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HomeMy WebLinkAboutVILLAGE BOARD - 08/01/1967 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON AUGUST 1, 1967 President Jack D. Pahl called the meeting to order at 8:05 p.m. in the Municipal Building in said Village. Upon the roll being called by Village Clerk Eleanor G. Turner, the following Trustees answered "PRESENT" - George C. Coney, James R. Gibson, Eugene V. Keith, Richard A. McGrenera, Charles J. Zettek; "ABSENT" - Ronald L. Chernick. Village Attorney Edward C. Hofert was present at this meeting. It was moved by Trustee Coney and seconded by Trustee Zettek that the minutes of the regular meeting of July 25, 1967 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. President Pahl read a report, a copy of which is attached hereto and made a part hereof. The President then administered the Oath of Office to Charles A. Willis, Village Manager. Attorney Hofert reported that: 1 . He visited the Luebring property on Arlington Heights Road and the Court Decree has been violated in several respects, including failure to complete the renovation as scheduled, failure to do garage work, and failure to make payments to the Village. He said that he has filed a petition for Rule to Show Cause and a notion for Judgment as concerned with the payments, and will appear in the Park Ridge Court on Wednesday, August 9th on this matter. 2. He appeared before the Plan Commission on July 27th in connection with the proposed R-4 Planned Unit Ordinance. 3. He has prepared several ordinances in accordance with the Board's directions. Village Engineer Robert Peterson reported that bailing of Well No. 5 is still beine done and that Section 9-CS is complete, except for a small portion of this contract. Street Foreman Jack Andrews read the monthly operating report of the Street Department for June, 1967. Trustee Ronald L. Chernick arrived at 8:20 p.m. It was moved by Trustee Keith and seconded by Trustee Zattek that the Board direct the advertising and opening of bids in the Manager's office for two hundred and sixty (260) parkway trees at approximately Twenty ($20.00) Dollars per tree. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. It was moved by Trustee Coney and seconded by Trustee Zettek that the Board accept the bid of Paolo Salce and Company for breakout and replace- ment of sidewalks at a cost of approximately Sixty-eight (68¢) Cents per -1- Reg. 8/1/67 s Si X PRESIDENT'S REPORT August 1, 1967 1 , I hereby appoint Chief Botiller, in his capacity as Fire Chief, to the Village Electrical Commission. I ask the Board's concurrence in this appointment. 2. Committee Assignments: A. I request that the judiciary, Planning and Toning Committee begin to work immediately on the Comprehensive ?oning Ordinance Amendment (part of the Comprehensive Plan), and that they work toward a deadline of having this revision in ordinance form by October 15th, 1967. B. X- request the Personnel Committee, along with the Fire and Police Commission, the Police Chief, the Village Prosecutor and the Village ;Manager, to make a detailed study of the more than 200 recommendations in the report by the President's Commission on Law Enforcement and the Administration of justice. I am using this document as a base line to evaluate our Department and its operation. C. I request the Capital Improvements Committee to continue their work on their agenda items. Ailso make a policy recommenda- tion to the Village Board on the Water Study Report as prepared by Arthur Andersen & Company. 3. I take great pleasure in welcoming Mr. Charles A. Willis as the Village Manager in heading up the Village Administration. Among all persons in the Village Government, I am most happy to see his taking over the Number One administrative job in the Village Government. jDP/dp square foot, as itemized by the Street Department Foreman in his June report covering some 2,592 square feet of sidewalk. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Following discussion of item two (2) of the Street Foreman's June report concerning maintenance bonds and two streets, the repair of which is felt to be the responsibility of the developer, President Pahl said he would set up a meeting with the Manager, Attorney] Engineer and repre- sentatives of Centex to discuss this matter and Work out an arrangement for the necessary repair of the streets. (This concerns Arthur Avenue from Nicholas Boulevard west to Route 83 and Pratt Boulevard from Route 83 west to Tonne Road.) Trustee Coney raised the questioh as to whether or, not the Village should continue to issue building permits in the Devon-O'Hare Industrial Park since there has recently been an overflow caused by inadequate sewerage treatment. Attorney Hofert stated that he would hesitate to recommend this procedure. However, he felt that the developer should be contacted and a meeting scheduled with him wherein he would be advised that it is the intent of the Village Board to withhold building permits if the capacity of the sewerage treatment plant is not increased to provide adequate disposal. Trustee Coney, Chairman of the Capital Improvements Committee, reported that the additional shallow well site, which was recommended by Mr. Brooks at a previous Board meeting, produced a considerable amount of water which is being tersted at this time and a report will be ready by the next meeting. Trustee Coney also reported that the Capital Improvements Committee has selected a site for Well No. 6 which the Village Engineer had recommended. It is located at Nerge Road and Route 53 and is approximately one-half to one acre which will provide not only space for the Well but also for a storage tank. The Committee recommends that the land be taken from the Ten (10%) Per Cent dedication of public lands which the developer is required to provide through the Subdivision Control Ordinance. It was moved by Trustee Coney and seconded by Trustee McGrenera that the Board direct the Village Engineer to proceed with the specifications for a deep Well No. 6. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Trustee Gibson reported that: 1 . The Judiciary, Planning and Zoning Committee will meet with the representatives of Branigar Estates on Wednesday, August 2nd for the purpose of discussing fire protection for that area. 2. The Committee will have a recommendation on the Finance Consultant's proposal by the next meeting. 3. He has contacted the Metropolitan Sanitary District and if they do not already have a model ordinance on a flood hazard policy. the Committee will draft one and submit it to the Village for consideration. Trustee Gibson also stated that the Judiciary, Planning and Zoning -2- Reg. 8/1/67 Committee respectfully declines the Committee's assignment in paragraph 2-A of the President's Report. He stated that the Committee feels it is inappropriate that they, instead of the Village Attorney, revise the proposed Zonin¢ Ordinance submitted by Tec-Search. However, he said that the Committee will make a recommendation to the Village Board as to whether or not this proposed Ordinance, as submitted by Tec-Search, should be accepted or rejected; whereupon he scheduled a meeting of the Committee for this purpose. It was moved by Trustee Zettek and seconded by Trustee Keith that the Board concur in the President's appointment of Fire Chief Botiller to the Village's Electrical Commission. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered 11AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the Pres- ident declared the motion carried. Mr, Stephen Jchwellenbach, Chairman of the Plan Commission, reported that the Pari Commission has feceiwed copies of the Comprehensive Plan submitted by Teo-Seardh and will make a rejort to the Board as soon as the Commission has had sufficient time in which to study it. Mr. Schwellenbach also reported that the Plan Commission recommends Village Board approval of Higgins Road Commercial Unit No. 22, Centex Industrial Park Unit No. 64, and Centex Residential Section 15. The Clerk stated that the Village Engineer has not been sent copies of these plats for his inspection so the Board did not take action at this meeting to approve the plats. Mr. Schwellenbach also reported that the Plan Commission has received a petition from J. R. Gottlieb & Co., dated July 3rd, requesting that a ten (10) foot easement for Publicutilities and drain located on the north side of the property line be moved to the south so that it coin- cides with the existing lot line. He said that J. R. Gottlieb & Co. has forwarded to them copies of the easement disclaimers by the Gas Company, the Telephone Company and Commonwealth Edison Company. In reply to Mr. Schwellenbach' s question as to whether or not J. R. Gottlieb and Co, should be required to submit a new subdivision plat, Attorney Hofert stated that the petitioner should submit either an amendment to the subdivision plat or, in the alternative, submit ease- ment disclaimers and new plats of easements, the legal descriptions of which should be checked by the Village Engineer to determine their accuracy. Mr. Schwellenbach said he will forward the easement dis- claimers which they have received to the Village Engineer. Mr. Schwellenbach also reported that the Plan Commission has received a request from the developer of the Devon-O'Hare Industrial Park to submit a plat of the entire remaining unsold-undeveloped area, the reason being there are tax division problems in DuPage County that do not exist in Cook County. Following discussion, it was decided that no action be taken on this, pending an engineering report as to the sewers and drainage in that area. The Clerk read a letter, dated July 25, 1967, from Seymour J. Layfer, Attorney for the owners of the property at the Northwest corner of Landmeier Road and State Route 83. They request annexation subject to the following: 1 . "That the land annexed into the Village is to be zoned, prior to said annexation or simultaneously, a B-2 Classification. 2. "That the Restaurant now on the premises be granted simultaneously a liquor license for the sale and dis- pensing of liquor and vinous products. -3- Reg. 8/1/67 3. "That there is now contemplated a lease for a liquor store on the said land, and that a provision be made for the issuance of a liquor license for said liquor store. 4. "That there be an extension and connection of water and sewer lines to the property in question. 5. "That if any variations required from the B-2 zoning are requested, same be granted for the motel property now on the demised premises, and for the expansion or right to expand by constructing an addition to the said motel buildings" Following discussion, the President asked the Village Manager, Mr. Charles Willis, to arrange for a meeting between the President, the Village Attorney, the Judiciary, Planning and Zoning Committee and any other interested Trusteesi Trustee Gibson requested that the Building Department review the proposed site plan which was submitted with the foregoing petition to ascertain whether or not the proposal provides for adequate parkingi The Clerk reported receipt of a petition, dated July 31, 1967, from Centex Corporation enclosing two plats for each of two parcels in the Higgins Road Industrial District and requesting that this property be rezoned from M-1 light industrial to B-1 business district. Mr. Robert Winkle, Representative of Centex, who was present in the audience, stated that these two parcels of property are contiguous to the property which is presently zoned for business along the north side of Higgins Road. The foregoing petition was forwarded to the Plan Commission for hearing and recommendation of the Village Board. The Clerk read a proposed Ordinance amending Section 21 .402 of the Municipal Code to include "employee cafeteria" in the definition of the term "restaurant". During the discussion on this Ordinance, several changes were suggested and the Attorney was requested to redraft the Ordinance incorporating said changes. It was moved by Trustee Zettek and seconded by Trustee Keith that the Board authorize the Attorney to make necessary amendments to the Municipal Code pertaining to restaurant licensing by changing the present annual fee from Twenty-Five (8625.00) Dollars to Seventy-five (8675.00) Dollars. During the discussion, it was felt by some of the Board members that a study should be made of all license fees in connection with the handling of food to more accurately reflect the cost to the Village of such licensing before any changes are made to any specific type of license. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Gibson, Keith, Zettek; "NAY" - Ohernick, Coney, McGrenera; "ABSENT' - none. President Pahl voted "NAY"; whereupon the President declared the motion not carried. The Clerk read a proposed Ordinance providing for public improvement bonds and adding to Section 8.00 9 of the Municipal Code. Following discussion of the foregoing Ordinance, it was the consensus that the Village Engineer present his recommendations as to the amount of the bond to the Village Attorney and the Ordinance will be resubmitted. During discussion of the Ordinance, the Board also talked of the possibility of requiring building contractors to post a cash deposit to insure that there be funds with which to repair streets should -4- Reg. 8/1/67 damage occur from construction equipment. A license fee for the use of the street by overweight vehicles was also discussed. Copies were distributed of a proposed Ordinance amending the Municipal Code relating to street excavations. It was moved by Trustee Keith and seconded by Trustee Gibson that the Board waive the first reading rule with respect to the foregoing Ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Keith and seconded by Trustee Gibson that the Board adopt Ordinance No. 490, entitled, "AN ORDINANCE AMENDING SECTION 11 .308 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE RELATING TO STREET EXCAVATIONS". The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees, answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; VNAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Copies were distributed of a proposed Ordinance amending Section 11 .306 of the Municipal Code relating to deposits for street excavations. It was moved by Trustee Chernick and seconded by irustee Gibson that the Board waive the first reading rule with respect to the foregoing Ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee McGrenera that the Board adopt Ordinance No. 491, entitled, "AN ORDINANCE AMENDING SECTION 11 .306 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE RELATING TO DEPOSITS FOR STREET EXCAVATIONS" and providing for a cash deposit in the sum of Two Hundred ($200.00) Dollars if no pavement is involved and Five Hundred ($500.00) Dollars if the excavation is in a paved area. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Trustee Zettek requested the Village Attorney to provide an opinion as to whether or not utility companies are to provide the cash deposits as set forth in the foregoing Ordinance No. 491 . Attorney Hofert stated that he will examine the franchise ordinances and report. It was moved by Trustee Zettek and seconded by Trustee Gibson that the Board exclude C & B Construction Co. from following the provisions of Ordinance No. 491 specifically as it pertains to cash deposits of $200 and $500 and accept a performance bond in lieu of same. Said performance bond to run concurrently with the expiration of the current performance bond. During the discussion, it was felt that perhaps the current performance bond of C & B Construction Co. should be examined prior to the passage of the foregoing motion. It was moved by Trustee McGrenera and seconded by Trustee Keith that the foregoing motion be tabled. The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Copies were distributed of the following proposed Ordinances: 1 . Amending Section 5.001 of the Municipal Code to increase the authorized patrolman strength of the Police Department to seventeen (17) . -5- Reg. 8/1/67 2. Amending Section 6.101 of the Municipal Code increasing the authorized strength of the Fire Department to fifteen (15) full time Firemen. 3. Amending Chapter 23 of the Municipal Code providing for fire lanes at the Elk Grove Park 'n' Shop and at the Grove Shopping Center. It was moved by Trustee Coney and seconded by Trustee Keith that the Board waive the first reading rule with respect to an Ordinance increasing the strength of the Police Department. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Coney and seconded by Trustee McGrenera that the Board adopt Ordinance No. 492, entitled, "AN ORDINANCE AMENDING SECTION 5.001 , CHAPTER 5 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE RELATING TO THE AUTHORIZED STRENGTH OF THE POLICE DEPARTMENT". The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. It was moved by Trustee McGrenera and seconded by Trustee Gibson that the Board waive the first reading rule with respect to an Ordinance increasing the authorized strength of the Fire Department. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee McGrenera and seconded by Trustee Zettek that the Board adopt Ordinance No. 493, entitled, "AN ORDINANCE AMENDING CHAPTER VI ARTICLE I FIRE DEPARTMENT OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE RELATING TO AUTHORIZED STRENGTH" . The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. It was moved by Trustee Coney and seconded by Trustee McGrenera that the Board waive the first reading rule with respect to an Ordinance relating to fire lanes. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Coney and seconded by Trustee McGrenera that the Board adopt Ordinance No. 494, entitled, "AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE RELATING TO FIRE LANES". The President directed the Clerk to call the roll on the motion and upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "NAY" - none; "ABSENT"' - none. Whereupon the President declared the motion carried. At this time (11 :05 p.m.), the President declared a recess to permit the residents in attendance at this meeting to address questions and comments to the Board members. The President reconvened the meeting at 11 :15 P.M. and directed the Clerk to call the roll. Upon the roll being called, the following Trustees answered "PRESENT" - Chernick, Coney, Gibson, Keith, McGrenera, Zettek; "ABSENT" - none. It was moved by Trustee Gibson and seconded by Trustee Zettek that the Attorney be directed to draft an amendment to Article 15 of Ordinance No. 20 as amended, providing that the fence provisions remain with the -6- Reg. 8/1/67 height of four (4) feet except when surrounding a swimming pool where a height of six (6) feet would be permitted. It was moved by Trustee Chernick and seconded by Trustee Zettek that the Board amend the foregoing motion to include that a fence of six (6) feet may be allowed for B, C and D pools -- A pools require the four (4) foot height. Following further discussion, it was moved by Trustee Gibson that the original motion be tabled indefinitely. The President directed the Clerk to call the roll on the amendment to the motion. Upon the roll being called, the following Trustees answered "AYE" - Chernick, Coney, McGrenera, Zettek; "NAY" - Gibson, Keith; "ABSENT" - none. Whereupon the President declared the motion carried. It was moved by Trustee Keith that the Board direct the Attorney to draft an ordinance to require only a Ten ($10.00) Dollar payment on fence zoning variation hearings. The motion failed for lack of a second. It was moved by Trustee Keith and seconded by Trustee Zettek that the Board direct the Attorney to draft an ordinance granting a special use on the Smith hot dog stand petition subject to an 11 :00 p.m. closing and subject to approval by the Health Department, and that said special use be granted for a period of one year effective with the effective date of this motion. It was moved by Trustee Gibson and seconded by Trustee Keith that the motion be amended to eliminate restriction on closing hours. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Chernick and seconded by Trustee Coney that the meeting be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried and the meeting adjourned at 11 :55 P.M. Eleanor G. Turn Village Clerk PROVED: ack Pahl Presi ent -7- Reg. 8/1/67