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HomeMy WebLinkAboutVILLAGE BOARD - 12/03/1964 - VILLAGE BOARD MINUTES OF THE REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE HELD ON DECEMBER 3. 1964, President James R. Gibson called the meeting to order at 8:20 p. m, in the Municipal Building in said Village and directed the Village Clerk to call the roll. Upon the r,3ll being called the following Trustees answered "PRESENT" - Francis J. Dillon, Eugene V. Keith, Ralph A. Lewis, Harry R. Mikkelsen, George E. Mullen, Charles J. Zette'r, Jr. ; "ABSENT" - none. Attorney Hofert was present, at this meeting. The Clerk reported the following corrections to the minutes of the regular meeting of November 25, 1964: Paragraph 5 of page 5 should have the following insert on line 4 ::::.;: to the roll call: "It was moved by Trustee Dillon and seconded by Trustee Lewis that the Board appoint Fay Bishop as Deputy Clerk for the purpose of accepting voter registrations through January 19, 1965." The last word of the second line in paragrpah 11 of page 5 should be "contractors". It was moved by Trustee Dillon and seconded by Trustee Mullen that the minutes of the regular meeting of November 25, 1964 be approved as corrected, and that the Board dispense with the reading thereof. The motion was voted upon by acclamation; whereupon the President declared the moticn carried, It was moved by Trustee Dillon and seconded by Trustee Mikkelsen that the minutes of the adjourned meeting of November 30, 1964 be approved as submit-`U-ed and that the Board dispense with the reading thereof. The motion was voted upon by acclamation; whereupon the President declared the motion carried. Regarding the McLennan prmperty annexation. Attorney Hofert reported that the property belonging to J. E. Kostur has been deleted from the proposed annexation agreement, the restrictive covenants, and the ordinances of annexation and rezoning. Mr. Earl McLennan stated that Mr. Kostur who had agreed to the annexation is now deceased and the consent of the heirs has not been forthcoming. The property in question is approximately 3 acres, located approximately 600 feet south of Devon Avenue and fronting on York Road, on which is built a plant called "Comet Industries." President Gibson said that the proposed agreement is that submitted to the Board and amended by the Board at its Special Meeting of October 5, 1964 with the exception that the following has been suggested: "It is understood that the engineering standards to be applied shall be those applied to all other property similarly zoned in the Village at the time said subdivision plat is submitted". It was the consensus of the Board that this be included in the agreement 3n paragra#i4. Attorney Hofert then read a proposed resolution authorizing the President and Clerk to sign the Agreement. It was moved by Trustee Zettek and seconded by Trustee Mullen that the Board adopt Resolution No. 45-64 entitled "A RESOLUTION AUTHORIZING THE EXECUTIa1N OF A PRF,-- ANNEXATION RH-- ANNEXATION AGREEMENT RELATING TO 110 ACRES OF PROPERTY AT THE SOUTHWEST CORER OF DEVON AVENUE AND EIMHURST ROAD BETWEEN THE VILLAGE AND THE RECORD T 7F THEREOF". The President directed the Clerk to call the roll on the motion upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek and President Gibson; "NAY" - none; "ADSFINIT"- none. Whereupon the President declared the motion carried, Attorney Hofert presented a proposed ordinance annexing the abcve narpe3 property. It was moved by Trustee Dillon and seconded by Trustee Lewis that the Board waive the first reading rule with respect to the above ordinance. The motion wa.s voted upon by acclamation; whereupon the President declared the motion carr-i.ed, - 1 - Reg. 12-3-64 FollDwing its reading, it was moved 'by Trustee Lbwid and seconded by Trustee Mullen that the Board adopt Ordinance 3E7 entitled "AN ORDINANCE ANNEXING 110 ACRES OF PROPERTY AT THE SOUTHWEST CORNER OF DEVCN AND EIMHURST ROADS PURSUANT TO A PRE-ANNEXATION AGREEKENT HERETOFORE ENTERED .INTO .BY THE VILLAGE AND THE PROPERTY OWNERS BY VIRTUE OF RESOLUTION-N0& 45-64"1* The President directed the Clerk to call the roll on the mdtion.and upon the roll heing called the follo�ting Trustees answered "AYE"_ - ,Dillon. Keith' Lewis, Mikkel4en Mullen; Zettek;tind President Gibson' "NAY"none; "ASSENT"= nonei Wheredpon the Pretident declared the motion carriedi Attorney Hofert presented a proposed ordinande rezoning the above 110 acres, which were classified as R-1 iipdn ahnexation; to M-2 in accordance with the afore- mentioned sgreementt It was moved by Trustee Dillon and seconded by Trustee Keith 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 Zettek and seconded by Trustee Mullen that the Board adopt Ordinance No.. 368 entitled " AN ORDINANCE AMENDING THE VILLAGE OF ELS( GROVE VILLAGE ZCNING ORDINANCE RELATING TO PROPERTY CCNSISTING OF 110 ACRES LOCATED ON THE SOUTHWEST CORNER OF DEVCN AND EIMHURST ROADS. " 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 Keith and seconded by Trustee Dillon that the Board deviate from the agenda and instruct the Clerk to open and read the bids on the police cars. The motion was voted upon by acclamtion; whereupon the President declared the motion carried. The Clerk then opened and read the followin&-nine bids received: Bid Price Trade-in NEt Price George C.. Poole, Inc.. $111064,67 $3,100.00 ;;7,964.67 400 West Northwest Highway Arlington Heights, Illinois Roselle Motor Sales, Inc. X11 ,332.57 02,500.00 X8,832.57 P. O. .Box- 178, Iriving Park & Roselle Road Roselle,. Illinois Lattof -Motor Sales Company $10,983.69 $3,500.00 $7,483.69 800 East Northwest Highway Arlington Heights, Illinois Grand Central Motors, Inc. . $11 ,311 .00 $5,800.00 X5,511 .00 3605 w. _Grand Avenue Chicago, Illinois Joe Smart Rambler, Inc. $10,701 .24 0,800.00 X6,901 .24 120 E. .Lake Street Elmhurst, Illinois Glenbrook Ford, Inc. $10,831 .42 04,855.00 $5,976.42 2038 Waukegan Road Glenview, Illinois Mark Motors, Inc. $11 ,333.50 $3,150.00 48,183.50 2020 E. .Northwest Highway Arlington Heights, Illinois Tom Edward Chevrolet, Inc. 412,015.00 43,600.00 ; 8,415.00 320 West Grand Avenue Elmhurst, Illinois Park Plymouth Motors, Inc. 410,985.75 45,150.00 0,935.75 6600 W. North Avenue Chicago 35, Illinois - 2 - Reg. .12-3-64 It was moved by Trustee Zettek and 'secoaded by Trustee Dillon that the Board accept the bid of Grand-Central Motors for the purchase of four sedans and one police station wagon and -in consideration of trade-ins, for a net price of ;$5,511 .00. The President directed. the Clerk to calL ihe_ roll on the motion and upc% the roll being called the ow folling Trustees answered "AYE" - Dillon, Keith, Lewis, Mikkelsen,. Mullen; Zettek; "NAY" - none; "ABSENT" - none. Whereupon the President delcared the motion carried: President Gibson administered the oath of office to Mr: Richard A. McGrenera, Member of the Plan COminisiAo`nl Mr.'. George Majoros; .Village Administrator, reported that today Village Engineer E. .N, 'Fletcher submitted to, him the proposed specifications for the oumo and related eguiAment fo�. w.ell 43: They appear to be in order with the specifications prepazed by Mti Black' :of.Alvord, Burdick & .Howson, and they will be prepared in final form for transmittal to prospective bidders next week. Mr. Majoros also reported that as of late today approximately 50 cubic yards .of sand have been removed from the Hotpoint well and this amount accounts for 31 feet of the approximately 91 feet of sand in the well. Mr. Majoros also said that Mr. Brooks of Layne-Western Company does not have a recommendation at this time, however, he feels that continued bailing will increase the life of the well and will provide a larger cavern thereby reducing the velocity of the water which allows the sand to settle out before being drawn into the system. Mr. Brooks also feels that since they have now reached a depth level at which the well was never bailed and the capacity is slightly more than 12 gallons per foot of draw-down, that he does not expect an increase in the yield and he feels the Village should not continue to bail with that expectation or for that reason. Mr. Majoros said that Mr. Fletcher would like to continue bailing until all the sand is out unless the cost becomes prohibitive. He would like to continue at least another week to see if sufficient vertical progress can be made. He is reluctant to put a new pump in a sandy well. It was moved by Trustee Dillon and seconded by Trustee Lewis that the Village continue bailing the"Hotpoint"well for one more week, on a double shift if available, unless the Engineers want to call it off. The President directed the Cl.ark. 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. (Thereupon the President declared the motion carried. Trustee Dillon mentioned a newspaper article wherein reference is made to traffic control at Arlington Heights and Kennedy Boulevard. He said that mcst of the items said to be lacking are either now installed or on order. He pointed out that Arlington Heights Road is under County jurisdiction and the Board can only request their cooperation insofar as erecting signs is concerned. In the absence of the Fire Chief, the Village Clerk- read the Fire Department report for the month of October 1964. (This report will be on file in the Clerk' s office. ) Chief of Police Harry P. Jenkins read a report of Police Department activities for the month of November 1964. (This report will be on file in the Clerk' s office.) Trustee Mikkelsen presented the Accounts Payable Warrant showing three invoices totaling ,411 .92 payable from the Water and Sewer Department Operating Account, 17 invoices totaling X691 .40 payable from the General Corporate Account and two invoices totaling $60,405.96 payable from the Motor Fuel Tax Account. (Itemization will be on file in the Clerk's office. ) It was moved by Trustee Mikkelsen and seconded by Trustee Zettek that the Board authorize the disbursement of .;P'411 .92 from the Water and Sewer Department Operating Account, X691 .40 from the General Corporate Account and $60,405.96 from the Motor Fuel Tax Account, in payment of the invoices on the Warrant. 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. - 3 _ Reg. 12-3-64 Trustee Mullen questioned whether or not the check for $14.338.00,authorized on November 25, 1964, has been transmitted to the School District. President Gibson said the check had not been issued, that there was a breakdown in communications and the Village Attorney had. not recommended that the Village pay the bill at that time. Attorney Hofert explained that as the situation is now, he has been advised that there is a title opinion to the land in question forthcoming and from What he has been told, title is in the Village and the opinion should be in hand tomorrow, that the chances of their being any problem if the check had been issued prior to receipt of the title opinion, are remote, however, there is a slight risk. Trustees Mullen and Zettek expressed their disapproval of the President's withholding the issuance of this check at thorized by the Board to be paid. Trustees Keith and Zettek said they felt that the President should have notified the Board members of his action before now. President Gibson stated he had told Trustees Dillon and Zettek of his learning that Attorney Hofert had not said the check should be issued. He said he had discussed the problem with District #59 School Board President Brubaker on Wednesday, November 25th and Thursday, December 3rd, and that President Brubaker had expressed no concern over the delay in the issuance of the check. Trustee Mikkelsen scheduled a Finance Committee meeting at 7 P.M., December 10th, to discuss a change to the Municipal Code in the section which now requires a contractor's bond that insurance companies will not furnish. Trustee Lewis said lie has received some information on bonds for licensees and permittees and the Judiciary Committee will meet soon to discuss this. Mr. Robert Fleming, President of the Library Board said that they are deeply concerned about information in the Elk Grove Herald that the traffic survey report contains a recommendation that there be no parking between Oakwood Drive and Higgins Road. Trustee Zettek said this is incorrect and the report does not state this. The Clerk reported receipt of a petition dated November 24, 1964 from Atlantic Steel Company, Inc., 2180 Pratt Boulevard, requesting a variation from Article 12A, Section 5 of the 'Zoning Ordinance relating to parking. This was referred to the Zoning Board of Appeals for a public hearing. The Clerk reported that the sign variation requested by Skild Manufacturing Inc. , 160 Bond Street is necessitated upon their wish to have a temporary sign over Public property according to Building Inspector Albert Walla. The sign in question is 27 feet square and advertises for help. It was moved by Trustee Mullen and seconded by Trustee Keith that the Board permit Skild Manufacturing, Inc. to locate a sign at the corner of Bond Street and Higgins Road for a period of 90 days from date of erection. The President directed the Clerk to call the roll on the motion. Upon the roll being called the following Trustees answered "AYE" - Dillon, Keith, Mullen; "NAY" - Lewis,Mikkelsen, Zettek. President Gibson voted "NAY", and declared the motion not carried. The Clerk reported receipt of a letter dated December 2, 1964 from the State Department of Insurance enclosing an examination report on the Police Pension Fund of Elk Grove Village. The President asked that copies be sent to the Police Pension Board and request their response. The Village Clerk reported that she has not filed Resolution No. 44-64 with the County which raises objections to a petition for rezoning of property near Dempster Junior High School. The reason for the delay was that when the Clerk requested Attorney Hofert to phrase the amendment to the Resolution which amendment would point up to the County that if the rezoning is granted , a cock- tail lounge could be built at some future date regardless of the intent of this petitioner at this time, Attorney Hofert said that from the facts he has at hand, the State of Illinois Dram Shop Act prohibits the sale of liquor within 800 feet of a school. Upon learning this, the Clerk held the Resolution pending Board direction as to its disposition. 7 _ 4 - Reg. 12-3-64 Attorney Hofer:, at the Boatdls requp;` i-t- then described the Use of land surrounding that in question and explained s6mb-6f the ramifiaatibns should the land be rezoned as requested, It was moved by T:idstee,Lewis and saeonded by Trustee Dillon that the Board rescind the fellbuiing motilin made November 25jl 1%4: "that the Board adopt Resolution No. 44-64 entitled mA RESOLUTION PROTESTING THE REZONING OF PROPERTY IN ELK GROVE TGWNSHIP FRCM R-4 TO B-4' as amended to point up the fact that under the requested zoning use, a cocktail lounge may be built regardless of the intent of the petitioner at this time' and that the Board adopt Resolution No. 44-64 entitled "A RESOLUTION PROTESTING THE REZCNING OF PROPERTY IN ELK GROVE TCNWSHIP FRCM R-4 TO B-4" as presented. 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. Where- upon the President declared the motion carried. Attorney Hofert suggested that the Bond might wish the Judiciary Committee to consider whether or not to advice the Cook County Board of Zoning Appeals and the Cook County Board of Commissioners relative to their existing zoning ordinancE regarding multi-family dwelling use. It was moved by Trustee Lewis and seconded by Trustee Mullen that the Board adept Ordinance No. 369 entitled "AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 23 OF THE MUNICIPAL CODE OF ELK GROVE VILLAGE RELATING TO SWIMMING POOLS." Trustee Keith said he is voting for the ordinance but on a reserved bac_-, he wants to see how it will stand up under actual use. 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 Lewis noted that the parking dividers in the Park and Shop Shopping Center parking lot are broken and misplaced, and that he talked to a representative of the developer a month or six weeks ago and asked him for suggestions. It was moved by Trustee Keith and seconded by Trustee Zettek that the Board concur in the Zoning Board's recommendation on the A-2 zoning petition and direct the Village Attorney to draft the necessary ordinance. Following is a transcript on this subject from the tape recording of the meeting: "Trustee Lewis: It was at my request that we held up action on this matter because I was interested in looking into recommendation of the Zoning Board of Appeals; looking over the transcripts and looking over the proposed site and the propo_Ct'' plat submitted by the petitioner. I've done this and I want to make a few cori;lents_ At first I was somewhat concerned over the petitioner requesting additional propexc•y for this useage when there is property presently in the Community which can be used- for this use - A-2, I was concerned over this and as I say, I did investigate the area and I do not feel the request is an unreasonable request for rezoning as far as the A-2 application is concerned to the area on west side of Tonne. The property is unique in its size and the way it is laid out over there. I do not believe Single-family detached homes can be situated well on the property at all. The density factor has been of concern to me and for this reason I bring forth this recommendation of mine. The proposal indicates, the proposal for this development indicates a slight increase over what we permit in our single family R-3 classification But the A-2 zoning ordinance stipulates that for each dwelling unit only 1 ,000 sq. ft. land area need be available. I do not imply that the petitioner would put a great deal more units on this property at all, but I do feel that we are in need of a revision in our existing zoning ordinance in regard to multipule family. I am certain our revision of this ordinance will not be a restrictive one which would hamper the petitioner in developing this area, A-2,as they propose on doing so. My recommendation would be to the Board to delay action upon this at this time and instruct our planning consultant, Tec-Search and the Plan Commission to prepare a new multi-family ordinance. I don't feel we should necessarily rezone property - 5 Reg. 12-3-64 Attor ey Hofert, at the Board's request, then described the use of land Burro ng that in question and explained some of the ramifications sh uld the Ian be rezoned as- requested: It was mov d by Trustee Lewis and seconded by Trustee Dillon that t Board rescind the olloiairig iuotion made November 25, 1964: "that the Bo d adopt Resolution N 44-64 entitled 'A RESOLUTION PROTESTING THE REZON OF PROPERTY IN ELK GROVE SHIP FROM R-4 TO B-4' as amended to point up .th fact that under the reque ted zoning u9e; a cocktail lounge may be built egardless of the intent of th petitioner at this time' and that the Board dopt Resolution No. 44-64 entitle "A RESOLUTION PROTESTING THE .REZCNING OF (FERTY IN ELK GROVE TOWNSHIP FR R-4 TO B-4 " as presented; The.Preside directed the Clerk to call the roll on he motion and upon the roll being cal ed the following Trustees answered "A " - Dillon, Keith, Lewis, Mikkelse Mullen, Zettek; "NAY" - none; "ABSENT - none. Whereupon the Presiden declared the motion carried; Attorney Hofert suggeste that the Board might wish t e Judiciary Committee to consider whether or not to advise the Cook County Bo rd of Zoning Appeals and the Cook County Board of Co issioners relative to eir existina zoning ordinance regarding multi-f ly dwelling use. It was moved by Trustee Lewis d seconded by T stee Mullen that the Board adopt Ordinance No. 369 entitle "AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 23 OF THE MUNICIPAL CODE OF ELK GR VILLAGE RE TING TO SWIMMING POOLS. Trustee Keith said he is voting for the or nance but on a reserved basis, he wants to see how it will stand up. de actual use. The President directed the Clerk to cal the roll on the motion and upon.. the roll being called the following Trustees ed "AYE" - Dillon, Keith, Lewis, Mikkelsen, Mullen, Zettek; "NAY" - none; "ABS T" none. 'Whereupon the President declared the motion carried. Trustee Lewis noted that the ark a dividers in the Park and Shop Shopping Center parking lot are broken and wisp cel, and that e talked to a representative of the developer a month or six w ks ago and aske him for suggestions. It was moved by Trustee Keit and seconded by Trus ee Zettek that the Board concur in the Zoning Board' recommendation on the -2 zonin petition and direct the Village Attorney to dr ft the necessary ordinanc . Trustee Lewis recommend that the Board delay action this and instruct the Plan Consultant and P1 Commission to prepare a new mul i-family dwelling use ordinance. Such acti would not restrict this petition since he proposes a low density and the ord' ante could be adopted before spring w en the developer plans to start construct' n. Trustee Lewis also said that he fee the Village should not rezone on the asis of a petitioner's request for a cert 'n piece of property, that t ere is other land in the Village already zone for this use. The President d'rected the Clerk to call the roll on the motion and upon the roll being called t e following Trustees answered "AYE" - Dillon, Kei , Mikkelsen, Mullen, Zett ; "NAY" - Lewis; "ABSENT" - none. Whereupon the esident declared the motion rried. Following a brief discussion on the proposed ordinance designating th Plan Comm issi n 'as the Zoning Commission, it was moved by Trustee Dillon an seconded by Tru ee Lewis that the Board instruct the Village Attorney to draft ordinance desi ting the Plan Commission as the Zoning Commission, as it was ori,'nally sub ' ted. The motion was voted upon by acclamation; whereupon the Presi nt dec ared the motion carried. In response to President's Gibson question, there were no persons in the audience who wished to address the Board members. - 5 - Reg. 12-3-64 It Was moved Trustee Lewis and seconded by Trustee Dillon that t meeting be adjourned. e motion was voted upon by acclamation;whereupon he President declared the motio carriedy and the meeting adjourned at 10:47 : M. Eleanor G. Turner Village Clerk APPROVED: James R. Gibson President 6 - Reg. 12-3-64 "based upon what the petitioner proposes on doing to a subject piece of property. There are unforeseen circumstances which can arise and economic changes which can effect the property and possibly the density might not be maintained that was proposed initially. The second thing is, I am certain that I will be asked what about entering into an agreement that the petitioner will not increase the density of this property. I als.+ have some legal advice regarding this matter and it was the feeling of that counsel that it would be.-best not to enter into a patchwork type of operation because it could be difficult in trying to defend such action 'at a later date. But an ordinance, an ordinance which is acceptable to both parties would be better all around as far as the Community is concerned. as well- as thd�petitioner. So for this reason I recommend that,we do this. Now, in this eveningi•s paper I note that the petitioner stated that the construction,- as a matter of fact the working drawings are not prepared for this area: The construction won't take place until next spring. I'm not at this time indicating that we have or we should drag out this operation as far as revising our multiple- family zoning is concerned. I think this can be handled rather rapidly in the next 60 days by our professional people. "Trustee Dillon: -Well, Ralph, I don't think I can agree with you on any of the things you have said. We have the recommendation of the Zoning Board and one from the Plan Commission who studied this thing at length and came up with the re- commendation to approve it. In regards to the legal opinion you sought out, I go to Mr. Hofert for a legal opinion and don't have much interest in anybody else's. " "Trustee Lewis: Let's ask Mr. Hofert, I spoke with him about it. "Trustee Dillon: At the same point of time, if we postpone this thing, granted they're not going to build until the spring, but ;. if we're not going to take any action on it, they're not going to make any plans either. So I have to say I have to go along with the Zoning Board and Plan Commission. "Attorney Hofert: Reference has been made to my legal opinion. I think what we ought to do is define the exact issue and questions that were asked and the opinions that were given on each specific issue. The question was asked, as I recall , (1 ) what would be the legal validity of an agreement to restrict density, apart from the zoning action. I indicated as I recall it that this was an extremely difficult thing to do by private agreement where you did not have a pre-annekation agree- ment in advance and that covenants of this nature were difficut to enforce, legally, other than as I say, through the media of an ordinance. when you grant rezoning under an ordinance, needless to say, a person is entitled to use that property as that ordinance permits him to do. This was the question and the answer that I gave. "Trustee Lewis: Correct* r►Trustee Dillon: The question would be if you're so concerned now, I don't know whether we could at this time and Ed would have to answer this, if we did go for a new ordinance, if we could hold them to it. TI)ey -pplied for zonirg under the present ordinance, and had* tbe hearing and it was recommended that it be arkroved. If we change it let's say tighten or loosen the ordinance, I'm not so sure it would bind them. I also wonder why at this late date all the sudden interest in it. The thing has been going on for .several months. "Trustee Mullen: I' kind of go along with your opinion. I think that one of these days were're just going to have to get in to gear and get these problems straightened out before Centex comes to us, with a proposal -------------- "Trustee Dillon: I'm not saying we shouldn't tighten the ordinance but that' s what we hired a planner for, to do the whole thing. "Trustee Lewis: 'I want to tighten the ordinance now, but it will not be too restrictive at all to these people because what they indicate is 69 dwelling units on about 9 acres of ground, which is low density, I agree. "Trustee Dillon: I'd rather perform an over-all job and if every* five minutes we give them a little fire to put out we're never going to get started in an over-all job. - 6 _ Reg.12-3-64 " Trustee Mikkelsen: I agree with Frank, but I only have one question to ask of Mr. Hofert. In a hearing of this nature where the petitioner comes in and as Ralph indicated, indicates he is going to put up 68 dwelling units, is this sufficient grounds to believe that he is only going to put up 68 units;:. and that he is going to .withhold to this level, and should he go beyond this leve] , say like double. it or triple it, even though this is permitted under the code, is this in violation of the information that he submitted at the time of the hearing. Because I 'm sure that for the recommendations that the Zoning Board made they took various things under consideration such as traffic, for one. Obviously under the R=3 classification, as was pointed out in testimony - you can get 55 single- family dwellings iii there. Now we're talking now in terms of 68 which is not a major increase in traffic. But were they to triple the mumber you now would have another consideration which was not in effect at the time of the hearing. IlAttorney Hofert: O ell, I would like to answer this gnestion. First of all, let me say that nothing that I will say has anything to do with the reputation or the integrity of any person and consequently you may have a bonafide person who comes forward and says I have the intention to do this and this is his honest intention and there's no reason to believe he will do otherwise. However that person can do one of two things, he can either have a change of mind at a subsequent date due to events that were not present at the time in question in his own mind, or secondly, he may sell the property to a second person, whose intentions are not the same as the first person's. " Trustee Mikkelsen: I realize full well the second aspect. " Attorney Hofert: 'Under those circumstances it would seem to me, that if he were entitled to a greater number of apatment units he could come in and seek the building permits and the Building Department would be required to issue them. Now, if you could prove he never ihtended to put 68 units that he had fully intended to put 250 units and therefore fraudulently induced the Village to change its zoning, you might be able to suspend the zoning. However, the chance of the Village proving such a state of facts would be extremely remote. That's about all I have to say. I can remember a situation that occurred before the County Zoning Board, under the old County Zoning Ordinance, wherein. the individual in question said they were going to build tanks, gas tanks, and they subsequently came in and sold the property to a corporate officer of the petitioner and he came in and built trailer courts. This happens; legally,there is no way to prevent . this from -occurring. 'Trustee Mikkelsen: I realize the situation that can happen under the sale of the property from one person to another, but I was wondering as the effect the plat plan or the preliminary plat plan that were submitted indicated 68 dwelling units. Based upon this, I can't see any objections on the basis they go for 68. Maybe they'd come in with 72 or 75, I don't think this would make any difference but if they come in starting to go up in height, then we're faced with problems with traffic, faced with problems of water, and other considerations which based upon the evidence submitted at the hearing were not considered. "Trustee Keith: •I 'm a little surprised, Ed, at your comments because when we rezoned the 37 acres at Elk Grove Boulevard, Ridge and Kennedy, why this then was rezoned contigent upon the agreement with the developer on the density that they would put in this particular tract and at that time I don't remember any objection to our actions. Attorney Hofert: As I said, in my opinion this is perhaps and certainly not advisable for the reason and I think that what wasconteinplatad at th?time was that this was a stop gap measure until such time as to put in a whole new ordinance and as I say this type of an arrangement, in my way of thinking enters an area which patch work, in the nature of patch-work with a zoning ordinance. I think when you have a zoning ordinance, needless to say the best situation is to have one that specifies the density. '�rustee Keith: Of course this is one of the things that has been concerning us for a long time and its only now that we are starting to finally get on the road of correcting the problem we've experienced for these many years that I 've been on the Board. But right now we have this 9 or 10 acre tract which I don't see represents a substantial problem to the community. I think that the zoning that is asked for is correct for the area and I think the Zoning Board ' has - 7- - Reg. 12-3-64 "investigated and I see no reason .to hold up Centex because of our lack of completing a job that we have been trying to do for a number of years. "Trustee Lewis: Gene, I agree with you, the zoning for this area, I believe wholeheartedly should be A-2. I spoke about this to other members of the Board, including you. I've done a great deal of study on the matter and I do believe this, but my only thought is that I don 't feel we should rezone it without having the proper control here. I'm not saying or questioning the integrity or honesty of the petitioner at all but I don't feel we should rezone any property without having the proper types of control. Here we have an ordinance which says each dwelling unit regardless of size, only 1 ,000 square feet of land in lot area is required. Now as far as the period of time is concerned here, I'm certain this isn't going to stop these people from preparing construction drawings for this site, and I don't thinly 60 days is too much time since they came in for their first hearing July 21 , they came back in October for another hearing so this took a matter of a couple of months. " Trustee Lewis: -I'm not certain that there's going to be som- other parcels come in, Gene, or not. " Trustee Keith: We want this job done by Tec-Search and we want it done right. Now, we've already assigied four small problems to them. Now, I think that there is a way that the planners work and I would like to see them start with the plan and work on through and come up with the zoning ordinance as they said they would , rather than keep on inserting little things and jobs we want done as they go along. I think this is the wrong way to go into a $27,000 venture. " Trustee Lewis: At one time, Gene, I want to remind you, you were of the feeling that this could be done without going through the other steps. This was some time �. ago, so since then you have been convinced that this is the proper method. That was my feeling and if the rest of the Board doesn't have the same views as mine that's up to them, that's their prerogative. "President Gibson: Anybody else wish to be heard on this subject? Trustee Mullen: -Oh, I'd like to get in one little comment. I heard three references to the zoning or density rather, being slightly greater than what exists now and I'd just like to remind everyone the present zoning as I recall was some- thing like 3.16 and I don't consider an 817 or what ever it is a slight increase,. ??Trustee Mikkelsen: +Well, I think, George, the 3.6 is an over all average and you'll find that throughout the Village we have certain areas that are in excess of that right now. "Trustee Mullen: Only one "Mr. Garrity: (Chairman of Zoning - Board of Appeals) -The net on this is roughly 8.2 acres, I think you can go 55 single famil.y detached dwellings in that area by dividing through by 7500 square feet. "Trustee Lewis: It's over nine acres, 9.6 . " Tris tee Mullen: 'The zoning density was given as 4.5- and I don't want to get into net and gross discussion. " Mr. Garrity: 'Well, you can build 55 dwelling units on the property, 55 single family detached R-3 on this 9.6 acres. " Trustee Lewis: I don't think you can put 55 on the subject property at all the way the property is situated. " Trustee Dillon: •I suggest that we have the Zoning Board's recommendation and the Planning Board's and we've got a motion up, so we ought to do something about it. " Trustee Mullen: You understand I wasn't objecting, I was just ------_______ . " Trustee Dillon: -The hour is getting late and I have some matters which may take another hour and a half, so I suggest we move along. i 8 Reg. 12-3-64. i " President Gibson: Anybody else wish to be heard?" 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, Mikkelsen, Mullen, Zettek; "NAY" - Lewis ; "ABSFNT" - none. Whereupon the President declared the motion carried, Following a brief discussion on the proposed ordinance designating the Plan Commission as the Zoning Commission; it was moved by Trustee Dillon and seconded by Trustee Lewis that the Board instruct the Village .Attorney to draft- an ordinance designating the Plan Commission•as' the ,-Zoning. Commission, as it was originally submitted. The motion was voted upon by acclamation; whereupon the President declared the motion carried In response to President's Gibson question, there were no persons in the audience who wished to address the Board members, It was moved by Trustee Lewis and seconded by Trustee Dillon that the meeting be adjourned, The motion was voted upon by acclamation; whereupon the President declared the motion carried, and the meeting adjourned at 10:47 p. m. / I Eleanor G. Tun r Village Clerk APPROVED: i I I JaJZes R. Gibson President I i