , 1973 , be approved as submitted. Trustee Rech seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll L_. NAYES : None The motion carried. j 2. Warrant #270 Trustee Shirley presented Warrant #270, in the amount of $69 ,792 .74 , and moved for its approval. Trustee Osmon seconded the motion. After discussion, it was decided the expenditure to Otar Printers, Ltd. , in the amount of $585. 00 , for planning maps should be removed from the warrant. Trustee Shirley revised the figures of the warrant to be General Fund, General Government - $5 , 012 .11, General Fund, Total - $35, 638 . 08 , and Grand Total - $69,207 . 74. A roll call vote found the following : AYES : Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll NAYES: None The motion carried with the change noted. 2841 8/20/73 3 . Village Manager' s Report The Summary of Administrative Activities for the Month of July, 1973 , was noted by the President. Trustee Osmon requested Police Chief Walsh to check into complaints that juveniles had been detained for improper bicycle useage. 4. Standing Committee Reports Flood Control Committee Trustee Rech announced that the Flood Control Committee will meet on August 23, 1973 , at 8 : 00 P.M. , with the guest speaker being George March, Chairman of Mount Prospect ' s Flood Control and Clean Streams Commission. Buffalo Grove Days Trustee Shirley noted that the annual Buffalo Grove Days celebration will be held the first weekend in September and requested volunteers for the dunk tank. He stated that tickets are available from the Chairman of the dance. 5. Committee of the Whole ►... Lieberman Annexation Agreement Mr. Raysa reviewed changes in the Lieberman annexation agreement made since the last discussion. He stated that paragraph 4 was changed to provide for adoption of a zoning variance for the property described in Ordinance 73-10 allowing a twenty foot front yard. President Armstrong stated that the Board agreed to that provision during the last discussion. Mr. Raysa stated that paragraph 12 was changed to allow no taverns on the premises. After discussion, it was decided the paragraph should be changed to allow no beer, wine, or liquor to be sold for consumption on the premises. Mr. Raysa stated that the last sentence of paragraph 12 was changed to have deliveries regulated to the best of Owner' s ability. After discussion, it was decided to have deliveries regulated so as not to disturb right of quiet enjoyment of adjacent owners. Trustee Osmon questioned the last sentence of paragraph 18 which states the sidewalk shall be installed within five years of the agreement. After discussion, it was decided the side- walk shall be installed to conform with construction of Dundee Road but not later than five years. Immif 2842 8/20/73 Trustee Rech questioned if there were a means by which this annexation could be bound to the recent Lieberman rezoning, Ordinance #0-73-10, in order to consider the two parcels as one. Plan Commissioner Stan Haarr advised that the Plan Commission had held two public hearings, one for the annexation and the other to amend Ordinance #0-73-20. Mr. Raysa stated that he could modify the agreement in such a way to bind both parcels to the site plan presented with the agreement. It was the decision of the Board for the Attorney to do as he suggested. Ordinance #0-73-35 President Armstrong read Ordinance #0-73-35, an ordinance approving an annexation agreement for the Lieberman property located on Dundee Road west of Golfview Terrace. Trustee Shirley moved Ordinance #0-73-35 be adopted as read. Trustee Mahoney seconded the motion. In response to a question from Trustee Osmon, Mr. Raysa stated that, because of Trustee Osmon' s possible conflict of interest, his vote would violate the spirit of the law but not the letter of the law. A roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSTAIN: Trustee Osmon The motion carried. Ordinance #0-73-36 President Armstrong read Ordinance #0-73-36 , an ordinance annex- ing the Lieberman property located on Dundee Road west of Golfview Terrace. Trustee Mahoney moved Ordinance #0-73-36 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSTAIN: Trustee Osmon The motion carried. Ordinance #0-73-37 President Armstrong read Ordinance #0-73-37, an ordinance :.. zoning the Lieberman property located on Dundee Road west of Golfview Terrace to B-1 for office and retail development. 2843 8/20/73 Trustee Shirley moved Ordinance #0-73-37 be adopted as read. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Shirley, Rathjen, Mahoney, Rech, Driscoll NAYES: None ABSTAIN: Trustee Osmon The motion carried. President Armstrong requested Mr. Raysa to prepare an ordinance approving the twenty foot variation for the front of the Lieberman property. In response to a question from Trustee Shirley, Mr. Lieberman stated that during construction any damage caused to adjoining property will be corrected and that all possible measures will be taken to prevent damage. Phoenix Development Jack Siegel, attorney representing Phoenix Construction Company which is the contract purchaser and proposed developers distributed a brochure containing a description of the sites, the developer' s and planner' s objectives of the development, and the impact and specific character of the development. Mr. Siegel stated that Sasaki, Walker Associates of Sausalito, California, is the land planner, A. J. Del Bianco and Associates is the architect, and Corba, Spies , and Gustafson is the engineer. Mr. Siegel stated that the proposed development consists of two parts, one consisting of three tracts around the golf course and another 33 acre parcel north of Route 83 near Busch Road. He stated that the golf course tract was originally developed and planned under the Glen Grove annexation, and that at that time, it was contemplated that the golf course would be surrounded by a multiple family development of approximately 1100 units. He said that although the annexation agreement provided for zoning, an Ordinance was never adopted. He said the current zoning map shows the property in question as R-1; therefore, they are requesting a rezoning from R-1 to R-9. Mr. Siegel stated that the 33 acre parcel located north of Route 83 would have 241 townhouses and the three tracts around the golf course, consisting of 64 acres, will have 913 units. He said the development will take approximately three to five years, depending upon market conditions. 2844 8/20/73 Mr. Siegel stated that the entire program is based on acquisition of the golf course by the Village and that their planning on the areas around the golf course was predicated on that acquisition. Mr. Siegel stated that Parcel A, north of the golf course, will be devoted to 15 two story townhouse units and 124 two story garden condominiums, with a play area. Parcel B, south of the golf course, will consist of 64 townhouses, 188 garden condominiums, and 198 three and four story apartment units, with a tot lot and recreation center. Parcel C, east of the golf course, will consist of 324 apartments around a recreation center. All parcels will be buffered within the development and from the surrounding areas. The areas around the golf course were planned as an entire entity, including the golf course, which is a total of 192 acres. He stated that retention facilities will be provided on the golf course. Mr. Siegel stated that the townhouses will sell for from $37, 950 to $51, 900 and condominiums will sell for from $36 , 900 to $47 ,500. Mr. Siegel stated that south and east of the property is a 4. 8 acre tract that will be deeded to the Village. :•• Referring to a site plan of the 33 acre parcel north of Route 83, Mr. Siegel stated that the site is self contained and will consist of townhouses. He stated that the developer will donate to the School District $150 per unit at the time of issuance of occupancy permits. Mr. Siegel then reviewed the impact to the School District as outlined in the brochure previously distributed. He compared tax yield from the proposed development against estimated tax yield if the area were developed single family. Mr. Siegel stated that the development had received a favorable recommendation from the Plan Commission. Trustee Shirley noted that the original acreage on which the 1100 units would be developed included the 4 . 8 acres which will be donated for public use; therefore, the reduction in density was questioned. Trustee Shirley questioned how the golf course could be included in the gross acreage of the development when Mr. Siegel ' s client does not own the golf course. Mr. Siegel explained that present ownership of the parcels and the golf course is combined, and if the Village does not acquire L... ownership of the golf course, the developer will abide by the guide lines of Resolution #0-72-35 . He further explained that his client is the contract purchaser of the parcels only. Mr. Siegel stated that they contemplate that all units will be condominium ownership. He felt that this development 2845 8/20/73 would be the highest and best use of the land. Trustee Rech noted that the requested zoning does not conform with the Master Plan. Mr. Siegel stated that this proposal was presented to the Plan Commission prior to adoption of the Master Plan and suggested the Master Plan is incorrect in its designation of the area. Plan Commissioner Pat Shields stated that along with recommendation to approve the proposal, the Plan Commission wants to preserve the golf course area and if the Village should not acquire the golf course, there should be a guarantee that the water retention area would be protected. He stated that his personal opinion was that a lower density would not be economically feasible. Mr. Siegel described the density of each parcel as follows: Parcel A - 11. 5 dwelling units per acre Parcel B - 13. 6 dwelling units per acre Parcel C - 20. 6 dwelling units per acre Parcel north of Route 83 - 7 . 2 dwelling units per acre %moo Joseph Koenen, engineer, stated that the parcel north of Route 83 will have dry detention with an underdrain. He stated that water will drain through a storm sewer to an existing drainage way at Route 83 and Busch Road. Mr. Seaberg suggested the agreement contain a paragraph stating that all attempts will be made to see that the storm water detention does not cause an adverse effect on the recreational area. Trustee Rech felt that all homeowners should be warned that water will be in the green space. After discussion, Mr. Siegel stated that the developer will provide whatever is necessary for a 50 foot right of way for Route 83. Referring to the parcel north of Route 83 , Mr. Koenen stated that they will provide a 66 foot right of way on the north line to connect with future roads to the north and will provide a fire lane on the east and west to line up with emergency easements on the two adjacent properties. In response to a question from President Armstrong, Mr. Siegel stated that a reduction in density is impossible because it is not economically feasible. %•• Mr. Siegel stated that recreational facilities on the parcel north of Route 83 will include a club house, swimming pool, deck area, and community room. 2846 8/20/73 '-� Trustee Rathjen asked how the school donation compares with donations from other developers. President Armstrong requested Mr. Seaberg to compute the donation required by Resolution #0-72-35. 10: 05 P.M. - The President declared a recess. 10:30 P.M. - The meeting resumed. Trustee Shirley stated that the student yield estimated by the developer is based upon the table in Resolution #0-72-35. He expressed concern that if this donation does not meet the Resolution, it may negate previous donations. Mr. Seaberg stated that his calculations show that donation of $86, 500 is required on the parcel north of Route 83. Trustee Rathjen noted that the developer is offering $36 ,150. It was decided that an opinion is needed from the Park District with regard to the proposed recreational facilities. Mr. Siegel stated that the entire project is based upon providing per- manent recreation space, and that they have provided recrea- tion areas for the people in the development. Trustee Rech questioned the possibility of underground parking on the parcel east of the golf course because of the water table. She noted that if the parking is more than one half above ground, a four story building will not be permitted according to Village Ordinances. Father Duffy of St. Mary' s Church spoke against the rezoning and felt the density should be lowered. Mr. Iry Gilman, 521 Castlewood Lane, stated that during meetings held to review the Master Plan, people expressed their opinions against multi family units around the golf course. He felt that the land in question is the best in Buffalo Grove and deserves creative thinking in the development. President Armstrong explained that in 1968 , the Village Board voted to grant R-9 zoning on the parcels around the golf course with a density of 1100 units, but that the zoning was not officially granted by ordinance. He stated that there is a risk that the Village could lose a court case and the property would regain a density of 1100 units. He stated that the Board is concerned with maintaining the golf course as open space, and it has been offered to the Village for sale; however, it tl is not for sale if an agreement cannot be reached with Phoenix Construction. tl 2847 8/20/73 Mr. Siegel stated that Phoenix Construction is not the owner of the golf course. He stated that the property is held in trust with Harold Friedman being one of the beneficiaries. In response to a question from Trustee Rathjen, Mr. Seaberg stated that according to Resolution #0-72-35, a school donation of $129,500 is required on the parcels around the `./ golf course and $86 ,500 on the parcel north of Route 83 . Trustee Rathjen felt the Village should proceed on the basis of making the donations becuase the golf course is not a bargain at the offered price. President Armstrong noted that the 4. 8 acres will not be a gift to the Village, but will be sold to the Village for the $50, 000 outstanding by the owner on Checker Road. In response to a question from Trustee Mahoney, Mr. Donatoni, architect, stated there is a 50 foot landscaped strip between the parcel east of the golf course and the single family homes to the east. Fritz Kreidler, 891 Indian Spring Lane, stated that if the Village purchases the golf course, it will be removed from the tax roles; that if there is no school donation, taxpayers will have to subsidize the project; and the taxpayers will ..,. have to pay for the golf course . Mr. Siegel stated that the tax impact study was developed to answer the question. Trustee Rech expressed concern that retention will be provided on property not owned by the developer. Mr. Siegel stated that a permanent easement will be obtained. In response to a question from Trustee Shirley, President Armstrong stated that a site plan for the 1100 unit develop- ment is on file with the Village. Trustee Osmon suggested the donations be made at the time of issuance of building permits. Mr. Siegel agreed to this. In response to a question from Trustee Shirley, Mr. Siegel stated that it is not within the power of the developer to reduce density. Trustee Osmon moved consideration of this rezoning request be tabled until September 4 , 1973. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. 1 2848 8/20/73 6. Questions from the Audience A citizen requested the Board to investigate the possibility of setting land aside for a future hospital. President Armstrong stated that he would pursue the matter. There being no further questions from the audience, Trustee Osmon moved the meeting adjourn. Trustee Mahoney seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 11: 57 P.M. Respectfully submitted, r Village Clerk [ Approved this ? aay , 1973. i la President k