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HomeMy WebLinkAboutVILLAGE BOARD - 12/26/1973 - • I 1e MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES HELD ON WEDNESDAY, DECEMBER 26, 1973 President Charles J. Zettek called the meeting to order at 8: 12 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, George T. Spees, Theodore J. Staddler, Michael Tosto, Nancy L. Vanderweel ; ABSENT: Trustee Edward W. Kenna. Village Attorney Edward C. Hofert was present at this meeting. The Reverend Joseph W. Peoples , Jr. Pastor of St. Nichola; Episcopal Church, delivered the invocation. It was moved by Trustee Staddler and seconded by Trustee Vanderweel that the minutes of the regular meeting of December 11 , 1973 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 administered the Oath of Office to Police Department Patrolman Richard H. Cribber. The President requested the concurrence of the Board in his appointment of Mr. Kevin McCarthy, Mr. Richard Penley and Trustee Theodore J. Staddler to the Community Services Board for the terms ending April 30, 1977, where- upon it was moved by Trustee Chernick and seconded by Trustee Vanderweel that the Board concur in the foregoing appointments of the President to the Community Services Board. The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Spees , Staddler, Tosto, Vanderweel , NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. The President reported that Brother Ferdinand Leyva of Alexian Brothers Medical Center has requested that he not be a member of the Community Services Board however, at the suggestion of the President, Brother Ferdinand consented to serve in an ex-officio capacity and the President requested the concurrence of the Board in his appointment as such, whereupon it was moved by Trustee Spees and seconded by Trustee Vanderweel that the Board concur in the President ' s appointment of Brother Ferdinand Leyva as an ex-officio member of the Community Services Board. 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; NAYS: None; ABSENT: Trustee Kenna; where- upon the President declared the motion carried. Following discussion of the request of the Community Services Board for a change in membership from 15 to 13, it was moved by Trustee Chernick and seconded by Trustee Staddler that the Board direct the Village Attorney to prepare an ordin- ance amending the Municipal Code to provide for membership on the Community Services Board of 13 instead of 15, and one Village Board Trustee member instead of two. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Staddler that the Board -uthorize the disbursement of $5,874.07 from the Water and Sewer Department Operating Account , $21 ,047.77 from the General Corporate Account , $4,161 .00 from the Federal Revenue Sharing Fund, $97.09 from the Civil Defense Fund in payment of invoices as shown on the December 28, 1973 Account 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 Staddler, Tosto, Vanderweel , Chernick, Spees; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. Copies were distributed to the Board of proposed pre-annexation agreements and annexation ordinances regarding two properties referred to as Slough Park=_, Inc., one being a 25 acre tract on the east side of Busse Road, south of Oakton Road and a 15.8 acra tract on the west side of Busse Road, north of Oakton Road. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board adopt Resolution No. 146-73 entitled "AN ANNEXATION AGREEMENT ON A 25.0 ACRE PARCEL OF LAND DATED DECEMBER 26, 1973 BETWEEN THE HARRIS TRUST AND SAVINGS BANK AS TRUSTEE UNDER TRUST NO. 32669 DATED MARCH 3 , 1967, SLOUGH PARKS, INC. , A DELAWARE CORPORATION AND THE VILLAGE OF ELK GROVE VILLAGE ." - I - 12/26/73 In reply to Trustee Chernick' s question, the Village Attorney and Village Manager stated that the annexation agreement referred to above has been reviewed and appears to be accurate and correct and in full accord with the Board' s prior discussions relating to the terms. 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, Spees , Staddler; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Vanderweel that the Board adopt Resolution No. 147-73 entitled "AN ANNEXATION AGREEMENT ON A 15.8 ACRE PARCEL OF LAND DATED DECEMBER 26, 1973 BETWEEN THE PULLMAN BANK AND TRUST AS TRUSTEE UNDER TRUST NO. 7180971 DATED MAY 21 , 1971 SLOUGH PARKS INC. , A DELAWARE CORPORATION AND THE VILLAGE OF ELK GROVE VILLAGE." In reply to Trustee Chernick' s question, the Village Attorney and Village Manager stated that the annexation agreement referred to above has been reviewed and appears to be accurate and correct and in full accord with the Board' s prior discussions relating to the terms. 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, Spees, Staddler, Tosto; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board waive the first reading rule with respect to an ordinance annexing 25 acres of property located on the east side of Busse Road, south of Oakton Road. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board adopt Ordinance No. 900 entitled "AN ORDINANCE ANNEXING 25 ACRES (SLOUGH PROPERTY) TO THE VILLAGE OF ELK GROVE VILLAGE PER ANNEXATION AGREEMENT (PROPERTY ZONED 1 -1 UPON ANNEXATION PER ELK GROVE VILLAGE ZONING ORDINANCE AND COMPREHENSIVE PLAN. )" The President directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Spees , Staddler, Tosto, Vanderweel ,President Zettek; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board waive the first reading rule with respect to an ordinance annexing 15.8 acres of property located on the west side of Busse Road, north of Oakton Road. 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 the Board adopt Ordinance No. 901 entitled " AN ORDINANCE ANNEXING 15.8 ACRES (SLOUGH PROP- ERTY) TO THE VILLAGE OF ELK GROVE VILLAGE PER ANNEXATION AGREEMENT (PROPERTY ZONED 1-1 UPON ANNEXATION PER ELK GROVE VILLAGE ZONING ORDINANCE AND COMPREHENSIVE PLAN." 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, President Zettek; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. Attorney R. Marlin Smith, representing the owners of the Slough Parks properties, presented checks drawn on the First National Bank of Chicago payable to the Village of Elk Grove Village as follows: $6,500.00 for water extensions to serve the 25 acre parcel ofproperty annexed above; $2,500.00 for traffic control and other Municipal purposes for the above 25 acre parcel ; and $1 ,580.00 for traffic control and other Municipal services for the 15.8 acre parcel annexed above. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board approve the interim measures for limited on-Street parking proposed by the Chief of Police to accomodate the need for high school parking during the driver education period which concludes at the end of February, 1974. This proposal removes the parking restrictions signs from the southwest side of Middlebury Lane between Tower Lane and Charing Cross Road and removes the parking restrictions signs from the northwest side -of Tower Lane between Elk Grove Boulevard and Sussex Court The.- Presiie'nt 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, Spees; NAYS: None ; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. - 2 - 12/26/73 Trustee Vanderweel requested a report from the Chief of Police in February as to the effect of the above solution to the school parking problem. It was moved by Trustee Chernick and seconded by Trustee Vanderweel that the Board waive the first reading rule with respect to an ordinance prohibiting a right turn after stopping for a red traffic signal at the intersection of Arlington Heights Road and Biesterfield Road/Kennedy Boulevard. The motion was voted upon by acclamation; whereupon the President declared the motion carried. ' It was moved by Trustee Chernick and seconded by Trustee Spees that the Board adopt Ordinance No. 902 entitled " AN ORDINANCE AMENDING SECTION 14.311A OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE PROHIBITING A RIGHT TURN AFTER STOPPING FOR A RED TRAFFIC SIGNAL." 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, Spees, Staddler; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Tosto that the Board authorize the Village Manager to sign a contract with Petrolane Gas Service, Inc. to install propane gas fuel systems in eight police squads (2 transfers and 6 additional squads) and to lease a second storage tank at a cost not to exceed $4,000.,00 plus a monthly rental of $40.00 for two squad units and two storage tanks. 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, Spees, Staddler, Tosto; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board award a purchase contract to Denna Lawn and Sport, Bensenville, for one sixteen horse power tractor and forty-six inch snow blade at a cost not to exceed $1 ,495.00, lowest of three quotes solicited and received for this equipment for the purpose of maintenance of grounds and building at 901 Wellington Avenue, in accordance with ( the recommendation of the Director of Finance and the Village Manager. The President (C directed the Clerk to call the roll on the motion and upon the roll being called the following answered AYE: Trustees Chernick, Spees, Staddler, Tosto, Vanderweel ; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board authorize hiring a full time custodian-maintenance man at pay range 20 and that $2,000 of the $6,000 appropriated for wages and salaries in the Municipal Buildings account be authorized for use as wages. 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; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board authorize purchase of a storage building approximately 12' x 18' to be located in the area of the southeast end of the Municipal parking lot. Discussion followed concerning the desirability of a storage building on the premises and the Director of Finance and the Village Manager reported that oth--r alternatives have been sought, however, this recommendation for the storage building proved to be the most practical . ,'he 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 , Spees; NAYS: Trustee Chernick; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. In the absence of Trustee Kenna, Trustee Vanderweel scheduled a meeting of the Judiciary, Planning and Zoning Committee for 9:00 a.m. Saturday, December 29, 1973 , regarding the Pecora annexation request. If Mr. Pecora is not available the meet- ing will not be held. At this time the President asked if there were any persons in the audience who wished to addres the Board. There being none , the meeting continued. The Clerk reported receipt of the approval of the Plan COITn1155ion, and the Village Engineer of the following one lot subdivisions: Higgins Industrial Park Unit No. 137, Higgins Industrial Park Unit No. 138 and Centex Industrial Park Unit No. 185. 3 - 12/26/73 It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board adopt Resolution No. 148-73 entitled"A RESOLUTION OF APPROVAL OF PLAT OF SUBDIVISION IDENTIFIED AS HIGGINS INDUSTRIAL PARK UNIT NO. 137". 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, Spees, Staddler; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board 1 adopt Resolution No. 149-73 entitled " A RESOLUTION OF APPROVAL OF A PLAT OF SUBD- IVISION IDENTIFIED AS HIGGINS INDUSTRIAL PARK UNIT NO. 138'' The President directed the Clerk to call the roll on the motion and upon the roll being called the following ansa:ered AYE: Trustees Vanden-)eel , Chernick, Spees, Staddler, Tosto; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board adopt Resolution No. 150-73 entitled " A RESOLUTION OF APPROVAL OF PLAT OF SUB- DIVISION IDENTIFIED AS CENTEX INDUSTRIAL PARK UNIT NO. 183'.' The President directed the Clerk to call the roll on the motion and upon the roll being called the follow- ing answered AYE: Trustees Chernick, Spees, Staddler , Tosto, Vande reel ; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. The Clerk reported receipt of the folla.ving reports from the Chairman of the Zoning Board of Appeals: Docket 73-4: A petition of Centex Homes Corporation for side yard variations for 26 lots in Elk Grove Village Sections 19 and 20. At the public hearing held on November 16, 1973 the petitioner amended his request to cover 8 lots , the remainder having been revised to con- form to the side yard requirements. The Zoning Board has recommended that the variation not be granted since it is the belief of the Zoning Board, based on the facts and evidence presentbd at the hearing that it would be possible for the petitioner to rework these 8 lots. Docket 73-5: A petition of the President and Board of Trustees for a y]` variation from the present side yard requirements of approximately 70 lots in Elk Grove Village Sections 19 and 20. The Zoning Board recomm- ended that the variation be granted on the basis of the fact that the corporate authorities already indicated to Centex Homes Corporation its willingness to grant said relief. It was moved by Trustee Vanderweel and seconded by Trustee Staddler that the Board accept the recommendation of the Zoning Board of Appeals regarding Docket 73-5 and grant a variation as requested by the petitioner and that the Village Attorney be directed to prepare an ordinance granting said variation. 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, Vanden,�eel , Chernick; NAYS : None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board accept the recommendation of the Zoning Board of Appeals and deny the petition of Centex Homes Corporation, as amended, for side yard variations to cover 8 lots in Elk Grove Village Sections 19 and 20. The President directed the Clerk to call the roll on the motion and upon the roll being called the follwoing answered AYE_ Trustees Staddler, Tosto, Vanderweel , Chernick, Spees; NAYS: None; ABSENT: Trustee Kenna; whereupon the President declared the motion carried. C Discussion followed concerning the proposed agreements between Davidsmeyer Bus Service, Inc. , and the Village to provide local bus service and to run a commuter service. The Attorney was requested to have additional documentation ready, if possible, for the next Village Board meeting. The Clerk reported receipt of a request from the Benevolent and Protective Order of the Ellis Lodge No. 2423 for consideration of the Board in waiving fees in connection with the hearing to be held before the Plan Commission on Thursday, January 17, 1974 for a Special Use Permit to continue to conduct a lodge and recreation center on property located at 115 Gordon Street in Elk Grove Village. It was moved by Trustee Vanda reel ,and seconded by Trustee Tosto that the Board waive the filing fee for the Plan Commission hearing regarding the petition from the Elks Lodge No. 2423 as outlined above . 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, Spees, Staddler, NAYS: None; ABSENT: Trustee Kenna; whereupon the- President declared the motion carried. - 4 - 12126/73 The Clerk read a letter dated December 13 , 1973 from Mr. Warren Smedley, Co-Chairman of the Elk Grove Village Lions Club, requesting permits for the sale of beer for a five day period, July 3 through 7, 1974 and a display of fireworks at Lions Park on either the 4th, 5th, 6th or 7th depending on weather conditions and a carnival with rides and booths to be operated by the Russell Amusement Company under the supervision of the Lions Club. Mr. Smedley requested that the Board consider waiving all fees and stated the the Lions Club is aware that insurance certificates naming the Village as )J\ an additional insured are required and will be submitted prior to the iss- uance of the requested permits. It was moved by Trustee Spees and seconded by Trustee Vanderweel that the Board grant the necessary licenses and permits and waive all fees as outlined in Mr. Smedley's request consistent with permission of the Police and Fire Chiefs prior to the fireworks display and permission being granted by the Village Manager' s Office as was done last year. Following discussion as to the operation of the fireworks display, it was suggested by the Village Manager that the Board await his report concerning the security and safety precautions taken during the 1973 fireworks display. It was moved by Trustee Spees and seconded by Trustee Staddler that the Board table the foregoing motion. The motion was voted upon by acclamation, Trustee Tosto cast a dissenting vote. Whereupon the President declared the motion carried. Regarding the proposed ordinance amending the Zoning Ordinance by adding height regulations (Docket 73-10 of the Plan Commission held September 6, 1973 on the petition of Phoenix Construction Company, owners of property located on East Elk Grove Boulevard between Ridge Avenue and Kennedy Boulevard) the Village Attorney reported that he is not satisfied that the Village has the legal authority to pass such an ordinance. Further consideration of this ordinance was held awaiting jfurther study and a report from the Attorney. 1 Discussion followed concerning the question of possible reduction of water and sewer rates for senior citizens. Attorney Hofert stated that he has serious reservations as to the legality of reduced water and sewer rates for one class of citizens. It was the consensus that this matter be removed from the agenda. At the request of the Village Manager, President Zettek called an Executive Meeting of the Board following this meeting to discuss litigation concerning water sources. It was moved by Trustee Spees and seconded by Trustee Staddler 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: 19 P.M. Village Cle Vi age Presid C - 5 - 12/26/73