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1977-03-21 - Village Board Regular Meeting - Minutes 4893 3/21/77 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, MARCH 21 , 1977, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS. In the absence of President Fabish, the Clerk called the meeting to order at 8:05 P.M. Those present stood and pledged allegiance to the Flag. The Clerk called the roll and found the following: PRESENT: Trustees Mahoney, Rech, Driscoll , Bogart, Marienthal Trustee Carroll arrived at 8:08 p.m. and President Fabish at 9: 30 p.m. Also present were Richard Glueckert, Acting Village Manager; William Raysa and Richard Raysa, Village Attorney; Charles McCoy, Director of Public Works; and William Sommer, Administrative Assistant. 1 . President Pro Tem Moved by Marienthal , seconded by Bogart to appoint Trustee Mahoney President Pro Tem in President Fabish 's absence. Upon voice vote, the motion passed unanimously. 2. Minutes of March 14, 1977 Moved by Rech, seconded by Driscoll to approve the minutes of the regular meeting held March 14, 1977, as published. Upon roll call , the vote was : AYES: 3 - Mahoney, Rech, Driscoll NAYES: 0 - None ABSTAIN : Bogart, Marienthal ABSENT: 1 - Carroll Motion defeated. Moved by Rech , seconded by Driscoll to table consideration of the minutes of March 14, 1977 until later in the meeting. Upon roll call , the vote was: AYES: 5 - Mahoney, Rech, Driscoll , Bogart , Marienthal NAYES: 0 - None ABSENT: 1 - Carroll Motion declared carried. 3. Warrant #356 President Pro Tem Mahoney presented Warrant #356, in the amount of $116,882. 11 . Trustee Carroll arrived during the presentation. Moved by Bogart, seconded by Rech to approve Warrant #356 as presented. Upon roll call , the vote was: AYES: 4 - Rech, Driscoll , Bogart, Carroll NAYES: 2 - Mahoney, Marienthal Motion declared carried. 4894 3/21/77 4. Minutes of March 14, 1977 Moved by Rech, seconded by Carroll to remove from table consideration of the minutes of March 14, 1977. Upon roll call , the motion passed unanimously. Moved by Rech, seconded by Driscoll to approve the minutes of the regular meeting held March 14, 1977 as published. Upon roll call , the vote was: AYES: 4 - Mahoney, Rech, Driscoll , Carroll NAYES: 0 - None ABSTAIN: 2 - Bogart, Marienthal Motion declared carried. 5. President 's Report Frank/Balsamo Property President Pro Tem Mahoney read a letter, dated March 21 , 1977 from Albert Frank transmitting checks, in the amount of $20,000, payable to the Village for the use and benefit of the Park District. This donation meets the require- ments of Ordinance #77-9 approving the Frank/Balsamo PUD. 6. Village Manager's Report The Board noted the Summary of Administrative Activities for the month of February 1977. 7. Questions from the Audience There were no questions from the audience. 8. COMMITTEE OF THE WHOLE Zoning Map President Pro Tem Mahoney noted that the Plan Commission unanimously recommended approval of the Official Zoning Map with the stipulation that the underlying zoning is put on the park by Grand Spaulding and that the status of the Chester- field property is checked and changed on the map, if necessary. Moved by Rech, seconded by Marienthal to approve the Official Zoning Map as presented with the exception of changing the underlying zoning of the park site next to Grand Spaulding Dodge to R-1 and subject to the Village Attorney's review. Upon roll call , the vote was : AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Elston Builders Thomas Strey of Koenig and Strey Investment Properties , Incorporated, was present to request final plat of subdivision approval for their property located at the southwest intersection of Old Buffalo Grove Road and Dundee 4895 3/21/77 Road. This property has been referred to in the past as the Elston Builders property, but now will be called The Country Court. He introduced Ronald Dahlquist , architect, and Weldon Cook, builder. In response to a question from Trustee Marienthal , Mr. Dahlquist stated that they still plan to store storm water in the parking lot. President Pro Tem Mahoney noted that the Plan Commission and Appearance Control Commission unanimously recommend approval of the final plat. Moved by Bogart, seconded by Marienthal to approve the final plat of subdivision for The Country Court subject to conditions listed in Carl Rapp's memo dated March 21 , 1977, and with the Plan Commission 's marked Exhibit 915-6. In response to a question from Trustee Carroll , Mr. Dahlquist stated that the landscape plan and building plan approved by the Appearance Control Commission are made a part of this approval . In response to a question from Trustee Rech, Mr. Dahlquist stated that some change was made to the parking area at the suggestion of Mr. Rapp. Mr. Dahlquist presented a check, in the amount of $4,081 .39, for engineering fees. Upon roll call , the vote was: AYES: 5 - Mahoney, Driscoll , Bogart , Carroll , Marienthal NAPES: 1 - Rech Motion declared carried. Trustee Rech said her negative vote was because of the storm water retention in the parking lot. Strathmore Grove Park Site Moved by Rech, seconded by Bogart to remove from table consideration of dis- position of the Levitt donation of $4,300 for the Strathmore Grove park site. Upon voice vote, the motion passed unanimously. Trustee Rech stated that at the last meeting, there was some discussion about using part of the donation for landscaping and part for the bicycle path. She asked if the bike path could be 4' wide instead of 8' so that both items could be done. Plan Commissioner Mel Kandel and Mr. McCoy both felt the bike path must be 8' . Ed Whalin, owner of Sassy Acres , offered to donate 1 ,000 feet of pine trees and some hardwood trees if the Village would provide the labor to transplant them. Moved by Rech, seconded by Bogart to table consideration of disposition of the Levitt donation of $4,300 for the Strathmore Grove park site, direct Mr. McCoy to investigate the expense and practicability of removing the trees, contact Mr. Whalin , and report back to the Board at next week's meeting. Upon roll call , the vote was: i, i i I I I �I I I �I '1 i 4896 3/21/77 AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. Well #6 and Reservoir President Pro Tem Mahoney read the installment purchase contract, dated March 17, 1977, between the Village, 111 E. Chestnut Corporation , and Centex Homes of Illinois, Inc. for the financing and construction of a water well and reservoir system in the Ridgewood Subdivision. Richard Raysa reviewed changes made to the contract since the last review. During the lengthy discussion , the following items of concern were mentioned: 1 . Paragraph 13 - Mr. Raysa did not feel the Village should be required to provide insurance during the period of construction. 2. Paragraph 15 a) ( i) - the word "user" was stricken 3. Paragraph 16 - Mr. Raysa felt that Hawthorn or some subsequent purchaser would sue the Village; however, he noted that Paragraph 21 completely indemnifies the Village by Centex. Michael Morrison, attorney representing Centex, stated that indemnification by 111 East Chestnut Corporation is more than adequate. 4. Paragraph 23 a) , line 7 - "Centex" changed to "Village" 5. Paragraph 23 a) - Mr. Raysa stated that the Village does not have to make any of the guarantees. Mr. Morrison stated that since Centex owns only part of the property covered under the Hawthorn annexation agree- ment, Centex is obligated only to pick up 34% of the requirements of the water agreement. Mr. Raysa was concerned with the effect on the Village if Centex should default. It was suggested that Mr. Raysa be involved in preparing the bid documents with regard to preparing a section stating the Village would have the right to stop work at any given time, and material would be paid up to that point. Mr. McCoy noted that the Village is not obligated to pay Centex until the well and reservoir system is complete. President Fabish arrived at this time. For discussion purposes, it was moved by Mahoney, seconded by Bogart to enter into the installment purchase contract with Centex and 111 E. Chestnut Corpora- tion subject to the 2 modifications mentioned (Paragraphs 15 and 23) . After discussion regarding cost of insurance, President Fabish polled the Board, "Yes" indicating favor of the contract unless there is a problem with insurance, and "No" indicating opposition. The poll found the following: YES: 3 - Mahoney, Driscoll , Bogart NO: 3 - Rech, Carroll , Marienthal Trustee Carroll stated that she was concerned about the 34% indemnity. 4897 3/21/77 Trustee Marienthal voted no until receipt of a written statement regarding 111 E. Chestnut Corporation 's solvency. President Fabish abstained because he had not been present for most of the discussion. In response to a question from Trustee Rech, Mr. Raysa stated that if the well is not constructed, other developers will not have a course of action against the Village. Trustee Rech did not like the contract because it obligates the Village over and above the original agreement and the interest rate has increased from 6% to 9%. She felt it would be better not to enter into this agreement , and the Village do their own negotiating with regard to the well . Trustee Mahoney felt that the Board 's main concerns at this point are 1 ) cost of insurance and 2) the limitation of liability to 34% of the total cost of the well . Mr. Morrison said that he would ask Centex to submit documents that would satisfy the Village's concern regarding their ability to back up the indemnification in the event the Village is sued by a third party. Moved by Mahoney, seconded by Driscoll to table consideration of the contract for one week. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. Horatio Boulevard/Plat of Dedication Moved by Mahoney, seconded by Driscoll to table consideration of the Horatio Boulevard plat of dedication. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAPES: 0 - None Motion declared carried. In response to a question from Mr. Raysa, Robert Fogerty of Centex Homes stated that this plat of dedication covers that portion of Horatio Boulevard that is located on property owned by Hawthorn. Resolution #77-21 President Fabish read Resolution #77-21 , a M.F.T. resolution to finalize the reconstruction of Arlington Heights Road between Dundee and Lake-Cook Roads. Moved by Marienthal , seconded by Mahoney to approve Resolution #77-21 . Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NAPES: 0 - None Motion declared carried. 4898 3/21/77 Northwest Municipal Conference President Fabish reviewed an invoice, in the amount of $2,208, dated March 8, 1977, from the Northwest Municipal Conference for membership dues for FY77. Moved by Mahoney, seconded by Driscoll to approve payment of the invoice. President Fabish reviewed the many projects that the conference has been working on. He said the increase mainly will cover staffing. He recommended membership. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 1977-78 Budget Upon review, the first draft of the revenue portion of the budget for next fiscal year was accepted. Golf Club Food and Bar Lease The Board reviewed a memo, dated March 17, 1977, from Mr. McCoy, Mr. Molinaro, and Mr. Glueckert (ad hoc committee appointed last week) recommending the lease for the golf club food and bar operation be given to Gerry's Deli . In reviewing Mr. Geffen 's (Gerry's Deli) proposal , it was unclear if he agreed to pay 7% of gross annual taxable receipts from the beginning of the lease or after 2 years. Mr. Glueckert was instructed to contact Mr. Geffen to clarify this. Moved by Mahoney, seconded by Marienthal to enter into the lease agreement with Gerry's Deli who were recommended by the staff. Trustee Marienthal said his second was conditioned on receiving a financial statement within 30 days. Trustee Bogart noted that the lease states the Village will replace the carpeting. He felt that this should be done, but the funds are not available at this time. Trustee Rech reviewed a position paper, dated March 14, 1977, from the Golf Course Information Committee strongly suggesting that the Village not spend money from the Golf Course revenues for chairs and carpeting because the fund cannot afford it at this time. She noted that the Village does not have title to the golf course nor have they consumated the agreement with Allstate yet; therefore, she did not feel the lease should extend beyond the 3 years remaining on the lease purchase agreement with Mr. Friedman. After discussion, it was decided to remove from the lease any reference to carpeting. President Fabish polled the Board, "Yes" indicating favor of Gerry's Deli as lessee of the food and bar area and "No" indicating opposition . The poll found the following: 4899 3/21/77 YES: 6 - Mahoney, Rech, Driscoll , Bogart , Carroll , Marienthal NO: 0 - None At this time the Board reviewed in detail the draft of the lease. William Raysa proposed changes and additions which were accepted by the Board. Discussion took place regarding fire and extended coverage insurance. Mr. Glueckert was asked to contact the Village's insurance agent to determine the cost of same. In response to a question , Richard Raysa said that the purchase of the golf course has not been consumated because Mr. Friedman , present owner, is in Australia. It will be completed when he returns on April 1 , 1977. Moved by Mahoney, seconded by Rech to direct the Village Attorney to prepare the lease in final form in accordance with his comments and subject to comments of record and to have it executed by the appropriate persons. Upon roll call , the vote was: AYES: 6 - Mahoney, Rech, Driscoll , Bogart, Carroll , Marienthal NAYES: 0 - None Motion declared carried. 9. Board Comments Village of Wheeling Mr. Raysa stated that John Burke, Village Attorney for Wheeling, has requested a meeting to discuss the possibility of Buffalo Grove relinquishing their sphere of influence (contained in an agreement with Lake County) for certain areas that they are considering annexing. He suggested that a committee (Village Manager, Village Attorney, and a Trustee) be appointed to negotiate this matter. President Fabish said this would be done after the results of the Wheeling Park District referendum to purchase the Chevy Chase Golf Course are determined. Zale Law Suit Mr. Raysa announced that Zale is redesigning the entire drainage system for their Wheeling development which should eliminate the University Court drainage problem. Golf Course Finances In response to a question from Joe Sloat, 602 Maple, Trustee Rech explained that taxes levied in one year are not paid until the following year which is the reason the golf fund will be so limited until May of 1978. Buffalo Grove Days Trustee Bogart announced that John Marienthal has agreed to be Parade Chairman for the 1977 Buffalo Grove Days. 4900 3/21/77 10. Adjournment Moved by Mahoney, seconded by Carroll to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 11 :40 P.M. Respectfully submitted, Verna L. � �Clayton , Villa Clerk Y PASSED AND APPROVED this oZ g day of , 1977. II It4rx,& �/ G Vi age President I '