Loading...
HomeMy WebLinkAboutCAPITAL IMPROVEMENTS - 03/04/1980 - Minutes Capital Improvements Committee March 4, 1980 The meeting of the Capital Improvements Committee was called to order by Chairman Tosto at 7:00 p.m. on Tuesday, March 4, 1980 in the Trustee's Conference Room. The following individuals were present at the meeting: Michael Tosto Chairman, Capital Improvements Committee Lee Garr Committee Member Edward Hauser Committee Member James Petri Village Trustee H. Peter Kaleta Director of Public Works Dale Wolter Foreman Water Department The purpose of the meeting was to discuss the Report on the Utility Billing System prepared by Len Flood on June 28, 1979. Specifically, the Committee was to review Chapter VII , General Observations on Field Operations, Item B.Meter Maintenance and Read-O-Matics , Item C. Compound Meters , Item D. Testing Meters. The Committee was given a copy of a Summary Sheet prepared by Len Flood on March 4, 1980, which listed total inside meters by account numbers . Those meters in the older section of the Village caused the most difficulty in obtaining readings. The summary listed over 4,000 meters that presently are not on the read-o-matic system. The Committee will review this information and there will be further discussion on an appropriate program for installing additional read-o-matics in the older sections of the community at the next meeting. The next item for discussion was regarding the procedures for testing water meters. Presently the Municipal Code allows a fee of $20.00 for testing any meter in the community. It was recommended by the Water Department and Finance Department to the Committee that the fee be adjusted to be comparable to the size and type of the meter. Basically the larger the meter the more expensive the test would be. After a lengthy discussion as to current practice of testing meters at residential homes, it was recommended to the Committee that if an individual homeowner requested that a meter be tested at a certified testing center that the individual pay for the test up front before anything is done or before the meter is removed. Once the meter is tested if the meter is in error then any cost to the resident would be refunded and any credit owing to the individual would also be refunded. However, should the meter test out to be accurate, then the initial payment would not be refunded. This is our present policy according to the Municipal Code under Article 3, Section 22A.304, testing meters, copy of which is attached with this report. However, in discussions with the Director of Finnace after the meeting, it has been the policy that we have never requested payment up front. In subsequent discussions with the Director of Finance, he indicated to me that they are in favor of changing the present Municipal Code and requiring that if an individual requests to have a meter removed Minutes, Capital Improvements Committee March 4, 1980 and tested, that he agree to sign a form which would indicate the fees to be paid or would be required to be paid by the individual if the meter tests out be within acceptable standards, should the meter test unacceptable then no fee would be required from the individual . Again if the meter tests out to be acceptable this fee would then be added to the next water bill sent out to the residnet. Should he then refuse to pay his water bill his water could be shut off for h none payment of the bill . The Committee then directed the Director of Public Works to prepare an acceptable set of fees to be charged for laboratory testing of water meters. This information would be relayed to the Village Attorney for preparation of a resolution to be incorporated under Chapter 22A of the Municipal Code. Due to the limited time available, no other items were discussed at this meeting. The following staff members were present for the Biesterfield Road discussions which began at 7:00 p.m. : Gary Parrin, Assistnat Village Manager Thomas Cech, Village Engineer Fred Engelbrecht, Chief of Police Biesterfield Road: The Committee was advised by the Chief that neither the State nor the County would consider traffic control measures for the Biesterfield/Rohlwing and Biesterfield/Meacham intersections until Biesterfield Road is opened in order to establish a traffic pattern and vehicle count. In addition, the County will not permit the traffic controls at Meacham Road until the south half of Biesterfield Road is constructed west of Home Avenue. Garr suggested that this matter no longer be pursued until such time that the south half of Biesterfield Road is constructed west of Home Avenue. In the meantime, Biesterfield Road should remain closed to through traffic. Hauser expressed a concern on the volume of traffic that will be utilizing Biesterfield Road. Must look more closely at anticipated vehicle volumes and their effect on Kennedy and Elk Grove Boulevards from Arlington Heights Road to Tonne. The Committee agreed not to open Biesterfield Road between Rohlwing and Meacham Roads for traffic counts. The roadway is too narrow west of Home Avenue and the surface course of asphalt has not been constructed in the Roundtree and Parkview Heights Subdivisions. The Chief is not to proceed further with the County or State. Garr left for the Personnel Committee meeting at 8:05 p.m. -2- Minutes, Capital Improvements Committee March 4, 1980 Parrin was directed by the Committee to have the Village Attorney research and respond to the following questions : Does the Village assume liability for vehicle accidents which may occur if Biesterfield Road, west of Home Avenue, is opened for through traffic due to the narrowness of the road and the fact that the roadway does not conform to Village specifications (it is half the required width) . Can the Village condemn the property on the south side of Biesterfield Raod, between Home Avenue and Meacham Road, in order to acquire the property to construct the remaining portion of Biesterfield Road. The costs for acquiring and constructing Biesterfield Road would be recaptured from future properties annexing to the Village west of Rohlwing Road. King St. (Stanley St. ) / Higgins Road Intersection Signalization: The Chief of Police and Village Engineer are to approach the State of Illinois and inquire whether the State will fund any portion of the signalization and roadway revision costs associated with making Higgins Road/King St. (Stanley St. ) intersection a 4-way traffic signal controlled intersection. The State's reply will enable the Village Engineer to determine the costs to the Village to signalize this intersection and will facilitate the Committee's final recommendation to the Village Board. The meeting adjourned at 9:10 p.m. ? I � by Gary Parrin & H. Peter Ka eta cc: President & Board of Trustees Village Manager Chief of Police Village Engineer -3- 257 n Article III METERS 22A.301 amended Meters required.) All premises using the Village water supply must be equipped with an adequate water meter furnished by the Village or approved by the Village, but paid for by the consumer; provided, that such water service may be supplied by the Village at a flat rate of charge until such meter may be installed. Before any premises are occupied, a water meter shall be installed therein as herein required or application made for such water service at the flat rate of charge until the meter can be installed or no water shall be furnished such premises. A Rockwell re- mote register water meter or its equal shall be the only approved water meter to be used in all areas of the Village. 22A.302 amended Installation.) Meters shall be installed in a readily accessible location as approved by the Elk Grove Village Water Department. An electrical raceway shall be provided for the physical protection and Cmaintenance of the water meter wiring. This raceway is to be continuous / from the remote head to the inside water meter. 22A.303 Reading meters. ) The Superintendent of Public Works shall read or cause to be read every water meter used in the Village at such times as are necessary that the bills may be sent out at the proper time. 22A.304 Testing meters.) Any municipal water meter shall be taken out and tested upon complaint of the consumer, upon the payment of a fee determined by resolution of the President and Board of Trustees. If upon test the mete'r is not within three percent of being accurate, it shall be repaired and replaced and the fee shall be returned to the consumer. (Article III Section 22A.301 through 22A.304 added by Ord. No. 268 passed 1-24-1963.) (Section 22A.301 amended by Ord. No. 481 passed 6-27-1967.) (Section 22A.302 amended by Ord. No. 851 passed 5-8-1973•) n III IIII - z � i . ON 4 Vim° mCO cc ¢ 4tQ I I Q y 6 ,3 TO: Michael A. Tosto, -Chairman May 5, 1980 Capital Improvements Committee Lee Garr, Member Edward Hauser , Member FROM: &Y . Parrin, Asst .Village Manager SUBJECT: Biesterfield Road Extended At the March 4 , 1980 Capital Improvements Committee meeting I was directed to have the Village Attorney research and respond to the following questions concerning the extension of Biesterfield Road west of Home Avenue: 1 ) Does the Village assume liability for vehicle accidents which may occur if Biesterfield Road, west of Home Avenue , is opened for through traffic due to the narrowness of the road and the fact that the roadway does not conform to Village specifications (it is half the required width)? 2) Can the Village condemn the property on the south side of Biesterfield Road, between Home Avenue and Meacham Road, in order to acquire the property to construct the remaining portion of Biesterfield Road? The costs for acquiring and constructing Biesterfield Road would be recaptured from future properties annexing to the Village west of Rohlwing Road. Briefly, the Village Attorney recommends that Biester- field Road not be opened for through traffic until such time that the roadway is completed to Village standards. In addition, the Village does have condemnation authority which would permit the acquisition of the south half of Biesterfield Road between Home Avenue and Meacham Road. The detailed response from the Village Attorney is attached for your reference. Please let me know if you wish to discuss either item in more detail . GEP:mw c :-killage Manager Village Engineer Chief of Police SAMELSON, KNICHER13OCKER & SCHIROTT ATTORNEYS AT LAW NORMAN E. SAMELSON 780 LEE STREET GEORGE B. xNICKERBOCIiER DES PLAINES. ILLINOIS 80018 JAMES R. SCIIIROTT TELEPHONE (312) 827-8117 KERRY W.PEARSON RICK J. ERICKSON May 2, 1980 1R9CEIVgo YIUAGE MANAGER'S OFFICE_ Mr. Gary Parrin Assistant Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove, Illinois 60007 RE : Research Authorized by Capital Improvements Committee concerning Biesterfield Road Dear Gary: Pursuant to your direction, I have researched the question of whether the Village may be liable for vehicle accidents which may occur if Biesterfield Road, West of Home Avenue, is open for traffic when the road is not conformed to Village specifications . Although the Village is protected in certain instances, by the Tort Immunity Act, the Immunity has, from time to time, been eroded by various Appellate and Supreme Court decisions. One such case involved the City of Aurora which held the City liable for an intersection collision in that the City had permitted certain trees and bushes to obscure vision of approaching motorists in violation of the City ordinance. The Court held that notwithstanding the Tort Immunity Act, once a governmental unit adopts a plan in the making of public improvements, it owes a duty to a plaintiff to maintain those improvements. The case further stated that where a municipal corporation has been found to have violated its ordinances, which violation gives rise to injury, it is for a jury to determine whether or not that violation was a proximate cause of the injury. The Aurora case was decided in 1978 and it is my opinion that a Court of Law could conceivably extend that case to cover situations where the Village permits traffic on potentially unsafe streets, and therefore, I would advise that the Village not open Biesterfield Road until such time as it is completed