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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