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1970-03-02 - Village Board Regular Meeting - Minutes 1892 3/2/70 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, HELD MONDAY, MARCH 2nd, 1970, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS The President called the meeting to order at 8: 00 P.M. All present stood and recited the Pledge of Allegiance. The Clerk called the roll and the following were present: President Thompson; Trustees Felten, Gleeson, Thorud, Armstrong, Fabish, Cimaglio Also present were Richard Decker, Village Manager; Richard Raysa, Village Attorney; and Murvyn Sisson of Hattis Engineers, Village Engineers. 1. APPROVAL OF MINUTES OF FEBRUARY 16TH Trustee Cimaglio moved that the minutes of February 16th be approved as written. Trustee Thorud seconded the motion. Upon roll call, the vote was as follows: AYES: Trustees Thorud, Armstrong, Fabish, Cimaglio NAYS: None ABSTAIN: Trustees Felten, Gleeson The motion carried. 2. PLAN COMMISSION REPORT • President Thompson stated that the Plan Commission report is on their meeting and public hearing. He further stated that all information on the report will be handled under "Old Business" . The report is so noted. 3. LEGISLATIVE COMMITTEE REPORT ( President Thompson stated that the Legislative Committee report is on their meeting held on Tuesday, February 24th and action on the report will be taken under the heading of "Old Business" . The report is so noted. 4. $4 MILLION BOND ISSUE Mr. Brogan of Northern Securities Corporation then reported to the 1893 3/2/70 Board on the status of the sale of the $4 million bond issue . He was happy to report that the Bond Market had exceeded their expectations and feels that Buffalo Grove ' s bonds will be marketable very soon. He further stated that Mr. Channer of Julien Collins & Company will be at the next regular Board meeting . 5 . DEDICATION OF MUNICIPAL BUILDING President Thompson then announced that the dedication of the Municipal Building would take place on Saturday, March 7 , 1970, at 2 P.M. and an Open House would follow the dedication. The President read a letter which had been written inviting all the citizens of the municipality to the dedication. 6 . BOARD OF HEALTH MINUTES Trustee Thorud stated that he would like the minutes of the regular meeting of the Board of Health entered into the record. Mr . Decker stated that Trustee Thorud had received a copy of these minutes as he was a member of the board but that the rest of the Board of Trustees had not received a copy. He further stated that he would distribute copies of these minutes to the Trustees so that they would be entered into the record. OLD BUSINESS 7 . PLAN COMMISSION REPORT -- RICHARD J. BROWN ASSOCIATES CONDOMINIUM PROJECT President Thompson stated that the Board has before it the information relative to the Public Hearing held by the Plan Commission on the condominium project of Richard J. Brown Associates . The President then had the Clerk poll the Board as to whether they had attended the hearing, listened to the tape of the hearing in its ' entirety and had read all the exhibits and evidence presented. The following is the results of that poll: Trustee Felten stated that he was not present at the Public Hearing nor did he hear the tape; however, he stated he does have the documents . Trustee Gleeson stated he was not present at the Public Hearing but reviewed the tape of the hearing and reviewed all the documents with the exception of the minority report from the Plan Commission. Trustee Thorud stated that he was present at the Public Hearing. 1894 3/2/70 Trustee Armstrong stated that he was present at the Public Hearing. Trustee Fabish stated that he was present at the Hearing and at the other two hearings preceding that one and had reviewed the financial studies. Trustee Cimaglio stated that he was not at the Public Hearing but is in receipt of the minutes and those letters presented by various citizens and is in receipt of the minority report from the Plan Commission. He further stated that he had heard the tape of the hearing. President Thompson stated that he was in receipt of all communications of the hearing; receipt of the minority report; and had listened to the tape of the meeting. President Thompson stated that he wanted the above pointed out so that everyone would be aware that the Board was knowledgable of the facts and that the Board had listened to what happened at the Public Hearing. Mr. Brown then appeared before the Board and reviewed the background leading up to the proposed project. He stated that his architect would present some slides of the project and his engineer will clarify some of the engineering points. Mr. Balsalmo, Architect for the project, then showed the slides of the project and explained them. Upon a query by Trustee Fabish, Mr. Balsalmo stated that the four story buildings would vary in height from 51 feet to 57 feet. Discussion followed on the slides. Mr. Brown stated that he would be willing to make the six story building on the west side of the lot into an eight story building and make the six story building at the eastern most portion into a four story building if this would be the desire of the Board. President Thompson stated that he would ask Attorney Raysa ' s opinion reference changing the plan when he returns to the meeting but at the present time the present proposed plan should be discussed. Discussion followed. Mr. Roger Patzer of Applied Engineering then explained some of the engineering for the project. President Thompson them went into some of the facets of the water and sewer systems and storm water drainage and explained the revenue 1895 3/2/70 bond issue which the Village is attempting to sell to finance the cost of acquiring the Buffalo Utility Company and expand the municipal facilities. 1 In response to a query by Trustee Fabish, Mr. Sisson stated that they have looked over the plan in general but have not gone into specific details. He further stated that the size of the lake has been specified by court order. He stated that engineeringwise they can' t see that there will be any great problems. Attorney Raysa pointed out that once the option contract with the Buffalo Utility Company is signed all plans must be presented to the municipality for approval. Discussion followed. President Thompson then asked Attorney Raysa if the Board has the ability to consider changing one of the six story buildings into an eight story building. The Attorney advised that he feels this can be considered and then further outlined the duties of the Plan Commission and the Board in relation to the changing of the zoning ordinance. Mr. Walker of the Cambridge Civic Association then presented himself to the Board. His remarks were related to the water improvements and storm water drainage. He stated that the way he understood the revenue bond issue, it was partially predicated on Mr. Brown' s development and regardless of who owns the water system, if Mr. Brown ' s project does not proceed then the present customers are going to have to live with the water problems as they now exist. He stated that the drainage area serviced by the two and one half acre pond substantially services a runoff area of seventy acres and he questions if the land around the proposed buildings is somewhat raised above grade would the drainage from adjacent lots be sufficient. President Thompson stated that the Village has made the Bond issue as large as it is because they realized that there is a great deal lacking in the service of the Utility Company and that they are in the process of trying to ease the situation somewhat through an option agreement contract with the Buffalo Utility Company prior to its ' purchase wherein cross ties to the municipal wells with the Buffalo Utility Company will be made in an attempt to reach some balance of accord. He further stated that municipal well #2 should be under construction for completion within the next thirty days. He stated that as far as the sewers were concerned the Village is striving for the sealing of the system to eliminate infiltration. The President further stated that if the Village does not sell the bond issue the problems cannot be relieved to their full extent. He 1896 3/2/70 stated that unless the Utility does increase its ' water supply and pressure, the Illinois Water Board will not issue permits for the condominiums. Mr. Sisson then presented a drawing of the Cambridge area drainage and explained the proposed plans. Discussion followed. Mr. Harvey Cohen went into the history of the project and stated that when the Y-shaped buildings were granted in October, 1968 no mailed notices were sent out in accordance with the zoning ordinance amend- ment. He stated that he had raised the fact of the amendment to the zoning ordinance at the public hearing on the project in January. He further stated that the recent public hearing was invalid because they were not given the right to cross examine and that every question asked was referred to the Chairman, Wallace Berth, and he then re- phrased the question to the witness. He stated that the residents present were unable to testify. He stated that he would grant that the Cambridge Civic Association and Mr. Brown were given a hearing. He stated that the brown folder presented at this meeting was never presented at the Public Hearing and that in that folder is a report which states that there will be no grade school children and only 27 high school children in the 512 units of this development. Mr. Cohen stated that he would say that statement is suspect. Mr. Cohen stated he thinks there is going to be a serious depreciation of abutting property and that must be kept in mind. He stated that he believes Mr. Berth should have called a continuance when some questions were raised as to ordinance which were not complied with and that Mr. Raysa should have researched the questions rather than giving an "off the cuff" opinion. He stated that a petition containing over 400 signatures was presented and that this is well in excess of 20% which is necessary to make any passage of this amendment be done with a 2/3 majority of the vote of the Trustees. M . Cohen stated that they received a letter from the Strathmore Homeowners Association asking for a moratorium and that they asked for a cease and desist of any building in the Village for a period of one year. Mr. Cohen stated that the Plan Commission which recommended approval of Mr. Brown' s proposal sent a proposal to the Board of Trustees stating that they would like to see a height limitation on R-9 zoning which would not have allowed these buildings. He further stated that Mr. Brown had stated that he would, under no conditions, build the Y-shaped buildings and his failure to receive approval for the condo- miniums would leave that land unbuilt. Mr. Cohen asked that the Board turn the project down. President Thompson then declared a recess. The President called the meeting back to order at 9:40 P.M. 1897 3/2/70 Attorney Raysa stated that his feeling is that anything that Mr. Cohen had said with respect to Mr. Brown' s request for amendment is redundant. He further stated that the only question is shall you or shall you not grant the amendment as presented or any variations you may want to make within its scope. He stated that this is a completely new application and has nothing to do with prior action of the Board. Mr. Raysa stated that he agrees that a 2/3 vote is required if a petition is signed with an excess of 20% but that that petition must be acknowledged. He stated that Mr. Cohen has stated he feels somebody was slighted because they did not have the opportunity to cross examine a witness and that there is nothing that says a Plan Commission has to swear in witnesses or give the right for cross examination; nothing that says how the hearing is to be conducted. He stated that it is his own feeling that Mr. Berth is unusually patient and gave everyone the opportunity to be heard. Mr. Murphy, Attorney for Richard Brown, stated that he concurs in the statements made by Mr. Raysa. He then briefly discussed zoning. President Thompson asked Mr. Brown if it would be feasible to move the location of the six story buildings bringing them along Dundee Road rather than at the other end of the project. Mr. Brown stated that they had studied this very carefully and that they had been able to move one of the buildings but to move the other six story building would require a change in the land plan, grading, etc. He stated that changing one of the six stories to a four story building to make one eight story building is feasible. Discussion then followed on the term "precedence" and its ' meaning. In response to a query by Trustee Armstrong, Mr. Brown stated that the entire perimeter will be fence but that the exact height and material to be used has not been decided, it will be either five or six feet high and the type that cannot be seen through. Trustee Armstrong stated he would personally like to ask that Mr. Brown consider a six foot fence. Mr. Brown stated that they will con- sider that possibility. Mr. Leo Anderson of 986 Cambridge Drive stated that he has been in on the opposition of this project from the beginning and thinks the major objection is to the fact that they do not want six story buildings abutting very closely on their property. He stated that they were also concerned about the drainage and water supply. He stated that what he would recommend is that when the Board considers this project they make the switch that Mr. Brown has suggested and put an eight story building at the western end of the project. 1898 3/2/70 Mr. Ronald Broadhead of 415 Sussex Court asked if the Board had had presented to them a plan showing the elevation of this project in accurate scale placed in context with the present Cambridge development. He asked if the Board had not seen such a plan how they could make a judgment. He stated he would like to know by what ordinances children were going to be limited in the development. He stated that there is no back exit to this development and therefore, there would be from 550 to 1 ,000 cars feeding onto Dundee Road. He discussed the project some more and then stated that he would like to see it put into con- text with the rest of the development and suggested that the Board hold another hearing to have that done. Mr. Gerald Palmer of 480mBurnt Ember Lane then presented himself to the Board and questioned the adequacy of the parking space. Mr. Balsalmo stated that they planned the development for two automobiles for each family. Discussion then followed on Mr. Palmer' s observations re planning for condominiums. Mr. W. J. Jaster of 8 Charles. Court stated that representations were made for Mr. Brown by a myriad of people and that they bought in the development with the express understanding that there would be com- patible construction on the property in question. He stated that this would cost the Cambridge homeowner some money and asked the Board to please think of what they will be doing to the homeowners. Mr. Kenneth Dion a member of the Cambridge group, discussed a city where he had previously lived where there was not sufficient planning. He stated that he would like to second a recommendation brought out that the heights of buildings be restricted. He stated that the Board of Trustees did not elect to approve this restriction when it was pre- sented to them and asked why they didn' t make public their reasons for not making such an amendment. He stated that he believes the Village ought to get its ' house in order, get the sewer and water problems straightened out before proceeding. Upon a request by President Thompson, Mr. Decker then made some observations on the project and stated that it is strictly a policy question has nothing to do with the revenues, only to do with the orderly development of the Village. He stated that if it is the Board' s opinion that the second presentation is better than the first one or vice versa than that ;'.is their decision. The President then gave his feelings on the project and stated that he hoped that whatever is decided by the Board is decided by taking into consideration the future of the Village and to continue to provide as much service to its ' citizens as it possibly can. After questioning 1899 3/2/70 the Attorney as to procedure, President Thompson then asked for a poll of the Board to ask whether or not they would think in terms of an eight story building. Trustee Armstrong stated "yes" he would consider such a proposal and the other Trustees all stated that they would not make such a consideration. Trustee Armstrong stated that he would like to go back to his question of changing the one six story building between homes up to Dundee Road and stated that in light of the whole project this would seem to be a relatively simply thing to do. He stated he would much prefer that the two six story buildings be as far away as possible from the residential area. Discussion followed. Mr. Brown stated that there is a complicated engineering plan in connection with the project and he doesn' t think that further study would bring a different answer as to moving the other six story building than what was found before. He further stated that the time element is crucial to them, the committment they have for the project dates back a number of months and if it isn' t started quite soon and the first building completed by a certain date that they would lose the financing. He stated that the reason for changing from the Y-shaped building was primarily the need for the larger lake. Upon a query from Trustee Cimaglio, Mr. Balsalmo stated that the four story buildings would be from 53 feet to 57 feet high and the six story buildings from 71 feet to 75 feet high. Discussion followed. Mr. Sisson of Hattis Engineers, discussed the grade elevations with relation to surrounding area. Mr. Stanley Haarr of the Plan Commission stated that they have done some research as far as the eight story building is concerned and that according to the Village ordinance that building would have to be set back 125 feet from the lot line and right now it is only set back about 62 feet and that a variation of only 33 1/3% is allowable under the ordinance. Discussion followed. President Thompson asked that the Attorney research the zoning ordinance as far as set back rules for an eight story building. The President then declared a recess. The meeting was called back to order at 11: 35 P.M. 1900 3/2/70 Mr. Raysa stated that this is a planned development under R-9 zoning and there are no requirements for a front yard specifically spelled out -- it states that the requirements are the same as for R-6 zoning and under R-6 zoning it states that in no case should a front yard of 50 feet be required. President Thompson stated that it would then be within the realm of the zoning ordinance to accept the 62 foot set back as proposed on the front yardof the eight story building. Discussion followed. President Thompson then asked for a poll of the Board as to whether they would prefer to consider an eight story building or the project as presented. The poll revealed that Trustee Armstrong was in favor of the eight story building but the other Trustees all felt that the presented project should be considered. Trustee Thorud stated that he feels that he cannot serve alone any organization such as the Cambridge Civic Association or the Strathmore Homeowners Association, he is legally and morally obligated to serve all the people. Trustee Thorud then moved for approval of the Richard J. Brown Associates petition with attached exhibits AA, BB and CC. Trustee Gleeson seconded the motion. Upon a recommendation of Trustee Cimaglio, Trustee Thorud amended his motion that the maximum height figures would be 57 feet for the four story building and 75 feet for the six story building. Trustee Gleeson amended the second. Discussion followed. Upon a recommendation by Trustee Gleeson, Trustee Thorud amended his motion to have no occupancies of any of the buildings until the water improvements are completed. Trustee Gleeson amended his second. Upon roll call, the vote was as follows: AYES: Trustees Felten, Gleeson, Thorud, Fabish, Cimaglio NAYS: Trustee Armstrong The motion carried. Trustee Gleeson moved that the Village Attorney be directed to draw up the amending ordinance to the zoning ordinance to grant approval for this planned development. Trustee Cimaglio seconded the motion. Upon rollcall, the vote was as follows: AYES: Trustees Felten, Gleeson, Thorud, Fabish, Cimaglio NAYS: Trustee Armstrong The motion carried. 1901 3/2/70 8. LAKE COOK ROAD President Thompson then read a draft of a letter he had prepared to be sent to Mr. Cots of the Cook County Department of Highways. Trustee Cimaglio moved that the Board direct the President to have the letter retyped and for him to sign the letter on Lake Cook road and transmit it to Mr. Cots. Trustee Gleeson seconded the motion. Discussion followed. LI Upon roll call, the vote was as follows: AYES: Trustees Gleeson, Thorud, Armstrong, Cimaglio NAYS: Trustees Felten, Fabish The motion carried. 9. LEGISLATIVE COMMITTEE REPORT Trustee Armstrong moved to table action on the Legislative Committee report. Trustee Thorud seconded the motion and it carried unanimously. 10. LETTER OF COMMENDATION RECEIVED BY POLICE DEPARTMENT Upon a request by Mr. Decker, President Thompson then read two letters of commendation received by the Police Department. The first letter (Doc. #70-6) was received from the Village of Wheeling commending the action of Officer John Crimmins. The second letter (Doc. #70-7) was from Mr. & Mrs. Ronald Enck commending the action of Officer Richard Ball. Mr. Decker commented on the fact that the Chief of the Wheeling Police Department was not cognizant of the fact that some of Buffalo Grove ' s firemen also stopped at the accident mentioned and administered first aid. 11. ADJOURNMENT Trustee Armstrong moved to adjourn the meeting. Trustee Felten l / seconded the motion and it carried unanimously. Village lerk Approximately 12: 02 A.M. APPROVED THIS / ``-'—� DAY OF �" i , 1970 . �v y� 7i/U-<<-C i % s ! Village sident