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HomeMy WebLinkAboutVILLAGE BOARD - 07/11/1963 - VILLAGE BOARD MINUTES OF THE REGULAR i,iJETING OF THE PRESIDENT A14D BOARD OF TRUSTEES OF THE VILLAGE OF ELIC GROVE VILLAGE HELD ON JULY 11, 1963 I i President James R. -Gibson called the meeting to order at 8:10 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 ans- wqxed "PRESENT" - Francis J. .Dillon, Eugene V. Keith, Ralph A Lewis, j Ralston D. ..Malonek, George E. Mullen, Charles J. 'Zettek, Jr. : "ABSENT" 1 none. It i It was moved by Trustee Zettek and seconded by Trustee Lewis that the minutes of the regular meeting of July 5, 1963 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 reported as follows : 1. Stated that at the previous Board meeting, action was taken on the I recommendation of the Plan Commission regarding Unit 13 of the Industrial Park. On the basis of subsequent discussion with Att- orney Hofert, this action is subject to question, and the President asked that the Attorney, in his report, discuss the matter of an escrow for curb and gutter along Landmeier Road in Unit 13. 2. Reported that he is addressing a letter to the Cook County Board of Commissioners requesting that Landmeier Road be improved and straightened on the basis that this road will become a main arter- ial entrance aid exit to the Village. i 3. Stated his belief that there was an unfortunate reference in the July 11th issue of the Elk Grove Herald concerning candidates for ' the post of Administrative Assistant. Out of approximately 50 I � candidates the name of 1 candidate was mentioned in the Herald article, which candidate is a member of the Village Board. The President said that in fairness to the Board and in fairness to the individual, names should not have been mentioned in the art- icle since it is privileged matter so far as the individual is concerned in applying for ajob.. Trustee Dillon stated that Mr. Cavanaugh,. of the Cook County Highway Department, called him and expressed concern at the report of possible installation of curb and gutter along Landmeier Road. When told that the Board was not considering such this time, but was putting money in escrow 1 for this purpose, Mr. . Cavanaugh asked that they be permitted to participate in the discussion of future plans for the installation since it is their road and they have opinions as to its improvement. At this time, (8:22 PM), due to the large number of residents in attendance, President Gibson asked that the Board deviate from the agenda for the pur- pose of recognizing those persons in the audience who might wish to address lthe Board. The President reconvened the meeting at 8:55 PM and directed the Village Clerk to call the roll. Upon the roll being called the following Trustees answered "PRESENT - Dillon, Keith, Lewis, Malonek, Mullen, Zettek; "ABSTENT (none. 'resident Gibson asked that the Board again deviate from the agenda for a +port from the Special Citizens Committee investigating the operation of �e Chicago MEg net Wire Co. There were no objections , Trustee Lewis reported as follows; 1. That the Special Citizens Committee members met with officials of Chicago Dragnet Wire Co. on two occasions, contacted research organi- zations engaged by this' Company to help solve the odor problem; contacted manufacturers of equipment used for the purpose of reducing -?- Reg. 7-11--63 odor; corresponded with 45 communities throughout the United States which had 73 plants in the same kind of industry, that of wire coating; they met with the Village Attorney and they also contacted Federal and State agen- cies regarding the problem of the odor from the Chicago Magnet Wire oper- ation. 2. Read a report of the Committee which contained the following recommendations : a. The Village Board of Trustees officially request that Chlca�;q Magnet Wire Company voluntarily suspend all odor producing operations which are in violation of the Municipal Code of Elk Grove Village. b. In recognition of the claims made by Chicago Magnet Wire Company I, that complete control of the problem is possible, the Village Board of Trustees allow, as a special exception to the Municipal Code, the operation of the new vertical oven with two afterburners and hot spill feed-back system, and the new General Electric vert- ical recirculating oven with internal catalyst for experimental purposes only. The purpose of allowing the operation of the new ovens for experimentation is to give Chicago Magnet Wire Company the opportunity to prove their claim that the odor problem can be completely solved. I c. The Village Board of Trustees set up a special group as a Watchdog Committee to observe whether or not these units actually eliminate all odor. d. If Chicago Magnet Wire does not agree to the voluntary suspension of their operations, which we have stated to be in violation of the Municipal Code, the Village Board of Trustees take whatever legal action is necessary to terminate Chicago Magnet Wire oper- ations. e. In order to facilitate this task and to hm dle any other related legal matters involved the Village Board of Trustees hire a legal expert in municipal matters of this type. If. The Village Board of Trustees reexamine the present zoning of the entire 740 acre "Hotpoint Tract" which is contiguous to the r.esid- 4 ential area of the village with the view to preventing any possible future nuisance to the citizens of Elk Grove Village. The foregoing report in its entirety, will be on file in the Cleric ' s Office, j Trustee Dillon said that before the Chicago Magnet Wire Co. moved to the l Village the Board was given to understand that they would come in with new j equipment and without odor. Regarding the reference in the foregoing re- port to the Board's being permissive in allowing the Company to move here, Trustee Dillon said that it was not a question of the Board's being per- missive; the question then was whether or not it was a permitted use under the Village zoning, and in the opinion of the Attorney it was . Trustee Mullen objected to the reference in the report that the Planning and Zoning officials of the Village had a "permissive attitude" . Trustee Mullen said that the Plan Commission and Zoning Board were never officially consulted on the question, and that if any of the members did any research, it was as individuals and not as a group. !Attorney Hofert daid that at the time (the Board discussed the intended move oto Elk Grove Village of the Chicago Magnet Wire Co. ) the question asked was ',:-''-ether or not this operation was a permitted use under the existing zoning. had nothing to do with the desirability of the zoning law; it was a ques- i Dn as to whether or not the laws which existed at that time, and still do, IJJrmit the operation of this Company. Mr. Hofert said that it was on this iarticular feature that he made the comments with reference to Chicago Ylagnet Aire Co. ; and that it was within the framework of this zoning that the Village oard had to operate. Ittorney Hofert also stated that the proposed legal action, to terminate -2- Reg. 7-11-63 �I �� ---- 1 Chicago Magnet Wire Co. operations, is of quite a serious nature and from a legal standpoint, in addition to the foregoing statement on the existing zoning, no attorney, whatever his background, could enter this case except with evidence and with people who must be hired as experts in this field- to study the problem because a court of law will not listen to testimony unless the court is convinced of the complete and thorough background of the persons giving the testimony. A lengthy discussion followed concerning the foregoing subject and it was decided that the Board would meet in Committee for further discussion and �. that Jb= two weeks hence 9.a report would be made to the Village as to the recommendations made by the Special Citizens Committee. Attorney Hofert reported that he has been in contact with representatives of the Cook County Highway Dept. on the question of curbs and gutters on County roads . As a result he learned that this installation cannot take place except with the consent of the County, and they will not consent unless the road has been expanded to a full four-lane (42 to 46 ft. ) road. It is unusual for curbs and gutters to be along county roads, the reason being they may wish to expand the highway and would then have to remove the curbs and gutters. i In reply to Trustee Keith, Attorney Hofert said that the stand-by authority which has been granted the Water and Sewer Committee would be sufficient authority with which to send restrictive lawn sprinkling regulations to Village residents; and that he would prepare an ordinance on this for pass- age at the next Board meeting. Trustee Keith said it is the plan to ban all lawn sprinkling for a 48 hour period to build up the water supply in the reservoirs and then institute restrictive sprinkling. It was moved by Trustee Mullen and seconded by Trustee Keith that the Board authorize an expenditure of $150 for postage for mailing notices regarding Irestrictive lawn sprinkling regulations . The President directed the Clerk to call the roll on the motion and upon the roll being called the following 'i Trustees answered "AYE" - Dillon, Keith, Lewis, Malonek, Mullen, Zettek; "NAY" - none; "ABSENT" - none . Whereupon the President declared the motion carried. It was moved by Trustee Mullen and seconded by Trustee Lewis that the Board reconsider the action taken by the Board at the last regular meeting con- curring in the recommendation of the Plan Commission and accepting that i portion of Unit 13 in the Industrial Park bounded by McCabe Avenue and Nicholas Blvd. on the south side of Landmeier Road and that the Board require jthe placing of 100% of the estimated cost of curb and gutter in an escrow account for work to be performed at a later date. During discussion, Trustee Dillon said that according to the County 's policy they will not permit installation of the curb and gutter unless Landmeier is a 4 lane road. In the future, if and when the road is widened, the Board may deem it undesirable to have a curb and gutter; but Trustee Dillon said it would seem preferable to require the escrow to insure that the money will be on hand if and when needed. ' The above motion was withdrawn with the consent of the second , Trustee Dillon further stated that it may be unreasonable to ask for an iescrow for an unspecified length of time; and he suggested that the money be placed in escrow for from 2 weeks to 1. year until a decision` is reached j— by the County as to if and when the road will be widened, and a decision i is reached by the Board as to whether or not the Village should require l that curb and gutter be along "Landmeier. Mr. E. W. Stebbins, Centex Construction Co. , stated that Centex Construction Co. would be agreeable (1) to working with -the Village Boar1- , arl, _t j bodies, to, widen, straighten and improve Lm :dmeier Road; (2) to dedication of property to make Landmeier Road a 4 lane road or to straighten it; (3 ) to cooperate with the Village as far as the proportionate co,-:-'U of- in to..ng -3- Reg. 7-11-63 1 - - i curb and gutter if it were considered by the Village Board, Plan Commission, Engineer, and adjacent property owners to be in the best interests ; the reason being that they do not own all the land on both sides of Landmeier. I Following further discussion by the Board and the Attorney, Mr. Stebbins said he would be willing to put the above statements in writing: He also said he would be willing to agree that the acceptance. of the plans of Unit j 13 would not constitute a waiver on the part of the Village to enforce the Subdivision Control Ordinance (which requires the installation of curb and gutter ) . i It was moved by Trustee Dillon and seconded by Trustee Zettek that the Board approve the plans of Unit 13 of the Industrial Park based upon the recommendation of the Plan Commission and subject to a letter of consent j from Centex Construction Co, agreeable to the Village Attorney. The Pres- ident directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Malonek, Mullen, Zettek; "NAY"- none; "ABSENT" - none. Whereupon the PrGS_ue declared the motion carried. The Clerk read a letter dated July 11, 1963 from Mr. Evan Stebbins, Centex Construction Co. , enclosing the original and three prints of Centex Indust- rial Park; Unit 13 Mr: Stebbins said that this Unit has been revised in accordance with a report made by Mr. Harry .Mikkelsen, Secretary of the Plan Commission; to the Village Board on July 5th; and that he has forwarded a cop; I of this revised print to Mr Mikkelsen for his approval; 1 Mr. Mikkelsen reported that it is the recommendation of the "lari COmmiSsion thatUnit 13 of the Industrial Park be approved in accordance with the final plans submitted; and subject to the Subdivision Contl4ol Ordinance require- ! ment that curb and gutter be installed! i Regarding a County zoning hearing on June 28th in Miti - Prospect, Mr. Mikkel- sen reported as follows; 58Tis a request to .rezone 1.4 acres on the south- east corner of Algonquin & Elmhurst Roads from B2 to B4 for a restaurant and cocktail lounge; 588 is a request to rezone 2:4 acres immedi?.te)_y south from R to B3 for an office building;y 4 g; 589 is a request to rezone 15-.9 i east of property in dockets 587 and 588 from R4 to R5 multiple family dis•• i trict for the construction of. apartments . The Plan Commission recorrnended that the Village Board file objections to dockets 587, 588 and 589 on th-_ basis that: the petitioner has not shown any hardship to request rezoning; i the requested rezoning is needed for the sale of the land in question; to rezone this land would be contrary to the basic principles of a> ning; the office building, cocktail lounge and restaurant have no prospective tenants ; there are inadequate parking facilities; inadequate plans for water and sewer service; and the development is poorly planned inasmuch as some of the building would be inaccessible to fire equipment. i It was moved by Trustee Dillon and seconded by Trustee Mullen that the Board accept the recommendation of the Plan Commission regarding dockets 587, 588 and 589 and direct the Attorney to prepare objections based upon the comm- i ents of the Plan Commission. The motion was voted upon by acclamation;where- upon the President declared the motion carried. ! It was moved by Trustee Mullen and seconded by Trustee Dillon that the Board accept the recommendation of the Plan Commission on the final plans of Unit i13 of the Industrial Park subject to a letter of intent(as discussed prey I iously .in the meeting)instead of adherence to the Subdivision Control Ord- inance. The President directed the Clerk to call the roll on the motion_ iand upon the :roll being called the following Trustees answered "AYE" - Dillon. Keith, Lewis, Malonek, Mullen, Zettek; "NAY" —none; "ABSENT" - none , Where- Iupon the President declared the motion carried. President Gibson extended the appreciation of the Board and the Village Res- idents to the members of the Special Citizens .Committee who prepared the re- port on the Chicago Magnet Wire Co. operation. Mr. A. Walla, Building Inspector, presented a report of Building Permits ! issued during the month of June 1963 showing 38 permits issued, for a value -4- Reg. 7-11-63 i i of t915,210, and fees of $31753 ;50` i Treasurer Coney presented a report for June, 1963 and year to I report will be on file in the Cle 'rk's Office y date which I Regarding the amount of $3,406:11 which was transferred from Motor Fuel Tax to General Corporate Account in 1961; Mri . Coney said that he has located the numbers of the checks which paid the amounts .totaling $3,406. 11 from the General Corporate Account, m d that copies of the invoices will be I forwarded to Mr. Fletcher who will write -to the State with an explanation of the expenditures. (This was discussed at the June 20, 1963 Board Meeting following receipt of the Motor Fuel Tax audit report. ) I Trustee Malonek presented 20 invoices totaling $2,935.03 payable from the General Corporate Account. (Itemization will be on file in the Clerk ' s Office. ) It was moved by Trustee Malone.k and seconded by Trustee Mullen that the Board authorize the payment of 20 invoices totaling $2,935.03 from tie General Corporate Account. 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, Malonek, Mullen, Zettek; "NAY" - none; "ABSENT" - none. [Thereupon the President declared the motion carried, The Clerk reported receipt of a letter dated July 11, 1963 from Mr. Evan X . I Stebbins Centex Construction Co. , enclosing the proposed plat of subdivision 1 for Centex Industrial Park Unit 14. Mr. Stebbins said that the engineering plans have previously been submitted and approved by the Village Engineer. This was referred to the Plan Commission. 'I The Clerk reported receipt of a notice to the President and Trustees and other officials of a luncheon meeting on Tuesday, July 16th at the Pick- Congress for an address by Governor Kerner on "State of the State of Ill- inois" and "Where Do We Go From Here" . President Gibson asked that the Board notify the Clerk no later than Saturday as to whether or not they ,1 plan to attend so that reservations can be made. The Clerk reported receipt of a request from the Anglo-American Tourist Service Association, Inc. for details, photographs and information concerning the Village. This was referred to the Public Relations Committee and Pir. i R. Richards, Village Photographer. i The Clerk reported receipt of notice from School )istrict 59 of a petition by the School District and two other property owners to annex the second (east- ern) half of the Higgins School property, sub-divided, and two other parcels of property extending northward along York Road, to the Village . The hear.-- ing is scheduled for 10= AM Jwly 30, 1963 in Room 603 of the County Building. It was moved by Trustee Dillon and seconded by Trustee Zettek that the Boars? adopt Resolution No. 23-63 entitled "RESOLUTION RELATING TO THE GENERAL 1PREV1 i AILING RATE OF HOURLY WAGES IN THE VILLAGE OF ELK GROVE VILLAGE LOCALITY- FOR OCALITYFOR CONSTRUCTION WORK" . The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees 2ns;­,ered j "AYE" - Dillon, Keith, Lewis, Malonek, Mullen, Zettek; "NAY" - none; "ABSENT" i - none. Whereupon the President declared the motion carried, ' It was moved by Trustee Dillon and seconded by Trustee Mullen that the '3oard ( direct the Village Attorney to prepare an Ordinance amending Section 13 . 108 , of the Municipal Code by deleting the provision that a fifty dollar deposit Imay be made by the contractor in lieu of furnishing a Contractor ' s Bond in ( the amount of $5,000. The President directed the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered I "AYE" - Dillon, Keith, Lewis, Malonek, Mullen, Zettek; "i?AY" - none; "ABSE•1VT" ,none . Whereupon the President declared the motion carried. i IIt was moved by Trustee Dillon and seconded by Trustee Lewis that the Board (authorize an advance of $75 to Trustee Mullen for expenses in connection with his attendance at the Illinois Municipal League Conference for Newly Elected Officials in Springfield on July 19th and 20th. The President direct- 6d the Clerk to call the roll on the motion and upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis , 11alonek, iiullen, 7,ettek; "N4Y" - none. "ABSENT" - none . Whereupon the President de :are�. the -5- Reg. 7--11-63 11 i 1 motion carried. It was moved by Trustee Zettek and seconded by Trustee Mullen that the Board reject the request of the Bensenville Cab Co. for a license to oper- ate in Elk Grove Village based upon the fact that their stated minimum r_.tes are in excess of that provided by the Municipal Code. The President the Clerk to call the roll on the motion and upon the roll being called i-he following Trustees answered "AYE"- Dillon, Keith, Lewis, Malonek, Mulley., Zettek; "NAY" - none; "ABSENT" - none. :Thereupon the President declare:-: the motion carried. Trustee Keith stated that the following two areas of the Zoning ".rc_inance , in his opinion, are in need of immediate revision : (1) the section 1,;;1i permits detached buildings on residential lots; anc. (2) parking requirer,ients y in commercial areas . President Gibson asked the Judiciary Committee re`, a_ report in two weeks on these two proposed amendments to the Zoning Ordinance , Trustee Mullen reported that he has talked to the Planning Consultant. i I Kesler, and to the Judiciary Committee, Building Committee and members of the Zoning Commission regarding the request for a gas station permit I-- Industrial _nIndustrial Park. It was the consensus that there would be no harm in per- I mitting such construction. Mr. Kesler prefers that gas stations be lc,cated in major shopping centers but did not see a problem with them in indust-ial areas . It was moved by Trustee Mullen and seconded by Trustee Zettek that !,he Board direct the Village Attorney to prepare an Amendment to the zoning ordinance excluding Bl and B2 permitted uses from the permitted uses under iii Light industrial zoning. The President directed the Clerk to call the roll on the i motion and upon the roll being called the following Trustees ans-veered - Dillon, Keith, Lewis, Mc,lonek, Mullen, Zettek; "NAY" - none; " BSE1\ T '- none, iWftereupon the President declared the motion carried. The Clerk reported that the Municipal Code does not provide for licensing of barber shops and dry cleaning plants, and that Mr. Hofert had been re quested to prepare a proposed ordinance providing for same . ?fir. Hofert sub- mitted copies of Chicago ' s ordinances on these subjects with the thought 'I that they would form the basis of an ordinance for Elk Grove Village and would provide thoughts as to what °should and should not be included, This was referred to the Judiciary Committee. The Clerk reported that representatives of School District 59 have requested copies of the Village ' s history (prepared in April 1962 for a radio station ) , The Public Relations Committee was asked to"up-date" this history for trans- mittal to the School District in their program of informing school teachers of the area. 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 Pres- ident declared the motion carried and the meeting adjourned at 11: 10 _M eanor G. Turner Village Clerk Approved: l J esR. Gibson '?resident ,l 1 -6- Reg. 7-11-63 -- - -- - --- - ---- - - -