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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. 2977 1/14/74 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. 2978 1/14/74 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 2979 1/14/74 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. L. 2980 1/14/74 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. L. 2981 1/14/74 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. } �... 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 2982 1/14/74 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. 2983 1/14/74 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. i I i { %Im.. 2984 1/14/74 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. i' I i I i i i 2985 1/14/74 �-- 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. CORRECTED 2986 1/14/74 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 2986 a 1/14/74 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 ii L. Li 2987 1/14/74 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 . I jAir f 111 mkt 01, / L1ii%/`►mil V. 1 . -e Preside � I .... �� I .__. I -.. �f�I i i i i