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1975-04-28 - Village Board Regular Meeting - Minutes 4194 4/2 8/75 MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, HELD MONDAY, APRIL 28, 1975, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE ILLINOIS. President Fabish 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: President Fabish; Trustees Mahoney, Rech, Driscoll , Bogart, Berth , Marienthal . Also present were Daniel Larson, Village Manager; Richard Raysa, Village Attorney; Charles McCoy, Director of Public Works ; William Balling, Admin- istrative Assistant; and Richard Glueckert, Finance Director. 1 . Minutes of April 21 , 1975 Trustee Rech moved to approve the minutes of April 21 , 1975, as submitted. Trustee Mahoney seconded the motion , and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart , Marienthal NAYES: None ABSTAIN: Trustee Berth The motion carried. 2. Warrant #310 President Fabish presented Warrant #310, in the amount of $359,369.96. Trustee Rech moved to approve Warrant #310. Trustee Mahoney seconded the motion. Various items were questioned but no changes were made. A roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Berth, Marienthal NAYES: None The motion carried. 3. President 's Report Flooding President Fabish read a report from William Davis , General Superintendent of the Department of Public Works, regarding results of heavy rains over the weekend. It stated that there had been some basement flooding resulting from foundation cracks and some infiltration of the sanitary system. Trustee Driscoll stated that his home on University Court had 12 feet of water in the house and 3 feet in the street backed up to the corner of Cambridge Drive and University Court. He stated that the actions taken to alleviate the problem, as required by the court, have not worked, and he felt the problem is worse. He requested that the problem be placed on the agenda in two weeks, invite the residents of University Court, and present an update on legal , engineering, and proposed future action. 4195 4/28/75 Mr. Raysa stated that engineers from the Metropolitan Sanitary District, the Village of Wheeling, and Chesterfield Developers had testified in court that the action would not cure the situation, but would alleviate it. He stated that the only action that has not taken place is the installation of one pump. He felt that engineering testimony is needed as to the reason for the flooding and a recommendation to remedy it. Mr. McCoy stated that he would obtain plans for the retention ponds from the M.S. D. in order to determine if the ponds were constructed correctly. �•/ Trustee Mahoney requested a special meeting be held as soon as the Village Engineer is able to gather all the necessary data and that the residents of University Court be invited to participate in the meeting. President Fabish stated that it is the consensus of the Board for the staff to proceed as soon as possible to gather the necessary information. Appointments/Civil Defense Upon recommendation of the Civil Defense Commission, President Fabish reappointed to the Civil Defense Commission for two year terms , Ted Wijas , Paul Kochendorfer, and Gilbert Lee. Trustee Berth moved to concur with the appointments. Trustee Rech seconded the motion , and upon a voice vote, the motion passed unanimously. Upon recommendation of the Civil Defense Commission, President Fabish appointed Marilyn Lee to the Civil Defense Commission for a two year term. Trustee Rech moved to concur with the appointment. Trustee Berth seconded the motion, and upon a voice vote, the motion passed unanimously. Appointment/Zoning Board of Appeals Upon recommendation of the Zoning Board of Appeals , President Fabish appointed Michael Kearns to the Z.B.A. for a five year term. Trustee Mahoney moved to concur with the appointment. Trustee Rech seconded the motion , and upon a voice vote, the motion passed unanimously. Committee/Create Industrial Development Commission President Fabish created a committee to study and set procedures for creation of an Industrial Development Commission for Buffalo Grove and appointed Michael Kearns as the chairman. Trustee Berth moved to concur with the appointment. Trustee Marienthal seconded the motion , and upon a voice vote, the motion passed unanimously. President Fabish stated that if any Board member wishes to serve on the Committee, they should contact Mr. Kearns. Appointment/Plan Commission Upon recommendation of the Plan Commission, President Fabish reappointed Howard Keister and Stephen Goldspiel to the Plan Commission for one year terms. Trustee Rech moved to concur with the appointments. Trustee Bogart seconded the motion, and upon a voice vote, the motion passed unanimously. 4. COMMITTEE OF THE WHOLE Resolution #75-15 President Fabish read Resolution #75-15, a resolution changing the Village 4196 4/28/75 President's signature on the Golf Club Fund account. Trustee Rech moved to approve Resolution #75-15 as read. 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. Resolution #75-16 President Fabish summarized Resolution #75-16, a resolution changing the Village President 's signature on the Water Fund account. Trustee Driscoll moved to approve Resolution #75-16. Trustee Mahoney seconded the motion , and upon a voice vote, the motion passed unanimously. Resolution #75-17 President Fabish summarized Resolution #75-17, a resolution changing the Village President's signature on the Motor Fuel Tax Fund account. Trustee Rech moved to approve Resolution #75-17. Trustee Marienthal seconded the motion, and upon a voice vote, the motion passed unanimously. ii Resolution #75-18 President Fabish summarized Resolution #75-18, a resolution changing the Village President's signature on the Revenue Sharing Fund account. Trustee Berth moved to approve Resolution #75-18. Trustee Bogart seconded the motion, and upon a voice vote, the motion passed unanimously. Resolution #75-19 President Fabish summarized Resolution #75-19, a resolution changing the Village President's signature on the account for Disbursement of Builders Donations for School Districts and Parks. Trustee Bogart moved to approve Resolution #7:-19. Trustee Marienthal seconded the motion, and upon a voice vote, the motion passed unanimously. Resolution #75-20 President Fabish summarized Resolution #75-20, a resolution changing the Village President's signature on the Payroll account. Trustee Marienthal moved to approve Resolution #75-20. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Resolution #75-21 President Fabish summarized Resolution #75-21 , a resolution changing the Village President's signature on the General Fund account. Trustee Mahoney moved to approve Resolution #75-21 . Trustee Marienthal seconded the motion, and upon a voice vote, the motion passed unanimously. Water Study President Fabish appointed Trustee Rech as chairman of a committee to study the water rates. He stated if any Trustees would like to serve on the 4197 4/28/75 it Committee, they should contact Trustee Rech. Trustee Berth moved to concur with the appointment. Trustee Bogart seconded the motion , and a voice vote found the following: AYES: Trustees Mahoney, Driscoll , Bogart, Berth, Marienthal NAYES: None ABSTAIN: Trustee Rech The motion carried. President Fabish stated that Ken Rodeck of Al Frank and Associates would like to serve on the committee. Trustee Rech stated that all meetings will be public and any interested person may attend. Community Center President Fabish appointed Trustee Bogart as chairman of a committee to study a Community Center. Trustee Mahoney moved to concur with the President's appointment. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Fourth of July Celebration Ken Witcher, Vice-President of the Buffalo Grove Jaycees, reviewed his letter, dated March 5, 1975, requesting the Village to help defray some of the cost of the Fourth of July fireworks in order that the Jaycees may apply some of the funds toward the construction of the Jaycee Park at Willow Stream. Trustee Mahoney moved to table the request of the Jaycees until after consideration of the budget. Trustee Driscoll seconded the motion, and upon a voice vote, the motion passed unanimously. Public Services Center Ray Knoeppel , architect of the Public Services Center, stated that bids for the facility were opened on March 17, 1975, and were as follows : Norman Bullerman $561 ,261 E. C. Daver Const. Co. $576,000 Arthur Goebelt Builders $570,000 A. W. Heinson & Co. $570,000 George Knight Const. Co. $564,483 Monroe Const. & Engineering Corp. $581 ,880 Ockerlund Const. $569,750 Orange Const. Co. $563,658 Pickus Const. & Equipment Co. Inc. $593,500 Pletka & Assoc. Inc. $599,847 Pritcher & Erbach Inc. $550,000 The Richards Group of Ill . $639,800 F. J. Richter Const. Co. Inc. $553,748 Slezak Const. Co. Inc. ' $556,713 Solberg & Sullivan $532,269 Sundene Const. Co. $608,900 Trapani Const. Co. Inc. $578,500 4198 4/28/75 Mr. Knoeppel noted that the low bid of $532,269 from Solberg and Sullivan was $39,693 under the architect 's estimate. He stated that the basic building cost, including the basement , was $23 per square foot. He stated that it is an economical , functional , and handsome building that will help to serve the needs of the community. He stated that the bid includes the three alternates which were (1) basement, (2) parts storage and meter room, and (3) brick wall enclosure in the rear yard. He recommended acceptance of the entire base bid including all alternates. He stated that the alternates would cost more at a later date. Trustee Mahoney moved to accept the bid of Solberg and Sullivan, in the amount of $532,269, including all deductive alternatives. Trustee Driscoll seconded the motion. In response to a question from President Fabish, Mr. Knoeppel stated that if enough natural gas is available for the building, the boiler may be eliminated resulting in a savings of between $10,000 and $15,000. Mr. McCoy stated that the possibility of obtaining enough natural gas is good at this time. In response to a question from Trustee Mahoney, Mr. Knoeppel recommended that the contract be awarded and if natural gas is available, he would redesign for natural gas and ask the general contractor to contact his mechanical contractors for competitive bids. Edward Osmon, 406 Buffalo Grove Road , suggested that the matter be tabled in order for new members of the Board to familiarize themselves with the building and in particular the mechanical contract. Mr. Raysa recommends that the bid be acts ted subject to yeTtng of the mechan i ca 1 . • Trustee Berth noted that gas islands and site improvement will cost an additional $116,500, making the total cost of the building $644,769. For that reason , she did not favor construction of the building. Mr. Osmon felt that the Board should also consider if the location is the right one. Richard Heinrich of the Zoning Board of Appeals stated that the Z.B.A. reviewed several alternate locations and found it was the only land available. Trustee Rech requested that the new Board members be polled to determine if they need more time to consider this matter. President Fabish polled the new Trustees and found the following: Trustee Berth stated that she had had an opportunity to study the plans. She felt the building is beautiful and has great potential , but she objected to it because she felt the Village could not afford it at this time. Trustee Bogart requested more time to study. Trustee Marienthal requested one more week to study. Trustee Rech moved to table consideration of the Public Services Building in deference to the new Board. Trustee Mahoney seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech , Driscoll , Bogart , Berth, Marienthal NAYES: None The motion carried. 4199 4/28/75 Thursday, May 1 , 1975, at 7:30 P.M. , was set for Trustees to meet with Mr. Knoeppel to review the building. Scavenger Collection Rates The request from Buffalo Grove Disposal Company for a rate adjustment was deferred. Arlington Country Club Retention Basin Mr. Larson reviewed a letter, dated April 16, 1975, from Daniel Taggart Jr. , President of the Arlington Country Club, which expressed concern regarding the delay of laying sod on the golf course and requested that a gravel road be installed around the outfall on Buffalo Grove Road and that the seventh green be sodded. He stated that Mr. Seabergestimates the cost of the roadway would be $900 to $1 ,200 and cost of the sodding would be $250. In response to a question from Trustee Bogart, Mr. Larson stated that according to the agreements , the heavy construction equipment was to be removed from the site by April 1 , 1975, but due to inclement weather, it has been delayed. He stated that Mr. Taggart is willing to begin tabulating his loss of money from April 18, 1975. He stated that the contractor is subject to penalties of $300 per day after April 1 , 1975, for noncompletion and the M.S. D. has assumed the Village's liability. In response to a question from Trustee Berth, Mr. Larson stated that he does not anticipate any cost to the Village in light of the fact that the M.S.D. is administering the contract. Lengthy discussion took place regarding cost of sod vs. cost of gravel road, which agency should assume this extra cost, and availability of sod. In response to a question from Trustee Mahoney, Mr. Raysa stated that the contract recites that the Village pays anything in excess of a certain amount of money and that the M.S. D. is subject to the Village's license agreement which states that the job must be completed by a certain date. It was his opinion that the M.S. D. should compensate the Village for cost incurred by their not completing the work by the date in the contract ; however, the contract has a $300 per day clause and Taggart feels he looses $1 ,000 per day. For that reason he felt the Village may be liable for anything in excess of $300 per day; therefore, he felt the roadway should be installed so that the golf course will be in a playable condition. Trustee Mahoney moved that Mr. Taggart's request be approved. Trustee Driscoll seconded the motion. Trustee Berth requested written permission from Mr. Taggart. A roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Berth, Marienthal NAPES: None The motion carried. 10:00 P.M. - President Fabish declared a recess. 10:15 P.M. - The meeting resumed. 4200 4/28/75 Villa Verde Road Robert Neiman, attorney representing Bernard Wolf and other owners of the land west of Villa Verde Road, and Ronald Grais , attorney representing the owners of Plaza Verde Shopping Center, were present to request the vacation of Villa Verde Road. Mr. Neiman stated that on June 21 , 1971 , the Village entered into an agreement with his client for the dedication of Villa Verde Road and that the agreement called for the vacation of that dedication when ingress and egress was available to the Villa Verde Apartments from Arlington Heights Road. Because that has now been provided, he requested an ordinance be adopted to vacate the road. He stated that a declaration of easement has been entered into by owners of all the land. In response to a question from Trustee Rech, Mr. Raysa stated that he has a copy of the easement and found it in order; however, he requested that the legal description be checked. Mr. Balling stated that Mr. Seaberg has reviewed the easement and the plat of easement,and that his only concern was that the storm sewer easement was shown and did not want it to reflect that it is dedicated to the Village. Trustee Rech moved to approve the request to vacate Villa Verde Road, to have the road vacation and grant of easement be approved simultaneously, pending engineering approval , and to direct the Village Attorney to prepare the necessary ordinance. Trustee Driscoll seconded the motion. President Fabish stated that the Appearance Control Commission objects to the removal of the trees along the road. Mr. Neiman stated that the trees are in the process of dying because the land must be regraded and because they do not receive enough water. He further stated that when the vacation is granted, the trees will be on private property. He stated that the trees will be replaced after con- struction on the western side of the road. Discussion took place regarding the type and size of trees and the possibility of their survival . Trustee Rech did not feel the trees should be moved to Hazelcrest, but should be moved to a location in Buffalo Grove. Richard Heinrich, 635 Patton, stated that the annexation agreement requires that the trees remain on the site. Mr. Raysa stated that if the agreement states this, the Village can require it. Mr. McCoy noted that the trees now stand on public property. Trustee Mahoney moved to table consideration of this matter until the annexation agreement may be checked. Trustee Bogart seconded the motion, and upon a voice vote, the motion passed unanimously. Resolution #75-22 President Fabish read Resolution #75-22, a resolution requesting if Senate Bill 974, which would remove sales tax from food and drugs , is passed, that the Village be authorized to increase their sales tax from to to 1 .6%. Trustee Mahoney moved to approve Resolution #75-22. Trustee Bogart seconded the motion. Trustee Mahoney felt that Section 2 should be changed to read, "If this bill is adopted that this Village be authorized. . . ." 4201 4/28/75 Trustee Rech stated that as a Village official , she understands the Village's concern over the decrease in revenue, but as a citizen, she did not feel the action is proper because food and drugs are essential items. President Fabish stated that the bill is designed to balance the revenue of most communities , but because Buffalo Grove does not yet have a balanced commercial base, the Village would have to cut some functions. Upon request of Trustee Berth, Trustee Mahoney amended the motion to provide that, in the last Whereas paragraph, "and in some cases require a reduction of personnel" be stricken. Trustee Bogart seconded. Trustee Berth stated that she does not oppose removing sales tax from food and drugs. President Fabish stated that the resolution does not oppose the bill , but requests latitude to balance the loss of revenue if it is passed. Richard Heinrich stated that tonight's news program stated that this particular bill was killed. A roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart NAPES: Trustees Berth , Marienthal The motion carried. Villa Verde Road Trustee Mahoney moved consideration of vacation of Villa Verde Road be removed from table. Trustee Rech seconded the motion, and upon a voice vote, the motion passed unanimously. Mr. Neiman quoted from the Villa Verde PUD Ordinance regarding the site plan being for the residential property only and stated that it did not provide a requirement to leave trees on the commercial property. Discussion took place regarding the Village's right to keep the trees. Mr. Raysa was asked to look into the matter and report at next week's Board meeting. Trustee Mahoney moved to table consideration of the matter until next week. Trustee Berth seconded the motion, and upon a roll call vote, the motion passed unanimously. Goldin Annexation After review, Trustee Mahoney moved to refer to the Plan Commisison for public hearings the request for annexation of certain property along Buffalo Grove Road at Dundee Road. Trustee Driscoll seconded the motion, and upon a roll call vote, the motion passes unanimously. Oak Creek Apartments After review, Trustee Rech moved to refer to the Plan Commission and Appearance Control Commission for their review the request for final plat approval for the fourth phase of the Oak Creek Planned Development. Trustee Bogart seconded the motion , and upon a roll call vote, the motion passed unanimously. 4202 4/28/75 1975-76 Bud9et Trustee Berth stated that she found no difference in the amount of salaries between the March 13, 1975, budget draft and the final document, and was concerned that the 8.5% increase had not been included. Mr. Larson reviewed the salaries in each department and explained that the total amount remained the same because some adjustments had not been as high as anticipated. He could not explain the increase in the total salaries of Desk Officers and Secretary of the Police Department , and requested that his work papers be referred to. Trustee Berth felt that the following items should be changed: Community Blood Commission - from $1 ,000 to $600 Town Center Study - from $25,350 to $15,350 Codification of Ordinances - delete ($4,900) Weather Recording Equipment - delete ($2,000) Fireworks - from $800. to $400 Village Hall landscaping - delete % cep,) Street Lighting - from $21 ,600 to $19,600 Calcium chloride system - delete ($12,000) High lift truck - delete ($6,000) Bank loan for sanitary sewer television camera & equipment- - delete ($32,000) Sanitary Sewer television camera !f3 000 & equipment - delete ($1-2,00t) ($/ D eo In response to a question from Trustee Rech, Trustee Berth stated that the total amount of decrease to the budget that she is proposing is $61 ,900. Trustee Rech questioned why the Central Business District study may not be terminated until after the second phase. Mr. Larson stated that it is a provision of the contract with Economic Research. Trustee Rech stated that she would like to review the tapes of that meeting. Trustee Rech felt that equipment should be purchased outright in order to avoid paying interest on loans. Trustee Berth stated that she would favor approving the budget as presented with the condition that every item that she has proposed to cut would be presented to the Board prior to any expenditure. Trustee Rech felt that the water fund should not be responsible for any deficit in the garbage fund. Mr. Glueckert stated that measures have been taken to insure that Buffalo Grove Disposal assumes any deficit in the garbage fund. Trustee Rech suggested that the garbage fund not be included with the water fund. In answer to a question earlier in the discussion , Mr. Balling stated that he and Mr. Glueckert had reconciled the exact salaries of the Desk Officers and Secretary of the Police Department against the amount budgeted and found it to be correct. In response to a question from Trustee Marienthal , Mr. Raysa stated that he would have an updated invoice for legal fees to Mr. Larson by Tuesday morning. Trustee Mahoney moved to approve the budget as presented, arrd continue procedure of the staff obtaining Board approval for capital expenditures. 4203 4/2 8/75 Trustee Rech seconded the motion. Trustee Berth requested that the motion be amended to indicate that the Board will approve the budget if all proposed cuts come before the Board for con- sideration prior to the expenditure of any of these items. Trustee Mahoney felt that each member of the Board had specific ideas regarding which items should be cut and that it would vary with each member, making it difficult to arrive at an agreement ; therefore, he suggested that policy regarding expenditures be retained and requested Mr. Larson to explain the policy. Mr. Larson stated the current policy is to defer any training program, except those which are considered essential for the development of the staff, until after September 15, 1975; defer ordering any capital equipment , unless considered necessary for the operation of a department, until after September 15, 1975; an item in excess of $1 ,500 must be approved by the Board unless it is an emergency; and cancel purchase of coffee for the staff. The Clerk called the roll and found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Berth, Marienthal NAPES: None The motion carried. Fourth of July Celebration Trustee Mahoney moved to remove from table consideration of the request from the Jaycees for financial assistance in this year's Fourth of July fireworks display. Trustee Berth seconded the motion, and upon a voice vote, the motion passed unanimously. Trustee Mahoney moved to approve financial assistance to the Jaycees for the Fourth of July fireworks up to $800, depending upon the amount of loss incurred. Trustee Driscoll seconded the motion, and a roll call vote found the following: AYES: Trustees Mahoney, Rech, Driscoll , Bogart, Berth, Marienthal NAPES: None The motion carried. CETA/Lake County Mr. Balling stated that the Village has been awarded a grant through the Lake County CETA Program. He reviewed provisions of the grant and explained that one person may be hired with a salary up to $833 per month for 12 months in the area of code enforcement or engineering technology. He stated that the Village must sign an agreement which commits to demonstrate a good faith effort to transition the employee to permanent employment at the end of the grant. Trustee Berth moved that Mr. Balling be authorized to advertise for the position. 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. ; 4204 4/2 8/75 Bicentennial Commission Trustee Rech stated that the Bicentennial Commission will sponsor a carnival over Memorial Day weekend and requested that the $15 amusement permit fee be waived. Mr. Larson stated that Village sponsored activities are not required to pay the fee. 5. Questions from the Audience Cambridge-on-the-Lake Richard Heinrich , 635 Patton, noted that the height variation for the sixth building of Cambridge-on-the-Lake expires soon , and suggested that the developer be advised. Mr. Larson stated that he would send a letter to that effect to Richard J. Brown. Institute on Environmental Quality Trustee Rech stated that the Institute on Environmental Quality has completed a study on solid waste needs for this area and requested that a copy be obtained. Environmental Control Commission Trustee Rech reported that in observance of Earth Week, the Environmental Control Commission will be going to area schools to demonstrate environmental experiments. Flood Control Trustee Rech announced that the Soil Conservation District and the Metropolitan Sanitary District will hold a meeting on Monday, May 12, 1975, at 7:00 P.M. , at the Wheeling Municipal Building to discuss flood control in the Wheeling - Buffalo Grove drainage area. She urged Board members to attend as their input is essestial . Executive Session Trustee Rech moved to adjourn to executive session to discuss pending litigation. Trustee Driscoll seconded the motion , and upon a voice vote, the motion passed unanimously. Time: 12:30 A.M. Adjournment There being no further business to discuss , Trustee Berth moved to adjourn. Trustee Marienthal seconded the motion, and upon a voice vote, the motion passed unanimously. Time: 1 :00. A.M. Respectfully submitted, Village Clerk PASSED AND APPROVED this day of , 1975. GICIA-4/A-4( APIANLY__ Village President