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HomeMy WebLinkAboutVILLAGE BOARD - 12/12/1995 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS HELD AT THE CHARLES J. ZETTEK MUNICIPAL BUILDING 901 WELLINGTON AVENUE ON TUESDAY, DECEMBER 12, 1995 Village President Dennis J. Gallitano called the meeting to order at 8 : 03 p.m. 1 . ROLL CALL: Present : President : Dennis J. Gallitano; Trustees : Ronald L. Chernick, Nancy J. Czarnik, Craig B . Johnson, Samuel L. Lissner, James P. Petri, and Paul A. Rettberg Absent : None Also Present : Village Manager, Gary E. Parrin; Village Attorney, George B . Knickerbocker; and Village Clerk, Patricia S. Smith A quorum was present . 2 . INVOCATION: The Reverend Mark Clem, Pastor of Elk Grove Baptist Church delivered the invocation. 3 . APPROVAL OF MINUTES: Motion to approve the minutes of the Regular Meeting held on November 14, 1995 as submitted. MOVED: Trustee Petri SECONDED: Trustee Czarnik VOICE VOTE MOTION CARRIED. 4 . REPORT OF THE VILLAGE PRESIDENT - DENNIS J. GALLITANO 1 . COMMUNITY SERVICE COORDINATOR - The Village has received the formal resignation of Sandy Costanza who will be leaving the employment of the Village . President Gallitano thanked Mrs . Costanza for her years of dedicated service to the Village. 2 . O'HARE NOISE ABATEMENT - The Village President and Village Manager will meet with Mr. Dave Mosena, City of Chicago Aviation Director, to talk about noise monitoring in and around the Elk Grove Village area. 3 . CHRISTMAS DECORATIONS - The annual Christmas House Decorating contest will be judged by the Jaycees from December 10 through December 17, 1995 . The President read a letter from Mr. and Mrs . Billis of 1055 Susan Court which explained how residents of Susan Court and Gloria Drive decorate their property at Christmas time and have 100% participation in placing luminaries on their property. The residents invited President Gallitano to visit the area and view the decorations . 5 . APPROVAL OF WARRANT Motion to authorize payment of invoices as shown on the December 12 , 1995 Accounts Payable Warrant in the amount of $926, 241 . 38 . 1 12-12-95 MOVED: Trustee Petri SECONDED: Trustee Chernick AYES : Trustees Chernick, Czarnik, Johnson, Lissner, Petri, Rettberg MOTION CARRIED 6 . CONSENT AGENDA A. Easement Variation- 1269 Diane Lane - Grant a request from Mr, and Mrs . Mark Johnson for a variation from Section 8-12B-1D, Easements, of the Village Code to permit the construction of a shed to encroach 1-foot, 6-inches into a 7-foot, 6-inch public utility and drainage easement. B . Pre-Finish Metals, 2200 Pratt Blvd. - Grant a request for a variation from Section 8-12B-1-1D, Easements, of the Village Code to permit the construction of two (2) support columns to encroach 1-foot, 6 inches into a 25- foot public utility and drainage easement. C. Public Works Equipment - Reject all bids received for the refurbishing of the Village' s 1985 Ford LTS 8000 dump truck. D. HTE, Inc . Orlando Florida - Award a professional services contract to provide technical assistance in upgrading the Utility Billing software on the AS400 in an amount not to exceed $5, 150 . E. Sun Office Inc . , Elk Grove IL - Award a purchase contract under the Federal Government GSA Contract Pricing for the purchase and installation of office furniture in an amount not to exceed $9, 182 . F. Patrick Engineering, Glen Ellyn, IL - Increase a professional service contract (awarded 3/14/95) for the design and preparation of plans and bid specifications for improvement to the Police Department HVAC system in the amount of $1, 100 for a total contract not to exceed $9, 800 . G. Bishop Plumbing, Inc . , Des Plaines, IL - Award a purchase contract to the lowest responsive and responsible bidder for the purchase and installation of two (2) sewer ejector pumps in an amount not to exceed $10, 985 . H. Sola Electric, 1717 Busse Road - Grant a request for a variation to Section 8-12B-1-D, Easements, of the Village Code to permit the construction of a temporary remediation building and 2, 000 gallon above-ground storage tank to encroach twelve feet (12 ' ) into a twenty-five foot (25' ) public utility and drainage easement . I . Fighting Back Program - Authorize the payment of $2 , 000 to Community Education Foundation Township High School District 214 . J. Illinois Building Services , Inc . , Roselle, IL - Award a custodial service contract to provide general housekeeping and sanitation services at the Fire Administration Building from January 2 until April 30 at a cost not to exceed $5, 600 . K. Schmerler Ford, Inc . . Elk Grove Village, IL - Award a purchase contract to the lowest responsive and responsible bidder to furnish and deliver one (1) 1996 Ford F-250 HD pick-up truck for the Public Works Department in an amount not to exceed $15, 971, 2 12-12-95 including the trade-in value of $300 on a 1980 Ford F- 250 pick-up. L. C.A. Riley Electric - Increase a professional service contract (awarded 11/14/95) for the replacement of an underground service panel at the Landmeier Road Public Works facility in the amount of $1, 975 for a total contract amount not to exceed $24 , 475 . M. RJN Environmental , Wheaton, IL - Award a professional services contract with the lowest responsive and responsible proposer to furnish and provide software, data-translation, set-up, training and project management services for Phase I of the Public Works infrastructure management system in an amount not to exceed $24 , 480 . N. R. W. Henricksen Company, Des Plaines, IL - Award a contract to the lowest responsive and responsible bidder for pruning and trimming of parkway trees, in an amount not to exceed $10 . 35 per tree for trimming and $4 . 08 per tree for chipping and clean-up for a total contract not to exceed $28, 860 . O. Rossi Contractors, Northlake, IL - Increase a contract (awarded 4/25/95) for hauling and disposal of non-toxic debris in the amount of $30, 000 for a total contract amount not to exceed $68, 300 . P. Letter of Credit - Adopt Resolution No. 72-95 entitled, "A RESOLUTION ACCEPTING AN IRREVOCABLE STANDBY LETTER OF CREDIT NO. NAS219882 FROM WELLS FARGO BANK EXPIRING JANUARY 24 , 1997 IN THE AMOUNT OF $521, 598 . 83 TO GUARANTEE PUBLIC IMPROVEMENTS FOR LEXINGTON HOMES L.L. C. (HUNTINGTON CHASE PHASE II) . " Q. Industrial Revenue Bonds (IRB) - Adopt Resolution No. 73-95 entitled, "A RESOLUTION APPROVING AN INDUSTRIAL PROJECT FOR THE BENEFIT OF BHAGVAN H. PATEL C/O AMITRON CORPORATION (1717 BUSSE ROAD) . " R. Class 6B (Groot Industries. Inc . ) - Adopt Resolution No. 74-95 entitled, "A RESOLUTION DETERMINING THE APPROPRIATENESS FOR CLASS 6B STATUS PURSUANT TO THE COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE AS AMENDED JANUARY 1, 1995 FOR CERTAIN REAL ESTATE LOCATED AT 900 ELMHURST ROAD, ELK GROVE VILLAGE, IL (GROOT INDUSTRIES, INC. ) " S. License Agreement (Ameritech) - Adopt Resolution No. 75- 95 entitled, "A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND AMERITECH NEW MEDIA ENTERPRISES, INC. " T. Class 6B - Adopt Resolution No. 76-95 entitled, "A RESOLUTION DETERMINING THE APPROPRIATENESS FOR CLASS 6B STATUS PURSUANT TO THE COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE AS AMENDED JANUARY 1, 1995 FOR CERTAIN REAL ESTATE LOCATED AT LOT 4, WEST SIDE OF LIVELY BOULEVARD NORTH OF CHASE AVENUE, ELK GROVE VILLAGE, ILLINOIS . " U. Real Estate Sale Contract (Busse) - Adopt Resolution No. 77-95 entitled, "A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT FOR A REAL ESTATE SALE CONTRACT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ALLEN BUSSE. " 3 12-12-95 Increase the Capital Projects Fund by $335, 000 for the land purchase . V. Tax Collection - Adopt Resolution No. 78-95 entitled, "A RESOLUTION AUTHORIZING A FACTOR OF 3% FOR LOSS IN COLLECTION FOR THE 1995 PROPERTY TAX LEVY FOR GENERAL OBLIGATION BONDS SERIES 1989, SERIES 1991, SERIES 1992 , SERIES 1993 , SERIES 1994 . " W. Tax Abatement - Adopt Ordinance No. 2460 entitled, "AN ORDINANCE ABATING A PORTION OF THE 1995 PROPERTY TAX LEVY FOR CERTAIN GENERAL OBLIGATION BONDS FOR SERIES 1989 . " X. Tax Levy Ordinance- Adopt Ordinance No. 2461 entitled, "AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF ELK GROVE VILLAGE FOR THE FISCAL YEAR BEGINNING MAY 1, 1995 AND ENDING APRIL 30, 1996 . 1- Y. 996 . "Y. Special Use Permit - Adopt Ordinance No. 2462 entitled, "AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO PERMIT THE CONSTRUCTION AND OPERATION OF A FOOD PROCESSING FACILITY IN AN I-2 ZONED DISTRICT AT PROPERTY LOCATED AT 950 CHASE AVENUE, ELK GROVE VILLAGE (CENTER POINT PROPERTIES CORPORATION/RAINBOW FISH HOUSE, INC. ) " Z. Reimer' s First Subdivision - Adopt Resolution No. 79-95 entitled, "A RESOLUTION RESCINDING RESOLUTION NO. 71-94 WHICH APPROVED PLAT OF SUBDIVISION IDENTIFIED AS REIMER' S FIRST SUBDIVISION. " AA. Wheeled Coach Industries, Orlando, FL - Award a purchase contract to the lowest responsive and responsible bidder to furnish and deliver one (1) 1996 Type I Ambulance in an amount not to exceed $89, 476 , including the trade-in value of $12, 000 on a 1988 Ford ambulance. BB. Indaolex, Inc . , Deerfield. IL - Award a professional services contract for the purpose of providing consulting services for Phase II of the Village' s telephone improvement project which includes the preparation of bid specifications for the purchase of telephone equipment and system implementation in an amount not to exceed $17, 000 . CC. Group 1 Conversion, Lombard. IL - Award a professional services contract in an amount not to exceed $77, 200 for the conversion of approximately 3, 500 Fire Pre-Plan drawings into a digitized format. Motion to approve Consent Agenda items "A, B, C, D, E, F, G, H, I, J, K, L, M, N, 0, P, Q, R, S, T, U, V, W, X, Y, Z, AA, BB, and CC. " MOVED: Trustee Czarnik SECONDED: Trustee Rettberg AYES : Trustees Chernick, Czarnik, Johnson, Lissner, Petri, Rettberg MOTION CARRIED. 7 . REGULAR AGENDA A) LIQUOR LICENSE INCREASE - Motion to not increase the number of Class "A" Liquor Licenses and deny a request for a Class "A" liquor license for the D'Marcella Corporation for a proposed restaurant to be located at 1109 - 1115 Rohlwing Road. 4 12-12-95 (Silvana DeLeonibus Giammarrusco, petitioner for the license, addressed the Board questioning the reason for the denial of the liquor license . President Gallitano stated the denial was based on a report from the Police Department . Mrs . Giammarrusco disputed the information contained in the report . The Village Attorney informed the petitioner that the question before the Board is whether or not to increase the number of Class A licenses from 29 to 30 . For the Board to make that legislative decision they would look at information that you have a copy of that has been referred to. The Board can look at location, the number licenses currently in effect and if they want to increase that number, whether they want or need one in that particular location and because the request was made by you they can look at your background investigation. The investigation is only one of the many factors considered by the Board. While that is a factor it is not the only factor and it is still a legislative decision to increase the number of licenses . Mrs . Giammarrusco again disputed the facts in the Police Report . President Gallitano stated that information has been received from the Police Department and there is a motion on the floor on whether or not to grant an increase in the number of licenses . If you feel that information is erroneous there is nothing to prohibit you from coming back and asking for another license, if you have other information that disputes that report . The President stated that any information that Mrs . Giamarrusco would submit to dispute the police information should be submitted to the Village Clerk, who will pass it on to the Chief of Police . Mrs . Giammarrusco' s contractor questioned the Board as to why a building permit was issued to remodel the restaurant if there are no liquor licenses available . Payment will not be made to him until an occupancy permit and a liquor license are issued. President Gallitano stated that the Village does not get involved in personnel contracts between the contractor and the owner of the premises that is totally between the two of you. It has nothing to do with the Village . Nothing precludes Mrs . Giammarrusco from coming back to this board and asking for another license, that is assuming that the facts are disputed in a way that are accurate . The contractor stated that he would like to have this come back to the Board as soon as possible and was told the Board will not meet again until mid January. ) MOVED: Trustee Chernick SECONDED: Trustee Czarnik AYES : Trustees Johnson, Lissner, Petri, Rettberg, Chernick, Czarnik MOTION CARRIED BOARDS AND COMMISSIONS 8 . CAPITAL IMPROVEMENTS COMMITTEE - CHAIRMAN PETRI The Committee met on November 28 , 1995 and discussed the following agenda items : 5 12-12-95 TONNE ROAD IMPROVEMENTS - The committee recommendation is to look at a cut-through on Fargo Avenue to go southbound on Tonne . LINK SCHOOL/WEST GLENN TRAIL RECONFIGURATION - The committee recommends a 30 degree change in the turning radius, to be done in the spring. SIDEWALK ON PLUM GROVE ROAD - Since the Village of Schaumburg is installing a sidewalk on the west side of Plum Grove Road, the committee feels that there is no need to construct a sidewalk on the east side of the street . SIDEWALK INSTALLATION COMMITMENT - BUSSE ROAD The Village has received a Statement of Commitment to put a sidewalk in at Busse and Oakton in conjunction with the construction of an Office Max. Motion to adopt Resolution No. 80-95 entitled "A RESOLUTION APPROVING A STATEMENT OF COMMITMENT TO CONSTRUCT PUBLIC SIDEWALK BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND OMEG ASSOCIATES, LTD. (300 BUSSE ROAD) " . MOVED: Trustee Petri SECONDED: Trustee Johnson AYES : Trustees Czarnik, Johnson, Lissner, Petri, Rettberg, Chernick MOTION CARRIED MEETING SCHEDULE - The next meeting of the committee will be held on Thursday, January 4, 1996 at 7 : 00 p.m. The Director of Public Works was requested to attend this meeting. 9 . JUDICIARY, PLANNING & ZONING COMMITTEE - CHAIRMAN RETTBERG ELECTRO PAINTERS - Two meetings have been held on this request for a variation from the Fire Code. After hearing the evidence the initial recommendation was to not grant the variance, however, since the meetings they have submitted plans to the Fire Department which will now bring the building into compliance . The request for the variance has now been withdrawn. BAR-B-OUE GRILL REGULATIONS - MULTI FAMILY UNITS - This item is under consideration due to a fire that was caused by using an unattended bar-b-que grill for other than bar-b- queuing. Another incident was presented by the Fire Department in which a grill was used for other than bar-b- queuing. There is nothing on record that restricts the use of recreational fire. What the Village is looking at is to restrict recreational fires from being left unattended or out of control . The recommendation of the committee is to have the appropriate language incorporated into an ordinance which will prohibit fires that are left unattended or out of control and will give the Fire Department authority to ask the owner to control a fire or put it out; and if they do not they will be subject to the fine structure for violations under the Fire Code . Also discussed was to have a monitoring device installed in multi family units so that the alarms would activate. Discussion followed regarding having the multi family unit owners have restricted use of bar-b-ques in the lease agreements, however, this would be hard to enforce . The proposed ordinance is intended to be drafted to include more than multi-family in that a bar-b-que fire would be permitted but would only be for that purpose and be kept under control and not be a nuisance to other property 6 12-12-95 owners . This was thought to be a more effective tool in terms of enforcement . This item will be sent over to the next Committee of the Whole meeting for consideration of the JPZ Committee' s recommendations . HORSE STABLING-VICTORIA BANQUETS - The Village Attorney has prepared an ordinance which would make an exception to the ordinance with respect to banquet facilities which would permit the horse stable as an accessory use and would require that a permit be issued by the Health Department in order for it to be occupied by horses . It would be the responsibility of the Health Department to insure that the conditions are proper for horses . Security concerns were also addressed and it has been assured that there will be an alarm system installed and there will be someone on the premises almost 24 hours a day. This item will also be reviewed by the Board at a Committee of the Whole meeting. Staff was directed to contact other such facilities and question the problems and/or situations that they may have . PARENTAL RESPONSIBILITY ORDINANCE - Two ordinances have been prepared by the Village Attorney which would amend in part the Village Code with respect to minors in terms of sale of alcoholic beverages . This change will bring the Village into conformity with the new State Statute . The present ordinance permits the giving of alcohol in the home to someone under the age by the parent . This is now prohibited by action taken by the State Legislature in the last session. The only exception for the use of alcohol by minors within the home is with respect to the performance of a religious ceremony. There is also an ordinance proposed which is a substitute for the Village parental neglect ordinance . This is a general parental responsibility ordinance aimed in great part at alcohol offenses but is broader than that it basically provides for a sanction to parents who either cause or aid or encourage an unemancipated minor to violate any federal, state or municipal ordinance including liquor violations . The ordinance incorporates a knowing standard where the parent has reason to believe that an offense has been committed. The ordinance is in part aimed at the consumption of alcoholic beverages in the home by a group of people of whom one or more are underage and it provides sanctions against the parent if they in fact knowingly permit it or have reason to believe that this is occurring and do nothing to stop the activity. Motion to adopt Ordinance No. 2463 entitled "AN ORDINANCE AMENDING SECTION 3-3-9 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE PERTAINING TO THE SALE OF ALCOHOLIC LIQUOR TO MINORS" . (Trustee Johnson stated for the record that " I am going to vote for both of these ordinances but my question is I do not agree with the part that says a parent cannot allow a nineteen or twenty year old who comes home from school or whatever for Thanksgiving dinner to have a glass of wine I think we are infringing too much on it, however, the overall scope of these ordinances and the State law I think is good so I will vote in favor of this but with strong concern on record for that one section of the ordinance . " Trustee Rettberg responded that this restriction is stringent, however, it is a law of the state . ) 7 12-12-95 MOVED: Trustee Rettberg SECONDED: Trustee Czarnik AYES : Trustees Johnson, Lissner, Petri, Rettberg, Chernick, Czarnik MOTION CARRIED Motion to adopt Ordinance No. 2464 entitled "AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 6 OF THE VILLAGE CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY ADDING THERETO OFFENSES RELATED TO THE USE OF ALCOHOL AND AMENDING SUBSECTION 3 TO PROVIDE FOR GENERAL PARENTAL RESPONSIBILITY FOR OFFENSES COMMITTED BY MINORS" . MOVED: Trustee Rettberg SECONDED: Trustee Czarnik AYES : Trustees Johnson, Lissner, Petri, Rettberg, Chernick, Czarnik MOTION CARRIED 10 . PERSONNEL COMMITTEE - CHAIRWOMAN CZARNIK No report . 11 . RECYCLING COMMITTEE - CHAIRMAN JOHNSON President Gallitano suggested that this committee be renamed the Recycling & Waste Committee. The Board concurred with the new name . 12 . INFORMATION SYSTEMS COMMITTEE - CHAIRMAN PETRI MEETING SCHEDULE - A meeting of the committee was scheduled for Wednesday, January 10, 1996 at 7 : 00 p.m. 13 . PLAN COMMISSION - VILLAGE MANAGER No report . 14 . ZONING BOARD OF APPEALS - VILLAGE MANAGER No report . 15 . REPORTS OF OTHER BOARDS, COMMISSIONS & COMMITTEES a. CABLE TV COMMITTEE - TRUSTEE PETRI A meeting is scheduled for Thursday, December 14 , 1995 at 7 : 30 p.m. to discuss Continental' s RFP' s and a number of Internet items. A lengthy report will be given at the next Village Board meeting. Discussion followed regarding consideration of a Franchise Agreement with Ameritech through the consortium as is now being done with Continental Cablevision. b. COMMUNITY SERVICE BOARD - TRUSTEE CZARNIK PARADE COMMITTEE - The parade will be held on July 21, 1996 . 40TH ANNIVERSARY COMMITTEE - The committee met on Monday, December 11, 1995 and revised the logo that will be presented at the next Committee of the Whole meeting. The Secretary of State has informed the Village that there will be 200 anniversary license plates allowed. A draft of the logo will be needed to design the plates. The Dinner Dance will be held on February 9, 1996 . Reservations are being taken at the Village Hall . 8 12-12-95 h MEETINGS - The Community Service Board meeting for December was cancelled. The next meeting will be held in January. The Community Service Board acknowledged Sandy Costanza' s resignation and are sure the Village will miss her. The Board was very pleased with what Sandy has done for the Village and will miss her enthusiasm, however, they respect her decision to stay home with her family at this time . 16 . ORDINANCES, RESOLUTIONS & COMMUNICATIONS None 17 . UNFINISHED BUSINESS None 18. REPORT FROM THE VILLAGE MANAGER 1 . COMMUNITY SERVICE COORDINATOR - The Manager echoed the sentiments of the President and Trustee Czarnik with regard to the resignation of Sandy Costanza and noted that she will indeed be missed. The Manager has been in touch with the Chairwoman of the Community Service Board, Anne Feichter, with regard to the selection process of a new coordinator. 2 . AREA CODE - A reminder that the area code change to 847 will take place January 20, 1996 . This information will be placed in the Newsletter and on Channel 6 . 3 . CHRISTMAS TREES - Waste Management will be collecting discarded trees from January 2 through 15 , 1996 on the customers regularly scheduled collection day. After the trees are collected they are taken to the public works facility where they will be chipped and be utilized for mulch. 4 . POLICE DEPARTMENT SERVICES - The Elk Grove Villager contains a survey on Police Department services . Residents have been asked to take the time to offer their opinions on the services provided to them. 5 . CHRISTMAS LIGHT DECORATIONS - VILLAGE MUNICIPAL BUILDING - Compliments were extended to the Public Works Building Maintenance Personnel for the lighting decorations on the municipal grounds . Over 20 , 000 lights were added to the decorating this year. 19 . NEW BUSINESS GROOT INDUSTRIES. INC.- - Motion to adopt Resolution No. 81-95 entitled "A RESOLUTION APPROVING SOLID WASTE DISPOSAL FACILITY REVENUE BONDS FOR THE BENEFIT OF GROOT INDUSTRIES, INC. PROJECT SERIES 1995 . " MOVED: Trustee Rettberg SECONDED: Trustee Czarnik AYES : Trustees Lissner, Petri, Rettberg, Chernick, Czarnik, Johnson MOTION CARRIED. EXECUTIVE SESSION Motion to hold an Executive Session following tonight' s Board meeting for the purpose of discussing litigation. 9 12-12-95 MOVED: Trustee Rettberg SECONDED: Trustee Czarnik AYES : Trustee Petri, Rettberg, Chernick, Czarnik, Johnson, Lissner MOTION CARRIED President Gallitano wished everyone a Happy Holiday. AUDIENCE No Response 19 . ADJOURNMENT Motion to adjourn the meeting at 8 : 53 p.m. MOVED: Trustee Czarnik SECONDED: Trustee Rettberg AYES : Trustee Petri, Rettberg, Chernick, Czarnik, Johnson, Lissner MOTION CARRIED Patricia S. Smith Village Clerk Dennis J. Gallitano Village President 10 12-12-95