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HomeMy WebLinkAboutVILLAGE BOARD - 06/28/1983 -MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON JUNE 28, 1983 President Charles J. Zettek called the meeting to order at 8:00 p.m. in the Municipal Building, 901 Wellington Avenue, Elk Grove Village and directed the Village Clerk, Patricia S. Smith to call the roll. Upon the roll being called the following answered PRESENT: Trustees Joseph T. Bosslet, Ronald L. Chernick, Edward R. Hauser, James P. Petri, Michael A. Tosto, Stephen M. Uhlarik. Village Attorney, George Knickerbocker and Village Manager, Charles A. Willis were present at this meeting. The Reverend Thomas Smith, Pastor of St. Nicholas Episcopal Church, delivered the invocation. It was moved by Trustee Tosto and seconded by Trustee Petri that the minutes of the regular meeting of June 14, 1983 be approved as submitted and that the Board dispense with the reading thereof. 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, Hauser, Petri, Tosto, Uhlarik; NAY: none; ABSENT: none; whereupon the President declared the motion carried. President Zettek reminded the Board of an Executive Session to be held after the Board meeting to discuss possible litigation and matters that effect current litigation. President Zettek informed the Board of a letter he received from State Represent- ative, David Harris, advising that Senate Bill 536 has passed the House with some changes. President Zettek gave a copy of the Bill to the Village Attorney to study and then give his interpretation of the essentials to the Board regarding the binding arbitration for municipal employees. The President requested the Board's approval of the appointment of Lawrence R. Herforth and Robert B. Nielsen to the Housing Commission for the term expiring April 30, 1985 both have been recommended by Karen Wirth, Chairman of the Housing Commission). It was moved by Trustee Hauser and seconded by Trustee Bosslet that the Board concur with the President's appointments as .stated above. 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 authorize the disbursement of $174,552.20 in payment of invoices as shown on the June 28, 1983 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 Chernick, Hauser, Petri, Tosto, Uhlarik, Bosslet; NAY: none; ABSENT: none; whereupon the President declared the motion carried. CONSENT AGENDA It was moved by Trustee Bosslet and seconded by Trustee Petri that: A. The Board adopt Resolution No. 42-83 entitled, "A RESOLUTION ASCERTAINING THE PREVAILING RATE OF WAGES FOR WORKMEN ON PUBLIC WORKS PROJECTS". B. The Board adopt Resolution No. 43-83 entitled, "A RESOLUTION ACCEPTING AND PLACING ON FILE A CONTINUATION CERTIFICATE AS A RIDER TO SUBDIVISION BOND NO. 2776415 FROM SAFECO INSURANCE COMPANY FILED BY CENTEX HOMES MIDWEST, INC. IN THE AMOUNT OF $408,000.00 (WINSTON GROVE SECTION 23A). C. The Board waive the first reading rule on an ordinance and adopt ORDINANCE NO. 1580 entitled, "AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSE OF THE VILLAGE OF ELK GROVE VILLAGE FOR MUNICIPAL PURPOSES DESIGNATED AS THE "ANNUAL APPROPRIATION BILL" FOR THE PERIOD BEGINNING MAY 1, 19T3, AND ENDING APRIL 30, 1984". 6-28-83 The President directed the Clerk to call the roll on the motion to adopt the Consent Agenda, items "A, B, and C", and upon the roll being called the fol- lowing answered AYE: Trustees Hauser, Petri, Tosto, Uhlarik, Bosslet, Chernick; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Tosto that the Board authorize the Village Manager to fill the following positions: A. One (1) vacant full -tine Maintenance Worker; B. One (1) vacant full-time Meter Reader; C. One (1) vacant part-time Meter Reader; and to eliminate one (1) full-time Meter Reader. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Petri, Tosto, Uhlarik, Bosslet, Chernick, Hauser; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Tosto and seconded by Trustee Petri that the Board grant a request from the Bongi Group, Inc. to extend a variation for a sign located at the Circle Bay Subdivision for a period of one 1 year. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Tosto, Uhlarik, Bosslet, Chernick, Hauser, Petri; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Petri and seconded by Trustee Tosto that the Board grant a request from the Village on the Lake Homeowner's Association for a variation from the Elk Grove Village Sign Ordinance to permit the installation of a free- standing double-faced identification sign near the northwest corner of Wellington Avenue and Biesterfield Road. Discussion followed between the Board and Building Inspection Supervisor regarding a discrepancy between the original plans and a recent description presented to the Board. It was moved by Trustee Chernick and seconded by Trustee Bosslet that the request from the Village on the Lake Homeowner's Association be tabled. The motion was voted upon by acclamation (Trustee Tosto voted NAY); whereupon the President declared the motion carried. It was moved by Trustee Petri and seconded by Trustee Hauser that the Board waive the first reading rule of an ordinance amending the rates for Fire and Ambulance Service outside the Village limits. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Petri and seconded by Trustee Hauser that the Board adopt Ordinance No. 1581 entitled, "AN ORDINANCE AMENDING THE RATES FOR FIRE AND AMBU- LANCE SERVICE OUTSIDE THE VILLAGE LIMITS". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Uhlarik, Bosslet, Chernick, Hauser, Petri, Tosto; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Hauser and seconded by Trustee Bosslet that the Board award a purchase contract to Profile Publication, Inc. of Crystal Lake, Illinois to create, publish and deliver 10,000 Quality of Life booklets and 3,000 sets of statistical information sheets and presentation jackets on the Village of Elk Grove, to be used in conjunction with the Village's Economic Development program, at a cost of $39,665, and the money to cover this cost be taken from Industrial Revenue Bond issuance fees that are received by the Village. The President directed the Clerk to call the roll on the motion and upon the roil being called the following answered AYE: Trustees Bosslet, Chernick, Hauser, Petri, Tosto, Uhlarik; NAY: none; ABSENT: none; whereupon the President declared the motion carried. - 2 - 6-28-83 Trustee Uhlarik reported a public hearing scheduled for Monday, June 27, 1983 regarding the Special Taxing District for the cleaning and repairing of the Industrial Ditches, due to a'lack of a quorum, was recessed until Tuesday, October 18, 1983. The Village Manager said a response from 450 of the property owners in the Special Taxing District area has been received and 80% of that group is in favor of joining into a contract. The deadline for response to the letter was June 28, 1983; however, it is expected that more will be coming back to the Village. The Village Manager stated that the Steering Committee met Monday, June 27, 1983 and representatives of the Engineering Department from the Chicago and North- western Railroad were present and were most willing to cooperate. The next meeting for that Committee will be Friday, July 15, 1983 at 3:00 p.m., at which time the questionnaires will be examined and contact will be made with those property owners who have not responded. Trustee Petri, Chairman of the Judiciary, Planning and Zoning Committee, said the Committee met as the Economic Development Council on Tuesday, June 21, 1983 and as a result of that meeting item Il of tonight's agenda, the awarding of a contract to Profile Publication, Inc., was authorized. Trustee Petri scheduled a Judiciary, Planning and Zoning Committee meeting for Wednesday, July 6, 1983 at 7:30 p.m. specifically to discuss item "a", Text Amendment, and item "j", petition of First Arlington Bank for annexation at the southwest corner of Meacham and Biesterfield Roads, of their Agenda. Trustee Petri asked that the Attorney for the petitioner of the First Arlington Bank and the adjoining property owners be notified of the meeting. The Administrative Assistant, Jon Wildenberg was requested to attend that meeting. Trustee Hauser requested that item "f", Economic Development Council, be removed from the Judiciary, Planning and Zoning Committee's Agenda and added to the Reports of other Boards, Commissions and Committees portion of the Agenda. Trustee Hauser, Chairman of the Personnel Committee, scheduled a meeting of the Committee for Wednesday, July 6, 1983 at 7:00 p.m. to discuss a proposed amendment to the Personnel Rules and Regulations relative to a Police Officer's Law Enforcement Responsibilities. The Village Manager informed the Board that the Plan Commission had met and discussed the petition of Mr. Robert E. Niemiec and Virian J. Wadford for a Special Use Permit to allow the establishment and operation of a bus station at 1020 E. Higgins. Road. The Plan Commission recommends approval of the Special Use Permit subject to certain conditions as stated in their report of Thursday, June 23, 1983. It was moved by Trustee Petri and seconded by Trustee Bosslet that the Board direct the Village Attorney to prepare the necessary document for the Special Use Ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. The President recognized Mr. Virian Wadford in the audience who requested the approval of the Board to permit work to begin in the shopping center prior to the adoption of the ordinance. It was the consensus of the Board to allow the Building Department to issue the proper permits for this project. The Village Manager noted to the Board the petition of the First Arlington Bank for annexation and rezoning of 10.22 acre parcel,at the southwest corner of Meacham and Biesterfield Roads, had been referred to the Judiciary Planning and Zoning Committee at the request of the Attorney for the petitioner. This petition has been heard by the Plan Commission and their recommendation to the Board is listed in their report of June 22, 1983. The Judiciary, Planning and Zoning Committee will review these recommendations at their meeting on July 6, 1983. The Manager referred to the Plan Commission's report of June 24, 1983 regarding Conditional Business Use. This item has been referred to the Judiciary, Planning and Zoning Committee and will also be discussed at the July 6, 1983 meeting. - 3 - 6-28-83 The Village Clerk read a letter to the Board from the Chairman of the Zoning Board of Appeals, Robert F. Fleming, relating to a public hearing on behalf of Mr. Jack Lewin for a variation from the Zoning Ordinance as it relates to side yard requirements, to permit the construction of a deck. The Zoning Board of Appeals recommends a "Do Grant". It was moved by Trustee Chernick and seconded by Trustee Petri that the Board concur with the recommendation of the Zoning Board of Appeals and direct the Attorney to prepare the proper documents. The motion was voted upon by accla- mation; whereupon the President declared the motion carried. The President directed the Building Inspection Supervisor to cooperate with Mr. Lewin so he may begin work on his property. Trustee Petri informed the Board of a meeting of the Warner Cable Group on Thursday, July 7, 1983 at 8:00 p.m. in Buffalo Grove. Trustee BOSslet informed the Board that he attended a meeting of the Suburban O'Hare Commission on June 21, 1983 in Bennsenville. A quorum was not present, therefore a meeting could not be held; however, there was discussion regarding the insulation of schools in the Bensenville area. Four schools are scheduled for insulation but they are considering the request for all in the area to be insulated. The President referred to a letter from the Village of Niles President in which he was looking for concurrence, rejection or a need for further information from the members of the Suburban O'Hare Commission hiring an Executive Director. President Zettek said he had talked with Trustee Bosslet and he is not in total agreement and would like further information. With the concurrence of the Board President Zettek said he would write a letter requesting further information. Trustee Hauser recommended for the record that the Economic Development Council for now, under a temporary makeup, consist of Trustees Petri, Bosslet, Hauser; Pres_ident_Zettek Finance Director, George Coney; and Assistant Finance Director, Len Flood. There was no objection from the Board to this recommendation. At this time, 9:00 p.m., President Zettek asked if anyone in the audience wished to address the Board. Mr. Jack Lewin asked if the Building Code could be modified so that others could have the same variation that had been granted to him. President Zettek informed him that all residents have the same opportunity to request a variation and that is the only control the Board has regarding con- struction in the Village. Each situation must be treated individually. The Manager reported as follows: 1. A problem with the transportation industry Taxi Company in the Village and at the next Village Board meeting will be placed on the Agenda the question of conducting a public hearing to consider the revocation of a franchise issued to the Birk's Transportation Company. Discussion should be undertaken at the next meeting prior to calling a public hearing to determine what steps if any the cab company is going to take in order to comply with the franchise issued to them some time ago. Trustee Hauser asked about a study done by the Northwest Municipal Conference regarding Taxi Regulations. The Manager said a report had been filed and a copy would be given to Trustee Hauser. 2. The Village has communicated with the Illinois Department of Transportation Division of Water Resources asking for assistance for a number of property owners along Salt Creek. The erosion along the Creek has reduced the amount of property that once existed and owners are concerned that - 4 - 6-28-83 unless something is done further erosion will remove their property and send it down the creek. No reply has been received as yet. 3. There will be a public hearing on Tuesday, July 12, 1983 at 7:45 p.m. regarding Industrial Revenue Bonds for Andrews Paperboard, Inc. They are seeking Industrial Revenue Bonds in the amount of $500,000. 4. A proposal has been submitted to the Superintendent of Highways of Cook County suggesting that there be some give and take regarding the use of FAUS monies relative to the improvements on Meacham Road and the widening of Nerge Road west of Meacham Road. No response has been received as yet. 5. A response from the Illinois EPA on the Federal Grant application for the rehabilitation of sewers has been delayed. That report should be forthcoming in the next week. The Village is looking to meet with the Illinois EPA, United States EPA, and the Village of Bensenville during the week of July 18, 1983. Fol- lowing that meeting, the Village will meet with the Village of Bensenville regarding the Waste Water Contract. 6. The Village has filed for FAUS funding for the extension of Biesterfield Road from Home Avenue to the Meacham Road project. The total cost for the project to be $485,000; with the Federal share $339,500,and the Village protion $145,500. 7. The Illinois Department of Transportation has not approved the Village request for a 4 -way stop inter- section at Rohlwing and Biesterfield Roads saying the traffic at that intersection does not warrant that kind of traffic control at this time. 8. Senate Bill 536 has passed the House and is some place in the Senate at this time. There is some belief this Bill will undergo further modifications and amendments before the end of the General Assembly Session. The type of changes to be made are not known; however, the direction will probably be in favor of the employers since they represent some significant legislators in the State, such as the Governor, the Mayor of Chicago, and Mayors of other cities in Illinois. One of the changes was the effective date from January, 1984, until June 1, 1984. The Village Manager informed the Board that the Village had been served with notice of suit of Declaratory Judgment to challenge the Village's ability to impose a freeze on promotions and the ability to fill positions from an eligibility list previously established by the Police and Fire Commission through the testing process. It is recommended that we respond to that complaint and authorize the Village Attorney to represent the Village in the case and authorize him at the same time to engage a labor counsel to assist in our defense in this Declaratory Judgment case. It was moved by Trustee Petri and seconded by Trustee Hauser that the Board authorize the Village Attorney to represent the Village in the Declaratory Judgment case andto engage special labor counsel to assist in the case. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Hauser, Petri, Tosto, Uhlarik, Bosslet; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Bosslet that the Board go into Executive Session after adjournment of the Board meeting to discuss litigation. The President directed the Clerk to call the roll on the motion - 5 - 6-28-83 and upon the roll being called the following answered AYE: Trustees Hauser, Petri, Tosto, Uhlarik, Bosslet, Chernick; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Petri and seconded by Trustee Bosslet that the meeting be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried and the meeting adjourned at 9:17 p.m. Charles J. Zettek Village President Patricia S. Smith Village Clerk - 6 - 6-28-83