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1966-09-01 - Village Board Regular Meeting - Minutes 918 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE, ILLINOIS, HELD THURSDAY, SEPTEMBER 1, 1966, AT THE MUNICIPAL SERVICE CENTER, 150 N. RAUPP BLVD. , BUFFALO GROVE, ILLINOIS. The meeting was called to order at approximately 8:25 p.m. j v All present stood and recited the Pledge of Allegiance to the Flag. The Clerk called the roll and the following were found present: President Farrington; Trustees, Huxhold, Marsh, Wilhelm, Lewis, Palmer ABSENT: Trustee Weiskopf Trustee Palmer moved the minutes of the meeting of August 4, 1966, be approved as submitted. Trustee Lewis seconded the motion and it was unanimously carried. In the absence of Trustee Weiskopf, President Farrington read Warrant #104. It was moved by Trustee Marsh and seconded by Trustee Palmer that Warrant#104 in the amount of $6,829.78 be approved for payment. On roll call the motion was unanimously carried. In the absence of the Treasurer, Trustee Lewis read the Treasurer' s report. Cash in bank at the end of August was $24, 151.37 . Receipts totaled $6,738.47 . Accumulated MFT allotment is $85, 667 .20 . Chief Page then gave the Police Department Report. Total hours worked by personnel of the Department were 1876; 129 complaints requiring written reports were handled. Chief Page publicly commended Officer Frank Harth for the way in which he handled an arrest that resulted in a conviction for two burglars from Kenosha, Wisconsin. Chief Wayne Winter then gave the Fire Department Report. 919 He stated there were a total of 405 hours worked consisting of business meetings, training sessions and practice calls . The siren will be sounded at 6:00 p.m. starting with Sep- tember 2nd. Alex Stasal then gave the Plan Commission report. He stated the Northeastern Illinois Planning Commission has a display train touring Villages. He stated that Gregg Builders presented plans for a building and a plat for the first group of buildings to be built in Unit 7 . He stated there was quite a variation so it was suggested that the renderings be redrawn and resubmitted as a planned development. There was no formal Park report but Mr. Lewis stated a report will be made on the park program held this summer. There was no Finance Committee report. Trustee Palmer, Chairman of Public Improvement Committee stated that bridge has been recovered by two layers of lumber and the approaches have been blacktopped. He stated that it has been submitted to the County as an emergency repair and there is a chance that the new bridge will be put in this year. OLD BUSINESS Discussion was had on the requirements for concrete drive- ways to be put in at the Medical Center. Mr. Hooper stated that he thought the requirements should be waived for that portion of the driveway apron that would be eventually torn up for the widening of Dundee Road which is inevitable in v the future. The Ordinance requiring such concrete aprons was to be gone over to determine whether a variation can be made. Mr. Hooper then stated that he attended the meeting with 9/7 920 the Metropolitan Sanitary District and the Wheeling Officials. He stated the discussions centered around an area which is "back" of the railroad tracks. He stated Wheeling would like to put in a retention pond and would like the Sanitary District to pay a portion of the bill. He stated that the District will take it under advisement; therefore, there was no actual decision made at the meeting. The Village of Buffalo Grove has no concern with that area. He stated the District is making a comprehensive county-wide study to determine the causes of drainage problems. Mr. Nelson, a representative of the Medical Center Contractor, is due to arrive and discussion of the setback will be had upon his arrival. NEW BUSINESS President Farrington stated the Village is in receipt of a letter from King' s Terrace earmarking $112,000.00 at Olympic Savings for the improvements in the unimproved portions of Unit 6. The letter was given to the Village Engineer and Village Attorney for their respective opinions i.e. , to substantiate the amount and legality. Two letters were then read from Meritex Corporation. One letter asked for a variation or amendment to the Building Code regarding the porch overhang on one of the Model Homes. Mr. Venetianer had written his approval from design stand- point and Mr. Hooper felt that neither a variation or an amendment was necessary since it was not a header that was in question. The other letter dealt with the section of the Building Code concerning grouting in the plates. The Building Commissioner had stated it would be acceptable provided full steel shims are used under each stud where leveled bottom plate does not meet concrete foundation. Mr. Hooper was to give his opinion. Li President Farrington then stated that some time ago there was a discussion on the feasibility of re-opening the discussions on acquiring Buffalo Utility Company. He // 921 stated since about mid-June, meetings have been had to discuss the cost. He stated the asking price was about two million dollars and the Village was offering one million dollars. He stated that it seems now the basic price for the Utility Company is one million three hundred thousand dollars and seems to be the maximum that the will come down. He stated there is some question as to whether the Utility is worth that on paper, but worth on paper does not reflect all of the problems and considerations in a negotiated price. He stated when negotiations were started the financing market that prevailed would have allowed bonding at approximately a million and a half dollars, but now after refining all the details, the maximum bonding power of the Village for the Utility at this time is $875,000 .00 . He stated that J. Nuveen and Company, a highly recognized bonding house in the United States has given this estimate. They are not interested in growth but rather in the amount available for debt retirement. He stated presently we are seeking means of financing in addition to bonding and Mr. Siegal, an attorney well versed in utility acquisitions, is to give a report within two weeks. President Farrington stated that at that time we should hopefully be able to decide whether (1) we can acquire the Utility, (2) whether it is feasible at this time, (3) whether we should pursue condemnation, and (4) whether it should be given up. Trustee Marsh then stated that the Board should be made aware of the Quo Warranto suit by Buffalo Utility Company. Mr. Raysa stated there is not a suit at this time, they merely sent a letter to the State ' s Attorney asking him to file such a suit. Trustee Marsh stated he felt it is being done in an attempt to halt the development of a municipal utility in Buffalo Grove. He stated in his opinion it becomes clear that there is no point in attempting to negotiate further with Buffalo Utility. We have sat down over the years attempting to work out every possibility that would put the Utility in the hands of the Village. He stated the rates are exorbitant and perhaps they would not be reduced over- night but eventually they would be. He stated that since the asking price is so high, there is really only one avenue open to the Village and that is condemnation. He stated he would therefore move that the Board instruct the Village Attorney to file a declaratory judgment action for 922 the ownership of the underground and follow it by a condemnation suit against Buffalo Utility and that the Board authorize retention of co-counsel; namely, Jack Siegal. Trustee Palmer seconded the motion. Discussion ensued. Mr. Raysa stated that the ownership of the lines would come up in the condemnation proceedings . Trustee Palmer asked that the maker of the motion amend his motion to leave off the declaratory judgment action. Following discussion, Trustee Marsh amended his motion to strike that portion that refers to the declaratory judgment. Trustee Lewis then questioned how such a suit would affect the acres of land which are not yet developed which will need water. He questioned whether they could refuse to service them. Mr. Raysa stated they should continue to service areas they are certified for but if the Utility would not fulfill their contracts the Village would have to fulfill them. President Farrington then stated that he is sure he will be the only one who will agree with what he is going to say. He stated that it comes as no surprise that Buffalo Utility would attempt to stop the Village utility since from the inception of Glen Grove it was apparent that they would try to stop such a municipal utility. He stated he would ask that no condemnation action be taken for a week or two until such time as we have the opinion of Mr. Siegal. He stated we are not sure whether we have the ability to finance court costs and legal fees involved and we do not know what effect it would have on the builders or on the medical center. He stated we should wait until Trustee Weiskopf can determine financially whether we are able to finance a suit. He stated he feels it is encumbent upon the Board to wait for certain answers before getting emotional. He asked the maker of the motion to withdraw his motion. Trustee Marsh stated it is not a case of emotionalism but merely an acceleration of the acquisition of the Utility. /i ill J ,<- 923 He stated he would not withdraw the motion. He stated he feels the more permits issued, the greater the value of the Utility. President Farrington then stated that if the suit were the wrong action, he feels the results would be so great that they could not be gone back on. He stated he feels that it is a general rule of thumb that the bonding power expands as the utility expands . Trustee Huxhold stated that he felt we should make one last offer at a purchase price in writing asking them for a reply in writing and if they refuse, to proceed with the condemnation. He asked that the maker of the motion withdraw his motion and hold back for two weeks to see what transpires. Trustee Wilhelm stated he would like to go along with condemnation, but in view of the fact that there is more information forthcoming and in view of the fact that it would stop building and in view of the fact that we may be unable to pay legal fees he would much rather wait until we get the information from Mr. Siegal. He further stated that he did not think the Utility Company is not bargaining in good faith. Thereupon Trustee Huxhold moved to table the motion of Trustee Marsh. Trustee Lewis seconded the motion and on roll call the vote was as follows: AYES : Trustees Huxhold, Wilhelm, Lewis NAYS : Trustees Marsh, Palmer Trustee Marsh then stated he is sorry to see that many do not have the courage to follow their convictions. Mr. Farrington then read a letter from Gregg Builders requesting a public hearing for a special use on the land 7 924 zoned as R-9 on the corner of Buffalo Grove Road and Golfview Terrace. It indicated that the ownership was Chicago Title and Trust Co. , Trust #42809. The Attorney was instructed to prepare the necessary legal notice for the newspapers. Mr. Raysa then stated that it should be made a requirement that the beneficial owners of the trust are made known to the Village. Trustee Marsh moved that any petition for rezoning or zoning be identified as to the actual owners and/or developers, this identification to be made known prior to any notice of or actual public hearing on the property and that this particular application from Gregg Builders be included. Trustee Huxhold seconded the motion and it was unanimously carried. President Farrington instructed the Plan Commission to write a letter to Gregg Builders notifying them of this . An escrow agreement was then read from Meritex Corporation dealing with their house on Lot 330. The amount was $100.00 which is being posted so that when the house is sold to an individual owner the proper fireproof door is installed between the living area and the garage. At the present time the door is not there since the garage is being used as an office. Trustee Wilhelm moved we accept the escrow agreement in the sum of $100 .00 for Lot 330 from Meritex Corporation. Trustee Palmer seconded the motion and it was unanimously carried. The Tax Levy Ordinance was then read by Trustee Marsh. Thereupon, Trustee Wilhelm moved that Ordinance 0-66-20, being the Tax Levy Ordinance, be approved as read. Trustee Lewis seconded the motion and it was unanimously carried. Upon the recommendation of the Police and Traffic Committee, William Gahart was appointed by President Farrington as Sgt. , Juvenile Division. It was moved by Trustee Marsh and seconded by Trustee Lewis that the appointment be confirmed. The motion carried unanimously. At the request of James Markette, President Farrington accepted his resignation from the Police Department pending 925 Board ratification. Trustee Marsh moved the resignation be accepted. Trustee Wilhelm seconded the motion and it was unanimously carried. President Farrington then stated he had received a letter from George Krug requesting that his resignation be accepted as Chairman of the Plan Commission. President Farrington stated it is difficult to accept a resignation from someone who has given as much time to the Village and worked for the Village as George Krug. He has been active for approxi- mately 6 years, working on the Plan Commission, representing hundreds and hundreds of hours . He stated Mr. Krug indicated that when his time is again such that he will be able to donate some to the Village he will do so. Trustee Huxhold stated he would reluctantly move that the resignation be accepted. Trustee Palmer seconded the motion and it was unanimously carried. Trustee Marsh then stated that he thought it would be in order to pass a resolution commending Mr. Krug and thanking him for his time. President Farrington stated he would be happy to prepare such a resolution. President Farrington then stated that it was the recommendation of George Krug that Alex Stasal be appointed as Chairman of the Plan Commission. Thereupon, President Farrington appointed Alex Stasal as Chairman of the Plan Commission. Trustee Wilhelm moved the appointment be confirmed, seconded by Trustee Marsh and unanimously carried. Upon the recommendation of the Plan Commission Chairman, President Farrington re-appointed Edward Fabish for a one year term to the Plan Commission. Trustee Marsh moved the appointment be confirmed, seconded by Trustee Huxhold and unanimously carried. Li Thereupon, the Clerk opened and read bids for the pressure tank for the Village water system. They were as follows: 926 H. C. Prather & Co. $5, 800 .00 8 to 10 week delivery Imperial Steel Tank Co. 3 ,021.00 12 to 14 week delivery Watubo Industries 2, 990.00 plus 480.00 for 24" man hole 6 week delivery Bacon Mfg. Co. 5, 213 .00 no delivery indicated There was also a bid received for the pumping station from Stannard Power Equipment Company for a Smith & Loveless Pumping Station in the amount of $14,070.00 with a 24 to 26 week delivery time. Thereupon, Trustee Marsh moved the bids be referred to the Village Engineer for his review to determine whether they meet the specification and that he report back at the next meeting. Trustee Marsh amended his motion to include awarding the bid to the lowest bidder meeting specifications. Trustee Lewis seconded the motion and it was unanimously carried. President Farrington then stated that Richard Brown had presented Unit 3 of Cambridge Countryside. Trustee Wilhelm moved that the plat be given to the Plan Commission for their recommendation. Trustee Lewis seconded the motion and it was unanimously carried. Mr. Nelson, representative of the contractor for the Medical Center, was then recognized. He explained that the reason they desire a variation on the set back requirement is that they will have to alter their parking plans and have to bring in additional fill because of the contour of the land. He stated they will then have to have parking in front of the building which they did not want to have. Mr. Hooper stated that there was no objection engineering-wise to such a variation. Trustee Marsh moved the Board grant the request for the variation. Trustee Palmer seconded the motion; on roll call the vote was as follows: AYES : Trustees Huxhold, Marsh, Lewis, Palmer NAYS : Trustee Wilhelm %T 927 John Hooper then stated that Ordinance 0-66-1 governs the question regarding the concrete aprons on driveways and there is no provision for granting a variation. Mr. Raysa stated he would draw up the necessary ordinance granting such a variation for presentation to the Board at the next meeting. Mr. Hooper stated that the road would be widened to 54 '4"; therefore, the driveway would be approximately 27 ' 2" from the center line. Trustee Palmer then stated he would ask the Village for an appropriation of approximately $500 .00 for Buffalo Grove Day to take care of the necessary immediate expenses, which they hope will be paid back. Thereupon, Trustee Palmer moved the Board appropriate the sum of $500.00 for Buffalo Grove Day. Trustee Wilhelm seconded the motion. On roll call the vote was as follows: AYES : Trustees Huxhold, Marsh, Lewis, Palmer NAYS : Trustee Wilhelm Mr. Richard Brown then stated he would like to request that the Police Department assign a patrolman which the Company would pay for to patrol between the hours of 4:30 P.M. and midnight since this is the time when most of the theft has been noticed. He stated the Police Department has done an excellent job but he is aware that they cannot be there at all times unless it is a special assignment. Trustee Marsh stated he would make the necessary arrangements . Mr. Hooper stated he has a request from F & D Builders for inspection of improvements in Mosers 2nd. He stated he would have a written recommendation at the next meeting. Thereupon, Trustee Wilhelm moved that the President write a letter to the Village of Arlington Heights requesting that they provide an alternate access road to the sanitary land fill site recently annexed since residential building is on Arlington Heights Road and having industrial traffic in the area is not good planning. Trustee Marsh seconded the motion. G-� 928 Trustee Marsh then stated that he wished to state he thought it was time for the Village Board to inform the residents that they were approached on this same operation and refused it. He stated he hopes that the Village of Arlington Heights will see fit to act upon our request for another access road which will make this easier to live with. Trustee Huxhold stated there are petitions being circulated against this. President Farrington then stated it was not his recollection that the Village flatly refused the proposal. He stated at one time the Mike Melahn property was proposed as a trailer park but the Village immediately turned thumbs down on it and then the idea of a sanitary land fill was proposed and discussion had on having the second pit on the Stavros farm turned into a recreational area surrounded by homes, apart- ments and golf course. He stated it was his thought that the sanitary land fill would be considered provided another means of ingress and egress was provided so that the trucks could enter in a concealed fashion and certain other consid- erations made. He stated the person representing the land owner was not in a position to answer all the questions and never did show up again. He stated since, it has been annexed to Arlington Heights . He stated the Stavros farm has been dangling for a half dozen years . It has been offered for annexation several times but never materialized. On roll call on Trustee Wilhelm' s motion, the vote was as follows: AYES: Trustees Marsh, Wilhelm, Lewis, Palmer NAYS: Trustee Huxhold Mr. Alex Stasal then reported on his visit to the Northeast Illinois Planning Commission train and stated he had attended the public hearing in connection with this. He gave the Board various information sheets for their perusal. He stated that the next public hearing is in Elmhurst on September 15th. He also stated that in talking with various other people who attended the hearing, there are attempts being made to see if the Commission can be abolished because it appears that Chicago will be ruling the area. 929 President Farrington stated he understood that the Commission i was sponsored by Federal funds and that they were only an advisory body. Mr. Edward Osman, 406 Buffalo Grove Road, was then recognized and he questioned what is being done on the road since he had heard various explanations . President Farrington informed him that it was a 40 ' roadway with curbs and gutters; parkways will be restored and aprons to driveways will be put back into the same condition as when the road was started. It is expected to take 30 days to complete. There being no questions from the audience, but there being further business, 'trustee Wilhelm moved the meeting adjourn to September 15th at 8:00 P.M. Trustee Lewis seconded the motion and on roll call the vote was as follows: AYES : Trustees Huxhold, Wilhelm, Lewis, Palmer NAYS: Trustee Marsh Time: Approximately 11:30 P.M. Respectfully submitted, %-16-4L / ttelFeA6-141-0k Village Clerk 1 : i '7.