1975-05-27 - Village Board Regular Meeting - Minutes 4227
5/27/75
MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD TUESDAY,
MAY 27, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE,
ILLINOIS.
In the absence of the President, the Clerk called the meeting to order at
approximately 8:05 P.M. Those present stood and recited the Pledge of
Allegiance to the Flag. The Clerk called the roll and found the following:
PRESENT: Trustees Mahoney, Rech, Driscoll , Bogart , Berth, Marienthal .
President Fabish arrived at 8: 10 P.M.
Also present were Daniel Larson, Village Manager; Richard Raysa, Village
Attorney; Arnold Seaberg, Village Engineer; Charles McCoy, Director of
Public Works; and William Balling, Administrative Assistant.
Trustee Berth moved that in the absence of President Fabish, Trustee Mahoney
act as President Pro Tem. Trustee Driscoll seconded the motion, and upon a
voice vote, the motion passed unanimously.
1 . Minutes of May 19, 1975
Trustee Driscoll moved to approve the minutes of May 19, 1975, as submitted.
Trustee Rech seconded the motion.
Trustee Berth requested that the following sentence be incorporated into
the last paragraph on page 4222: "Trustee Berth stated that we are trying to
upgrade the image of Buffalo Grove and she strongly objected to the fact that
one of our developers does not want to be associated with us."
Trustee Berth requested that, on page 4223 under Winston Square, paragraph 3
include Mr. Hamning 's remarks about redesigning the single family homes and his
statement regarding the current ones not selling as his reason.
The Clerk called the roll and found the following:
AYES: Trustees Mahoney, Rech , Driscoll , Bogart, Berth, Marienthal
NAPES: None
The motion carried with changes noted.
2. Buffalo Grove Days
Ken Witcher presented the 1975 Buffalo Grove Days budget which showed a total
expense of $16,925, a total income of $18,450, and a net profit of $1 ,850.
President Fabish arrived during the presentation.
Trustee Bogart stated that it is a realistic budget and moved the 1975 Buffalo
Grove Days budget be approved. Trustee Rech seconded the motion, and a roll
call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Berth, Marienthal
NAPES: None
The motion carried.
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5/2 7/75
Mr. Witcher requested that a poster advertising the circus be placed in
Village Hall , that circus tickets be sold at Village Hall , and that fliers
advertising the circus be inserted with the next newsletter. Trustee Driscoll
stated that he hoped to mail the next newsletter by June 13, 1975.
3. President 's Report
Garbage Pick Up
President Fabish apologized for arriving late and stated that it was because
of many phone calls due to garbage pick up. He explained that because of the
holiday on Monday, the disposal company will not be caught up to their regular
schedule until later in the week. He stated that the disposal company will be
requesting that holiday pick ups be eliminated.
Plan Commission/Appointments
Upon the recommendation of the Plan Commission, President Fabish reappointed
Stan Haarr and Howard Mendenhall to the Plan Commission for one year terms.
Trustee Rech moved to concur with the President's appointments. Trustee Berth
seconded the motion, and a roll call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Berth, Marienthal
NAPES: None
The motion carried.
Committee to Create an Industrial Development Commission
President Fabish reviewed a memo dated May 22, 1975, from Michael Kearns ,
Chairman of the Committee to Create an industrial Development Commission,
requesting direction to develop an Ordinance to create an Industrial Develop-
ment Commission for Board review and approval ; to review resumes, interview
prospective members , and recommend Commission appointments to the Board; and
to dissolve the Committee when these tasks are accomplished.
Trustee Driscoll moved to approve Mr. Kearns ' requests. Trustee Berth
seconded the motion. After discussion, a roll call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Berth, Marienthal
NAPES: None
The motion carried.
4. COMMITTEE OF THE WHOLE
Dundee Road Sanitary Sewer and Water Maine
Mr. Larson stated that per last week's meeting, Mr. Ryan , attorney for the
Wheeling Rural Fire Protection District, has drafted an arbitration agreement,
but that Mr. Raysa has requested some changes.
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5/2 7/75
Mr. Raysa felt that the agreement should contain a statement that the arbitrator
must take into consideration that the annexation agreements of the property
owners state that sewer and water must be brought to the property at the cost
of the property owner and that in no way will the owners be absolved from that
agreement. He also questioned if the five parties could agree on an arbitrator.
He stated that he would want the arbitrator to take into consideration only
the public benefit that the Village might derive from this project , exclusive
of that which is required of the property owners per their annexation agree-
ments.
Trustee Rech did not feel the Village should be included in the arbitration
because the portion of the project being paid by the Village is not in the
area to be shared by the property owners. President Fabish agreed and stated
that the Village is extending the main westward of the property involved to
loop the water system.
Gary St. John of Kingswood Church stated that if the Village were not going
to extend the main, a 10" line would not berequired; therefore, he felt a
portion of the project is for public benefit. Trustee Rech asked if the land
owners would be able to recapture some of their costs as land west of them
develops. Mr. Seaberg stated that it would depend on the wording of the
Recoupment Ordinance.
Trustee Mahoney moved to remove from table consideration of bids on the Dundee
Road sanitary sewer and water mains. Trustee Bogart seconded the motion, and
upon a voice vote, the motion passed unanimously.
Trustee Mahoney asked if all major bidders were amenable to extending their
bids. Mr. Larson stated that the Village received a three week extension from
the four low bidders , but if the matter is not resolved this evening, an
additional one week extension will be requested.
Trustee Mahoney felt that the Village is in no position to accept a bid
until the arbitration agreement has been executed by all parties. He
suggested that the Village be a party to the arbitration agreement, but that
the dollar amount be set. Jack Sharp of the Buffalo Grove National Bank felt
that if the Village sets an amount for their participation, it would not be
arbitration.
President Fabish stated that the Village does not have to loop the system
at this time, but the property owners must provide service to their property.
Trustee Rech stated that the bank, the fire station, and the second phase of
Village Plaza may not be occupied until the main is constructed; therefore,
a decision should be made quickly.
Trustee Mahoney moved to direct the Village Attorney to consult with Mr. Ryan
and indicate the Village's willingness to sign an arbitration agreement which
would include a maximum total cost of $84,666, representing alternate #2
construction, and indicate the Village's willingness to be bound by arbitration
up to the amount budgeted for this project minus the amount paid to Murry
and Moody for engineering. Trustee Driscoll seconded the motion.
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5/27/75
Trustee Berth noted discrepancies in the two bid tabulations. Mr. Seaberg
explained that the reason for the discrepancy was that the bidder had made
an error in addition which was later corrected.
Because there were many people present to discuss the flooding problems on
University Court , Trustee Mahoney moved consideration of the Dundee Road
sanitary sewer and water mains be tabled. Trustee Berth seconded the motion,
and a roll call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Berth , Marienthal
NAYES: None
The motion carried.
Ordinance #75-9
President Fabish read Ordinance #75-9, an ordinance vacating Villa Verde Road.
Trustee Mahoney moved to approve Ordinance #75-9 as read. Trustee Rech
seconded the motion , and a roll call vote found the following:
AYES : Trustees Mahoney, Rech , Driscoll , Bogart , Berth , Marienthal
NAYES: None
The motion carried.
Plaza Verde Access Easement
President Fabish read the Declaration and Agreement of Easement which provides
access easement along the west side of Plaza Verde development. Trustee
Marienthal moved to accept the access easement. Trustee Bogart seconded the
motion , and a roll call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Berth, Marienthal
NAYES: None
The motion carried.
Ordinance #75-10
President Fabish read Ordinance #75- 10, an ordinance extending zoning on the
property located at the northwest corner of Lake-Cook Road and Route 83 until
December 1 , 1975. Trustee Mahoney moved to approve Ordinance #75-10 as read.
Trustee Driscoll seconded the motion.
Salvatore Santoro, representing the owner, requested a one year extension
instead of six months because of the delay in construction of Lake-Cook Road.
Trustee Mahoney withdrew his motion and moved to extend the zoning until next
June, one year from the effective date. Trustee Driscoll seconded the motion.
Because this property is located in the Central Business District area, Trustee
Rech felt that she would like to see the data on the Central Business District;
therefore, she favored a six month extension.
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5/27/75
A roll call vote found the following:
AYES: Trustees Mahoney, Driscoll , Bogart
NAYES: Trustees Rech, Berth , Marienthal ; President Fabish
The motion was defeated.
Trustee Rech moved to approve Ordinance #75-10 as read. Trustee Berth
seconded the motion , and a roll call vote found the following:
AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Berth, Marienthal
NAYES: None
The motion carried.
Strathmore Grove
President Fabish stated that Levitt Residential Communities has submitted a
formal request to change their condominium area to single family homes.
Trustee Mahoney moved to forward the request to the Plan Commission for review
and the appropriate public hearings. Trustee Rech seconded the motion, and a
roll call vote found the following:
AYES: Trustees Mahoney, Rech , Driscoll , Bogart, Berth, Marienthal
NAYES: None
The motion carried.
9:30 P.M. - The President declared a recess and stated that after the recess ,
the Board would enter workshop session to discuss the University
Court flooding problem. He stated that after workshop, the Board
would again consider the bids on the Dundee Road sanitary sewer
and water mains.
11 :45 P.M. - The Board reconvened to the regular meeting agenda.
Trustee Rech left the meeting at 10:30 P.M.
Dundee Road Sanitary Sewer and Water Mains
Trustee Mahoney moved to remove from table consideration of the Dundee Road
sanitary sewer and water mains. Trustee Bogart seconded the motion, and upon
a voice vote, the motion passed unanimously.
In response to a question from Trustee Berth, Mr. Raysa stated that the change
in the bid, caused by error in addition, should be initialed by the bidder.
After discussion , Trustee Mahoney moved to direct the Village Attorney to
confer with Mr. Ryan and inform him the Village's position is that the draft
agreement he has presented would be satisfactory to the Village with a few
minor modifications, one of which would be to make reference to the fact that
nothing therein shall change any rights and duties under annexation agreement,
secondly, that the Village will be bound by the arbitration up and including
the amount of $30,000 including the approximately $1 ,500 of engineering costs
already sustained (figures to be precisely checked with Mr. Larson) , and
thirdly, that the total cost of the project, subject to the willingness of
Navarolli to extend its bid for alternate #2,will be approximately $84,666
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5/27/75
and indicate that the plans and specs have been reviewed and approved by the
property owners. Trustee Driscoll seconded the motion.
In response to a question from Trustee Bogart, Mr. Larson stated that the
per unit cost to extend the water main from the west side of the Village
Plaza property to Crofton Lane is $28,000.
Jack Sharp of Buffalo Grove National Bank requested a special meeting of
the Board to discuss this subject so that all parties may be present. He
said there is strong feeling that there is public benefit for the line being
run down Dundee Road; therefore, it is felt that the Village should be a part
of the arbitration agreement. Trustee Mahoney stated that the Village will
be participating, but that there will be a limit to the extent of participation.
Trustee Mahoney saw no reason for a special meeting unless the Board would be
willing to spend more than the budgeted amount for the project.
Trustee Mahoney did not feel that a governmental body should turn over to
an arbitrator the control over expenditures. Mr. Raysa stated that the
Board has no right to delegate its powers.
Mr. Raysa suggested that an alternative would be to spell out in the agree-
ment the specific portion of the main for which the Village would pay.
A roll call vote found the following:
AYES: Trustees Mahoney, Driscoll , Bogart, Berth, Marienthal
NAYES: None
ABSENT: Trustee Rech
The motion carried.
University Court Flooding
Referring to the workshop session, Chuck . McCoy, Director of Public Works ,
suggested that the Board direct a letter to the Village President and Board
of Trustees of Wheeling asking them to take what action they can to help with
the University Court flooding. He said that he understands that they hold a bond
from Zale Construction for construction of the pump. After discussion, it was
agreed that this should be done.
Ad)ournment
There being no further business to conduct, Trustee Mahoney moved the meeting
adjourn. Trustee Berth seconded the motion , and upon a voice vote, the
motion passed unanimously.
Time: 12:15 A.M.
Respec ly submitted,
V lage C erk
PASSED AND APPROVED this a day of , 1975.
M.o.( a
Village lla a President