1973-09-04 - Village Board Regular Meeting - Minutes 2854
9/4/73
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, SEPTEMBER 4, 1973, AT THE MUNICIPAL
BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS
President Armstrong called the meeting to order at approximately
8 :20 P.M. Those present stood and recited the Pledge of Alle-
giance to the Flag.
The Clerk called the roll and found the following present:
President Armstrong; Trustees Shirley, Osmon, Rathjen, Mahoney,
Rech. Trustee Driscoll arrived at approximately 10 : 45 P.M.
Also present were Daniel Larson, Village Manager, Arnold Seaberg,
Village Engineer, and Richard Raysa, Village Attorney.
1. Minutes of August 27, 1973
Trustee Rathjen moved the minutes of August 27 , 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
a...
NAYES : None
ABSENT: Trustee Driscoll
The motion carried.
2. Warrant #271
Trustee Shirley presented Warrant #271, in the amount of $60 ,856. 44,
and moved for its approval. Trustee Rathjen seconded the motion.
After lengthy discussion, Trustee Shirley amended the motion to
reduce the expenditure to Keno and Sons Construction Company,
under Water Fund, for reimbursement of expenses incurred for
their bid on Well #2 reservoir, from $661. 70 to $30. 00. Trustee
Rathjen seconded, and a roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Rech
NAYES: Trustee Mahoney
ABSENT: Trustee Driscoll
The motion carried with the following changes noted: WATER FUND,
Water Operating - $8 ,287. 96 , WATER FUND, Total - $16 ,551.36 , and
GRAND TOTAL - $60,224. 74 .
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3. President' s Report
Buffalo Grove Days
President Armstrong thanked the many people who were involved
with Buffalo Grove Days. Because the attendance at the dinner
dance was low, he requested the Buffalo Grove Days Committee
and the Board to review the reasons.
Trustee Shirley felt the reasons could be inadequate publicity,
fear of the snake, bad weather the last two years, or change in
location. He expressed concern that it is difficult to get
volunteers. He felt the weekend was a success and saw no reason
to discontinue the celebration.
Father Duffy of St. Mary' s Church stated that arrangements could
be made to have the dinner dance on the rectory' s patio next year.
Bob Bogart stated that a final report is forthcoming.
Reptile
President Armstrong expressed concern that many citizens do not
believe the escaped snake was not a cobra. He stated that lie
detector tests given to the owner and keeper of the snake confirm
that the skin, which was examined, did come from the escaped
snake and that the skin was identified as coming from a rat snake.
4. Committee of the Whole
Ordinance #0-73-39
Ordinance #0-73-39 , an ordinance repealing Section V, Article VI
of the Zoning Ordinance and enacting a new Section V on Planned
Developments, was read. Trustee Rech moved Ordinance #0-73-39 be
adopted as read. Trustee Osmon seconded the motion.
During the discussion that followed the following changes were
made:
1. Page 1 , Section 5.1, line 11 - change "with" to "of" .
2. Page 1, Section 5.2 a, line 8 - delete "and with the
Official Plan of the Village of Buffalo Grove. "
3 . Page 7 , Section 5. 5 b 7 , line 2 - after "survey" , add
"by traffic engineer acceptable to the Village. "
4. Page 8 , Section 5. 6 b, line 7 - delete "notified of the
�.-• reasons for disapproval of the plan" and change to "given
copies of the minutes of Board action. "
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5. Page 8 , Section 5. 6 c, line 7 - change "with" to "of" .
6. Page 9 , Section 5. 7 c, line 17 - change "forthwith" to
"sixty days" .
7. Page 10, Section 5. 8 b, line 5 - delete "vary the
proposed gross residential density or intensity of use
by more than five per cent" .
8. Page 10 , Section 5. 8 b, line 8 - change "five" to "two" .
9. Page 12, Section 5. 8 g, line 11 - change "forthwith" to
"within sixty days" .
10. Page 12 , last paragraph, line 4 - add "for each offense"
after $500. 00 .
11. Portions stating "developments will be in harmony with
the general purpose and intent of this ordinance and with
the official plan" will be modified by the Village
Attorney.
Trustee Osmon suggested a paragraph placing responsibility of
final layout of the final plan on the developer and not the
Village. Trustee Shirley suggested this paragraph be adopted
as a part of the entire Zoning Ordinance. President Armstrong
requested the Attorney to prepare tentative wording for review.
Trustee Rech amended the motion to adopt Ordinance #0-73-39 as
read and corrected. Trustee Osmon seconded, and a roll call
vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech
NAYES: None
ABSENT: Trustee Driscoll
The motion carried.
10: 20 P.M. - The President declared a recess.
10 :40 P.M. - The meeting resumed.
Phoenix Development
Jack Siegel, attorney representing Phoenix Construction Company,
reviewed his presentation of August 20 , 1973 . He stated that the
three parcels around the golf course, referred to as Project A,
will contain 913 units, and the parcel north of Route 83 , referred
...., to as Project B, will contain 241 townhouse units. He stated that
Mr. Friedman, one of the owners of both the golf course and the
parcels around the golf course, has been negotiating the sale
of the golf course to the Village. He stated that 4. 9 acres of
land will be conveyed to the Village for municipal use. He said
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the donation to the School District has been modified since the
last meeting. In addition to the $150. 00 per unit on Project B,
$11,000 will be donated, and in addition to the 4 . 9 acres of land,
$72 ,000 will be donated for Project A. He said this donation
meets the requirements of Resolution #0-72-35.
Trustee Driscoll arrived at this time.
President Armstrong posed two questions to Mr. Raysa. He asked
what the Village' s position would be if this rezoning is denied
and the owners took the Village to court for the 1,100 units
granted by a previous Board but not officially enacted. He stated
that if this proposal is denied, the golf course is not for sale;
therefore, he asked Mr. Raysa what the owner could do with his
property.
Mr. Raysa stated that Mr. Friedman could develop the golf course
as single family units. Discussion took place regarding the
flood plain and the multi-family developments adjacent to the
golf course property.
Mr. Raysa stated that if this proposal is not approved, Mr.
Friedman will not sell the Village the golf course, and he could
go into court and mandamus the Village to grant R-9 zoning with
1,100 units. He felt the chances of defeating the law suit would
be 50/50.
It was noted that the original Glen Grove annexation agreement
provided for multi-family units east of the golf course and single
family lots south along Lake-Cook Road.
In response to a question from William Kiddle of the Buffalo Grove
Park District, Mr. Siegel pointed out the tot lots and recreation
centers on the various parcels in question.
In response to a question from Gray Ikens of School District #96 ,
Trustee Shirley stated that a right of way is provided on Project
B for access to the proposed school on the Wagner parcel.
Edward Smith, 7 Springside Court, felt that this proposal would
be an undesirable change to the community and urged the Board to
reject it.
Dorothy Berth, 304 Indian Hill, stated that hundreds of Villagers
attended meetings on the Master Plan and at that time, expressed
their desire to keep the area around the golf course as single
family. She felt the Village should take their chance in court.
Mr. Kiddle stated that the Park District agrees that the Village
should purchase the golf course, and that their Master Plan states
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that a public golf course at the current location is the first
priority acquisition from the standpoint of area, utilization,
facility analysis, and current future recreational program
of the Village.
Trustee Shirley felt the golf course should be retained for
flood control and recreational facilities, but should not be
considered as a part of this development. He also questioned
who all the owners are. He felt the density was too high. He
suggested the price of the golf course should be committed at
$1,100,000 and a purchase agreement be negotiated. He felt that
some form of low density multiple development could be considered.
Trustee Mahoney felt the Board is faced with a difficult decision
because he felt it is important to the future of the Village to
keep the golf course as open space and that if an agreement is
not reached with the developer, there is a possibility the golf
course will be developed. He then moved, subject to the developer' s
agreement to contribute according to Resolution #0-72-35 and sub-
ject to the Village Attorney' s opinion that the contribution is
of such a nature that will not jeopardize similar obligations
other developers have made per contract with the Village, he
moved the petition be granted. There was no second to the motion.
Trustee Osmon stated that he has had reservations about the density
of the development. He felt that condemnation of the golf course
could be one course of action in order to keep the area open space.
He then moved consideration of the petition be tabled. There was
no second.
Mr. Siegel stated that because of the cost of the land, it would
be economically impossible to reduce the number of units.
Because he felt the developer should have an answer to the petition,
Trustee Mahoney moved to reject the petition. Trustee Rech seconded
the motion, and a roll call vote found the following:
AYES : Trustees Shirley, Osmon, Rathjen, Rech
NAYES: Trustees Mahoney, Driscoll
The motion carried.
Trustee Mahoney moved the meeting adjourn. Trustee Osmon seconded
the motion, and upon a voice vote, the motion passed unanimously.
Time: 1 :16 A. M.
Respectfully submitted,
Village Clerk
App owed this ) day of c2� � . 1973.
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