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HomeMy WebLinkAboutVILLAGE BOARD - 08/12/1986 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON AUGUST 12, 1986 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 , 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 Tosto that the minutes of July 22, 1986 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 introduced Mr. David Schmerler, son of Harry Schmerler owner of Schmerler Ford in Elk Grove Village. Mr. Schmerler explained a "We Care" nationwide program sponsored by Ford Motor Company, which entails matching funds of $1,000.00 from Ford Motor and $1,000.00 from a dealership (such as Schmerler Ford) be donated to a municipality or township for hiring high school students to perform whatever community service the municipality deems necessary. Mr. Schmerler presented President Zettek with a check in the amount of $2,000.00 to be used by Elk Grove Village for the "We Care" program. President Zettek introduced Mr. John Markino, owner of M & S Construction Company, who related to the Board his problem in submitting a $50,000 Bond, as required by Village Ordinance, when constructing a residential driveway. Mr. Markino stated that the ordinance caused undue burden on small contractors. Due to this requirement he would have to refuse further construction in Elk Grove Village. The Village Engineer explained that any work being done on Village property (right-of-way) does require a $50,000 Bond, no matter what type of work that may be. The Engineer further stated that due to a number complaints received from small business contractors, the Engineering Department has been doing two things; 1. A survey of surrounding municipalities to see what their requirements are as far as protection to the Village for damage that may be caused outside of the work that the contractor is doing; and 2. To see if the Village can differentiate on a bond amount between underground type of improvements and a surface type of improvement. The Engineering Department is in the process of putting together estimates of costs to determine what the maximum amount of damage might be in both of those areas for a contractor who happens not to be very conscientious. A letter of recommendation will be forwarded to the Village Board. Trustee Chernick requested this item be considered at a Capital Improvements Committee meeting on Monday, August 18, 1986 at 7:00 p.m. (Mr. Markino was invited to attend this meeting. ) The Capital Improvements Committee will make a recommendation at the Committee-of-the-Whole meeting on Tuesday, August 19, 1986. Mr. Markino was informed that he should call the Village Engineer on Wednesday, August 27, 1986 for the decision of the Board as to whether or not the amount of the required bond will be lowered. Trustee Chernick stated that someone would be in contact with Mr. Markino. - 1 - 8-12-86 It was moved by Trustee Petri and seconded by Trustee Bosslet that the Board authorize the disbursement of $1,270,452.04 in payment of invoices as shown on the August 12, 1986 Accounts Payable Warrant. The President directed the Clerk to call the roll on the motion anG upon the roll being called the following answered AYE: Trustees Bosslet, Chernick, Gallitano, Hauser, Petri , Tosto; NAY: none; ABSENT: none; whereupon the President declared the motion carried. Trustee Gallitano requested the removal of item D, a contract to Concrete Doctor, Inc. for sidewalk work, from the Consent Agenda. CONSENT AGENDA It was moved by Trustee Chernick and seconded by Trustee Petri that: A. The Board renew the shared traffic signal maintenance contract wits F tTie-oo6fi out Department of Highways for tra if�gnal maintenance for the period 4/1/86 through 3/30/87 at a cost not to exceed $9,490; and The Board authorize the payment of up to a 10% increase at the time of an announced cost increase to the above contract. B. The Board authorize Village Manageerr Charles A. Willis to attend the Internat o Cit Management Association Annual Conference in San Diego, California from September 27 t rough October 3, 1986, at a cost not to exceed $1,488.50. C. The Board award a purchase contract to Permalawn, Inc. of Evanston, Illinois, to furnish and deriver one front line mower with accessories at a cost not to exceed $12,400. E. The Board award a professional services contract to Donahue and Associates, Inc. for the completion o pans, spec ications and a detailed drainage study in order to effect the bidding of the Nicholas Boulevard project at a cost not to exceed $40,327. F. The Board grant a request for a variance from Section 11.204, paragraph A-5 ander-6 to permit a lar er than standard drivewa apron at 1066 G oria rive in the enandoah Subdivision. (The driveway serves a recently completed home with a three car garage. The apron would be 26 feet wide at the property line and 30 feet wide at the curb. The maximum driveway width permitted in residential sections is twenty (20) feet. ) G. The Board waive the first reading rule of an ordinance and adopt Ordinance No. 1825 entitled, "AN ORDINANCE AMENDING PARAGRAPH B, NUMBER OF LICENSES, OF SECTION 18. 1204, OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE BY INCREASING THE NUMBER OF CLASS "A" AND DECREASING CLASS "B" LIQUOR LICENSES" . H. The Board waive the first reading rule of an ordinance and adopt Ordinance No. 1826 entitled, "AN ORDINANCE GRANTING A VARIATION OF SECTION 3.54 AS IT PERTAINS TO MIN U�F1 M REQUIRED REAR YARDS TO PERMIT THE CONSTRUCTION OF A SWIMMING POOL IN THE REAR YARD OF PROPERTY LOCATED T� ARMSTRONG LANE, ELK GROVE VILLAGE (SEECK ". - 2 - 8-12-86 I. The Board waive the first reading rule of an ordinance and adopt Ordinance No. 1827 entitled, "AN ORDINANCE GRANTING A SIDEYARD VARIATION TO PERMIT THE STORAGE OF A BOAT IN THE S DT EYYARD AREA OF PROPERTY LOCATED AT 1658 VIRGINIA DRIVE, ELK GROVE VILLAGE (BLANK)". J. The Board waive the first reading rule of an ordinance and adopt Ordinance No. 1828 entitled, "AN ORDINANCE GRANTING A VARIATION OF THE FRONT YARD REGULATIONS FOR CORNETAR6-66UBLE FRONTAGE LOTS TO PERMIT BUILDING SETBACK LINES OF 22 FEET ON PROPERTIES LOCATED AT 709 CUTTER LANE, 721 CUTTER LANE, 734 CUTTER LANE, N 189TWWK LANE, ELK GROVE VILLAGE W N HOLDINGS, L D. . K. The Board adopt Ordinance No. 1829 entitled, "AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE VILLAGE WOODRIDGE, THEILLINOIS MUNICIPAL LEAGUE AND OTHER UNITS OF LOCAL GOVERNMENT" . The Board authorize the Village President and Village Clerk to execute the Inter overnmental Cooperation Agreement to activate t e Bond Pool . L. The Board adopt Resolution No. 62-86 entitled, "A RESOLUTION ACCEPTING A LETTER OF CREDIT AGREEMENT IN THE AMOUNT OF $1,623,407.50 FROM THE DEVELOPER (TERRESTRIS DEVELOPMENT CORPORATION) FOR PROPERTY COMMONLY KNOWN AS STAPE'S SUBDIVISION PHASE II , III , AND IV (WINDEMERE)". M. The Board adopt Resolution No. 63-86 entitled, "A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT NO. 86-107 FROM FIRST AMERICAN B R-9 OEM EXPIRING JULY 17, 1987 IN THE AMOUNT OF $1,485.00 TO GUARANTEE INSTALLATION OF PUBLIC IMPROVEMENTS AT 1550 ARTHUR AVENUE (ALLSTAR)". N. The Board adopt Resolution No. 64-86 entitled, "A RESOLUTION ACCEPTING AN IRREVOCABLE LETTER OF CREDIT NO. 66 FROM AVENUE BANK F ELK GROVE IN THE}(MOUNT OF$84,000.00 EXPIRING JULY 1, 1987 TO GUARANTEE COMPLETION OF PUBLIC IMPROVEMENTS IN THE CIRCLE BAY SUBDIVISION (ORIGINALLY ACCEPTED BY RESOLUTION NO. 57-85)". 0. The Board authorize the ffinalpaa,payment of $10,000 to Trine Construction Cor oration o the Arlington Heights R-o-a-d watermain replacement. The Board adopt Resolution No. 65-86 entitled, "A RESOLUTION ACCEPTING A BILL OF SALE/DEED OF CONVEYANCE AND MAINTENAN N N2-0120-10477- 85-1 EX I-RING JUNE 4, 1987 FOR ARLINGTON HEIGHTS ROAD WATERMAIN REPLACEMENT $30,1-51-.-0-2"-.— P. 30,151.02 .P. The Board authorize the Plan Commission to conduct a public hearing on a request to rezone from I-1 to B-2 a parcel of land west of and adjacent to the Esquire Restaurant (Kearns Engineering) . Q. The Board authorize the Village President to execute an Amended A reement with "T" En ineerin Service, Ltd. ora raisa services or t e acquisition of right-of-way for the Nerge Road project. - 3 - 8-12-86 R. The Board authorize the Village Manager to execute an Amended Agreement among the Village of Elk Grove Village, the village of Roselle, and the Cook County Highway Department fo. the review appraisal services for Nerge Roada-nom acquisition. S. The Board approve the 1986 Tax Levy Determination of $4,389,544 for the Village Levy and include $1,242,064 for the Library Board in the Aggregate Levy Ordinance. The President directed the Clerk to call the roll on the motion to adopt the Consent Agenda, Items "A, B, C, E, F, G, H, I , J, K, L, M, N, 0, P, Q, R, and S", and upon the roll being called the following answered AYE: Trustees Chernick, Gallitano, Hauser, Petri , Tosto, Bosslet; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Tosto and seconded by Trustee Chernick that the Board award a contract to Concrete Doctor, Inc. of Northbrook, Illinois to provide all labor, materia s, and equipment necessary to mud-jack raise approximately 6,000 square feet of ublic sidewalk at a cost not to exceed $6,900. The President direct e t e erc to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Hauser, Petri , Tosto, Bosslet, Chernick; PASS: Trustee Gallitano; NAY: none; ABSENT: none; whereupon the President declared the motion carried. Trustee Chernick requested the Board be informed as to where and when this project will take place in order for the Board to see the before and after of sidewalk. Trustee Tosto, Chairman of the Capital Improvements Committee, reported that the Committee met on July 29, 1986 and discussed a draft of the parking lot Driveway Maintenance Ordinance. A copy should be distributed to the entire Board before the next regular meeting on Tuesday, August 26, 1986. The Committee discussed the Nicholas Boulevard project including awarding a contract for professional services, as passed on the Consent Agenda this evening, to reduce the size of the sidewalks from five feet to four feet, to construct the pavement to a width of forty-eight feet from edge to edge, and to construct a Porland Cement Concrete Street instead of asphalt. Trustee Tosto scheduled a meeting of the Capital Improvements Committee for Monday, August 18, 1986 at 7:00 p.m. to discuss M & S Construction, the sidewalk survey in the Industrial Park, and a letter received from Cadillac Machinery. The Director of Public Works and the Village Engineer were requested to attend this meeting. Trustee Gallitano asked the Village Engineer if there were any plans to do another study of the ingress and egress at Burger King. The Engineer said the site has been monitored and the backup on Arlington Heights Road seems to be solved; however, other problems have been attributed to the interior of the parking lot since that was done. This may be relieved as soon as the parking lot is restripped, which will be in the next six weeks. Signage for the ingress and egress will be put up within the next two weeks. Trustee Tosto referred to the temporary bumpers in the area and asked when the paving would be done. The Engineer said an asphalt contractor will be sealing the parking lot within the next several weeks and he will be installing the permanent barrier and repaving where the bumpers were originally. Trustee Petri , Chairman of the Judiciary, Planning and Zoning Committee, said the draft ordinance for licensing Senior Congregate Housing should go to the Village Attorney for finalizing. A line of sight restrictions - 4 - 8-12-86 should be put on the Agenda for discussion at the Committee-of-the-Whole meeting, Tuesday, August 19, 1986. It was moved by Trustee Petri and seconded by Trustee Hauser that the Board direct the Village Attorney to prepare the proper ordinance with regard to licensin on re ate Housing. The motion was voted upon by acclamation; whereupon the rest ent eclared the motion carried. The Village Manager reported that the Plan Commission recommends granting approval for rezoning of the O'Hare International property located at Landmeier Road and Higgins Road to allow an Auto Emission Control Test Center. It was moved by Trustee Petri and seconded by Trustee Chernick that the Board concur with the recommendation of the Plan Commission and direct the Village Attorney to prepare the proper ordinance pertaining to rezoning of property located at Landmeier Road and Higgins Road from I-2 to The motion was voted upon by acclamation; whereupon the President declared the motion carried. The Village Manager presented a 5-lot plat of subdivision for property located at Arlington Heights Road and Biesterfield Road entitled "Elk Crossing" , which has been approved by the Plan Commission, the Judiciary, Planning and Zoning Committee, and Staff. Mr. Doug Winters , a representative of the Homeowners Association, addressed the Board stating that they have had a difficult time in contacting the developer of this property with regard to promises made at the public hearings regarding landscaping. President Zettek said that the developer is obligated to maintain the demands and requests of the Plan Commission, which will be enforced by the Village Board. The President further stated that if the Association is seeking an agreement with the developer, it should be done through the Association's Counsel ; however, the Village has recently adopted a Landscaping Ordinance that places demands on the developer to provide a given amount of landscaping predicated on square footage and the number of parking stalls, etc. , and part of that ordinance will provide that you have adequate screening. The Building Commissioner said the landscaping plan must be approved by the Plan Commission. The Building Department will not issue an occupancy permit until the landscaping has been installed. Mr. Winters said one of the Association's concern is landscaping the section to the west side of this property which the developer does not own at this time but has an option to buy until March, 1987. Although he did state at the Plan Commission hearing that landscaping would also be provided for that area. President Zettek told Mr. Winters that Staff would search out the testimony at the hearing with regard to those statements regarding landscaping of property not presently owned by the developer. At this time, 8:57 p.m. , the President called a recess to hear from anyone in the audience who might wish to address the Board. Residents from the Westgate and Stockbridge Subdivisions addressed the Board concerning the traffic problem in their area. A petition pertaining to the volume and speed of cars traveling in that area was submitted to the Board. President Zettek requested the petition be made a part of the minutes of this meeting. A decision as to what type of restraints to be installed will be presented at the next Village Board meeting. President Zettek called the meeting back to order at 9:36 p.m. It was moved by Trustee Petri and seconded by Trustee Bosslet that the Board adopt Resolution No. 66-86 entitled, "A RESOLUTION RESCINDING - 5 - 8-12-86 RESOLUTION NO. 12-86 AND APPROVING A PLAT OF SUBDIVISION IDENTIFIED AS ELK CROSSING". The President directed the Clerk to call the roll on the motion nn and upon the roll being called the following answered AvG: Trustees Hauser, Petri , Tosto, Bosslet, Chernick, Gallitano; NAY: none; ^BSENT: none; whereupon the President declared the motion carried. Trustee Hauser asked if the Building Department could look into the Sign Ordinance as it pertains to shopping centers. Since the Elk Crossing property has been divided into 5-lots , they will be permitted 5 signs. They could possibly resubdivide into 5 additional lots and there could be a profusion of signs. Discussion followed regarding restrictions of the number of signs allowed per lot and the sign requests from the developer of the Elk Crossing shopping center. The Building Commissioner said he would look into this problem and see how it can be handled. The Village Manager read a letter from the Chairman of the Zoning Board of Appeals recommending "Do Grant" for a variation request from owners of property located at 1055 Susan Court to build a deck which would infringe 9.8 feet into the required 20 foot rear yard. Trustee Bosslet asked if anyone attending the hearing voiced any objections and was informed there were none. The Board requested that if there are any objections offered they be reflected in the letter of recommendation. It was moved by Trustee Chernick and seconded by Trustee Tosto that the Board concur with the recommendation of the Zoning Board of Appeals on Docket No. 86-16 and direct the Village Attorney to prepare an ordinance granting the requested variation. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The President said the O'Hare Advisory Board will be meeting Thursday, August 14, 1986 and the Suburban O'Hare Commission will be meeting Thursday, August 14, 1986 at 9:00 a.m. Mrs. Bellis, owner of the home at 1055 Susan Court, requested the Board to authorize the Building Department to issue building permits for the construction of a deck prior to the passage of the ordinance to be prepared by the Attorney. The Board offered no objections and the President directed the Building Department issue the building permit. The Village Manager requested the Village board to establish an annexation hearing for property located at Devon Avenue and Tonne Road. The Consensus of opinion was to hold the hearing on Tuesday, September 9, 1986 at 7:30 p.m. Trustee Hauser referred to the Zoning Board of Appeals Docket No. 86-15, which had been tabled at the July 11, 1986 meeting. He said having visited the subject property and having read the transcript of the hearing, there does not appear to be a need. Trustee Hauser questioned the Building Commissioner as to where the Zoning Ordinance would allow the fence to be placed. Mr. Verder, the petitioner, presented a copy of this plat and showed where he intended to place his fence. Discussion followed between the Board, the Building Commissioner, and Mr. Verder regarding setback lines and double frontage lots. It was moved by Trustee Chernick and seconded by Trustee Tosto that the Board concur with the Zoning Board of Appeals and deny the request for a - 6 - 8-12-86 variation to construct a fence ahead of the side yard setback line. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees optri , Tosto, Chernick; NAY: Hauser, Bosslet, Gallitano; ABSENT: none_ whereupon President Zettek voted "AYE" and declared the motion carried. The Village Manager requested the Board's authorization to schedule a public hearing for September 9, 1986 at 7:00 p.m. to consider a petition to amend the SBL Annexation Agreement to allow for a vehicle maintenance and repair shop to be located on the parcel . It was moved by Trustee Chernick and seconded by Trustee Tosto that the Board authorize a public hearing before the President and Board of Trustees on Tuesday, September 9, 1986 at 7:00 p.m. to hear the petition of SBL Associates for a third amendment to the Annexation Agreement. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The Village Manager reported on the following items: 1. The annual Village Picnic will take place on Saturday, August — at Pirates' Cove beginning at 4:00 p.m. 2. The Northwest Municipal Conference will be meeting in a special session to consider a dispute between NORTRAN and PACE over jurisdictional control of placement and operation of buses. President Zettek will attend that meeting, representing the Village, PACE, and NORTRAN on Wednesday, August 13, 1986. 3. The Cook County Highway Department contractor rebuilding the bridge on Devon Avenue is in dispute with the County regarding the construction; however, it is anticipated that the work will resume in the near future. 4. The 73rd Illinois Municipal League Conference will take place Friday, September 19 through 22nd, 1986 at the Chicago Hilton and Towers. Registration application are in house. Anyone wishing to attend should inform the Village Clerk. 5. The Suburban Cook County Agency on Aging has put out a plea to communities in the northern Illinois area to take exception to a funding formula for aging service programs. Througghout the State the average is approximately $20 to $30 per person for funding purposes; however, Suburban Cook County is slated to receive $12.85 per person. The Agency on Aging has asked to Village to consider adopting a stock resolution that expresses the Village 's displeasure and discomfort with that funding and direct the resolution to Governor Thompson and the Illinois Department on Aging. A target date was not given. If there are no objections, this item will be placed on the Agenda for August 26, 1986 Village Board meeting. 6. Harriet Dalasky will be present at the Board meeting on August 26, 1986 to talk about the program she is advocating through the Community Service Board namely a program of the donation of organs to help the medical field treat persons who are in need of vital organs. - 7 - 8-12-86 7. No response has been received from the management company servicing the quadros on Wellington Avenue about their plight with parking spaces 8. A report from the Joint Action Water Agency was distributed which gives the total volume of water that was pumped through the system in the month of July. The amount was just 50.6 million gallons short of one billion gallons per month. Elk Grove Village received 23.6 percent of that volume of water. 9. The report response concerning artificial tanning facilities has been distributed to the chairman and members of the Board of Health. The Village Manager requested the Board's consideration of awarding a contract to C.K. Doty & Associates in the amount of $6,000.00 to prepare the sign specifications and plans for the Municipal Building addition. It was moved by Trustee Chernick and seconded by Trustee Hauser that the Board award a contract in the amount of $6,000.00 to C. K. Doty & Associates to prepare a Sign Manual for the Muni�ci a'Bui inn a i-dd't o— The President ired�the Clerk to cafT the Won the mot— i— o and upon the roll being called the following answered AYE: Trustees Petri , Tosto, Bosslet, Chernick, Gallitano, Hauser; NAY: none; ABSENT: none; whereupon the President declared the motion carried. The Manager requested the Board to consider a resolution adopting a plat of easement to provide for a storm sewer outlet in Circle Bay Subdivision. It was moved by Trustee Hauser and seconded by Trustee Petri that the Board adopt Resolution No. 67-86 entitled, "A PLAT OF EASEMENT FOR SEWER (CIRCLE BAY SUBDIVISION)". The President directed the Clerk to call t e roll on the motion an upon the roll being called the following answered AYE: Trustees Tosto, Bosslet, Chernick, Gallitano, Hauser, Petri ; NAY: none; ABSENT: none; whereupon the President declared the motion carried. The Village Manager requested the Board to consider directing the Village Attorney to prepare an ordinance to revise the Certificate of Authority issued to Birks Transportation Company to establish the number of authorized vehicles as ten (10) . It was moved by Trustee Hauser and seconded by Trustee Bosslet that the Board direct the Village Attorney to prepare an ordinance revisin the Certificate of Authorit for Birks Trans ortation Com an to esta is t e num er o aut orize ve is es as ten 1 e resident 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 , Tosto; NAY: none; ABSENT: none; whereupon the President declared the motion carried. The Village Manager asked the Board to consider holding an Executive Session following this meeting to discuss litigation. It was moved by Trustee Tosto and seconded by Trustee Petri that the Board hold an Executive Session following this Board meeting to discuss litigation. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Gallitano, Hauser, Petri , Tosto, Bosslet; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Petri that the meeting be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried and the meeting adjourned at 10:59 p.m. Patricia S. Smith Village Clerk Charles J. Zettek Village President - 8 - 8-12-86