1974-11-18 - Village Board Regular Meeting - Minutes 4071
11/18/74
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,
NOVEMBER 18, 1974, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO
GROVE, ILLINOIS.
President Armstrong called the meeting to order at approximately 8: 15 P.M.
Those present stood and recited the Pledge of Allegiance to the Flag. The
Clerk called the roll and found the following:
PRESENT: President Armstrong; Trustees Osmon, Mahoney, Rech, Driscoll
Trustee Shirley arrived at 9:05 P.M. and Trustee Rathjen arrived at 10:15 P.M.
Also present : Daniel Larson, Village Manager; Richard Raysa, Village Attorney;
Charles McCoy, Director of Public Works ; Richard Glueckert , Finance Director;
Arnold Seaberg, Village Engineer; William Balling, Administrative Assistant;
and Robert Collins, Village Treasurer.
1 . Minutes of November 11 , 1974
_ I
Trustee Mahoney moved the minutes of November 11 , 1974, be approved as submitted.
Trustee Rech seconded the motion, and a roll call vote found the following:
AYES: Trustees Osmon , Mahoney, Rech, Driscoll
NAPES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
2. Warrant #300
President Armstrong presented Warrant #300 in the amount of $193,259.33.
Trustee Mahoney moved to approve Warrant #300 as submitted. Trustee Driscoll
seconded the motion, and a roll call vote found the following:
AYES: Trustees Osmon, Mahoney, Rech , Driscoll
NAPES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
3. Village Manager' s Report
Mr. Larson, Village Manager, reviewed the Administrative Activities for the
month of October, 1974.
4. Standing Committee Reports
Bi-Centennial Commission
Trustee Rech reported on the seminar held at Harper College on Saturday,
November 16, 1974, regarding the involvement of teenagers in the Bi-Centennial .
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"Reason For Tears"
Trustee Driscoll referred to the booklet "Reason For Tears" and stated it was
a credible job and the merchants deserve a pat on the back for their support.
Community Blood Donor Commission/Appointments
President Armstrong appointed Mrs. Carol Lauter Chairman of the Community Blood
Donor Commission, and Sylvia Bogart as Vice-Chairman. Trustee Rech moved to
concur with the appointments. Trustee Osmon seconded the motion , and a voice
vote found the following:
AYES: Trustees Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
President Armstrong appointed Phyliss Wolter, Robert Bogart , and George Miley
to serve on the Community Blood Donor Commission. Trustee Mahoney moved to concur
with the appointments. Trustee Rech seconded the motion, and a voice vote found
the following:
AYES: Trustees Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
President Armstrong assigned Trustee Mahoney to be Trustee Liaison to the
Community Blood Donor Commission.
5. COMMITTEE OF THE WHOLE
Plan Commission/Appointment
Upon the unanimous recommendation of the Plan Commission , President Armstrong
appointed Rodney Jacobs to fill the vacancy on the Plan Commission. Trustee
Osmon moved to concur with the appointment. Trustee Rech seconded the motion ,
and a voice vote found the following:
AYES: Trustees Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
Risk Management Insurance
Mr. Larson reviewed the recommendation from Arthur Gallagher and Company, Village
Insurance Brokers , for a Risk Management approach to certain Village exposures.
Mr. Warren G. Van Der Voort, Jr. of Arthur J. Gallagher & Co. reviewed his
recommendations to change the current program. He recommended (1) Increase the
deductible amount under Building & Contents to $1 ,000 for each occurence. The
annual savings established by this higher deductible would be $630 per year.
(2) Increase the deductible on the Automobile Comprehensive to $50 for all
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comprehensive losses. Annual savings on this, developed by use of a deductible
on the comprehensive coverage of the automobile policy,would be $557 per year.
(3) Increase the deductible under Private Passenger Automobile from the current
level of $100 to a total deductible of $250. The annual premium reduction for
this deductible would be $713 per year. Mr. Van Der Voort noted the total savings
amounted to $1 ,900.
Trustee Mahoney moved to direct the staff to implement the recommendations.
Trustee Osmon seconded the motion, and a voice vote found the following:
v AYES: Trustees Mahoney, Osmon, Rech, Driscoll
NAYES: None
ABSENT: Trustees Shirley, Rathjen
The motion carried.
Arlington Country Club 15th Fairway Bridge
Mr. Larson reviewed the retention basin agreement between the Arlington Country
Club and the Village, and specifically the portion providing for the removal of
the 15th fairway bridge over Buffalo Creek. He stated that two proposals for
removing the bridge were received, being Schaefges Brothers at $1 ,850 and Rand
Construction Co. at $3,885.
In reply to a question from Trustee Osmon , Mr. Larson stated there was no
advertisement for bids on this bridge, because the project is small and it
would be difficult to attract contractors to bid. Trustee Osmon felt he could
not go along with the contractor due to recent actions with the Park District
swimming pool .
Trustee Rech felt bids should have been solicited since the project exceeds
$1 ,500. Mr. Larson stated the Board could waive bidding.
Trustee Mahoney moved to accept the proposal of Schaefges and waive bids , noting
particularly the amount is less than half of the alternative bid. Trustee
Driscoll seconded the motion.
Trustee Osmon felt the Board should take a hard look at what they are doing by
waiving bids and felt some investigation should be made to determine that the
bids are valid, the completion dates will be valid, and bonding guaranteeing
completion dates. Trustee Rech agreed with Trustee Osmon on the standpoint that
the Village's agreement is tied very much to completion time, and if the Village
goes beyond that, there will be difficulty with the agreement. Trustee Osmon
felt a time of completion commitment should be received from the contractor
before the contract is signed. Mr. Larson felt February 1st would be a fair
date for the completion.
Trustee Mahoney amended the motion to include a February completion date and
that Mr. Raysa review the agreement before execution. Trustee Driscoll seconded.
The Clerk called the roll and found the following:
AYES: Trustees Mahoney, Rech, Driscoll
NAYES: Trustee Osmon
ABSENT: Trustees Shirley, Rathjen
The motion carried.
Trustee Shirley arrived.
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Marquardt Parcel
Mr. Larson reviewed his report regarding the additional stripping, filling, and
compacting of the Marquardt property on Buffalo Grove Road. He stated a meeting
was held on October 30, 1974, with Clarence Marquardt, Dan Taggart , and repre-
sentatives of the Lindahl Brothers Excavating Co. , the Metropolitan Sanitary
District , and the Village. He stated no conclusions were reached regarding
responsibility of the additional stripping, and noted if litigation were held,
the expense for the attorneys would be $4,800. He stated discussion revolved
�•/ around the sharing of the costs by all parties involved, and that it was recommended
the Village's share would be $900.
Because he felt this was a practical consideration, Trustee Mahoney moved to
approve the Village' s portion of this expense. There was no second to the motion.
Trustee Osmon referred to the location of soil borings done by Marquardt and felt
the soil problem should have been identified at that time. Mr. Seaberg stated
the borings were at the corner of the proposed building and indicated no problem.
In reply to a question from Trustee Rech, Mr. Larson stated all extras to the
contract are to be paid by the Village, and the contract between the Village
and Dan Taggart provided for the Marquardt parcel to be stripped of black dirt
and compacted with clay material .
In reply to a question from Trustee Rech, Mr. Raysa felt the Village should pay
part of it because it was not worth a law suit.
Trustee Mahoney moved to approve the Village's portion of this expense. Trustee
Rech seconded the motion. The Clerk called the roll and found the following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAYES: None
ABSENT: Trustee Rathjen
The motion carried.
Ordinance Amending the Zoning Ordinance
Reference items c and d on the agenda, Mr. Raysa stated any amendments to
the zoning ordinance should have a public hearing with the Plan Commission.
Trustee Rech moved to send the suggested ordinances , amending the zoning ordinance,
to amend procedures of the Zoning Board of Appeals, to the Plan Commission for a
public hearing. Trustee Osmon seconded the motion, and a voice vote found the
following:
AYES: Trustees Shirley, Osmon, Mahoney, Rech, Driscoll
NAPES: None
ABSENT: Trustee Rathjen
The motion carried.
Public Works Facility
Mr. Raysa stated the Village does not have the deed to the property for the
Public Works facility yet , but he saw it signed in Mr. Ancel 's office; however,
the Phoenix P.U.D. Ordinance, revamped in accordance with the Board's instructions,
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11/18/74
did not meet with the owner's approval reference some of the language used, and
stated he now has a slightly modified version of it. Mr. Raysa stated the Village
will not receive 4.5 acres , but 4. 326 acres instead, the reason being that the
realignment of Lake-Cook Road took part of it. He stated the owners did not
like paragraph G which pertained to the $103,000 donation , because they wanted
this allocated to $150 per unit in one area and $78.74 per unit in another area ,
a total of which becomes $103,000. Trustee Shirley stated in previous discussions,
the developer agreed to allocate the dollar amount among the various parcels by
LW themselves. Mr. Raysa referred to the donations for the County widening of Lake-
Cook Road and stated they would like it to read, "Upon demand, the owner will
dedicate such portion of the proposed Lake-Cook Road right-of-way which is adjacent
to such proposed development and is declared necessary for County widening of
that improvement, provided the County assumes the costs of construction of side-
walks
along Lake-Cook Road. The foregoing shall not preclude the owner from
endeavoring to obtain additional compensation for such conveyance provided that
the sidewalk construction does not unduly delay the project." Mr. Raysa stated
as soon as the Ordinance is passed, the County can take the road for County
purposes , and he doubted that Lake-Cook Road could be delayed if the County saw
fit to condemn. After discussion , Mr. Raysa felt that he should return to Mr.
Ancel tomorrow and advise that the Board wants the Ordinance as agreed. Trustee
Shirley moved to accept Mr. Raysa' s recommendation. Trustee Mahoney seconded the
motion , and a voice vote found the following:
AYES: Trustees Shirley, Osmon , Mahoney, Rech, Driscoll
NAYES: None
ABSENT : Trustee Rathjen
The motion carried.
Mr. Larson recommended that the architects be authorized to proceed with the
working drawings for the Public Works facility contingent upon receipt of the
deed to the property. Trustee Osmon recommended that no motions be made contingent
upon future events, particularly based upon promises by the owners , and also
recommended a motion or polling be made to direct the Village Attorney to return
to the proper people and advise that any further discussion will have to be held
before the proper bar. Mr. Raysa felt the problem was a lack of communication
between Mr. Wolf and Mr. Ancel .
Trustee Osmon moved a poll be taken of the Board that no further discussion be
held on this matter by the Board. Trustee Shirley felt the original motion
stated the same thing. There was no second to the motion.
President Armstrong stated discussion on the Public Works facility would be held
next week. In reply to a question from the Village Clerk, Mr. Raysa stated
Ordinance #74-22 A could be read.
Water Rate Increase
Mr. Larson stated he, Trustee Rech, and Mr. Glueckert met last Wednesday to
review alternative rates which they felt would be sufficient to meet the same
attempts as outlined in the projected budget estimates for the next three years ,
through the fiscal year ending April 30, 1978. He reviewed his report , dated
November 13, 1974, and its revision regarding a flat rate for water as an alternative
to the sliding scale rate proposed in his original report.
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Mr. Larson stated that if the Village receives the $160,000 grant that has been
applied for with the U. S. Environmental Protection Agency, the monies should be
placed in the reserve accounts. In reply to a question from President Armstrong,
Mr. Larson stated there is a 50-50 chance of receiving the grant, due to President
Ford' s cut of $5 million dollars from the Federal Budget. Mr. Larson stated the
Village has received notification of the grant awarded to the Village in the amount
of $79,700, which represents half of the grant, and did not know if this will be
received in January.
Discussion took place regarding the large water users. Because of the 15 large
users , eight are tax supported, Trustee Rech felt the costs would go back to the
citizens. She strongly favored an equal rate system.
Howard Mendenhall , 505 Weidner, felt there should be an average figure for all
residents , and an average rate for businesses, and from that point on , the cost
could be $1 .40 or $1 .50. President Armstrong felt it might be difficult to assign
a rate by type of business. Mr. Mendenhall felt that future water shortage had
not been considered. Trustee Mahoney felt the rates will discourage people from
_ wasting water.
Mr. Bill Slattery, 850 Woodhollow, felt the flat rate is fair for everyone, and
felt the 5,000 minimum per month is excessive for smaller families.
In reply to a question from Mr. Slattery, Mr. Larson stated there are two sewer
charges in the Lake County portion of the Village, a charge for maintenance and
a charge for treatment.
In reply to a question from President Armstrong, Mr. Glueckert stated he did a
study of 4,000 gallon minimum at $1 . 35 and it come out short , and to stay at a
minimum of 3,000, the rate would have to be $1 .60. Trustee Shirley felt that by
increasing the minimum, whether it is with a regressive rate as submitted in the
report or a flat rate as suggested by Trustee Rech, it still puts the burden on
the low volume user.
Mr. Collins stated the flat rate probably would discourage industrial growth.
Trustee Rech stated the land zoned industrial is inaccessible and will not be
accessible until Lake-Cook Road is completed, which is projected for 1976, at
which time the Village may have to depend upon another community who is going
to dictate to Buffalo Grove the amount per 1 ,000 gallons in order to tap on
to Lake Michigan water; therefore, she felt the industrial problem was not valid.
Mr. Glueckert referred to studies made, by Mr. Balling and Mr. Seaberg, of surround-
ing communities which determined that all have a sliding scale.
Trustee Rathjen arrived.
Mr. Larson questioned whether the Federal grant be put to reduce the $3.00
Lake County charge or put into the reserve accounts for the total water works
and sewerage fund. Mr. Raysa stated he would like to discuss the matter with
Benjamin and Lang, financial consultants.
Trustee Shirley felt the grant should offset the liability on the sewage plant
because the money came from a specific source and specific people. President
Armstrong stated Benjamin and Lang or Chapman & Cutler should indicate what
should be done.
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Trustee Rathjen questioned whether expenditures could be reduced from the
Water Fund and also whether the Water Fund has been overloaded, paying bills
out of the fund that might have some questionable justification. Trustee
Rathjen stated that if expenditures cannot be reduced, then the only alternative
is increased water rates. Trustee Shirley felt that during budget hearings,
overall expense reduction was dealt with. Regarding distribution of expenditures ,
Trustee Shirley stated best judgment is used and the annual certified audit
investigates distribution carefully. He stated the audit report states that the
distribution is reasonably proper and done in good and acceptable accounting
principles.
President Armstrong noted the two alternatives to accept - the recommendation of
the staff or the alternative rate of $1 .35. The Clerk polled the Board:
Staff recommendation: Trustees Shirley, Osmon, Mahoney, Driscoll
$1 .35 Rate: Trustee Rech
Neither: Trustee Rathjen
Trustee Mahoney moved to approve the recommendations as outlined on page 24 of
the Staff Report to increase the water rates. Trustee Shirley seconded the motion ,
and a roll call vote found the following:
AYES : Trustees Shirley, Osmon , Mahoney, Driscoll
NAYES: Trustees Rathjen, Rech
The motion carried.
Trustee Rech stated she is well aware that the increase is necessary and the
negative vote in no way means she is not realizing that fact. Trustee Shirley
requested a quarterly progress report on the Water Fund, as was done with the
Tax Anticipation Warrants.
President Armstrong declared a recess at 10:35 P.M.
The meeting resumed at 11 :00 P.M.
Environmental Protection Agency Grant
President Armstrong read the reimbursing grant agreement and special conditions
from the Environmental Protection Agency. Trustee Osmon moved the agreement be
signed. Trustee Driscoll seconded the motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES : None
The motion carried.
�./ Ordinance No. 74-42
President Armstrong read Ordinance No. 74-42, an Ordinance extending the height
variation for the sixth building in the Cambridge-on-the-Lake development. Trustee
Driscoll moved to approve Ordinance No. 74-42. Trustee Shirley seconded the motion ,
and a voice vote found the following:
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AYES: Trustees Shirley, Rathjen , Mahoney, Driscoll
NAYES: Trustees Rech, Osmon
The motion carried.
Ordinance No. 74-35
Trustee Mahoney moved to remove Ordinance No. 74-35 from table. Trustee Rech
seconded the motion , and a voice vote found the following:
AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
President Armstrong read Ordinance No. 74-35, an Ordinance repealing the
Village Gambling Ordinance. Trustee Mahoney moved to approve Ordinance No.
74-35. Trustee Rech seconded the motion, and a voice vote found the following:
AYES: Trustees Shirley, Osmon, Rathjen, Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Opticom Control
Mr. Larson stated as requested, supplemental agreements have been presented to
the Board for the installation of Opticom units for traffic signals at Buffalo
Grove Road and Dundee Road and at Arlington Heights Road and Dundee Road. One
agreement is to provide for the Village to participate in the energy and main-
tenance expenses as well as to pay for the cost of the Opticom emergency pre-
emption equipment at $11 ,280. Mr. Larson stated the Village is in receipt of a
revised quotation , and stated it would be to the Village's interest to enter into
the agreement with the State and provide they put in the Opticom unit at this
time as part of the State contract price, considering the fact that within the
last six months the price has increased from $6,106 to $6,343.
Trustee Osmon moved to approve the agreement for both maintenance and installation.
Trustee Rech seconded the motion. Discussion followed on whether to subcontract
with Meade Electric to install the units.
Trustee Osmon amended the motion to include the necessary labor costs. Trustee
Rech seconded. In reply to a question from Trustee Rech, Mr. Larson stated the
funds needed for thisare in the MFT Fund.
President Armstrong read the agreement and Resolution No. 74-24. The Clerk
called the roll on the motion and found the following:
AYES : Trustees Shirley, Osmon, Rathjen , Mahoney, Rech, Driscoll
NAYES: None
The motion carried.
Trustee Rech moved to approve Resolution No. 74-24. Trustee Osmon seconded the
motion, and a roll call vote found the following:
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AYES: Trustees Shirley, Osmon , Rathjen, Mahoney, Rech , Driscoll
NAPES: None
The motion carried.
Questions from the Audience
Mr. Ken Witcher questioned why the area of roadway on Dundee Road in Buffalo
Grove is 50 mph when that area is very similar to areas in Wheeling at 40 mph.
Mr. Larson stated it would entail a traffic study by the State to determine if
the traffic warrants that type of speed limit. President Armstrong requested
Mr. Larson talk with Mr. Ziejewski to see if it could be reduced and report back
to the Board.
Arlington Country Club Retention Basin
Mr. Seaberg stated that this week he will have to make a decision on the
Arlington Country Club retention basin which may be an extra to the contract.
He stated there is more dirt being extracted than anticipated. Any extra dirt
will have to be put in a fairway, and the extra will be in cost of sodding. He
estimated the costs to be $3,300. Mr. Larson stated in the agreement with Mr.
Taggart , all excess dirt is to be left on the site.
Popp Farm
Mr. Bob Bogart questioned the possible annexation of the Popp Farm. Mr. Raysa
stated the attorney for the Popp family called him to arrange the meeting.
Administrative Order #11
Trustee Rathjen referred to Administrative Order #11 and questioned the authority
of the Village Manager to authorize expenditures of more than $1 ,500. Mr. Larson
stated that authority is granted in the Ordinance creating the position of Village
Manager. Trustee Rathjen moved to review that ordinance in the near future.
Trustee Osmon seconded the motion. The Clerk called the roll and found the
following:
AYES: Trustees Osmon, Rathjen , Rech, Driscoll
NAPES : Trustees Shirley, Mahoney
The motion carried.
Dundee Road Median
Trustee Osmon referred to the median in front of the Brozio development and
stated in the final presentation it showed that section as planted median.
President Armstrong stated the State changed it.
Trustee Osmon moved to adjourn. Trustee Shirley seconded the motion , and upon a
voice vote, the motion passed unanimously.
Time: 11 :40 P.M.
Respectfully submitted,
'Village Clerk
PAS D Pv V,1j 4.-t72 day of , 1974.
11l4 Presiders