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1970-03-23 - Village Board Regular Meeting - Minutes 1915 3/23/70 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 23RD, 1970, AT THE MUNICIPAL BUILDING, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS The President called the meeting to order at 8: 07 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 Raysa, Village Attorney; and Murvyn Sisson of Hattis Engineers, Village Engineers. 1. APPROVAL OF MINUTES OF MARCH 9TH Trustee Cimaglio moved that the minutes of March 9th be approved as written. Trustee Gleeson seconded the motion. Upon roll call, the motion carried unanimously. 2. WARRANT #183 Warrant #183 in the amount of $14, 981. 24 was readby Trustee Gleeson. Trustee Gleeson moved that Warrant #183 be approved as read. Trustee Cimaglio seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. 3. WARRANT #184 Warrant #184 in the amount of $31, 868. 72 was read by Trustee Gleeson. Trustee Gleeson explained the nature of this warrant in that it is a transferance of funds. Trustee Gleeson moved that Warrant #184 be approved as read. Trustee { Cimaglio seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. 4. WATERWORKS WARRANT #61 Waterworks Warrant #61 in the amount of $4, 105. 91 was read by Trustee 1916 3/23/70 Gleeson. Trustee Gleeson moved that Waterworks Warrant #61 be approved as read. Trustee Fabish seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. 5. LEGISLATIVE COMMITTEE REPORT President Thompson stated that action on the Legislative Committee report would be taken under "old business" . 6. $4 MILLION BOND ISSUE Mr. Brogan of Northern Securities Corporation then reported on the status of the sale of the $4 million bond issue. He stated that he is not requesting an extension at this time but hopes to be able to bring in the earnest money within a week. Discussion followed. 7. PUBLIC RELATIONS COMMITTEE Upon a query by Trustee Felten, Trustee Armstrong stated that the Public Relations Committee was holding a meeting on Tuesday, March 24th. 8. LETTER FROM COMMUNITY CONSOLIDATED SCHOOL DISTRICT #21 President Thompson then read a letter received from Mr. Kenneth Gill of Community Consolidated School District #21 in regard to multiple units and their impact on the schools. OLD BUSINESS 9. CONTRACTS WITH BUFFALO UTILITY COMPANY AND GREGG BUILDERS President Thompson stated that the principals of the Buffalo Utility Company were present, i. e. , Messrs. Frank and Dorner. Also present was Mr. N. Greenbaum, Attorney for the Buffalo Utility Company. The President stated that the Buffalo Utility Company wishes to with- draw the agreement for re-zoning of the land on which the sewage treatment plant now sits as there seems to be some controversy about it. He further stated that the Buffalo Utility Company will apply for the re-zoning for that property through the normal channels. President Thompson stated that each member of the Board had received a draft of the Option Agreement between the Village and the Buffalo 1917 3/23/70 Utility Company and the Agreement between the Village and Gregg Builders, said drafts dated March 13, 1970. Attorney Raysa then pointed out several changes which have occurred since that draft. They are as follows: Option Agreement On page 3 of the agreement in the first paragraph, the words "in consideration of the parties hereto entering into an 'Agreement for Rezoning' of even date herewith" have been deleted. Mr. Raysa stated that the Utility Company takes the position that the Village ' s original agreement to buy the Utility Company was in November, 1968 and that the Village would have had by December 31, 1970, a period of two years within which to buy the Company at the $1, 350,000 price. He further stated that, therefore, they want the ending date of the option period to be December 31, 1970. Mr. Greenbaum stated that once the Village would exercise the option then there would be a period of 120 days in which to complete the sale which would bring it to May 1, 1971. Discussion followed. On page 8, the last four lines beginning with "or (c) " should be deleted. Attorney Raysa stated that a new page 15 has been given each of the Board members and that the terminology in paragraph 24 (3) has been changed to make it easier to understand. Discussion Followed. Attorney Raysa stated that a new page 19 has been given each of the Board members, as the words "for a period of twenty years" was left out of the first paragraph and should be inserted. Attorney Raysa stated that in the Purchase Agreement which is attached to the Option Agreement there is a change on page 3 paragraph (a) in which it is stated "described on Exhibits A and C" -- the words "and C" should be deleted from that paragraph. Discussion followed. President Thompson declared a recess at 9: 05 P.M. The President called the meeting back to order at 9: 30 P.M. 1918 3/23/70 Agreement Attorney Raysa stated that on page 1 in the 3rd paragraph the word "underground" should be stricken so that storage of water is not limited to under ground storage. Attorney Raysa stated that a new page 4 has been given each of the Board members and that there is an insert which starts after the words "other public or private purpose" in paragraph 4. Mr. Raysa explained the insert. Mr. Raysa stated that a new page has been given for page 5 and that there is a correction on that -- the word "underground" should be deleted from the first line. Mr. Raysa stated that a new page has been given for page 7 as there is an insert in paragraph 9, 5th line after the words "project area" . There is a typographical error on page 8, paragraph 10 -- it should read "option granted to it in paragraph 2" rather than paragraph 1. Mr. Raysa stated that a new page has been given for page 9 as there is a paragraph 13 inserted on that page. Attorney Raysa stated one other change is a letter addressed to the Buffalo Utility Company from the Village of Buffalo Grove which would have to be executed acknowledging the four lawsuits which are pending. President Thompson read that letter. Attorney Raysa stated that with the cross connections being made the MSD suits would be dropped. Discussion then followed on the ending date of the Option Period. Trustee Gleeson stated that the village would like to have a May 1st cut off date on the option agreement with 45 days after that to trans- fer titles. Mr. Greenbaum stated that he would prefer to make the period in which to transfer titles a 60 day period. Trustee Gleeson stated why not make it a May 1st cut off date with sixty days after that in which to transfer titles. Mr. Dorner stated that the original purchase agreement is dated November, 1968 and that the terms were actually agreed to in July, 1968. He stated that from that date until the end of 1970, we are talking about a 22 year period and that there have been a lot of changes and increased costs since that first meeting. Trustee Gleeson stated that the Village cannot exercise its ' option until the Bond market breaks and asked if a provision could be made 1919 3/23/70 for another sixty days and extend the ending date of the option period to February 28, 1971 with a sixty day period after that in which to complete the sale. Mr. Dorner conferred with the other representatives involved and stated that they would be agreeable to the February 28, 1971 ending date with the sixty day period after that, with the stipulation that the contracts would be signed tonight. President Thompson stated that the following changes would then be made: paragraph 1 (a) of the option agreement between the Buffalo Utility Company and the Village would be changed to show the time period going from July 1, 1969 and ending on February 28, 1971. In paragraph (4) on page 16, it would read "changed to read that date which is 60 days" rather than 120 days. Paragraph (3) on page 16 would be deleted. President Thompson then reviewed the agreements and pointed out all the changes. Discussion followed. Attorney Raysa stated that he would prepare a resolution authorizing the execution of the contracts. 10. LETTER FROM AMERICAN CANCER SOCIETY -- PRESIDENT' S PROCLAMATION President Thompson stated that he had received a letter dated March 19, 1970 from the American Cancer Society. He then read the letter. The President stated that he would proclaim the week of April 12, 1970 as Cancer Crusade Week in the Village of Buffalo Grove and urged the cooperation of every citizen. The President asked that the Board concur in this proclamation. Trustee Cimaglio moved that the Board concur in the President' s action. Trustee Armstrong seconded the motion and it carried unanimously. 11. WHEELING PUBLIC LIBRARY DISTRICT Trustee Fabish stated that he had attended the Wheeling Public Library District' s meeting on Thursday where they discussed their referendum of April 4th. He stated that they will more than triple the size of their present location and there would be adequate parking at the new location. Trustee Fabish advised the citizenry to go out and vote April 4th from 12 noon to 6: 30 P.M. 1920 3/23/70 12. RESOLUTION #R-70-10 -- AUTHORIZING EXECUTION OF BUFFALO UTILITY COMPANY AND GREGG BUILDERS AGREEMENTS President Thompson then read Resolution ##R-70-10 which is a resolution authorizing the execution of the Option Agreement between the Village and Buffalo Utility Company, the agreement between Gregg Builders and the Utility, and the letter to the Buffalo Utility Company acknowledging the several pending court actions. Li Trustee Felten moved to pass Resolution #R-70-10 . Trustee Gleeson seconded the motion. Upon roll call, the vote was as follows: AYES: Trustees Felten, Gleeson, Thorud, Armstrong, Fabish, Cimaglio NAYS: None The motion carried. President Thompson declared a recess at 10: 15 P.M. for the purpose of executing the agreements. The President called the meeting back to order at 10: 35 P.M. 13. WATER CONTROL ORDINANCE (SPRINKLING LIMITATIONS) -- LEGISLATIVE COMMITTEE REPORT Trustee Felten moved to table discussion on the Water Control Ordi- nance until the Board has time to digest the Legislative Committee' s report and make a comprehensive study of the whole ordinance. Trustee Gleeson seconded the motion. Discussion followed. Trustee Felten moved to amend his motion that this ordinance be discussed at the next regular Board meeting which is April 6th. Trustee Gleeson amended his second. A vote was taken with the following results: AYES: Trustees Felten, Gleeson, Thorud, Fabish NAYS: Trustees Armstrong, Cimaglio The motion carried. v 14. PROPOSED AMENDING OF WATER RATE ORDINANCE Trustee Gleeson moved that the Village Attorney be directed to con- tact Mr. Edward Benjamin of Benjamin & Lang, financial consultants for the Village, and do some correcting to the Water Rate Ordinance, 1921 3/23/70 Trustee Gleeson made the following suggestions: Section 14 should be deleted; Section 21 should be changed to prescribe a flat fee during construction, recommended fees will be based on valuations of the construction -- Construction up to $29, 999 -- $17. 50 $30,000 to $49,000 -- 18. 50 $50 ,000 to $74, 999 -- 20 .00 $75, 000 and up -- $20.00 plus $. 25 per thousand valuation over $75, 000 Said flat fee would cover water usage until the meter is set, after which time normal billing procedures will follow. Trustee Gleeson suggested a separate rate structure on multiple family units. Also, that any future multiple family construction be limited to not more than ten units to the meter, the unitizing effect is that they would be charged $3. 00 minimum for the first unit, $2. 75 for each of the other nine units and for that first sum of money they would receive 30, 000 gallons of water; for the next 50 ,000 gallons, they would be charged $ . 85 per thousand; for the next 120,000 gallons they would be charged $ . 65 a thousand. The $ .45 a thousand rate would be eliminated from the ordinance completely for both multiple and single family. Maintenance of the current sewer rate for multiple dwelling units which is 75% of the water rate. Trustee Felten seconded the motion. Discussion followed. Upon roll call, the motion carried unanimously. 15. BUFFALO GROVE DAYS REPORT In response to a query by Trustee Cimaglio, Trustee Felten stated that he had still not contacted Mr. Rubino, Chairman of Buffalo Grove Days. NEW BUSINESS 16. MOTOR FUEL TAX RESOLUTIONS President Thompson asked that the item listed under new business on the agenda referring to Motor Fuel Tax Resolutions be deferred until the next regular meeting. 1922 3/23/70 17. ADJOURNMENT Trustee Cimaglio moved to adjourn the meeting. Trustee Fabish seconded the motion and it carried unanimously. .)" / Village Clerk Approximately 10: 50 P.M. APPROVED THIS DAY OF , 1970 . Village sident