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HomeMy WebLinkAboutCC 11-12-1973 . ~ ~ MINUTES OF REGULAR COUNCIL MEETING Vi I lage of Ardan HI I Is Monday, Novembar 12, 1973 - 8:00 p.m. V i II age He I I Call to Order The maetlng was cal led to order by Mayor H. J. Crepeau, Jr. at 8:00 p.m. Roll Call Present - Mayor Henry J. Crepeau, Jr., COuncilman John Hollenhorst. Stan Olmen, Charles Crichton, Ron Herrick. Absent - None. -- Also Present - Councilmen-elect William Feyereisen & James Wingert, Attorney James Lynden, Enginear Don Lund, Treasurer Richard iIt O'Kally, Parks Director John Buckley, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of Minutes The Minutes of tha Regular Council Meeting of October 29, 1973 were approved as amendad. BUSINESS FROM THE FLOOR Patition re garage at 3123 Shoreline Lane Mr. Ea r I Morgan, 3130 Shore Ii ne Lane. <leiscr i bed a garage, currant I y undar construction at 3123 Shoreline Lane,as a two-story, 3-car building which, in his opinion, depreciates the property values of tha neighborhood because of Its size and location. Mr. Morgan explained that Mr. Lindgren had approachad residents on the street, in 1968, requesting their permission to up-grade the road easement adjacent to his property so he would hava an accessible driveway to his house. Mr. Morgan said the neighbors agreed to this, but now find the easement to the lake no longer exists and a garage has bean constructed on the easement. Ha said that instead of improving the access to tha lake, which he had understood Mr. Lindgren was going to do; the easemant now belongs to Mr. Lindgren and he has a garage on it which blocks his view of the lake. Mrs. Harty, 3137 Shoreline Lane, said they would never have approved the request to improve the driveway, If they realized the access to the lake would be eliminated. We now have no way to launch a boat. Dr. Severson, 3146 Shoreline Lane, stated he feels properties have been devaluated because of the garage and feels that Mr. Lindgren should have morally, if not ethically, discussed his proposed garage with his nalghbors. Mrs. Harty questioned how Mr. Lindgren was able to purchase this property on the lake for $1.00. Attornay Lynden expl~ined that apparently this conveyance of title was a vacation rathar than purchase; compensation is therefore not needed. Dr. Hoivik, 1345 Shoreline Lane, described the building as "other . than a normal residential garage". . Thare Is a great deal of black- topped area around the garage and he said he suspects the garage is intended for other than residential garage use. Dr Holvlk referred to his abstract re restrictions. Hollenhorst reviewad the action of the Board of Appeals, Planning Commission and Council, advising that the garage meets all VI I lage ordinance requirements excapt the location in the front yard. (Street is considered front yard.) Or. Hoivlk asked the length of time a house can be left in an un- finished state (raw siding), and advised that tha Lindgren dogs "run at large" most of the time, even though a fence was erected to keep the dogs conflnad. The Council raquestad that the Village Building Inspector check the construction on the site re possibla ordinance and building code violations, and requested that the Police Department check the "dog~ at large" complaint. -1- , . Minutes of Council Meatlng November 12, 1973 Page '~wo Dr. Hohmann, 3154 Shoreline Lane, said that othar resldants on the street have purposely avoided constructing garages in order to preserve the beauty of the neighborhood; this garage he considers to be a "monstrosity" on tho street. The quastlon of whether or not an access easement to the lake stili exists In this area was dlscussad. Mayor Crepeau stated that he will look Into this and advise of his findings. He suggested that residents could hire an attorney to enforce the covenants, this being a private not Village matter. REPORT OF VILLAGE ATTORNEY JAMES S. LYNDEN . Case No. 73-28, Dreyfus Interstate Development Corporation - Regist- ered Land Survey Attorney Lynden reviewed his letter of November 6, 1973, re the Dreyfus Insterstate Development Corporation Registered Land Survey, stating that he recommends Council approval of t.he R.L.S. without the condition noted in his letter. Crichton moved, seconded by Herrick, that the Council approve the I Reg I stered Land Survey as presented. Motion carried unanimously. Sanitary Sewer Easement - Dreyfus Intarstate Development Corporation Lynden advised that heconfarred with Engineer Olson, Bather Ringrose Wolsfeld, suggesting that Dreyfus obtain an easement from the prop- .rty owner, for connection to Municipal Sanitary Sewer on T:Iler Lane. He said he has not heard further from Mr. Olson. '. Mr. Roger Schwakopf, representing Dreyfus 'lnterstata Corporation said that Dreyfus has approached the proparty owner re this easement; no response to date. He advised that Dreyfus hopas to proceed with- out involvement of the Village and when obtained, tha easament will evantually ba dedicated to the Vii lage. Crichton questioned the location of the proposed easement, which appears to go through a wooded area, and suggested pOSSible reloca- tion to save as many trees as possible. VIllaga Engineer Lund was requested to determine a route for this connection which doas not eliminate treas, i f feasible. Village Plannar Contract Attorney Lynden reported that a committee, consisting of Dr. Woodburn, James Wingert and himself, appointed by the Council, met with John Darling and Richard Shetler In an effort to resolve contractual matters. He outlined a 5-polnt program for Council consideration: I. Village to pay Richard Shetler & Associatas, Ltd. the unpaid Invoice of J une2a, 1973 net figure. 2. Both J. Darling & Assoc. and Richard Shetler & Associates, Lt,d. agree to waive 1% penalty charge accruing since July 29, 1973. 3. Both John Darling & Assoc. and Richard Shetler & Assoc. Ltd. agrea to tarmlnation of contract as of November 19, 1973. 4. Village to continue to retain Richard Shetlar as Village Plan- . nlng Consultant on month to month technical assistance basis, while Village seaks Village Planner. 5. Richard Shetler to complete the Long Ranga Plan; remainder of faas to be paid as follows: al 50% minus 15% conting~e on transmission to Village Attorney of preliminary draft of x revised Zoning Ordinance. bl 50% of balance due minus 15% contingency to be paid upon submission to Planning Commission of acceptable preliminary draft of revised Zon\fig ,OrdinancE by Village Attorney. cl Contingency fund to be paid upon final recommendation of approval of ordinance draft by Planning Commission to Village Council. In discussion of the 5 points, the C.ounci I agreed that, If approved, tha month to month rate for technical assistance be at the current -2- ---- -----------...-- . Minutes of COuncl I Meeting November 12, 1973 i P<sge threa red~o g and that accounting ./or ma'l"erials and services must indicate i they are equal to or exceed the $9,000.00. Herl^ick moved, seconded by Holl.ollarst, that the Counci I accepts the five points presented by Attorney Lynden, as corrected; author- izing and directing Attorney Lynden 'to send ietter. Motion carried unanimously. Lettel. from Suburban En!lLneeri!lS... re Pemtom Storm_Ora i naqe Pond Attorney Lynden reported that Suburban Engin,eerlng has requested V I II age approve I of the drainage pond and release of the performance bond for the storm drainage pond in the Pemtom Development, Additions I and 2; advising that after release of the performance bond, a guarantee bond wi II be provided. 1,lr. Lynden said the Developmant . Agreement provides that the Engineer, after inspection, send a letter to P8mtoffi approving the pond and releasing the bond. Engineer Lund sa i d he will make i'he li1spection and report his fll'ld- Ings to the COllnei I before writing to Pemtom. Councilman-elect Feyereisen reported no evidence of grass seed having been planted in the pond area, and said the culvert will wash out I f not rip-rapped. Eng 1 neer was as t'.ed to nc.te th I s when mak I ng his Inspection. REPORT OF VILLAGE ENGiNEER DON LUND Water Mater Bids Engineer Lund advised, in clarification of the three points raised by the Counci I ro the .",ter meter' bids, as fo II ows : I. Village may purchase as many or as few Badger meters, as needad oyer next three yaars. 2. Both plastic and bronze caste meters can be purchased ~ both, In his opinion a~e satisfactory and both have exactly the same recording device. (Suggested Dossibly purchasing some of each>' 3. Couplings are a part of the meter costs included in the spac- Iflcations. Herrick moved, seconded by Crichton, tha t the Counc I I accepts the Badger Meter, l nc(, bid. Motion carried ~nanimously. (the number and kind of Badger meters to purchase is to be determined by Public Worka Suparvisor and Public Works Committee). County Road E - Water Main Repairs Engineer Lund reviewed his letter of November 12, 1973, In which additional costs re \1ater mai n repairs on County Road E were outlined. The lIas bui it plans" indicated a 12" casing, the change to 24" had "ot been recorded. Mr. Crichton explained that he happened to come Into the Village office at the time Mr. Johansen was looking for authorization to have the additional gate valve, box atc. Installed; the need for this Installation appeared to be reasonable, so he authorized the Installation and additional expend I i-ure. Herrick moved, seconded bV HOI16nh~t, that the Council approve payment of 5379.78 to Orfai & Sons ork outlined in their letter ;>( . of Nova:nber 2, 1973. Motion carried unanimously. Hol lenhorst moved, secondad by Crichton. that the Council approva payment of $3,150.00 to Orfel & Sons as outlined in letter of November 6, 1973. Motion carried unanimOUSly. Lembros Ditch - Status Report Eng 1 neer Lund noted that the"V i II age Counc i I author i zed proceed I ng with improvement of the Lambros ditch by method .1. He suggested that method 5. which he had recommended earlier would, iri his opinion. provide mere protection, and i s less likely to be undar- mined. He reported that pictures of both the rock~rip-rap and x timber lined ditch will be shown to Mr. Lambros. Crichton said he would not object to this change if Lambros and other lntarested parties agree with the rock\rip-rapplng method. )<. (ll',ethod 5J. -3- Minutes of Council Meeting Novemb~r 12, 1973 Page four Engineer will present proposal to County Board. Arden Manor - Status Report Engineer Lund reportad that he feels that the Arden Manor utilities are not beIng constructed satisfactorily and the question of rasl- dent inspection remains unanswered. Concern for connection to the VI liege system was expressed as well as responslbl1ity of the Village to the people who wi I I ba living In the mobile home park. After dlscussiori, Hollenhorst moved, seconded by Herrick, that the Councl I request the VI I lage Engineer to make a praliminary inspection of this project re the quality of . construction of the uti Iltles and report recommendations to the Council. Motion carried unanimously. REPORT OF VILLAGE TREASURER RICHARD O'KELLY Treasurer O'Kelly reported no investments were made since the last Council meeting and reviewed cash balances. REPORT OF COUNCILMAN JOHN HOLLENHORST - Planning & Zoning, Human Rights (Reported by J. WinoertJ ~ase No. 13-43, Wayne M. Fels - Special Usa Permit for Operation of U-Haul Trailer Operation at 3130 N. Cl.veland Avanue. Mr. Wingert reviewed the PUtlilc Hearing, held by the Planning Commis- sion on October 2, 1973, at which time no objections to the proposad U-Haul trailer operation were mentioned. He reported that the past housekeaplng of the station property was criticized by two neighbor- Ing residents and, since the station now has a new manager, the Planning Commission deferred Its recommendatIons ra the Special Use Permit request, in order to give Mr. Fets tIme to clean up the prop- erty and make repairs. The Planning Commission also requested the Village Attorney's opinion re legality of granting a Special Use Permit for a U-Haul operation at a station which is operating un a non conforming basis (R-2 Zone). Mr. WIngert reviewad Attorney Lynden's letter of November 6, 1973 and reported that the Planning Commission recommends Council approval of the SpeCial Use Permit as requested. subject to annual renewal. Hollenhorst moved that the Council concur with the recommendations of the Planning Commission approving the Speclai Use Permit for the U-Haul operation at 3130 N. Cleveland, subject to annual review. The motIon was seconded by Olman. After discussion the motion did not carry (OIMen vo.~d in favor of the motion, Hollenhorst, Crichton and Crepaau In opposition and Herrick abstained). (Clerk Administrator was requested to confer with Attorney Lynden re whethar U-Haul trailer operation is consl~ered to be an ancillary use; thereby permitted under his license to operate the service station; Clerk to then advise Mr. Fels of Attorney's opinion). Case Ho. 73-47, Bussard Court - Street Grade . . Mr. Wingert raportad that the Planning Commission referred the 8% grade proposed for Bussard Court to the Public Works Department, Publ Ie Works Committee, Fire Chief and Village Engineer re possible problems resulting If an 8$ grade ~ere to be ~ermltted as requestad. After determining therawere no objections to the 8~ grade, as proposed, the Planning Commission recommends Council approval of the variance. Crichton moved, setonded bv Hollenhorsf, that the Council concur With the Planning Commission and Public Works Committee recommenda- tions and grant approval of the Bussard Court 8% grade as proposed. Motion carried unanimously. Hollenhorst stated he had voted for approval with the understanding that the Public Works Comm1ttee, Fire Chief and Engineer approves th& grade. -4- ... " "- Minutes of Council f~eetlng November 12, 1973 Page five REPORT OF COUNCILMAN CHARLES CRICHTON FINANCE, ORDINANCE REVIEW Reeves - Assessment Payment Request Crichton reviewed Mr. Reeves raquast for Village assistance In obtaining a refund of the interest charge on payment in full of his deferrad balance of assessment for sewer: the changes In date for paying deferred balances without Interest, from November 15 to Octobar 15, had caused Mr. Reeves to lose $498.83 In Interest. Crichton reviewed mamo from C. McNIc;tsh, In which she outlined two ways to handle the reimbursement, and moved that the Council approve No. I: If balance of assessment is paid before November 15, 1973, . VI I lage reimburse Mr. Reeves $498.83 when valid receipts for 1974 taxes and outstanding balance of special assessments are presented to the Village. If Mr. Reeves does not make this payment before November 15, 1973, Village Is not Involved. Motion was seconded by Olmen. Motion carried unanimously. REPORT OF COUNCILMAN RON HERRICK - PARKS a RECREATION Comprahenslve Park Plan Mr. Buckley and the members of the Parks & Recreation Committee were present. (Blomquist, McTavish, Lindquist, Mcintosh, Boss, Anderson) Mr. Bucklay presented an outllna of the Proposed Com- prehensive Plan, explaining the goals and phi losophy of the depart- · ment, the review of present park and program facilities and the prOblems the Village has (saverly divided by freeways, etc.>. He explained the various types and sizes of parks proposed; the main emphasis being the provision of a park In al I eleven neighborhoods of the VIllage; each with a safe access, each park to contain active recreation as well as natural open space. Various methods of park acquisitIon were dlscussad and priority areas were described. The Council congratulated Mr. Buckley and the Committee for a "fantastic" Job, expressing plaasure with tha plan as one the Village can work from. Mr. Buckley stated that the present, as well as past Councils, have done a good job In controlling development of the Vi Ilage; stating that now Is tha time to rotain open space and provida parks and opan spaces for all eleven areas In the Vii lage. HerrIck requasted that Council approve the Park plan and direct the Committee to procaed. Crichton cIted questions or changes which he would like to have resol d .Ia ..~ sf red ~~~ I. p.4~ e c.... mlRinum~ ..~ 2. questioned deslrabll ty of additional access and extra 10 for Ingersg,q:~~rJ<.....~ ~ 3. P!,h' &:sslJme~~~7,'C'Yu~-fY-ilcqulsitlon of Round Lake area. . 4. p.26 (item 2) Additional open space mayor may not be desir- able. 5. p.30 obtain Martin property adjacent to Perry Park - quastlon- able. 6. p.31 initiate foot bridge over Highway 10, questioned feas- IbIlity of this. 7. p.ll N. W. friangle. Not big enough, take steps to get a I arger area.' 8. Bike ~rall system - motorized or non-motorized? 9. Trails - Notice quite a lot along roadways, suggests obtain- Ing right of way, away from roadway for more meaningful trail. Crichton requested Buckley to obtaln data on lake area In the Village. Council action was deferred to Councl I meeting of November 26, 1913. (Mr. Bucklay was asked to obtain some potential land costs for that meeting, If possible). -5- .... . fv] i nui>es of Coune i I ~leet I ng Nov(~mber 12, 1973 Page six Dutch Elm & Oak Wilt Disaased Trees HerrIck reported that Dr. French has offered to make a second inspection of diseased trees In J<lnuary 1974, at which time he will advise of trees wh I <:h do not have to be removad, even though dis- eased. He explained thatlJY authorizing this January inspection, some dlsaBsed trees may be preservad. Herrick moved that the Village approve the hiring of Dr. French to re-Inspect the diseased trees in January, 1974; and that VI j I age residents be notified of this second Inspection. Motion was seconded by Crichton and carried unanimously. . Crichton suggested that Village determine cost of treating diseased trees, as prescribed, by Vi liege personnel or on Village basis by hired outside personnel. Mr. Buckley suggested that the Jaycees may be Interested In a project such as this. REPORT OF COUNC I UlAN STAN OLMEN - Pub I' c Works Olmen moved, seconded by Hollenhorst that Council approve $3.50 par hour for W. Karth for emergency plowing and sanding, effective until December 31, 1973. Motion carried unanimously. Olmen said the Public Works Department will try to find a Vi llage resident to work part-time on call. ....-. REPORT OF MAYOR HENRY J. CREPEAU, JR. - Genel'al Goverment, Pub lie Sa fei-y Clvi I Defense DI~or Appointment Crepeau reported that A. J. Schmaedeke has agreed to accept the appointment of Clvi: Defense Director, and will conduct a program in which the Vlllago wi II be able to share In avai jable funds for .Vlllage use. Herrick moved that ~he Counci! approve the appointment of A. J. Schmaedake as Civil Defense Director, daferring action on proposed Ci v j I Defense program panding additional in format I on re the plan. Motion was seconded by Olmen and carried. (Crichton abstaining). Street Li!:jhtin!:j Pol icy Crepeau repol'ted that the Public Safety Committea recommends a three I ight per yeal" polley for the Vi Ilage, referring requests for street lights to the Pol ice Department for recommendations to the Counc II. He reported that the Public Safety Committee recommends approval of the installation of the street lights at Valentine Crest Road and Valentine Avanue, and also recommends 1 I ghts be Installed at County Road D and Prior Avenue, and at New Brighton Road and Edgewater Avenue. !t was noted that Council had requested that criteria or "guide- Ii nes" be estab I I sh!ild for granting street I I gilt requests. The matter ~Jas re-referred to the Public Safety Committee for . "guidelInes". Camera Purchase CI'apeeu reported that the Public Safety Committee recommends the purchase of ~ camera and accessories for Investigative pollee work, at a cost of $860,36. Crepeau explained that the camera picks up finger prints, has ;J telescopic I Eons, etc., advising that a dark room i 5 not needed. Council action was deferred pending additional Information as to size, need, possibility of borrowing one, If need arIses etc. -6- - . , ' . Minutes of Council .Meeting November 12, 1973 Page seven REPORT OF CLERK ADMINISTRATOR CHARLOTTE Me NIESH Claims Clark noted that checks numbared 5110, 5711 and 5766 are to be voided. After review of claims, Hollenhorst moved, seconded by Olmen, that the claims be approved as amended. Motion carried unanimously. Adjournment The meeting adjourned at 12:30 /l.m. . ~ /$7/12.; A -1 , Charlotte McNiesh Clerk Administrator Notice of Meetlnq The next regular Council Meeting will be held on Monday, November 26, 1973, at 8:00 p.m. at the V It I age Ha I I . . -7-