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HomeMy WebLinkAboutVILLAGE BOARD - 06/25/1962 - VILLAGE BOARD MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON JUNE 25, 1962 President James R. Gibson called the meeting to order at 8:22 PM in the Municipal Building in said Village and directed the Village Clerk to call the roll. Upon the roll being called the following Trustees answered "PRESENT" - Francis J. Dillon, Robert E. Hartshorn, Charles P . Smith, James R. Young, Charles J. Zettek, Jr. ; "ABSENT" - Eugene V. Keith. It was moved by Trustee Zettek and seconded by Trustee Hartshorn that the minutes of the regular meeting of June 18, 1962 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 Gibson gave the following report: 1. Reported that the Jaycees have requested a permit to conduct a parade on f Saturday, June 30th at 1 : 30 PM, and to close the east side of Tonne Road and the north side of Landmeier Road .frog-, Tonne to Arlington Heights Road, and have also requested assistance from the Police and Fire Departments in handling the crowds and traffic during the parade hours. 2. The Jaycees have requested permission to conduct a carnival and fire- works display in the shopping center from July 1 through July 4, 1962. 3. Referred to the Water Acquisition Committee copies of his letter to Mr. Paul Speer and Mr. Speers ' reply, this correspondence having stemr,ed from a meeting he attended, on June 19th, with Mr. Speer, Attorney= Hofert, Trustee Hartshorn, Mr. George Jirgal and Mr. Murray of Nongard, Showers & Murray, Inc. to discuss the acquisition of the Water Company. 4. Referred to Trustee Keith a letter from the Muscular Dystrophy Asso- ciation of America, Inc. announcing that their annual appeal will take place in November with a house-to-house March on Sunday, November !' 18th. 5. Elk Grove Village has been invited to participate in the State Street Annual Christman Parade by entering a float; financial and artistic assistance has been offered; cash prizes will be awarded for the three floats judged best among the suburban entries. President Gibson f referred this invitation to the Public Relations Committee to contact service organizations, and requested a commitment, no later than July 20th, from the service organization which will enter a float. 6. Referred the current communication from the Illinois Municipal League to the Judiciary Committee, with the request for a recommendation regarding a letter to Governor Kerner concerning wages and working conditions of Village employees. 7. Reported :a "District Conference on Uniform Traffic Control" will be held at 0.'Hare Inn on July 11th to discuss revisions of standards governing the installation and operation of traffic signals, traffic signs and pavement parkings; and requested that one or more of the following attend this meeting: Chief Clifford, Trustee Zettek, Trustee Young, R. Altergott, Chairman of the Traffic Safety Committee. 8. Requested a report from the Aviation Committee as to the mason for ! increased in and out-bound air traffic over the residential area of I Elk Grove Village; and that the Board consider authorizing the Aviation i Committee to lodge a protest' with the Federal Aviation Agency against the heavy air traffic over the Village under ideal flying conditions. Trustee Smith stated that .the Aviation Committee is conducting a survey documenting the time and air line involved of all flights over the Village and will submit this survey, when completed, to the Board. It was moved by Trustee Dillon and seconded by Trustee Zettek that the Board authorize the issuance of a permit to the Jaycees for a parade, that Police and Fire Department assistance be provided as requested, and that the portion of the streets requested be closed during the parade . The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE"- - Dillon, Hartshorn, Smith, Young, Zettek; "NAY" - none; "ABSENT" - Keith. Where- upon the President declared the motion carried. -1- Reg. 6-25-62 I • • I I Regarding the request for a carnival license, President Gibson stated that it was not part of their formal request for a license, but that the Jaycees plan to have a beer booth at the carnival and will therefore be requesting a license for same, and suggested that action be taken in anticipation of this request. It was moved by Trustee Dillon and seconded by Trustee Smith that the Board authorize the issuance of a license to the Jaycees for a carnival to be held from July 1 through July 4, 1962, and a fireworks display provided that proper precautions are taken; and that ;the Board authorize the Village President to issue a limited liquor license for the sale of beer upon evidence of the proper insurance coverage. The President - directed the Clerk to call the roll on the motion and upon the roll being called the followin§ Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; "NAY - none ; "ABSENT" - Reith. Whereupon the President declared the motion carried. Attorney Hofert stated (1) that he has submitted to President Gibson for i review, a tentative draft of an amendment to the Code concerning the Rabies Control Law; (2) that the Sign Ordinance, copies of which were distributed, refers to the National Electric Code, however, the Board ma wish to change to the Chicago Electrical Code which is more stringent; (3 that he has contacted Mr. Lewy, Attorney for School District No,, 59 regarding an agreement on park lands; (4) that he has sent a letter to Branigar Estates in reference to the fee recommended by Fire Chief John Haar and the Committee responsible for the fee. President Gibson requested, from the Traffic Safety Committee, suggestions i as to what can be done to emphasize and enforce proper observance of traffic j regulations in the operation of bicycles in the Village. Engineer Fletcher stated that he has prepared a plat of annexation of roads and a proposed ordinance of annexation, and suggested that before the Board takes action ,on same, that the Village Attorney be requested for an opinion on these papers. I Engineer Fletcher reported that he has made an inspection of Section 9 North and found all work completed; and recommended that the work be accepted subject to a Maintenance Bond for one year in the amount of $301000,00. Mr. Fletcher also stated that he has made a check list of corrective work to be done in this Section, copies of which have been given to the Chairman of the Streets and Sowers Committee and the Foreman of Public Works; that before the Maintenance Bond has expired he will I again inspect this Section to see that the corrective work and any other work that may develop has been completed. At the request of Trustee Young, action on the above recommendation was withheld pending a raport as to whether or not two driveways in the 1000 block of Carswell Avenue, Section 8 , have been re-poured by the d--veloper. A discussion followed concerning the drainage ditch on Ridge Avenue . Engineer Fletcher estimated that the cost of dredging approximately 200 feet of this ditch would be $100. As a result of the discussion it was understood by the Board that the Branigar Estates property owners con- cerned, Messrs. Guendling and Lada, will pay one half the cost of the I �. the and will install the the and backfill over it, provided that the Village dredges the ditch and pays one half the cost of the tile. President Gibson recommended a written agreement regarding this improve- ment, whereupon it was moved by Trustee Young and seconded by Trustee Hartshorn that the Board direct Attorney Hofert to draft an agreement specifying the terms of the participation of property owners in Branigar Estates and the Village for approximately 200 feet of drainage tile at 525 Ridge Avenue. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered AYE - Dillon, Hartshorn, Smith, Young, Zettek; "NAY" - none ; "ABSENT" Keith. Whereupon the President declared the motion carried. -2- Reg. 6-25-62 - I I Attorney Hofert stated that he has filed for tax exemption of Village owned property, and requested Board direction concerning .properties for which the Village has deeds but does not have title policies or surveys.-- It urveys.It was moved by Trustee Dillon and seconded by Trustee Zettek that the Board direct Attorney Hofert to obtain title policies and surveys on all municipally owned property. The President directed the Clerk to call the roll on the motion and upon the roll being called the followin§ Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; "NAY - none ; "ABSENT" - Keith. Whereupon the President declared the motion carried. Trustee Young requested Engineer Fletcher to check at 277 Greenbriar to determine the location of the drainage easement; At the request of Trustee Young, the Clerk read a letter from Trustee Young to Attorney Hofert dated March 26, 1962 and Attorney Hofert ' s reply dated April 9, 1962. In his letter Trustee Young stated that he is of the opinion that the matter of drainage is a Village problem; that the Village enters into this matter through the enforcement of its Subdivision Control Ordinance in which the length. and the depth of the swail is specified; that he feels the Village assumes responsibility when the Board approves the engineering plats on drainage ; and asked Attorney Hofert for an opinion as to the following: "1;, An ordinance permitting the removal of any foreign matter such as shrubs, fences, snow or debris at the expense of those causing said problem; 2. If we approve all drainage plans, is the Village responsible for any damage that might occur to a home? 3. What right if any does the Village have in removing debris or drifted snow from the utility easement across the back of these lots? 4. Must we remove the snow from the parkway across the easement since the drainage empties into the street to be carried off on the surface to a sewer opening? I 5 How effective can a covenant be in a Village wide matter such as drainage? I am of the opinion this should not be a "Sue Thy Neighbor" Solution. Only a Municipality can solve these problems. How do we solve it here in Elk Grove Village?" Attorney Hofert, in his letter of April 9th, replied to the above as follo:as : 111. In my opinion, an ordinance which would permit the Village to go upon private property to remove shrubs, fences, snow or debris and charge I it to the property owner would be illegal and- lead to litigation against the Village and possibly result in judgments against it. 2. No. A Village performing its governmental functions is not liable. 3. To pinpoint the rights of the Village, the document creating the utility easement would have to be consulted, 4. No. �. A suit can be brought by the beneficiary of the covenant to enforce drainage rights. Conceivably, depending upon the language of the covenant, the Village might be able to bring such suit. I believe the Village could conceivably bring a suit for a mandatory injunction against the property owners who have disturbed drainage and compel them to restore the situation as previously set up. However, this might very well cause a multiplicity of suits originating by the i Village. Thus, many villages, except in extreme situations, do not interfere with problems caused strictly by individual property owners. The question. of whether or not a village should get itself involved in surface drainage problems depends to a great extent upon the severity (of the problem) and the extent of culpability exhibited by the offender Most villages that I am aware of do not get involved in the situation unless pools of stagnant water or adverse health conditions result, so that there is no question about public right being involved. i However, the ultimate answer has policy implications". -3- Reg, 6-25-62 i j • I Trustee Young stated that he would like to see a comprehensive study made of this drainage problem; that he does not know whether it is caused by the developer leaving the grade so as to cause this; or if the ground settles after the developer ' s work is completed, or if it is caused by the individual property owner: Trustee Young requested the assistance of the Board and the Village Engineer in solving this problem. Treasurer James E. Ryan presented a report for May 1962 showing the following: cash receipts - $8 083.42; cash disbursements - $16,524,87; cash balance as of May 31st - 11,959.87; and a match-up of appropriation working budget expenditures to date. Mr: Ryan stated that the following are the balances in the Bond Account and Motor Fuel Tax Fund Account; $28., 059.99 - $10,403.83. (Itemization of the Report, as presented, will be on file in the Clerk' s office. ) Treasurer Ryan thanked the Board for their cooperation over the past year and stated that whatever has been accomplished has been done be- cause of this cooperation: President Gibson expressed appreciation to Mr. Ryan for the fine job he has done as Village Treasurer; and Attorney Hofert added his personal � acknowledgement. I I Trustee Smith presented 20 invoices for a total pa ent of $400'.26 from j the General Corporate Account and one invoice for X6.40 from Motor Fuel Tax Funds. (Itemization will be on file in the Clerk' s Office. ) It was moved by Trustee Smith and seconded by Trustee Young that the i Board authorize payment of 20 invoices totaling $409.26 from the General i Corporate Account and one invoice for $6.40 from Motor Fuel Tax Funds . The President directed the Clerk to call the roll on the -motion and upon the roll being called the following Trustees answered "AYE" Dillon, Hartshorn, Smith, Young, Zettek; "NAY" - none ; "ABSENT" - Keith. 6-There- upon the President declared the motion carried. i President Gibson (1) stated he has received letters from Representative Church and Senators Douglas and Dirksen acknowledging receipt of the request that no reduction be mad© in the Civil Defense appropriation and that when the matter is handled they will keep in mind the request made by the Board; (2) summarized a report dated June 23rd from George Mullen concerning his attendance at the Northwest Suburban Manufacturers Association Conference on air pollution, and stated that Mr. T!ullen ' s report might be -of considerable interest in amending the municipal Code as to approved incinerators; (3) ' stated that -he has received notice of a hearing to be held at the office of the Illinois Commerce Commission at 10:00 AM on July 11th concerning an application by the Illinois Bell Telephone Company to enlarge the flat rate calling area for the residence metropolitan service subscribers of the Franklin Park Exchange and to reduce the message unit charges between certain designated exchanges) (4) stated the results of a survey regarding garbage collection and disposal conducted by the Illinois Municipal League will be on file in the Clerk 's Office. The Clerk read a letter dated June- 25, 1962 from Mr. 'Evan W. Stebbins, Centex Construction Company, Inc. , enclosing petitions for annexations, originals and six prints of plats of annexation to the Village o£ nropertyi identified as parcels B and C which consist of approximately 80 acres of land and are located at the NE. corner of Bisner and Biesterfield Road, Also enclosed were two plats of survey on parcel C and pre-annexation zoning under the regulation- Special Permit was requested for 30 acres of this parcel inasmuch as this land is being purchased by Alexian Brothers .Hospital- for the- purpose of constructing a hospital on the site, Theabove requests were referred to the Zoning Board of Appeals and the Plan Commission. I Quotes, obtained by the Clerk, on the price of sod for areas in front of the Fire Station and Municipal Building were referred to the Building Committee. -4- Reg. 6-25-62 i' i The Clerk read a proposed ordinance, prepared by Attorney Hofert, relating to the carrying of pistols by Reserve Police Officers when off duty. It was moved by Trustee Dillon and seconded by Trustee Young that the Board waive the first reading rule with respect to the above ordinance . The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; "NAY" - none ; "ABSENT" - Keith. Where- upon the President declared the motion carried. It was moved by Trustee Zettek and seconded by Trustee Dillon that the Board adopt Ordinance No. 234 entitled "AN ORDINANCE AMENDING SECTION 5.18 OF THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE PROHIBITING THE CARRYING OF PISTOLS BY RESERVE POLICE OFFICERS WHEN OFF DUTY". The President directed the Clerk to call the roll on the motion and upon the roll being called the followin� Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; NAY" - none ; "ABSENT" - Keith. �rdhere- upon the President declared the motion carried. It was moved by Trustee Dillon and seconded by Trustee Young that the Board waive the first reading rule with respect to an ordinance creating a working cash fund and providing for borrowing money and issuing bonds in the amount of $100,000, and providing for the levy and collection of a direct annual tax for the payment of said bonds. The President direr ted the Clerk to call the roll on the motion and upon the roll being called the followin§ Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; ' NAY - none ; "ABSENT" - Keith. Whereupon the President declared the motion carried. Following the reading, it was moved by Trustee Dillon and seconded by Trustee Hartshorn that the Board adopt Ordinance No. 235 entitled "AN ORDINANCE CREA^1ING A WORKING CASH FUND FOR THE VILLAGE OF ELK GROVE VILLAGII �-. COOK COUNTY AND DUPAGE COUNTY, ILLINOIS, AND PROVIDING FOR BORROWITiG MONEY AND ISSUING BONDS OF SAID VILLAGE TO THE AMOUNT OF $100,000 FOR THE PURPOSE OF CREATING SUCH FUND AND PROVIDING FOR THE LEVY AND COLLECTIOi OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST OF SAID BONDS. " The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered AYE" - Dillon, Hartshorn, Smith, Young, Zettek; "NAY" - none ; "ABSENT" - Keith. Whereupon the President declared the motion carried. First reading was had on a proposed ordinance entitled "AN ORDINANCE REGULATING SIGNS AND AWNINGS, AiMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF ELK GROVE VILLAGE. " It was moved by Trustee Young and seconded by Trustee Zettek that the Board adopt Resolution No. 12-62 entitled "A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE FOR STORAGE OF TRUCKS IN STREET DEPARTMENT GARAGE BETWEEN VIL'LAG` OF ELK GROVE VILLAGE AND JOSEPH STOB DOING BUSINESS AS I MONARCH DISPOSAL COMPANY" , The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek;/�'NAY" - none ; "ABSENT" - Keith. Whereupon the President declared the motion carried. Mr. Robert Fleming, Chairman of the Budget and Estimate Committee, stated that the working budget forthe year 1962-63 will be completed by the end of the week. An executive session was scheduled for Sunday July 1st, at 7: 00 PM, to discuss the proposed budget. Trustee Young requested Engineer Fletcher to inspect the sanitary sewer I system, to the east of Ridge Avenue between Clearmont Drive and Elk Grove Boulevard, and present a recommended program to keep the manholes � from plugging up. Trustee Young stated the bids received on the tandem roller indicated that the purchase of such equipment was prohibitive at this time ; that the Streets and Sewers Committee has considered a smaller roller with 5 ton compaction and feels that such a purchase would be well worth the expenditure for the purpose of patching the Village streets. -5- Reg. 6-25-62 I • I I It was moved by Trustee Young and seconded by Trustee Zettek that the Board authorize an expenditure not to exceed $480 to purchase a Hot Roll SP18i The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" Dillon, Hartshorn] Smith; Young, Zettek; "NAY" - none ; "ABSENT" - Keith; Whereupon the President declared the motion carried. ' A brief discussion followed concerning the purchase of grass cutting i equipment but Trustee Young withheld the request for purchase of this pending budget approvals It was moved by Trustee Zettek and seconded by Trustee Dillon that the Board authorize the Village Attorney to amend Section 16.206 of the Municipal Code to read "garbage and refuse" instead of "garbage". The President directed the Clerk to call the roll on the motion and upon theroll being called the followin Trustees answered "AYE" - Dillon, Hartshorn, Smith, Young, Zettek; NAY" - none ; "ABSENT" - Keith. Whereupon the President declared the motion carriedi It was moved by Trustee Zettek and seconded by Trustee Young that the meeting be adjourned. The motion was voted upon by acclamation; where- upon the President declared the motion carried, and the meeting adjourned at 10: 02 PM. Eleanor Gb Turner(l/ Village Clerk � I Approved! axn s R Gibson President i I I t I I -6- Reg. 6-25-62