1974-01-14 - Village Board Regular Meeting - Minutes 2976
1/14/74
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE , COOK AND LAKE
COUNTIES, HELD MONDAY, JANUARY 14, 1974, AT THE MUNICIPAL
BUILDING, 50 RAUPP BLVD. , BUFFALO GROVE, ILLINOIS
President Armstrong called the meeting to order at approximately
8 : 55 P.M. Those present stood and recited the Pledge of
Allegiance to the Flag.
In the absence of the Clerk, President Armstrong asked for a
motion to appoint Norma Krolack Clerk Pro Tem. Trustee Osmon
made a motion to that effect which was seconded by Trustee Rech.
The motion passed unanimously.
The Clerk called the roll and found the following members
present: President Armstrong, Trustees Shirley, Osmon,
Rathjen, Mahoney and Rech.
Absent: Trustee Driscoll
Also present: Daniel Larson, Village Manager, Arnold Seaberg,
Village Engineer, and William Balling, Administrative Assistant.
1. Minutes of January 7, 1974
•
L... Trustee Osmon moved that the minutes of January 7, 1974 be
approved. Trustee Shirley seconded the motion.
Trustee Osmon questioned Page 2970, first paragraph and re-
quested that it be changed to read "it would not be done
tonight" . On Page 2973 Trustee Osmon requested that the
records show that Mr. Robert Laya who was appointed to the
Appearance Control Commission was present at the 13oard meeting.
On Page 2973 Trustee Osmon requested that the records show
that his no vote relative to the approval of Mr. Janisch' s
contract was due to the clause of the contract as he feels it
should be a public bid rather than a negotiated bid. On Page
2975, under Questions from the Audience, Trustee Rech requested
that Mr. Chamberlain' s first name be corrected from Mark to
"Mike" . On Page 2972 , second paragraph, Trustee Rech requested
the following phrase be added, "and the fact that Brown had
been told during the changing of plan discussion that there
was doubt that the building could be built to the current
ordinances and Mr. Verbic had assured the Board that they
would comply" .
A roll call vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech
NAYES: None
Absent: Trustee Driscoll
The motion carried with changes noted.
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2 . President' s Report
President Armstrong stated that he has contacted Governor
Walker and our State Legislators with reference to the
hazardous condition of Dundee Road and has been informed
that this project has been designated the number one priority
this spring for this region. In addition, the State will be
stripping the road and will be maintaining the barricades .
3. Standing Committee Reports
Trustee Osmon requested that the agreement between the
Village of Buffalo Grove and the Buffalo Grove Fire Depart-
ment be Item A on next week' s agenda.
Trustee Rech requested that the Landfill Study Committee be
put on a workshop session for the purpose of presenting their
recommendation. Mr. Larson stated that since the Village
will be honoring February 18 , 1974 , as Presidents' Day, the
next regular Board Meeting and Workshop Session will be
Tuesday, February 19, 1974 , at which time the Landfill Study
Committee can present their recommendation.
This being the second regular meeting of the month, President
Armstrong asked for questions from the audience.
Mike Chamberlain expressed concern regarding the unfortunate
incident that occurred in Elk Grove recently and stated that
it possibly could also happen in Buffalo Grove since the
Village is serviced by two separate fire districts . President
Armstrong then read a letter from Chief Wayne Winter regarding
the event, wherein he states that the Buffalo Grove Fire
Department is taking steps to attempt to insure that a situa-
tion such as the one that occurred in Elk Grove Village does
not develop in our area. President Armstrong suggested that
Mr. Chamberlain contact Chief Winter on this specific issue.
Ray Mahoney asked why Harold Friedman was able to owe the
Village $55, 000 for over two years without paying the debt.
President Armstrong suggested that this would be discussed
later in the meeting in conjunction with the Phoenix property.
Trustee Osmon asked about the Nike site purchase by Lake
County Forest Preserve District. President Armstrong stated
it would be on the agenda at a later date .
Trustee Osmon stated he would like to see an extension of the
cancellation clause for the Burglar Alarm Ordinance. President
Armstrong stated it will be on the agenda again and at that
L. time they can address themselves to that point.
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Trustee Osmon also noted that Berkshire Trace is going through
�-- proceedings of bankruptcy and expressed concern that the Village
be protected regarding future monies due and the posting of a
bond for same. Mr. Larson stated that he would get an opinion
from Mr. Raysa, Village Attorney.
President Armstrong declared a recess at 9 : 13 P .M.
Meeting resumed at 9 : 30 P .M.
Mr. Richard Raysa, Village Attorney, arrived at this time.
4 . Committee of the Whole
President Armstrong announced that the next item of business
would be consideration of the request for rezoning of the
Phoenix Development. Representatives in attendance were
Mr. Jack Siegel, Attorney; Mr. Joseph Koenen, Engineer; and
Mr. Bernard Wolf of Phoenix Construction Company.
Mr. Jack Siegel addressed himself to the Board expressing his
desire that the Board concur with the recommendation of the
Plan Commission to grant the requested rezoning to R-9 subject
to a special use for planned development. Mr. Siegel stated
that this development consists of two different tracts of
:..r land. One tract of approximately 64 acres clustered around
the golf course and an additional 33 acre tract at Busch Road
and Route 83 . Mr. Siegel further stated that since their
previous appearance before the Village Board this matter had
been referred back to the Plan Commission which held a Public
Hearing on their revised plan. Since the Board originally
considered the plan, Phoenix has modified it in several ways
in order to meet objections raised by the Board, by members
of the public, and subject to certain suggestions made by the
Plan Commission. Mr. Siegel stated that they have reduced
by 80 units their original proposal with respect to the golf
course property so they now have 873 total units in Parcels A,
B, and C. Mr. Siegel said that with respect to Parcel C, they
have reduced the height of the building to be two and three
story condominium developments, increased their proposed
contributions to the school district in accordance with the
Village Resolution 72-35 so that the proposed donation
will be $103 , 000 . He went on to say that Parcel A consists
of 139 units including 15 townhouses in the $40 , 000 to
$50, 000 price package; 124 two story condominiums; Parcel B
consists of 266 units, three and four story condominiums,
178 two story townhouses , 38 town homes for a total of 482
units; Parcel C consists of two and three story condominiums
for a total of 252 . Mr. Siegel displayed renderings of the
parcels for the benefit of the citizens in the audience and
said that the right of way of Lake-Cook Road has been changed
somewhat based upon subsequent information so that we have an
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area lying to the south of Lake-Cook Road which was not shown
L. on the original plan. Mr. Siegel stated that the 33 acre tract
is physically separated from the other parcels by the golf
course and will be developed by Phoenix Construction Company
and are townhouses which will sell in the $45, 000 to $50, 000
class. Some minor changes were made in the plan with particular
respect to access at the request of the Plan Commission.
Lengthy discussion followed with respect that the Golf Course
property was originally part of the Glen Grove annexation
agreement and was proposed for 1100 apartments on the areas
that are now Parceled A, B, and C. It was noted that the
873 units now planned is a substantial reduction in the number
of units as originally proposed. Mr. Siegel stated that in
addition to the cash contribution of $103, 000 they will also
donate 4 . 8 acres for Village use. The whole concept of the
development is based upon Golf Course retention facilities
and continued use of the Golf Course for recreational purposes.
It will be subject to an agreement for ultimate purchase by
the Village. In closing Mr. Siegel hoped that the Board
concur in the recommendation of the Plan Commission as they
have spent 11/2 years on the project and have attempted to meet
the requests of the Village.
President Armstrong thanked Mr. Siegel for his presentation.
L. President Armstrong requested Mr. Carl Genrich, Chairman of
the Plan Commission, to summarize his report of January 2, 1974 ,
to the Village Board.
Mr. Genrich stated that Phoenix Construction has complied with
the requests of the Plan Commission and went on to say that
earlier Board decisions did grant the developer 1100 units
for the area around the golf course and the October 25, 1972,
Public Hearing was for 949 units and the Plan Commission did
get the developer to agree to a reduction to 913 units . The
current proposal is for 873 units . Mr. Genrich further stated
that the Plan Commission recommended the removal of a parking
structure in Parcel B and the developer has reduced the
density on Parcel C. Mr. Genrich stated that it was concluded
at the Plan Commission' s December 12, 1973 , meeting that
the developer come in under the new PUD amendment. This
position was changed however after the submission of an
opinion by Mr. Raysa which noted that this is not a new
request but modification of the request made originally more
than a year ago. Mr. Genrich informed the Board that on
December 14, 1973 , the Plan Commission moved the approval of
the developer' s proposal with a four to one vote. In closing
Mr. Genrich stated that the Plan Commission does recommend
acceptance of the revised zoning.
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Mr. Joe Settanni, Commissioner, Buffalo Grove Park District
read Resolution 74-1 urging the Village Board of Buffalo Grove
to acquire possession and administration of the Buffalo Grove Golf
Course and adjacent public and semi-public lands .
Mr. Armstrong asked for questions from the Board.
Trustee Rathjen asked what the development schedule would
be.
Mr. Wolf stated that Parcel A should be finished within two
to three years commencing this year, Parcel B within a five
year period and the last, Parcel C, one and a half years .
Trustee Shirley inquired as to the statement that the parcels
are being developed with the golf course in mind and he wonders
if it implies that it will always remain a golf course. He
asked if Mr. Siegel has some assurance that it will always be
a golf course. Mr. Siegel answered that Phoenix is not pur-
chasing the golf course and the present owners of this entire
parcel are sellers to the Phoenix Construction and will in
effect have an easement for these lakes as part of the drainage
program. He noted that he cannot develop without the lakes
L. on the golf course. Mr. Siegel stated that they have no way
to guarantee that the golf course will always remain a golf course .
He further stated that the basis for their plan is that the
Village will ultimately purchase the golf course. Mr. Siegel
said he was very pleased that the Park wants this to be acquired
also and feels if the Board grants zoning it will do so based
upon this remaining a golf course. Mr. Siegel stated that
fundamentally what we are discussing is the granting of zoning
with the continued existence of the golf course and feels that
is one of the conditions of the zoning.
Trustee Mahoney asked Mr. Siegel if his client has an agreement
with the owner of the golf course and subject adjacent parcels
that would provide for retaining the golf course as a golf
course if the requested zoning change was requested. Mr. Wolf
answered that their contract states only that they must main-
tain the reservoirs and have permanent easements . Mr. Seigel
further stated that Mr. Friedman said that the sale of the
golf course was tied with the zoning and our understanding
at all times has been that this golf course would be there
assuming the zoning is granted.
Further discussion followed with reference to the fact that
the original annexation agreement has expired and Mr. Friedman
can develop the course under the Village 's R-4 zoning classifica-
tion.
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Trustee Shirley noted that the tax impact study was somewhat
contradictory and lower than the one used in the presentation
tonight. Mr. Siegel answered that the study is approximately
11/2 years old. Trustee Shirley also inquired as to the con-
struction schedule for the retention basins . He noted, that
if this development was approved, that these basins be con-
structed during the off season and not interfere with the
seasonal golf play. Mr. Wolf agreed to this construction
provision.
Trustee Osmon asked if Phoenix would consider reducing their
four story units to three story units in Parcel B. Mr. Siegel
answered that by lowering the height it would spread the
development out and the whole plan is based on open space.
Trustee Osmon expressed concern as to the distance between
the single family detached and the four story. Mr. Joe Koenen,
Engineer for Phoenix, replied that it was approximately 31
city blocks.
Trustee Osmon inquired as to the developer' s contributions
and if it had been checked into by our staff. Bill Balling,
Administrative Assistant stated the figures have been checked
and are in compliance with Village Resolution 72-35.
Trustee Osmon inquired as to the donation of the 4 . 9 acre
L. parcel of land. Mr. Siegel answered that Phoenix did not
own this land but it would be donated by the owners of the
golf course in compensation for the obligation of Checker
Road improvements .
Trustee Osmon inquired as to the adequacy of the storm water
detention facilities . Mr. Koenen replied that they would be
in conformance with Village regulations which are greater than
the Metropolitan Sanitary District' s requirements . Mr. Koenen
further commented that some of the existing lakes would be
expanded to provide for the additional storm water runoff from
the parcels .
Trustee Osmon inquired as to the granting of easements for
emergency vehicles . Mr. Koenen replied that this would be
clarified when Phoenix goes back to the Plan Commission with
their final plan. Trustee Osmon also expressed concern that
we are involved in building too many locked in neighborhoods
with no intermingling of the people. Mr. Koenen replied that
pathways, bicycle walks, etc. would be provided where necessary.
Further discussion followed with reference to many of the
foregoing items that would be resolved after final approval
by the Plan Commission and the Village Board.
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�... Trustee Osmon inquired if Phoenix had met with the Park District
and resolved all details they may have in mind. It was noted
that the Park District had been present at at least six of the
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Plan Commission meetings . Mr. Siegel stated that Phoenix
has not as yet met with the Park District but will do so as
soon as a meeting can be arranged at the convenience of the
Park District.
Trustee Osmon questioned Mr. Siegel if it was represented
to him that the property value was more because of the
proximity to the golf course . Mr. Siegel stated there was
not by either party. Trustee Osmon requested that this be
part of the record.
Trustee Rech congratulated Phoenix for their patience and
understanding over the past one and a half years and inquired
as to the exhibits of the drainage easements. Mr. Siegel
answered that no documents were prepared until the property
is sold and understands that the contract to purchase will
contain a reference to these easements . After approval of
the zoning, these documents will be supplied.
Trustee Rech inquired as to the assessed valuation of
property in Buffalo Grove. Mr. Larson answered that it
depends on the type of classification, but in Cook County
multiple development falls within the 35 to 40% range as equal-
ized; and in Lake County it is in a 45 to 50% range as equal-
ized.
Trustee Shirley stated that last year the assessed valuation
in Buffalo Grove was roughly 55 percent.
Trustee Rech inquired if all the condominiums would be sold
for ownership and, if so, she had read where the assessed
valuation of condominiums was lower, ie . 25% as opposed to
40% . Mr. Larson stated that the state statutes provide all
properties be assessed equally.
Trustee Rech inquired of Mr. Raysa that if the property was
ever sold that the basic plan would be adhered to. Mr. Raysa
replied that this is stipulated in the site plan and in fact
would be adhered to.
Trustee Rech inquired of Mr. Koenen if he felt that the
golf course could be developed under our current Flood Plain
Ordinance. Mr. Koenen answered that of the 123 acres
approximately 30 or 40 acres could be developed into some
kind of development: i .e. west of Parcel C, on the periphery
of Parcel A and the general area of the existing driving
range.
Trustee Rech inquired as to the size of the Lake on the
upper portion by Checker Road. Mr. Koenen replied that it
would be one or two acres in surface area.
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Trustee Rech inquired as to the conformance of the developer
with regard to Village Ordinance 72-26 which governs storm
water detention in the Village. Mr. Seaberg answered that
since he wrote that ordinance he has no qualms about this
being done in accordance with Village regulations.
Trustee Rech inquired as to the rezoning voting requirements .
Mr. Raysa stated the vote would be majority of Board.
Trustee Osmon inquired if the Phoenix Development would share
the cost of the Checker Road sewer. Mr. Koenen stated that
it would be one of the covenants of the agreement.
The President declared a recess at 11: 10 P.M.
The Meeting resumed at 11: 30 P .M.
Mr. Larson informed the Board that Lake-Cook Road right of
way designated by the Cook County Highway Department is
through Parcel B south of the golf course. He stated further
that Cook County has contacted him to see if the Village
would obtain dedication of the right of way from the developers
so that the county could proceed with the road. Mr. Larson
asked Mr. Wolf if they would agree to the dedication of the
necessary right of way for this road. Mr. Wolf agreed and
I L... Mr. Larson stated that he would contact Mr. Stern of the Cook
County Highway Department for the required dedication.
Mr. Larson inquired regarding the construction of the sanitary
sewer along Checker Road, in particular the proposed sewer
easements along this parcel. Mr. Wolf agreed to grant these
easements. Mr. Larson further inquired if Phoenix would be
agreeable to extending the curbs and gutters of Old Checker
Road along their parcels thereby removing the gravel shoulders .
Mr. Koenen answered that this would be a matter of negotiation
with the new land owners of the golf course. Mr. Larson
inquired if there had been any discussions with the Plan
Commission relative to sidewalks along Lake-Cook Road, Old
Checker Road and Route 83 . Mr. Wolf answered that there
were and that they would build a group of walkways and trails
within Parcel B and try to interconnect a series of walks
within the cluster leading toward the golf course. Mr. Larson
stated that the Chesterfield developers will be constructing
sidewalks along Lake-Cook Road ending at Parcel B. It would
be logical to extend this sidewalk to the golf course. Mr.
Wolf indicated they would be willing to construct the sidewalk,
but that they felt that the Cook County Highway Department in
exchange for the right of way should construct the sidewalk
along the Lake-Cook Road parcel. The other walks will be
`- constructed by Phoenix.
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Mr. Larson made comment that when the Village annexed Levitt' s
L. property there was considerable discussion as to the route of
the sanitary sewer and Oater main. He further stated that the
sewer and water main installation should be a joint project so
that Levitt and Phoenix would use the same water and sewer
mains reducing the Village' s maintenance responsibility and
reducing duplication of utilities.
Mr. Larson inquired regarding the dedication of the private
streets in the Planned Development. He noted that the Village
is in a better position to maintain same and that these
homeowners are paying the same taxes as are residents living
in single family homes . They agreed to dedicate the streets
to the Village. He also inquired regarding the extension
of the loop street in the Route 83 parcel north to the pro-
posed collector street. They said they would construct a
street to their property limits which would then connect to
that collector road.
Trustee Driscoll arrived at this time - 11: 45 P .M.
Questions from the audience
Mr. Bob Bogart representing the Jaycees as Chairman of a
study committee addressed himself to the audience and read
a resolution to the Village Board wherein they recommended
�,.. to the Village Board a total of the proposed Phoenix
g rejectionP P
Development unless the builder meets the needs of the Village
and its residents. The Jaycees further stated they would like
to see further negotiations with the builder and owners of
the property, (1) the density should not exceed that which
has been established by other developers, (2) donations to
schools and parks should be as much as all other developers
and (3) golf course acquisition should be negotiated before
any zoning changes are granted.
li Mr. Guttman asked, that based on current trends to the buildings
that have been shown in the Golf Course Development, have they
found that condominium properties generally end up with a
separate homeowners ' association or would it be more apt to
have a grouping of them. Mr. Wolf answered that all the
buildings require management and that a separate condominium
association would control and manage each building or a group
of like buildings. There will be another condominium ownership
association for the townhouses and a third condominium organiza-
tion for the other types of condominium units . Mr. Wolf further
stated that there will be three associations to handle the
maintenance and management of the Development, one each for
Parcels A, B and C. Trustee Rech inquired if there would be a
phrase in the agreement that the three parcel homeowners '
association will share in the agreement regardless of circum-
stances. Mr. Koenen answered that each parcel management group
is definitely responsible for their own designated area.
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�-- Mr. Dalimer, citizen, expressed concern that these would be
rented instead of purchased. Mr. Wolf answered that it is
doubtful as renting them would be much too expensive and in
his past experiences this has not occurred.
Mr. Ray Mahoney asked what method would be used to purchase
the golf course . President Armstrong answered that there are
a number of financing avenues available, a revenue bond issue,
which at this point is not feasible; a general obligation
bond issue; or federal monies which might be available on a
matching basis. Mr. Mahoney further questioned as to whose
idea it was to purchase the golf course. President Armstrong
answered that basically it is a combination of the Board,
citizens of the community, Plan Commission and the Park
District desires . There is a community interest to purchase
the golf course to assure that it remain open space and remain
a golf course.
Mr. Ray Mahoney again posed the question why was Harold
Friedman permitted to owe the Village $55 , 000 for over two
years. President Armstrong stated that one of the reasons
behind this debt is that negotiations have been going on
for some two years and if in fact the zoning is denied one
of the conditions of the purchase of the golf course is the
6..0 significantly low interest rate, and Mr. Friedman may in fact
end up paying interest on that money.
Trustee Shirley stated that Mr. Friedman has denied that he
owes the money to the Village and he is not required to pay
same due to the fact that the original agreement has expired.
Trustee Shirley further stated that he feels if the negotia-
tions do not go through that Mr. Friedman will continue to
hold the position that he does not owe the Village any money.
Mr. Richard Heinrich expressed concern regarding the under-
ground facilities for the project if and when there would
be a major break in the system as to where the responsibility
lies for reparation of same. •
Father Duffy spoke to members of-the Village Board, anhopcd
they would act wisely in their decision of the rezoning
petition for the health and welfare of the citizens that
elected them into office.
Sven Madsen, 321 Springside Lane, expressed hope that the
Village Board please reject the change in zoning.
Carl Genrich, Chairman, Plan Commission, stated that perhaps
L. the Village Board should think of this project in terms of a
long range goal in mind for the Village and try to reach that
goal the best way you can.
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Trustee Rech stated her reasons for opposing the development:
1. There are undesirable densities that are not
�-- compatible with adjoining properties .
2 . The off-site retention facilities are provided
without easements being granted.
3 . There has been no documentation forwarded for
the Village' s acquisition of the Golf Course.
4. Proper and just recompense to the School and
Park District have not been provided.
Trustee Rathjen stated that if the fourth story could be
taken out and the number of units reduced to 849 , the plan
might be acceptable as far as he is concerned. Mr. Siegel
stated that he did not feel that the three four story units
would hurt the development in any way as it gives Phoenix
the additional 32 units they need to make the project feasible.
President Armstrong stated that if eliminating the fourth
story would be agreed to he feels that this concession would
make the rezoning more acceptable. Mr. Wolf stated they would
make this concession.
Mr. William Kiddie, Park District Commissioner, wished to
thank the Village Board for the last few years with regard
�... to all the assistance they have given the Park District and
also in trying to keep the golf course as it is.
Trustee Osmon stated the updating of codes and ordinances
has not been discussed at this point. Trustee Mahoney
answered that this would be an automatic compliance if the
zoning is granted. President Armstrong stated that if the
rezoning is approved the final ordinance that has to be
prepared would not be consumated until the agreement to
purchase the golf course is in order.
Trustee Mahoney stated that everyone here is completely aware
of the fact that the execution of the agreement between the
golf course owners and the Village is in addition to any
further action we will take on the zoning and this zoning
is clearly conditional upon our reaching an agreement with
the golf course owner and therefore the petitioner would
have no basis to rely whatever on the action we take tonight.
President Armstrong made comment that this audience was the
finest audience he has ever sat before during his five years
on the Village Board and expressed his gratitude for their
excellent conduct. He stated he would like to share his
feelings on this particular issue as he feels it has been
L. no secret that he has felt more strongly about this particular
issue than any that has faced him in the five years he has
served on the Village Board. He stated that he is totally
committed to saving the golf course forever more and eliminating
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any possible risk, however slight, that it would be developed
in any kind of residential development. President Armstrong
said he feels we have an outstanding opportunity to develop
one of the finest recreational complexes combined with
municipal services that any community could have. This
Village Board has considered the use of the five acres across
the street for possibly a site for a community center or a
site for a Public Works garage or additional recreation in
the form of indoor tennis or hockey or whatever the citizens
would determine as the best use. President Armstrong went
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on further to say that thought must be considered to what
may happen if in fact zoning is denied, as the previous Board
did grant publicly by motion to rezone the parcels around
the golf course as 1100 apartment units. It is possible
the courts could deny or grant the 1100 units . President
Armstrong strongly urged the Board to grant the zoning as
f J requested.
Trustee Mahoney made a motion to direct the Village Attorney
to prepare an ordinance granting the petitioner' s request
subject first to the clear condition that same not be pre-
sented to the Board for further action unless and until the
Village government shall have executed an agreement with
the owner for the purchase of the golf course and subject
to all the concessions and commitments made of record by
the petitioner at both of the public hearings , including
the undertaking to comply with our land donation Resolution
72-35 to their obligation to tie into the site as presented
to be tied in substantially in granting of the petition to
their commitments with respect to curbs and gutters on
Parcels B and C, removal of the fourth story on Parcel B,
and any all such other commitments . Trustee Rathjen seconded
the motion and a roll call vote found the following:
AYES: Trustees Rathjen, Mahoney, Driscoll
NAYES: Trustees Shirley, Osmon, Rech
The president voted Yes.
The motion carried.
A motion was made and seconded to adjourn the meeting.
Time: Approximately 1:12 A.M.
Respectfully submitted,
Clerk Pro em
.�� APPR• ED thi- day of ��!� 1974 .
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