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HomeMy WebLinkAboutVILLAGE BOARD - 01/14/1965 - MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON JANUARY 14, 1965, The Village Clerk called the meeting to order at 8:17 p. m. in the Municipal Building in said Village and called the roll. The following Trustees answered "PRESENT" - Francis J. Dillon, Ralph A. Lewis, Harry R. Mikkelsen, George E. Mullen, Charles J. Zettek, Jr.; "ABSENT" - Trustee Eugene V. Keith, President James R. Gibson. Attorney Hofert was present at this meeting. It was moved by Trustee Lewis and seconded by Trustee Zettek that the Board appoint Trustee Dillon to serve as Temporary Chairman at this meeting in the absence of President Gibson. The motion was voted upon by acclamation; whereupon the Clerk declared the motion carried. The following correction, pointed out by Trustee Mullen, was made to line 1 of paragraph 7 of page 1 of the minutes of the regular meeting of January 7, 1965: "It was moved by Trustee Mikkelsen and seconded by Trustee Keith ---------". It was moved by Trustee Lewis and seconded by Trustee Mikkelsen that the minutes of the regular meeting of January 7, 1965 be approved as corrected, and that the Board dispense with the reading thereof. The motion was voted upon by acclamation; whereupon the Temporary Chairman declared the motion carried. The Clerk reported a typing error in the December 23, 1964 minutes and said that line 3, paragraph 8, page 3 should read "-------with reference to Lot 3857-----". It was moved by Trustee Mullen and seconded by Trustee Zettek that the minutes of the regular meeting of December 23, 1964 be corrected as noted by the Clerk. The motion was voted upon by acclamation; whereupon the Temporary Chairman declared the motion carried. Trustee Dillon suggested that the Board have Mr. Majorca put the following into operation: all Village employees who are traveling in the Village daily are to immediately radio a message to the control desk when they notice an offensive odor. Trustee Dillon said that Chicago Magnet Wire representatives are constantly asking that they be notified when an odor is detected and they will check it, and that this way, if there is no delay in the notification, there can be no argument as to whether or not there was an odor at a given time and place. Other Trustees offered no objections to this practice. In response to Trustee Dillon's question, Mr. Majoros said that the three ice skating rinks which he happened to pass by today have been flooded or sprayed in recent days by the Firemen. Trustee Keith arrived - 8:25 p. m. Trustee Dillon questioned Mr. Majorca as to what steps are being taken regarding a recommendation for additional_accounting ecuioment. Mr. Majoros said that he and Village Treasurer, George C. Coney, met during the past week with representatives of two companies which have presented coat proposals; that he and the machine operators visited Hoffman Estates today and will re-visit Arlington Heights on Monday for the purpose of reviewing their machines and procedures. Mr. Majoros said that he assumes Mr. Coney will have a recommendation by next week. Mr. Quigley Fletcher, representing Village Engineer E. N. Fletcher said the Engineer's office has no report other than the correspondence which has been given the Clerk: - 1 - Reg. 1-14-65 The Clerk then read the following letters dated January 13 and 14th, 1965 from Mr. E. N. Fletcher: 1 . "The street improvements in Unit No. 22 (Pratt Boulevard) of Centex Industrial Park have been completed. I recommend that the street curb and gutter be accepted by the Village subject to a two year maintenance bond of . 20,000,00 It is not my intention to accept the storm water drainage ditches at this time since they require some corrective work which will be done in the Spring." 2. "The street improvement plans for Section 12 (residential) have been revised in order to meet the requirements of the Village and I have therefore approved the plans as of this date (January 14, 1965. )" 3. An inspection of the street improvements in Sections 10, 10A and 10B revealed certain corrective work to be done and Mr. Fletcher recommended that the Village accept them, subject to the corrections outlined in his letter which will be on file in the Clerk's office. The maintenance bonds for these sections have expired. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board adopt Resolution No. 6-65 entitled " RESOLUTION ACCEPTING STREETS AS SHOWN ON PLATS OF SUBDIVISION DESIGNATED AS CENTEX INDUSTRIAL PARK UNIT 22 AND CENTEX INDUSTRIAL PARK UNIT 208s.Z1..INCLUDING PRATT BOULEVARD FROM STATE ROUTE 83 (BUSSE ROAD) TO TONNE ROAD". The Temporary Chairman directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - n09- Whereupon the Temporary Chairman declared the motion carriec , President Gibson arrived - 8:29 p, m. President Gibson gave the following report: 111 . I recommend that immediate consideration be given to removing the "Filling Stations" use from the 11B-1 Business District classification of Ordinance No. 20, as amended, (Zoning Ordinance), andset apart in a special classification to be known as "B-6. Business District (Filline Stations). Sections 3 and 5 of Article X would apply to the "B-6" district; sub- stituted for Section 4 would be a height limitation of less than three(3) stories or forty-five (45) feet." The President said that in considering a B-1 or B-2 zoning petition, the possibility of a gas station being a collateral benefit of the B-1 or B-2 zoning is not always met with cordial reception, and that if such zoning is granted the Village is vulnerable to there being a gas station where it would prefer that there not be a gas station. The reason for the "B-6" is that with the impending review and possible revision of the zoning ordinance there may be more "B" classifications. Attorney Hofert suggested that if the Board sets up a separate classification as set forth above, that it include other uses of a commercial character and that perhaps Tec-Search could suggest similar types of uses to a gas station. Mr. Hofert said that if there is an isolated use in one classification there may be legal problems. There were no objections to President's referral of this matter to the Judiciary, Planning and Zoning Committee with the suggestion they consult with Tec-Search. Trustee Lewis said he will do so. Mr. Albert Walla, Building Inspector, gave the following December 1964 report: 20 permits issued, construction value was 4117,300.00,inspection fees collected totaled . 809.00. - 2 - Reg. 1-14-65 Mr. Walla distributed copies of an Annual Report for the calendar year of 1964 showing 430 permits issued, construction value was •1621 ,832,425.00 and fees collected totaled 446,230.62. Trustee Mikkelsen presented the Accounts Payable Warrant listing 12 invoices totaling . 10,574.68 payable from the Water & Sewer Department Operating Account, 22 invoices totaling $2,744.19 payable from the General Corporate Account and 2 invoices for $185.00 payable from Motor Fuel Tax Funds. (Itemization will be on file in the Clerk's office.) It was moved by Trustee Mikkelsen and seconded by Trustee Keith that the Board authorize a disbursement of 400,571+.68 from the Water & Sewer Department Operating Account, 42,744.19 from General Corporate Account and $185.00 from Motor Fuel Tax funds in payment of the invoices on the Warrant. A discussion followed as to whether or not to continue using Motor Fuel Tax funds for street maintenance. Mr. Majorca said that it entails involved bookkeeping by the Street Department to substantiate use of the funds for maintenance to meet the requirements df the State. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board authorize an expenditure of ; 25.00 to renew the Village's membership in the Illinois Chapter of the Associated Police Communication Officers, Inc. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Trustee Dillon questioned Mr. E. W. Stebbins of Centex Construction Company, present in the audience, as to his feeling about the Plan Commission's suggestion, in their letter to Mr. Stebbins of January 14, 1965, that in the absence of immediate development plans on Centex's part, that consideration be given to rezoning the B-1 area to R-3 with the exception of an acre at the corner, which might be developed as a restaurant or a service station. Mr. Stebbins said that the corner (NE. corner of Devon Avenue and Arlington Heiahts Road) has been sold to Pure Oil Company for a gas station and said that perhaps the Village would want to give Centex a period of time, one to two years, in which to develop the remainder of the B-1 land for commercial purposes and if this was not done within that time, the land watld be rezoned to R-3. Referring to a letter of January 14, 1965 from Mr. Pahl, Chairman of the Plan Commission, regarding School District 2140s referendum-on building five swimming pools in the present five high schools, Trustee Lewis said he thought the Village should be represented at the meetings the School District is planning with the various park districts within their baundaries concerning the possible joint use of the proposed pool facilities. President Gibson said that he had received a telephone call from Mrs. Cummins (School District 214 Board member) who said she will notify the President of the dates of the scheduled meeting. President Gibson said he will then in turn notify the Board so those interested may attend. The Clerk read the following correspondence: 1 . A letter dated January 11 , 1965 from Mr. Philip W. De Witt, of the R. C. Can Comnanv, 2000 Pratt Boulevard, requesting a variation from the Zonine Ordinance as concerned with parking regulations. This was referred to the Zoning Board of Appeals. 2. A letter dated January 14, 1965 from Mr. Evan W. Stebbins, Centex Construction Company, enclosing a plat of Higgins Road Commercial Subdivision Unit 4. and advising that the construction of pavement, curbs and gutters, and storm drainage has satisfactorily been completed on King Street from Higgins Road on the south, north to Lee Street. Centex guarantees said improvements for two years and agrees to furnish a maintenance bond for t at period of time when the Village accepts the improvements. This was referred to the Village Engineer. - 3 - Reg. 1-14-65 3. A letter dated January 11 , 1965 from Chief Arthur J. Bikek, Cook County Sheri£fis Police Department commending Sergeant Nebergall and Officer Skonie of the Elk Grove Village Police Department for their professional handling of apprehending an escaped convict wanted by the F.B.I. in the Spruce Inn on January 3rd. The Clerk read a proposed resolution commending the Newcomer's Club for their donation of 4300.00 to help equip the Village Youth Center. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board adopt Resolution No. 7-65 entitled "A RESOLUTION COMMENDING THE NEWCOMER'S CLUB". The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Copies were distributed of a proposed ordinance annexing 15.33 acres on the west side of Arlinaton Heights Road at its intersectinn with Cosman Road. It was moved by Trustee Mikkelsen and seconded by Trustee Mullen that the Board waive the first reading rule with respect to the above ordinance. The motion was voted upon by acclamation; whereupon the President I,eclared the motion carried. It was moved by Trustee Mikkelsen and seconded by Trustee Mullen that the Board adopt Ordinance No. 375 entitled " AN ORDINANCE ANNEXING 15.33 ACRES ON THE WEST SIDE OF ARLINGTON HEIGHTS ROAD AT COMM ROAD". The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Copies were distributed of a proposed ordinance regulating taxi-cabs. It was moved by Trustee Mikkelsen and seconded by Trustee Zettek that the Board waive the first reading rule with respect to the above ordinance. Trustee Keith said he would like to discuss the provisions contained in this proposed ordinance. With the consent of the second, the foregoing motion was withdrawn. Copies were distributed of a proposed ordinance rezoning School District 59 property ' (Higgins School site) from R-1 to M-2. It was moved by Trustee Keith and seconded by Trustee Lewis that the Board waive the first reading rule with respect to the above ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion caeried. It was moved by Trustee Mullen and seconded by Trustee Lewis that the Board adopt Ordinance No. 376 entitled "AN ORDINANCE AMENDING THE VILLAGE OF ELK GROVE VILLAGE'S ZONING ORDINANCE RELATING TO PROPERTY OWNED BY 30II0OL DISTRICT NO. 59." The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President dec)ared the motion carried. Copies were distributed of a proposed ordinance regulating parking and storage of trucks. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board waive the first reading rule with respect to the above ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board adopt Ordinance No. 377 entitled "AN ORDINANCE REGULATING PARKING AND STORAGE OF TRUCKS". The President directed the Clerk to call the roll and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. - 4 - Reg. 1-14-65 Copies were distributed of a proposed ordinance amending the Municipal Code relating to building contractors. This ordinance would delete all reference to licensing of any contractors except masonry, concrete or cement, and carpentry. The controversy on whether or not general contractors can be licensed under Illinois law centers around a court decision of a case filed against the City of Chicago and referred to as the "Ives Case". Attorney Hofert said he has studied this decision and feels that Chicago lost because the language of the general contractors' licensing provisions of their Code was so vague the Court was not sure just which contractors were to be licensed. Mr. Hofert suggested that the Board withhold action and he would re-write the Villages licensing provisions deleting those portions which are identical to those of the Chicago Code declared "bad" such as "any person engaged in the construction, alteration or repair of buildings or other structures, or sidewalk or street pavements.", and that he would word the amend- ment to the Code so as to be specific that masonry, cement or concrete, carpentry and general contractors are licensed. Mr. Hofert also suggested that the Board may wish to have him seek definitive legislation at a meeting he will attend in Springfield on January 16th of the Executive Legislative Committee of the Illinois Municipal League. The above course of action was agreeable to the Board. President Gibson said that when he suggested the deletion of general contractors from the licensing provisions of the Code, his suggestion was based on the opinion of Mr. Thomas Matthews printed in an issue of the "Illinois Municipal Review". A subsequent issue of the "Review" contained a statement from Mr. Matthews that his opinion that generals could not be licensed concerned only the City of Chicago. Copies were distributed of a proposed ordinance rezoning lots 45 to 48 inclusive in Centex Industrial Park Unit 23 from M-2 to M-1 and of an ordinance authorizing a special use permit for the maintaining of a railroad right-of-was on the same property. Trustee Mullen said he was opposed to granting a use variation; and that he felt that the land along the east side of Tonne Road should all be rezoned to M-1 at one time rather than in parcels. President Gibson said that the Board has received a petition from the property owner, at the Villagers request, for rezoning to M-1 . Another hearing would be necessary because the remainder of the property belongs to another party other than the present petitioner. Mr. Tom Garrity, Chairman of the Zoning Board of Appeals, said that the re- commendation of the Zoning Board is for a Special Use and not a variation. He pointed out that the Zoning Ordinance has provisions (Article XIV) for a special use for railroad right-of-ways. It was moved by Trustee Dillon and seconded by Trustee Zettek that the Board waive the first reading rule with respect to an ordinance rezoning Lots 45 to 48 in Unit 23 from M-2 to M-1 . The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Dillon and seconded by Trustee Zettek that the Board adopt Ordinance No. 378 entitled "AN CRDINANCE AMENDING THE VILLAGE OF ELK GROVE VILLAGE'S ZCNING ORDINANCE." Following a question by Trustee Keith, Attorney Hofert said that in his opinion in view of the way the application of the petitioner was made, that if there is an unfavorable vote on the second ordinance (granting the Special Use), in view of the petition, the President would almost be forced to veto the first 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, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. - 5 - Reg. 1-14-65 It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board waive the first reading rule with respect to an ordinance authorizing a Special Use permit for a railroad right-of-way. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board adopt Ordinance No. 379 entitled "AN ORDINANCE AMENDING THE VILLAGE OF ELK GROVE VILLAGE+S ZONING ORDINANCE BY AUTHORIZING A SPECIAL USE PERMIT FOR THE MAINTAINING OF A RAILROAD RIGHT-OF-WAY". The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE',- Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. ',dhere- upon the President declared the motion carried. Trustee Mikkelsen questioned whether or not the developer has been contacted regarding an agreement concerning the screen they have stated they will use to provide visual protection from the railroad spur to the west. Mr. Garrity, Chairman of the Zoning Board,said that this statement is in the transcript of the testimony presented at the zoning hearing. Mr. Stebbins, Centex Construction Company, said he has knowledge of the oral agreement. President Gibson asked if the Board wanted written confirmation of this agreement. It was the consensus that this was not necessary. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Copies were distributed of a proposed ordinance deleting portions of the Code relating to contractorslbonds. It was moved by Trustee Keith and seconded by Trustee Lewis that the Board waive the first reading rule with respect to above ordinance. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board adopt Ordinance No. 380 entitled "AN ORDINANCE DELETING CERTAIN PORTIONS OF SECTION 13.108 OF THE MUNICIPAL CODE". The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President declared the motion carried. Trustee Dillon asked that no action be taken on the proposed change to the Sian Ordinance, he did not have sufficient time to complete checking on some items. It was moved by Trustee Mikkelsen and seconded by Trustee Keith that the Board instruct the Village Attorney to prepare an ordinance repealing Section 24,015 of the Municipal Code in accordance with the President's recommendation of November 12, 1964• Trustee Mikkelsen said he has discussed this with Fire Chief John Haar who sees no objection to such action. The motion was voted upon by acclamation; whereupon the President declared the motion carried. It was moved by Trustee Mikkelsen and seconded by Trustee Lewis that the Board concur in the President's recommendation. item #d, contained in his November 12, 1964 feport and instruct the Village Attorney to prepare amendments to the Municipal Code as follows: amend Section 6.001 to merely establish the Fire Department, that a section be added providing that the President and Board of Trustees appoint the Fire Chief; that Section 7.502 be amended to read "-----all appointments except the Chiefs of the Fire and Police Departments." The motion was voted upon by acclamation; whereupon the President declared the motion carried. - 6 - Reg. 1-14-65 Trustee Dillon asked Mr. Majoros if he would have a report on the accounting machines and systems to be proposed. Mr. Majoros said his and Mr. Coney's would be a joint report. There was no further information available as to whether or not the County would provide funds or equipment for the Problem along_Arlington Heights Road parallel to Penrith Avenue. Trustee Mikkelsen recommended that the Board concur in the President's recommendation item #.a of the November 12. 1964 report. Trustee Dillon suggested that this be reviewed by the Board and a meeting was scheduled for 7 p, m.,January 21 , 1965. This will be on the January 21st agenda for action. Trustee Keith suggested a meeting of the Water Comm. and Presijent Gibson to discuss the President's recommendation as to the water supply (November 19th report) and item #c of the November 12th report. This will be on the January 28th agenda for action. Trustee Mullen questioned the procedure to be followed in rezoning the remainder of the land along the east side of Tonne Road to M-1 . President Gibson said that Centex has promised to use whatever influence they may have to get General Electric to petition for rezoning of thisstrip, or to acquiesce to the Village's petitioning for rezoning. Trustee Keith suggested that the Board request the President to write to Bennett & Kahnweiler and ask that they follow-up on their agreement to contact General Electric and ask-. that they either agree to petition for this rezoning or agree to not object to the Village's petitioning to rezone. Following further discussion, it was agreed to withhold sending such a letter for two weeks to see if a meeting can be scheduled with Bennett & Kahnweiler to discuss the entire "Hotpoint" area development. (This was referred to previously, on page 4 of the December 17, 1964 minutes. ) The Clerk reported that the"Municipal Police Indemnity Policy " expires January 15, 1965. Mr. Warren Edwards told Mr. Majoros that in checking around with various insurance companies, none would write the policy for less than 4500 which is the same amount of the premium during past year written by Continental Casualty Company. It was moved by Trustee Zettek and seconded by Trustee Lewis that the Board renew the "Municipal Police Indemnity Policy" for the amount of X500 from January 15, 1965 to January 15, 1966. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mullen, Zettek; "NAY' - none; "ABSTAIN" - Mikkelsen; "ABSENT" - none. Whereupon the President declared the motion carried. The Clerk exhibited a map with suggested precinct lines for the April 20th municipal Election. Following disuession and inspection of the map, it was moved by Trustee Zettek and seconded by Trustee Lewis that the Board concur in the Clerk' s recommendation for division lines for the April 20th election and instruct the Village Attorney to prepare an ordinance in accordance therewith for enactment next week. The motion was voted upon by acclamation; whereupon the President declared the motion carried. Trustee Dillon S.atd`'t st recording to an eAitorial in the "Town Crier" there are unsanitary conAituois pear' the Village involving cases of hepatitis ani County officials have been unavailable through attempte,1 contact on this matter. Trustee Dillon wondere,1 if there have been reports to the Village. Trustee Zettek sai-I that to the best of his knowleage the Board of Health has receive-' no reports or complaints. President Gibson asks-' if there were members of the au-'fence who wishe-' to a+tress the B aarq . Ns. E_ W. Stebbins, Real Estate Manager of Centex Construction Co. , requested that the P Pard consider taking action on Mr. Pahl's recommendation in regard to the plat pf Section 12 by next week. Mr. Stebbins said that this is the time of year -7- Reg. 1-14-65 when Centex makes underground improvements in preparation for the coming season's building program. It was moved by Trustee Dillon and seconded by Trustee Lewis that the meeting be adjourned. The motion was voted upon by acclamation; whereupon the President declared the motion carried, and the meeting adjourned at 10:35 p.m. Eleanor G. Turne Village Clerk APPROVED: l� Jafes R. Gibson Village President 4- Reg. 1-3-4-65