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HomeMy WebLinkAboutVILLAGE BOARD - 04/11/1989 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON APRIL 11, 1989 President Charles J. Zettek called the meeting to order at 8:07 p.m. in the Municipal Building, 901 Wellington Avenue, Elk Grove Village and noted for the record that the following were present: Trustees Joseph T. Bosslet, Ronald L. Chernick, Dennis J. Gallitano, Edward R. Hauser, James P. Petri ; ABSENT: Michael A. Tosto. Village Manager, Charles A. Willis; Village Attorney, George B. Knickerbocker; and Village Clerk, Patricia S. Smith were present at this meeting. It was moved by Trustee Petri and seconded by Trustee Chernick that the minutes of March 28, 1989 be approved as submitted and that the Board dispense with the reading thereof. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The President reported on his attendance at the following meetings: April 5, 1989 - Pace held their last meeting at the Elk Grove Village Municipal Building. Future meetings will be held in the Pace Headquarters in Arlington Heights, where renovations have been completed. April 12, 1989 - Northwest Municipal Conference will meet at 6:00 p.m. , and the Solid Waste Agency will meet at 7:30 p.m. April 13, 1989 - The O'Hare Advisory Committee will meet at the O'Hare Hilton at 9:00 a.m. in the Amelia Erhart room; and The Suburban O'Hare Commission will meet in room 2099 at 7:30 a.m. The President reminded the Board that the Village will be holding the annual Awards and Recognition Banquet on Friday, April 14, 1989 at the Elk Grove Village Holiday Inn. It was moved by Trustee Petri and seconded by Trustee Chernick that the Board authorize the disbursement of $426,631.75 in payment of invoices as shown on the April 11, 1989 Accounts Payable Warrant. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Bosslet, Chernick, Gallitano, Hauser, Petri ; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. President Zettek issued the following Proclamations: 1. April 22 to 29, 1989 as, "Recycling Awareness Week" in Elk Grove Village. 2. April 30, 1989 as, "National Cancer Survivor's Day" in Elk Grove Village. The President requested the Board to go into Executive Session for the purpose of discussing litigation. It was moved by Trustee Bosslet and seconded by Trustee Hauser that the Board go into Executive Session at this time, 8:11 p.m. , for the purpose of discussing litigation. The motion was voted upon by acclamation; whereupon the President declared the motion carried. At this time, 8:20 p.m. the meeting resumed with all Village Board members present except Trustee Tosto. President Zettek read the following statement: - 1 - 4-11-89 The Unity Party has petitioned the Federal Court for an assessment of legal fees and Court costs against the Village and its President and Board of Trustees, in the amount of $8,965.75. The United States Supreme Court has previously held that public officials acting in the legislative capacity are clearly not personally liable for damages or fees in such instances and therefore any amount awarded must come from the General Corporate Fund of the Village. While the Village objects in principle to the payment of any fees for unnecessary litigation, it is readily apparent that the continued pursuance of this principle would only result in an escalation of legal fees and an increased burden on all Village residents. It was therefore deemed to be in the best interest of the Village to negotiate with the Unity Party and have their attorneys accept a lesser amount from the Village's Corporate Fund. History clearly shows, that, absent the recent litigation, all candidates in the Village would have been able to erect signs in various locations within the Village. There has never been a need to resort to the Courts for this entitlement. The premature filing of this litigation has denied that opportunity to many candidates and at the same time imposes an economic burden on the Village. The approval of the negotiated settlement requires formal action of this Board. President Zettek stated that the Chair would entertain a motion to pay attorneys fees $7,500.00, and court costs in the amount of $300.75 which is approximately a 13% to 14% reduction in the $8,665.75 that was asked for in attorneys and court fees early in this litigation. It was moved by Trustee Chernick and seconded by Trustee Bosslet that the Board authorize the payment of $7,500.00 for attorneys fees and $300.75 in court costs to the attorney for the UnityPPaM The President directed the Clerk to call the roll on t eh motion and upon the roll being called the following answered AYE: Trustees Chernick, Gallitano, Hauser, Petri , Bosslet; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. CONSENT AGENDA It was moved by Trustee Hauser and seconded by Trustee Bosslet that: A. The Board authorize Fire Lt. Gregory Riddle to attend the 1989 Associated Pub is Safety 0 ficers National Conference in Sparks, Nevada trom August 6 t roug August 11, 1989, at a cost not to exceed $970.65. B. The Board grant the request from Russ McNeil , 450 Ruskin Circle, to vary from the provisions of Article 11.204 of the Municipal Code which requires driveway and driveway aprons in residential areas to be constructed of concrete. C. The Board award a purchase contract using MFT Funds, to the lowest responsive and responsib a bl idder, Palumbo Brothers of Hillside, Illinois, for street milling and resurfacing, on a per unit cost as oTlows: Bituminous Concrete Surface Removal (partial width 1 and 1/2") .45 (partial width 3") .55 (full width) .50 Reflective crack control treatment .54 Bituminois concrete surface course 23.75 Leveling binder 23.75 Bituminous prime coat materials .40 - 2 - 4-11-89 Prime coat aggregate 24.70 for an estimated cost of $418,067.50. D. The Board award a purchase contract from the 1989-90 fiscal year to Motorola, Inc. for radio a ui ment for use by the Po ice Department, at aat a t� of $16,271.00. E. The Board award a purchase contract from the 1989-90 fiscal year using General and Water/Sewer Funds, to the lowest responsive and responsible bidder, M & A Cement of Bensenville, Illinois, at the following un ti prices for sidewalk, curb and gutter and driveway removal and replacement: 5" Sidewalk removal and replacement $ 2.15 per sq. ft. 8" Sidewalk removal and replacement 2.40 per sq. ft. 5" Driveway removal and replacement 22.95 per sq. ft. 8" Driveway removal and replacement 23.40 per sq. ft. Curb and gutter removal and replacement 9.98 per lineal ft. for an estimated cost of $150,730.00. F. The Board award a purchase contract using MFT and FY 1989-90 General funds, to the low bidder, Arrow Road Construction of Mount Prospect, Illinois, to furn—sF itumminous paving materials on the following per unit cost basis: 4,200 Tons Bituminous Concrete Course $16.00/ton 1,500 Tons Bituminous Surface Course 18.50/ton 2,000 Gallons Emulsified Asphalt SS-1 2.32/gallon for an estimated cost of $99,590.00. G. The Board award purchase contracts to the lowest responsive and responsible bidders, Specialized Rescue Systems of Des Plaines, Illinois and Gaze root Fire EV ment Com an of Washington, Illinois to furnish an de Iver rescue equipment, which includes parts and accessories at a total cost not to exceed $6,189.00. H. The Board adopt Resolution No. 20-89 entitled, "A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND MARRIOTT CORPORATION" . The President directed the Clerk to call the roll on the motion to approve the Consent Agenda items, "A, B, C, D, E, F, G, and H", and upon the roll being called the following answered AYE: Trustees Gallitano, Hauser, Petri , Bosslet, Chernick; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. The Village Manager presented the following documents, pertaining to Talbot's Mill development, which were recommended for approval by the Pfan Commission: 1. A second amendment to the Annexation Agreement between the Village and the developers of Talbot's Mill . (A Public Hearing was held before the Village Board of Trustees earlier this evening at 7:00 p.m. ) 2. A plat of vacation of public streets and vacation of the previously adopted Hamilton Lakes Village plat of subdivision. 3. An ordinance rezoning the property within the Hamilton Lakes Subdivision. - 3 - 4-11-89 4. An ordinance granting a Special Use permit. 5. A plat of subdivision for Talbot' s Mill . 6. A Preliminary and Final Lane Use and Zoning Plat. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Resolution No. 21-89 entitled, "A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A SECOND AMENDMENT TO ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND LaSALLE NATIONAL BANK, HAMILTON LAKES VILLAGE, LIMITED, TALBOT'S MILL LIMITED PARTNERSHIP AND KIMBALL HILL INC.". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board waive the first reading rule of an ordinance as it pertains to a plat of vacation. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Ordinance No. 2026 entitled, "AN ORDINANCE ADOPTING A PLAT OF VACATION OF PUBLIC STREETS AND THE VACATION OF THE HAMILTON LAKES VILLAGE PLAT OF SUBDIVISION". The motion was voted upon y general consent to the previous vote: AYE: Trustee Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board waive the first reading rule of an ordinance as it pertains to the rezoning of property. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Ordinance No. 2027 entitled, "AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE VILLAGE OF ELK GROVE VILLAGE FROM A-2 RESIDENTIAL, B-4 OFFICE AND TRANSITIONAL AND B-2 GENERAL BUSINESS TO A-2 MULTIPLE FAMILY RESIDENTIAL, R-3 SINGLE FAMILY RESIDENTIAL AND 0-T OFFICE TRANSITIONAL (HAMILTON LAKES - TALBOT'S MILL)" . The motion was voted upon by genera consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board waive the first reading rule of an ordinance as it pertains to a Special Use permit for Kimball Hill , Inc. . The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Ordinance No. 2028 entitled, "AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE A-2 MULTIPLE FAMILY RESIDENTIAL DISTRICT TO KIMBALL HILL, INC. FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF I-290 AND DEVON AVENUE, ELK GROVE VILLAGE. " The motion was voted upon by general consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Resolution No. 22-89 entitled, "A RESOLUTION OF APPROVAL OF PLAT OF SUBDIVISION IDENTIFIED AS TALBOT'S MILL" . The motion was voted upon by general consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the Board waive the first reading rule of an ordinance as it pertains to a Preliminary and Final Land Use and Zoning plat. The motion was voted upon by acclamation; whereupon the President declared the motion carried. - 4 - 4-11-89 It was moved by Trustee Chernick and seconded by Trustee Petri that the Board adopt Ordinance No. 2029 entitled, "AN ORDINANCE APPROVING A PRELIMINARY AND FINAL LAND USE AND ZONING PLAT (HAMILTON LAKES VILLAGE - TALBOT S MILL)". The motion was voted upon by general consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. The Village Manager presented a one lot plat of subdivision which was reviewed by Staff and the Judiciary, Planning and Zoning Committee and recommended for approval . It was moved by Trustee Petri and seconded by Trustee Chernick that the Board adopt Resolution No. 23-89 entitled, "A RESOLUTION OF APPROVAL OF PLAT OF SUBDIVISION IDENTIFIED AS REGENT OFFICE CENTER PHASE II (HIGGINS RD. & MIDWA CT. )". The motion was voted upon by general consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. The President reported that: 1. The O'Hare Advisory Committee will meet on April 13, 1989 at 9:00 a.m. in the Amelia Erhart room of the O'Hare Hilton. 2. A report from the Economic Development Consultants has been distributed which indicates that 3 to 5 businesses will either be moving into the Industrial Park or expanding their operations in the Village. 3. The Suburban O'Hare Commission will be meeting April 13, 1989 in room 2099 of the O'Hare Hilton at 7:30 a.m. Trustee Hauser reported that the Board of Directors of Transpart will be meeting with the developers and the Short Range Planning Committee for a "round table" discussion on Friday morning, April 14, 1989. Trustee Gallitano reported that the Recycling Committee has been active in the educational programs. Programs have been initiated at Queen of the Rosary and Byrd Schools. On Friday, April 28, 1989, there will be a Recycling Fun Fair at Queen of the Rosary School . Michael Cavallini , Elk Grove Village Sanitarian, reported on the progress of the Recycling Education Programs and as to what would be taking place at the Fun Fair at Queen of the Rosary. Mr. Cavallini informed the Board that Elk Grove Village will be one of 32 communities that will be receiving a $7,000.00 Grant from the State of Illinois. Those monies will be used for the Multi-family Townhouse/Condo Recycling Program. Trustee Gallitano requested the recommendation of the Village Attorney concerning Multi-family Recycling Program. The next meeting of the Recycling Committee will be scheduled after the recommendation has been received from the Village Attorney. Trustee Gallitano said that representatives from Hammond, Indiana, visited Elk Grove Village to review the Recycling Program. The Village Clerk presented a resolution proclaiming the results of the canvassing of the votes for the Consolidated Election held on Tuesday, April 4, 1989. Trustee Bosslet read the results of the canvass as follows: A total of 6,295 votes were case in the following manner for: Village President: Richard Calderone, 1,644; Charles J. - 5 - 4-11-89 Zettek, Jr. , 3,684; James P. Petri , 646; Olga H. Seda, 139; and Village Trustee: Hal Thompson, 1,974; Steve Sarley, 2,213; Al Tierney, 1,968; Joseph T. Bosslet, 3,943; Dennis J. Gallitano, 3,929; Ronald L. Chernick, 3,735; and Library Board of Trustees : Bruce A. Laird, 3,539; Frederick 0. Klaus, 3,518; and Referendum: Installing a 9-1-1 emergency telephone system: YES: 4,608 - NO: 1,172 It was moved by Trustee Bosslet and seconded by Trustee Chernick that the Board adopt Resolution No. 24-89 entitled, "A RESOLUTION ACCEPTING THE RESULTS OF THE CANVASS CONDUCTED BY THE CANVASSING BOARD OF THE VILLAGE UFT—LK GROVE VILLAGE OF THE VOTES ON THE CONSOLIDATED ELECTION FOR VILLAGE OFFICIALS HELD ON TUESDAY, APRIL 4, 1989 AND PROCLAIMING THE RESULTS" . The motion was voted upon by genera consent to the previous vote: AYE: Trustees Hauser, Petri , Bosslet, Chernick, Gallitano; NAY: none; ABSENT: Tosto; whereupon the President declared the motion carried. The Village Manager reported on the following: 1. The four communities that worked together for the addition of the enhanced 9-1-1 system to Central Dispatch, each had referendums which passed with 80% of the voters in favor of the 9-1-1 system. 2. The Northwest Municipal Conference and Solid Waste Agency Board of Directors will be meeting tomorrow night, Wednesday, April 13, 1989. One of the topics that the Northwest Municipal Conference will be discussing is the subject of traffic congestion and the gridlock. Representatives of IDOT will be talking to that subject. The Solid Waste Agency project is on schedule and are now waiting for the Illinois EPA to make a ruling on their petition for the development of the balefill facility in southwest Cook County just west of Bartlett. 3. Mr. Wood, who has been the subject of conversation of this Board on prior occasions, is out of town at this time but has assured the Village that he will be available to meet with the Village Board on April 25, 1989. 4. The new communication cards have been placed in the mail and will be delivered to 25% of the Village. The first group of cards that were mailed in the middle of March, has produced a return of some 200 inquiries submitted to the Village. Each and every one of those inquiries is acknowledged and answered or referred to the appropriate agency or governmental entity responsible for the subject matter of the communication. 5. The Northwest Municipal Conference will be holding its annual Spring Banquet in Glenview on the 28th of April . At this time, 8:50 p.m. , the President asked if anyone in the audience wished to address the Board. There being no response, the meeting continued. It was moved by Trustee Bosslet and seconded by Trustee Chernick that the meeting be adjourned. The motion was voted upon by acclamation; whereupon - 6 - 4-11-89