1967-07-24 - Village Board Special Meeting - Minutes 1110
MINUTES OF A SPECIAL MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, STATE OF
ILLINOIS, HELD MONDAY, JULY 24, 1967, AT THE MUNICIPAL SERVICE
CENTER, 150 N. RAUPP BLVD. , BUFFALO GROVE, ILLINOIS
The President called the meeting to order at approximately 8:15 P.M.
All present stood and recited the Pledge of Allegiance to the Flag.
The Clerk called the roll and the following were found present:
President Thompson; Trustees Huxhold, Wilhelm, Lewis, Felten, Gleeson,
Thorud
President Thompson stated that we would proceed with the opening
of the bids received on the construction of the Bridge on Raupp Blvd.
Three bids were received. Upon opening of the bids, it was noted
that none of the firms had submitted a pre-qualification sheet as
required by the State of Illinois. Trustee Gleeson moved that the
Board waive the pre-qualification certificate in order to read and
accept the bids contingent upon receipt of the pre-qualification
certificate. Trustee Thorud seconded the motion and it carried
unanimously.
President Thompson then read the three bids. They are as follows:
Milburn Brothers, Inc. $42,172. 27
Eric Bolander Construction Co. $64, 385. 62
Lakeland Construction Co. , Inc. $38, 970. 00
Trustee Wilhelm moved that we refer the bids to the engineer for
computation. Trustee Gleeson seconded the motion and it carried
unanimously.
Warrants #115 and # 9 were then read by Trustee Gleeson. Warrant #9
being a warrant on the Waterworks Fund. Trustee Gleeson moved that
the warrants be accepted as read. Trustee Lewis seconded the motion
and it carried unanimously.
Mr. Thrawl, a sales representation from Motorola, Inc. then made
a presentation of the proposed radio system to be considered for
the Civil Defense program. The order which includes one remote
base station, one encoder and thirty-eight alert monitor receivers
1111
would total $10, 599. 00. Financed through a division of Motorola,
the total contract price would be $13, 859. 00 with a downpayment of
$500. 00 and 60 payments of $221. 00 each. Maintenance for this
equipment would be an additional charge.
Trustee Gleeson stated that the Finance Committee had budgeted for
this equipment to be purchased this way because the Finance Committee
feels that the funds totally available to the Village could be put
to many other purposes and felt it was important to have this system.
The total first year outlay comes out to slightly less than anticipated.
Trustee Wilhelm stated that there is no doubt in his mind that this
is probably the equipment we should have and that Motorola seems to
have the equipment preferred by most Departments. He also stated
that we are purchasing $10, 599. 00 worth of equipment and paging
$13, 859. 00 for it. It is only in the area of financing that he
would object to the signing of the contract. Trustee Wilhelm then
moved that this Board inquire with three local banks and see if we
can obtain a lower interest rate on this equipment to be reported
back at the next Board meeting for action. Trustee Lewis seconded
the motion and it carried unanimously.
President Thompson then thanked Mr. Thrawl for his time and stated
that we would contact him very shortly after the next Board meeting.
Mr. Thrawl asked if the Board could approve the purchase of the
equipment so that he could get the order processed. Trustee Wilhelm
then made a motion to purchase the Motorola equipment discussed
to be financed by the means that would be decided upon at the next
meeting; the total purchase price to be $10, 599. 00 plus finance
charges. Trustee Lewis seconded the motion and it carried unanimously.
President Thompson then stated that the bids on the Bridge have been
gone over by Engineer Hooper and the representative from the State
Highway Department and are shown to be correct. Trustee Lewis made
a motion that contingent upon receipt of the pre-qualification certi-
ficate we accept the bid from Lakeland Construction Company, Inc.
for $38, 970.00 subject to the approval of the State. Trustee
Wilhelm seconded the motion. Several of the Trustees then expressed
a desire to look at the plans for the Bridge and President Thompson
called a recess at 8: 55 for five minutes.
The meeting was re-called to order at 9:00 P.M.
Upon roll call the vote was as follows:
AYES: Trustees Huxhold, Wilhelm, Lewis, Felten, Gleeson, Thorud
NAYS: None
The motion carried.
//
1112
A Plan Commission report was then read by President Thompson.
The Plan Commission recommends approval of the final plat of Unit
Six Cambridge Countryside. The Plan Commission also noted that
the Buffalo Utility Company again failed to be present so the
matter of the first lift station was postponed until August 23rd.
Alex Stasal, Chairman of the Plan Commission, stated that approxi-
mately March 6th the Buffalo Utility Company requested a special
use permit to put in a lift station at Golfview and Buffalo Grave
Road. This matter has been continued until they show up at a
meeting.
The President then stated that pertaining to the final plat of
Unit Six for Cambridge Countryside the Village Attorney has re-
quested certain provisions to be placed in this plat to protect
the Village of Buffalo Grove. President Thompson read the easement
provisions for Illinois Bell Telephone Company, Commonwealth Edison
Company, Northern Illinois Gas Company prepared by the Attorney.
Trustee Wilhelm moved that the wording as requested by the Village
Attorney be approved as read. Trustee Lewis seconded the motion
and it carried unanimously.
President Thompson stated that upon the advice of the Attorney
two ordinances have been prepared which would affect the water and
sewage easements in Cambridge Unit Six. These ordinances have been
discussed with the Buffalo Utility Company and it is the President' s
understanding that they are in agreement with them and will accept
the provisions therein. It is the understanding of the Village
Attorney that it is in the best interest of the Village for the Board
to approve these ordinances.
President Thompson read Ordinance #0-67-22 which is an ordinance
granting franchise to the Buffalo Utility Company for sewer system
and treatment plant for Unit Six of Cambridge Countryside.
Trustee Wilhelm asked if we could waive the formality of a motion
for purposes of discussion. President Thompson stated that would
be all right. Trustee Wilhelm stated that his only interest is
that the development will proceed in accordance with the pre-annexation
agreement. Trustee Wilhelm asked if we are waiving the right to
the procedural hearings on the establishment of a site for a sewer
treatment plant with this ordinance. President Thompson stated that
we are not. President Thompson stated that the purpose of this
ordinance is to try and control the streets and areaways used by
the Utility Company not to get money out of them, place them in an
awkward position or put them out of business.
Alex Stasal ask if there were any way to get service from the Utility
Company for Villagers. President Thompson stated that we cannot dis-
cuss that matter because this is a Special Board Meeting and that we
//// `'
1113
have no authority over the Buffalo Utility Company -- their authority
is the Illinois Commerce Commission.
President Thompson stated that the ordinance calls for the fact
that the Buffalo Utility Company will have to show that they are
up to specifications with their plant. John Hooper, the Village
Engineer, stated that at the suggestion of the President, Consoer,
Townsend made a study and showed that the sewage treatment plant is
capable of treating a population of 5, 000 and that he suspects we
are something in excess of 5, 000 at the present time. President
Thompson stated that he had met with Mr. Brown and Mr. Ancel,
Mr. Brown' s attorney, and discussed some of the qualifying points
of the acceptance of the Cambridge plat in relation to the ability
of the Buffalo Utility Company to service them. They state that
they have a contractual agreement with the Buffalo Utility Company.
In order to alleviate the rumors, I felt it would be in the best
interest of the Village to get the necessary information from the
Buffalo Utility Company as to their plans for upgrading their
facilities for the increase in population that will come. Presi-
dent Thompson stated that he would recommend the Plat for Unit Six
be accepted contingent upon the ability of the Buffalo Utility Company
to service the area involved. Mr. Brown has furnished the Village
with a list of homes that he will build first and if upon completion
of those homes the Buffalo Utility Company has not furnished the
Village with additional information, we would not be able to fur-
nish the Richard J. Brown Associates with building permits.
Trustee Gleeson moved that Ordinance #0-67-22 be approved. Trustee
Wilhelm seconded the motion.
Trustee Wilhelm stated that he would like to discuss something of
this magnitude when the Attorney is present and would like to have
a copy of the Ordinance before each Trustee. President Thompson
stated that the Ordinance is beinglpresented in this manner because
of the time element involved in order to accommodate Mr. Brown in
the best way we can. Trustee Wilhelm stated that he does not want
to hinder Mr. Brown but that this is too big a thing to enter into
without any of the Board seeing a copy of the Ordinance and suggested
that copies be made available to the members of the Village Board
and discussed with the Village Attorney and then voted on. There
are enough items that I feel are questionable to warrant the tabling
of this matter until we have time to discuss it.
Mr. Levine, Attorney for Richard J. Brown Associates, stated that
he had discussed this with the Village Attorney, Richard Raysa. The
Buffalo Utility Company would like to have a franchise covering the
Village and whatever properties might be annexed to the Village. The
Loi
1114
Village is not in a position to prepare an Ordinance of that magni-
tude and, therefore, it was decided to prepare an Ordinance just
covering Unit Six of Cambridge Countryside. Mr. Raysa is anxious
for the Board to adopt such an ordinance before accepting the Plat.
Mr. Levine also stated that while listening to the reading of the
Ordinance that it certainly sounds like a standard franchise agree-
ment.
Upon roll call the vote was as follows:
AYES: Trustees Huxhold, Lewis, Gleeson, Thorud
NAYS: Trustees Wilhelm, Felten
The motion carried.
President Thompson then read Ordinance #0-67-23 which is an
Ordinance granting franchise to the Buffalo Utility Company to
supply water for Unit Six in Cambridge.
Trustee Huxhold stated that he now feels that he would like to go
along with Trustee Wilhelm and get a copy of the Ordinance and be
able to read it and adjourn to another date. The Buffalo Utility
Company has been a problem with us for a number of years and
he does not feel that it would be right to vote on the Ordinance
without further discussion. President Thompson stated that the
Plat as submitted shows easement to the Buffalo Utility Company
and we would have to deny the Plat on the basis of easement.
Mr. Brown stated that when the final plat for Unit Five was pre-
sented for final approval, Attorney Raysa commented that he wanted
the Buffalo Utility Company to have a franchise. The other utilities
have easements recorded on the plat but they are franchised to
operate in the Village while the Buffalo Utility Company does not
have a franchise. Attorney Raysa felt it very important to franchise
the Buffalo Utility Company. Trustee Thorud stated that this fran-
chise does give us a legal recourse that we did not have before.
Mr. Levine stated that this is an Ordinance which becomes a contract.
Trustee Thorud made a motion that we adopt Ordinance #0-67-23 as
read. Trustee Gleeson seconded the motion. Upon roll call the
vote was as follows:
AYES: Trustees Lewis, Gleeson, Thorud, President Thompson
NAYS: Trustees Huxhold, Wilhelm, Felten,
The motion carried.
Li
i
L
1115
President Thompson then stated that we would no W consider the
acceptance of Plat Six in concurence with the Plan Commission' s
recommendation. There is no doubt in the minds of this Board
that the situation between the Buffalo Utility Company and the
Village of Buffalo Grove is anything but the best and the President
feels strongly that certain qualifications should be met before we
accept this plat. President Thompson asked if we have any knowledge
as far as the Metropolitan Sanitary District permits are concerned.
Mr. Brown stated that the Metropolitan Sanitary District has the
plans but have not approved them as yet. President Thompson stated
that we require Village Officials signatures on the applications
for permits to the Metropolitan Sanitary District and these have
not been signed as yet. John Hooper, the Village Engineer, stated
that the problem in this particular area is drainage.
Mr. Levine, Mr. Brown' s Attorney, stated that Unit Six is so laid
out in terms of flood water patterns, the problem is working out
the drainage in neighboring areas. Discussion of drainage problems
in the area followed.
Mr. Levine stated that Richard J. Brown Associates have been dealing
with this specific area with the Village of Wheeling and have every
anticipation of an arrangement being worked out. John Hooper stated
that the way the sewers are designed they will destroy themselves
and then the Village would have to replace them. Mr. Brown stated
that the Plat exactly parallels the preliminary plat for which
approval was received. The engineering meets the sub-division re-
quirements. The question of whether the Metropolitan Sanitary Dis-
trict approves or doesn' t approve is irrelevant to the Board' s
approval of this Plat.
President Thompson stated that a study made by Consoer, Townsend
Associates as to the capability of the Buffalo Utility Company to
handle an increase in service has been made. The Associates tells
us that the Buffalo Utility Company is capable of handling a 5,000
population and we now anticipate adding on another 250. We have
never been able to secure from the Buffalo Utility Company a com-
prehensive study as to their capability or whether they plan to in-
crease their services or whether they plan to charge the people
for this service. We must be guaranteed that the contractual agree-
ment between the Buffalo Utility Company and Richard J. Brown
Associates be capable of being carried out. The acceptance of
this Plat will be conditional to the building of the number of
houses as specified by Mr. Brown, during which time we would give
the Buffalo Utility Company enough time to give us the facts and
figures we will need to tell whether they can service this area.
We have never been able to secure this information from the Buffalo
Utility Company. We don' t like to tie up Mr. Brown, but there are
1116
certain things we must have in order to guarantee the health and
welfare of the citizens in the area. Their equipment must be main-
tained and brought up to par; this is the reason for the franchise.
It would be necessary for us to secure from the Buffalo Utility
Company a comprehensive study of what their position is because of
studies which indicate that in their present position, without some
changes in their ability to serve, they would not be able to ser-
vice this additional area in Cambridge. The building of the houses
as outlined by Mr. Brown would carry him approximately 90 days at
the end of which time, no more building permits would be issued un-
less the Buffalo Utility Company had furnished us with information
as to their capability to service these additional homes.
Trustee Gleeson made a motion that the Plat for Unit Six be approved
with instructions to the Building Commissioner that no permits be
issued beyond the lot numbers specified contingent upon completion
of the study of the Buffalo Utility Company and solution of the
drainage situation by Mr. Brown. Trustee Felten seconded the
motion. Trustee Gleeson amended his motion to include the following:
the storm sewers be installed so that they won' t destroy themselves.
Trustee Felten withdrew his second. Trustee Wilhelm brought up the
question of street lighting and Mr. Brown stated that that is the
responsibility of the developer under the pre-annexation agreement,
but that since the people in the area seem to like the gas lighting
he would assume that Brown Associates would go ahead with the same
type of lighting. Mr. Brown also stated that the agreement for
gas lighting was for the first five units and the Village Board
would have to approve the gas lighting for any additional units.
Trustee Thorud then seconded Trustee Gleeson' s amended motion and
it carried unanimously.
President Thompson stated that all of the discussion has been for
no other reason than for the Village Board of Buffalo Grove to
exercise their duty not only for the citizens of Buffalo Grove,
past and future, but the citizens of surrounding areas. This Board
would be happy to meet with the Village Board of Wheeling to
straighten out the situation of the drainage problems.
Trustee Gleeson then presented and explained Ordinance #0-67-24
which is the annual appropriation ordinance. Trustee Wilhelm
moved that Ordinance #0-67-24, the appropriations ordinance, be
passed. Trustee Lewis seconded the motion and upon roll call the
vote was as follows:
AYES: Trustees Huxhold, Wilhelm, Lewis, Gleeson, Thorud
NAYS: None
ABSTAIN: Trustee Felten
The motion carried. j//
U I,
1117
Trustee Lewis reported that the Traffic and Safety Committee had
met and they, along with Chief Smith, recommend that a three way
stop be installed at Golfview Terrace and Raupp Blvd. Trustee
Lewis made a motion that we instruct our Village Attorney to draw
up the necessary ordinance for these two stop signs as well as five
additional stop signs for streets entering Arlington Heights State
Road. Trustee Wilhelm seconded the motion and it carried unanimously.
l , Trustee Lewis reported that he had met on Friday, July 21st, with
Mr. Lou Ancel, Mr. Levine, Richard Raysa and a representative from
Benjamin and Lang relative to the purchase of the golf course now
being constructed in Buffalo Grove. Trustee Lewis made a motion
that the Village Board instruct its ' attorney to cooperate with
Mr. Lou Ancel and Benjamin and Lang by providing information
necessary for the investigation of the purchase of an 18-hole Golf
Course being constructed in Buffalo Grove. Trustee Huxhold seconded
the motion and it carried unanimously.
Trustee Huxhold suggested that Trustees get a copy of things like
the Ordinances which we passed tonight before Board meetings.
President Thompson stated that he realized this should have been
done but that he himself, had only received them at two o ' clock
in the afternoon.
President Thompson then made a report to the Board on activities
he had been engaged in during the past week. Last Tuesday, a com-
plaint had been filed by a person or persons unknown to the Metro-
politan Sanitary District of a stench in this particular area of
the Park. The Metropolitan Sanitary District sent their repre-
sentatives out to investigate and in trying to find out the source
of the odor had checked the sewage treatment plant, the creek and
opened up a cover and found raw sewage in the sewer system of the
Buffalo Grove Municipal Utility Company now under construction.
The representatives of the Metropolitan Sanitary District fully
intended to return to their offices and enjoin the Village to
bring this into line and conform. My immediate thought was that
they would encumber this Village from further construction of the
waterworks for the next three to six months. I took steps to find
out what it was they felt was wrong and see how we could take care
of the situation. Mr. Hooper and myself, in going over the situation
feel sure that the sewage had to be induced into our system by per-
son or persons unknown. The fact still remained that in the Ballantrae
area, the Metropolitan Sanitary District felt we had exceeded our
ability to service the area and would still enjoin. We would have
///
1118
to not allow any additional occupancy permits in Ballantrae until
the sewage system was running and okayed by the Metropolitan Sani-
tary District. It was estimated that George Hardin still has
about sixty days of work remaining until the interceptor sewer
of the Metropolitan Sanitary District will reach Buffalo Grove Road
and Hintz. It appeared that the installation of a temporary line
which had been anticipated six months ago would have to be made.
I took it upon myself as an emergency measure to issue notice to
lv, Ballantrae and Levitt and Sons that until further notice we would
not be able to issue any occupancy certificates to those areas.
We would start laying the temporary line and then be pumped down
and tested and finally accepted by the Metropolitan Sanitary Dis-
trict. I went ahead and issued the stops to Ballantrae and Levitt
and Sons and instructed Mr. Hooper to stop the pumps and begin with
Mr. George Watson of Kuch and Watson, to get the necessary papers
and get the necessary electrical connections made to service the
area. The permits were secured today. I did not want to usurp
the powers of this Board, but something had to be done. I have
thus far paid out of Petty Cash Funds a sum of $58. 03 for a tem-
porary electrical connection which had to be made. The cost of
laying the temporary line will be between $8,000 and $10. 000.
Trustee Gleeson made a motion to uphold the process taken by the
President in order to ascertain the speedy and proper treatment of
the situatiorr and concur in the action taken pertaining to Ballantrae
and Levitt and Sons; and approve the expenditure of $58. 03 for tieing
into the Metropolitan Sanitary District. Trustee Felten seconded
the motion. The motion carried unanimously.
President Thompson stated that he wanted to thank John Hooper, the
Village Engineer, publicly for his willingness to cooperate.
Trustee Thorud made a statement to the effect that the Village is
now fully covered by insurance.
Trustee Huxhold made a motion to adjourn, Trustee Gleeson seconded
the motion and it carried unanimously.
Respectfully submitted,
Village Jerk
Approximately 11: 35P.M.
V
1