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HomeMy WebLinkAboutVILLAGE BOARD - 12/03/1974 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE ,VILLAGE HELD ON DECEMBER 3, 1974 President Charles J. Zettek called the meeting to order at 8: 18 p.m. in the Municipal Building, 901 Wellington Avenue, Elk Grove Village and directed the Village Clerk, Eleanor G' Turner to call the roll . Upon the roll being called the following answered PRESENT: Trustees Ronald L. Chernick, Edward W. Kenna, Theordore J. Staddler, Michael Tosto, Nancy L. Vanderweel ; ABSENT: Trustee George T. Spees. Village Attorney, Edward C. Hofert and Village Manager, Charles A. Willis were present at this meeting. The Reverend Schuyler Butler, Pastor of the Elk Grove Baptist Church, delivered the invocation. President Zettek called the Board 's attention to the dedication of the Elk Grove Baptist Church to be held this Sunday, December 8, 1974. The President noted receipt of a letter from the North Suburban Mass Transit District in reply to the Village's inquiry regarding the future of the United Motor Company Bus Service to Elk Grove Village. The Regional Transit Author- ity has made an emergency grant to United Motor Company through December 31 , 1974. After that time the North Suburban Mass Transit District, through Federal and State grants , will become the owner and operator of the bus company and the routes . NORTRAN has no operating staff and has contracted with the Chicago Transit Authority to provide certain management services , however, NORTRAN will retain all policy perogatives . It is anticipated .that the Regional Transit Authority will fund the NORTRAN service in 1975. If not, NORTRAN will have no alternative but to contact communities outside the jurisdictional areas and again request funds , or eliminate services . The President requested that the Village Manager communicate with the Senior Citizens Group in Elk Grove Village and relate the above information to them. Trustee Vanderweel announced that the Village Christmas tree lighting will take place on Tuesday, December 10, 1974 at 7:00 p .m. Tha public is invited to attend this program. It was moved by Trustee Chernick and seconded by Trustee Vanderweel that the Board award a contract to Layne-Western Company to perform certain work in connection with rehabilitating Well No. 2 at Touhy Avenue and Busse Road pursuant to their bid of $16,93r4.00 for basic work and $55.50 per hour for bail- ing and clean-out, in accordance with a report and recommendation from the Director of Public Works . (Only one bid was received for this work) . The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Kenna, Staddler, Tosto, Vanderweel ; NAY: none; ABSENT: Trustee Spees; whereupon the President declared the motion carried. It was moved by Trustee Staddler and seconded by Trustee Chernick that the Board award an equipment purchase contract to the low bidder, P & W Industrial Sales Inc. , Des Plaines , Illinois, for a Ford 45011F back-hoe and loader at a cost of $15, 108.00 in accordance with the public bid opening of November 14, 1974 on this equipment and as recommended by the Director of Public Works . The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Kenna, Staddler, Tosto, Vanderweel , Chernick; NAY: none; ABSENT: Trustee Spees; whereupon the Presi - dent declared the motion carried. Trustee Chernick, Chairman of the Capital Improvements Committee, reported as follows : 1 . The Committee met regarding the allotment of natural gas for use at the Fire Station to be built west of Route 53 . Alternate ways of heating the building were discussed and planned with the architect. 2, The Committee recommends that all persons and/or firms who submit bids as a result of the Village's public bidding notices be pre-qualified in order to save costs to the Village. - 1 - 12-3-74 Trustee Spees arrived at 8:32 p.m. Trustee Kenna, Chairman of the Judiciary, Planning and Zoning Committee, re- ported that the Plan Commission met on Monday, December 2, 1974 to consider the petition of S.B.L. Associates , contract purchasers of the former Buttita property at the northeast corner of Devon Avenue and Route 53 , this petition having been heard at a public hearing on September 5, 1974. The Chairman of the Plan Commission reported to Trustee Kenna that ' the Plan Commission has recommended approval of the annexation of this property (98.49 acres) and zoning to A-2 Residential with approximately 31 acres zoned for business uses. The Judiciary, Planning and Zoning Committee has recommended that steps be taken to conduct a public hearing by the Board on a pre-annexation agreement relating to this property. It was moved by Trustee Kenna and seconded by Trustee Vanderweel that all steps be taken to publish a notice of public hearing by the President and Board of Trustees 12-30-74, on a pre-annexation agreement between the Village and S.B.L. & Associates Inc. , pending completion of all necessary documents which are a prerequiste to hearing this matter. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Spees , Staddler, Tosto, Vanderweel , Chernick, Kenna; NAY: none; ABSENT: none; whereupon the President declared the motion carried. President Zettek announced that there have been a number of complaints from residents citing inconvenience where cars are parked in driveways blocking sidewalks . For some years the ordinance which prohibits blocking of sidewalks has not been enforced since there is a hardship on those persons who have a single car driveway and more than one car and cannot park on the street from 2 to 5 a.m. The President asked the Judiciary, Planning and Zoning Committee to review this ordinance and prepare a recommendation as to whether or not to enforce the ordinance or remove it from the Municipal Code. The Clerk reported receipt of the recommendations of the Plan Commission and the Village Engineer of the following plats of one lot subdivisions: Centex Industrial Park Units 192, 193 , 194; and the approval of the Village Engineer, Plan Commission and the Judiciary, Planning and Zoning Committee of the Frisbie Subdivision located on the west side of Higgins Road immediately south of the Navarone Restaurant. It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board adopt Resolution No. 102-74 entitled , "A RESOLUTION OF APPROVAL OF PLAT OF SUB- DIVISION IDENTIFIED AS CENTEX INDUSTRIAL PARK UNIt NO. 192''. . The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Staddler, Tosto, Vanderweel , Chernick, Kenna, Spees; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board adopt Resolution No. 103-74 entitled, "A RESOLUTION OF APPROVAL OF PLAT OF SUB- DIVISION IDENTIFIED AS CENTEX INDUSTRIAL PARK UNIT NO. 193". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Tosto, Vanderweel , Chernick, Kenna, Spees, Staddler; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Kenna and seconded by Trustee Vanderweel that the Board adopt Resolution No. 104-74 entitled, "A RESOLUTION OF APPROVAL OF PLAT OF SUB- DIVISION IDENTIFIED AS CENTEX INDUSTRIAL PARK UNIT 140. 194". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Vanderweel , Chernick, Kenna , Spees, Staddler, Tosto; NAY: none; ABSENT: none; whereupon the President declared the motion carried. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board adopt Resolution No. 105-74 entitled , "A RESOLUTION OF APPROVAL OF PLAT OF SUB- DIVISION IDENTIFIED AS FRISBIE SUBDIVISION". The President directed the Clerk to call the roll on the motion and .upon the roll being called the following answered AYE: Trustees Chernick, Kenna, Spees, Staddler , Tosto, Vanderweel ; NAY: none; ABSENT: none; whereupon the President declared the motion carried. The Clerk reported receipt of a report from the Plan Commission regarding Docket No. 74-11 , a hearing on a proposed text amendment to the Zoning Ordinance permitting fences on double frontage lots where one yard fronts on a major - 2 - 12-3-74 arterial street. The Plan Commission has recommended that the petition be granted and that all pertinent sections of the Zoning Ordinance be amended to accomodate this recommended change. Trustee Kenna reported that the Judiciary, Planning and Zoning Committee concurs with the recommendation of the Plan Commission. Copies of a proposed ordinance to make this change in the Zoning Ordinance were distributed to the Board members. It was moved by Trustee Spees and seconded by Trustee Vanderweel that the Board waive the first reading rule with respect to an ordinance concerning fences on double frontage lots. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Vanderweel that th- Board adopt Ordinance No. 962 entitled, ''AN ORDINANCE AMENDING THE ELK GROVE VILLAGE ZONING ORDINANCE CONCERNING FENCES ON DOUBLE FRONTAGE LOTS''. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Kenna, Spees , Staddler, Tosto, Vanderweel , Chernick; NAY: none; ABSENT: none; whereupon the President de- clared the motion carried. The Clerk reported that the Zoning Board of Appeals will meet on Monday, December 9, 1974 for the purpose of reaching a decision on a petition heard Friday, November 29, for variations for fences on corner lots . The Clerk noted receipt of the following recommendations from the Zoning Board of Appeals : 1 . Regarding Docket 74-10, a petition heard on Wednesday, November 13th, of Hobart/McIntosh Paper Company, 1825 Greenleaf Avenue, Elk Grove Village, requesting a variation from the requirements of the Zoning Ordinance to con- struct an addition to their existing building within the 25 foot set-back due to a hardship created by the widening of Route 83 at Greenleaf Avenue. The Zoning Board has recommended that the petition be granted. 2. Regarding Docket 74-11 , a petition of Mr. & Mrs . Anthony W. Griffith, 987 S. Borman Court, was heard on Friday, November 29th. This was a request for a variation to permit construction of a room addition on their non-conforming lot which has side dimension of 6 feet 3 5/8 inches. The Zoning Board recom- mended that the petition be granted. 3. Regarding Docket 74-12, a petition of Mr. & Mrs . Richard Oakes , 298 Smethwick Lane, for a variation to permit a fence within the 25 foot set- back on their corner lot at Chelmsford Lane :and Smethwick Lane, heard on November 29th. The Zoning Board recommended that the petition be granted. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board concur with the recommendation of the Zoning Board of Appeals regarding Docket No. 74-10, a petition of Hobart/McIntosh Paper Co. for a variation to construct an addition and direct the Village Attorney to prepare an ordinance granting such a variation. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Spee„ Staddler, Tosto, Vanderweel , Chernick, Kenna; NAY: none; ABSENT: none; whereupon the President declared the motion carried. Discussion followed concerning the petition of Mr. & Mrs. Anthony Griffith, 987 S. Borman Court. The Village Manager noted that the house on this lot was built under the former Zoning Ordinance which had a lesser side yard require- ment than the present Zoning Ordinance. The room addition proposed by the pro-arty owner would not violate the present side yard requirement, however, the hearing was conducted since the lot is non-conforming under the present ordinance. It was moved by Trustee Chernick and seconded by Trustee Vanderweel that the Board concur with the recommendation of the Zoning Board of Appeals regarding the petition of Mr. & Mrs . Anthony Griffith of 987 S. Borman Court and direct the Village Attorney to prepare an ordinance to'grant a variation to permit construction of a room addition on their property at that location. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Staddler, Tosto, Vanderweel , Chernick, Kenna, Spees; NAY: none; ABSENT: none; whereupon the President declared the motion carried. - 3 - 12-3-74 It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board direct that all fees be returned to Mr. & Mrs. Anthony W. Griffith and hold the petitioner harmless for any and all costs to them in connection with the hearing held by the Zoning Board of Appeals on Friday, November 29, 1974 on their petition. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Tosto, Vanderweel , Chernick, Kenna, Spees, Staddler; NAY: none; ABSENT: none; whereupon the President declared the motion. carried. It was moved-by Trustee Vanderweel and seconded by Trustee Kenna that the Board concur with the recommendation of the Zoning Board of Appeals regarding Docket No. 74-12, the petition of Mr. & Mrs. Richard Oakes , 298 Smethwick Lane, for a variation to permit a fence within the 25 foot set-back on the corner lot, and direct the Village Attorney to prepare the necessary ordinance granting such a variation. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Vanderweel , Chernick, Kenna, Spees , Staddler, Tosto; NAY: none; ABSENT: none; whereupon the President declared the motion carried. At the regular meeting of October 22, 1974 the Village Attorney was directed to review a Zoning Board of Appeals recommendation that the Board grant a variation from the front and rear yard regulations and a variation from the parking space regulations for property located at 575 Bennett Road occupied by N.C.L. Graphics. The recommendation from the Zoning Board of Appeals was conditioned upon the j petitioner entering into an agreement with the Village which would regulate the number of employees on any given work shift. A report from the Village Attorney was distributed to the Board members wherein the Attorney stated that any coven- ants which might be obtained in which the owner and/or tenant would be willing to give are illusory and from a practical standpoint, difficult if not impossible to enforce. These convenants would relate to excessive parking situations which might arise in the event a variation were granted to allow the increase building size thereby decreasing parking area. It was moved by Trustee Kenna and seconded by Trustee Staddler that this matter be returned to the Zoning Board of Appeals with a copy of the report from the Village Attorney. The motion was voted upon by acclamation; whereupon the President declared the motion carried. Attorney Hofert stated that the Illinois Revised Statutes provide that zoning ordinance variations may be granted only under a practical hardship condition. f If recommendations are made by the Zoning Board to grant a variation, the recom- mendation should contain a finding of practical hardship . Without such a con- dition there is a technical deficiency in the recommendation and in the granting of a variation. The Attorney will convey his cautionary. remarks to the Chair- man of the Zoning Board of Appeals. At this time 9:00 p .m, the President asked if there were any person in the audience who wished to address the Board. Mr. Dean Roeing of 1248 Carlisle Ave. questioned the Board concerning the replacement of furnace vent caps . The President stated that even though the replacement of the vent cap is not noted in the Centex letter to homeowners, vent caps will be replaced by Centex if the present vent cap is in violation of the Building Code, Mr. Roeing presented a letter to the Judiciary, Planning and Zoning Committee containing a number of suggestions for revisions to the Building Code. Mr. Roeing also called the Board 's attention to the failure of his hot water tank. * A Letter dated November 22, 1974 was sent from Centex Construction Company Inc. to all property owners in the area where premature furnace failures have been found. This letter stated that Centex Construction Co. has employed Western Heating & Air Conditioning Co. an independent contractor, to inspect the heat exchangers in the furnaces at no cost to the homeowners. In the event of a faulty heat exchanger, the contractor will replace it at no cost for the material . The homeowner will be required to pay only a pro-rata share of the labor cost of $85.00 for an un-air-conditioned house and $100.00 for an air conditioned ,house. The pro-rata figure will be based on the unexpired protion of the warranty on the furnace. In addition, grills for the furnace room doors will be furnished at no charge for installation by the homeowner. If the heat exchanger is defective and is replaced by an independent contractor of the homeowners own choosing, Centex Construction Co, will furnish at no cost to the homeowner a new Johnson heat exchanger and will reimburse the homeowner for the labor on the above pro-rata basis. - 4 - 12-3-74 Mr. Kevin McCarthy, Community Services Board , reported briefly concerning the activities of that Board. Copies were distributed of a proposed ordinance changing the meeting scheduled for December 24, 1974 to December 23 , 1974, whereupon it was moved by Trustee Spees and seconded by Trustee Vanderweel that the Board waive the first reading rule with respect to said ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Tosto that the Board adopt Ordinance No. 963 entitled, "AN ORDINANCE RESCHEDULING THE REGULAR MEET- ING OF DECEMBER 24, 1974 TO DECEMBER 23 , 1974". The President directed the Clerk to call the roll on the motion and upon the roll being called the fol- lowing answered AYE: Trustees Chernick, Kenna , Spees , Staddler, Tosto, Vanderweel ; NAY: none; ABSENT: none; whereupon the President declared the motion carried. Copies were distributed of a proposed ordinance annexing and zoning approxi - mately 37 acres of property which the Village has purchased at the northeast corner of Landmeier Road and Busse Road . It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board waive the first reading rule with respect to an ordinance annexing the above property to the Village. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Kenna and seconded by Trustee Staddler that the Board adopt Ordinance No. 964 entitled; "AN ORDINANCE ANNEXING APPROXIMATELY 37 ACRES OF VACANT LAND AND ADJOINING ROADWAYS TO THE VILLAGE OF ELK GROVE VILLAGE". The President directed the Clerk to call the roll on the motion and upon the roil being called the following answered AYE: Trustees Kenna, Spees , Staddler, Tosto, Vanderweel , Chernick; NAY: none; ABSENT: none; President Zettek voted AYE and declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Kenna that the Board waive the first reading rule with respect to an ordinance zoning the above property to the I-1 Zoning classification in accordance with the Official Map of the Village of Elk Grove Village. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board adopt Ordinance No. 965 entitled, "AN ORDINANCE ZONING PROPERTY ANNEXED TO THE VILLAGE OF ELK GROVE VILLAGE". The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Spees , Staddler, Testa, Vanderweel , Chernick, Kenna; NAY: none; ABSENT: none; whereupon the President declared the motion carried. The Village Manager reported that: 1 . A report of the traffic conditions on Oakton Street containing certain recommendations has been given to the Village Board. In accordance with the request of the Board, tho Manager will send copies of this report to the Chairman of the Osborn Park Neighbors Gioup and the Rupley School Parent Teacher Society. 2. A meeting has been scheduled for January 7, 1975 at 7:00 p.m. be- tween the Village and the Elk Grove/Schaumburg Mental Health Board concerning their request for land for a building to house their operation. 3. Ordinance No. 755 adopted July 6, 1971 related to a Metropolitan Sanitary District Easement right for two major interceptors leading to the Upper Salt Creek Interceptor Plant. Part of the agreement required that the District restore the public right-of-way to its prior condition upon completion of the work. The Manager stated that the present condition of the property is proper and it would be in order to acknowledge the release of the obligation for the restoration. The District is required to maintain the restoration for a period of two years from acceptance, and in addition,. there are other -con- tinuing conditions imposed upon the District by Ordinance No. 755• It was moved by Trustee Tosto and seconded by Trustee Chern.':.:, inat the Board acknowledge completion of the work done by the Metropolitan Sanitary District as to the restoration of the easement leading to the Upper Salt Creek Watershed - 5 - 12-3-74 Interceptor Plant, and acknowledge that the District is no longer responsible for its restoration. However, it is understood that the responsibility for maintenance of the restoration lies with the District for a two year period beginning this date, and other conditions of the agreement remain in effect as set forth in Ordinance No. 755. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE : Trustees Staddler, Tosto, Vanderweel , Chernick, Kenna, Spees; NAY: none; ABSENT: none; whereupon the President declared the motion carried. Trustee Kenna questioned the status of the extension granted to Gladstone Realty Co, for the use of the building on Higgins Road between Randall Street and Kelly Street. The Manager will request that Gladstone notify the Board of its pians for the removal of the building in accordance with the extension agreement which will expire in February 1975. Trustee Spees requested that the staff secure a copy of the Ethics Ordinance adopted by the Village of Palatine. It was moved by Trustee Vanderweel and seconded by Trustee Kenna that the meet- ing be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried and the meeting adjourned at 9:58 p.m. Eleanor G. Turner Village Clerk w Charles J. Zettek Village President - 6 - 12-3-74