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Home My WebLink About03/06/1984 VB minutes MINU]IES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT March 6, 1984 CALL TO ORDER CALL TO ORDER Mayor Krause called the meeting to order at 7:31 P.M. INVOCATION .INVOCATION The invocation was given by Trustee Wattenberg. Present upon roll call: Mayor Carolyn Krause Trustee Ralph Arthur Trustee Gerald Farley Trustee Norma Murauskis Trustee George Van Geem Trustee Theodore Wattenberg Trustee Leo Floros arrived at 7:41 P.M. EXECUT/VE SESSION . EXECUTIVE SESSION Trustye Arthur, seconded by Trustee Murauski. s, ~oved to hold an Executive Session for the purpose of discussing litigation regarding possible appeal for the DUI Ordinance, and to receive a report on current litigation - Hardin VS Village of Mount Prospect. Upon roll call: Ayes: Arthur,. F~rley, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Mayor Krause reconvened the meeting, having cc~e out of Executive Session at 8:20 P.M. Present upon roll call: Mayor Carolyn Krause Trustee Ralph Arthur Trustee Gerald Farley - Trustee Leo Floros Trustee Norma Murauskis Trustee George Van Geem Trustee Theodore Wattenberg Motion carried There were twelve(12) citizens present at this Board meeting. APPROVAL OF MINIIi~S APPROVE MIN73TES Trustee Wattenberg, seconded by Trustee Farley, moved to approve the minutes of the regular meeting of the regular meeting of the Mayor and Board of Trustees held February 21, 1984. Upon roll call: Ayes: Farley, Murauskis, Van Geem Wattenberg Nays: None Pass: Arthur, Floros Motion carried. APPROVAL OF BII.l,q APPROVE BIIf,q Trustee Floros, seconded by Trustee Van Geem moved to approve the following list of bills: General Fund $152,772.74 Revenue Sharing Fund · 3,734.37 Motor Fuel Tax Fund 7,572.38 Conmunity Development Block Grant 3,860.89 Illinois Municipal Retirement Fund 14,382.98 Waterworks & Sewerage Fund: Operations & Maintenance 106,004.32 Depreciation, Improvement, Extension 789.47 Parking System Revenue F~nd 401.51 Risk Management Fund .. 24,649.10 Capital Improvement, Repair or Replacement Fund 30,183.44 Contractors Surety & Sidewalk ..... 100.00 Trust Fund 100.00 $343,951.20 Upon roll Call: Ayes: Arthur, Farley, Floros, M~rauskis, Van Geem, Wattenberg Nays: None Motion carried. PROCLAMATION CO~IVrJNICATIONS AND PETITI~ -~ITiZE~S TO BE HEARD HSIAO CHI-KIlt A Proclamation and a boquet of flowers was presented to HSIAO CHI- KUN who is from the[People's Republic oz-CT~-na. Mr. HSiAO CHI-KUN one of twelve high school level teachsrs of the ·English language selected to participate in a teachers exchange program between the People's Republic of China and the United States. MAYOR'S REPOR~ MAYOR'S REPOP~ DUI REVIEW . Judg~ Nicholas Zagone, of the Third District Ceu~t, ruled that the Mount Prospect's DUI Ordinance was invalid. Basically, the Judg~ has said that Mount Prospect's Ordinance is deficient because it does not.have a Class A Misdemeanor Penalty of a jail sentence. He further states that Home Rule Authority does not, in'~his opinion, extend to our providing a penalty different from the State Statute. The Village Board decided not to appeal the controversial ruling rendered invalidating the Village's strict dzunk driving Ordinance. Instead The Board of Trustees agreed upon the advice -of our attorneys to rewrite the~ local law and include a provision that allows a judge to inpose a one-year jail term upon conviction. The Village did not accidently exclude jail from its local Ordinance. Trustees stated they realize judges don't hand d°wn jail sentences to drunk drivers so their Ordinance increased the maxin~m fine allowed to $2500. The state msxirm~m is only $1000. A revised Ordinance will be presented March 20th for a first' reading. APPOINTMENTS APPOINTMENTS None '/~NOUNCEMENTS ANNOUNCEMENTS None OLD BUSINESS ZBA 4-Z-84 ZBA 4-Z-84, 5-SU-84, 6rV-84, 2000 Elmhurst Road ZBA 5-SU-84 An Ordinance was presented for second reading that would grant i ZBA 6-V-84 a B-4 zoning, from B-3, to permit a planned unit development for 2000 S. use as an automotive care facility. ELMHURST RD. Trustee Farley, seconded by Trustee Floros, moved for passage of Ordinance No. 3400 pRD. NO. 3400 AN ORDINANCE ZONING THE PROPERPY COMMONLY KNOWN AS · ELMHURST ROAD PLAZA IN THE VILLAGE OF MOUNT PROSPECT Upon roll calt: Ayes: Arthur, Farley, Floros, : Murauskis, Van Gee~, Wattenberg Nays: None Motion carried. An Ordinance was presented for second reading that grants a special use in the nature of a planned unit development to provide for 5 buildings on a lot of record, as well as granting specified variations for parking, reduced rear yard, and disignated truck loading areas. .,',~arch 6 "~84 Page Two Trustee Arthur, seconded by Trustee Farley, moved for passage of Ordinance No. 3401 AN ORDINANCE APPROVING AND AUTHORIZING A PLANNED UNIT ORD.NO. 3401 DEVELOPMENT OF CERTAIN PROPERI~f KNOWN AS THE EI2~n~JRST t~OAD PLAZA WITH A SPECIAL USE OF SUf/q DEVELOPMENT FOR AU1XDMOTIVE RELATED USES ONLY AND WITH CERTAIN VARLATIONS FROM THE t~EGULATION OF THE ZONING ORDINANCE OF THE VTT,T~GE OF ~DUN~f P~OSPEC~ Upon roll call: Ayes: Arthur, Farley, Floros, M~auskis, V~ Geem, Wattenberg Nays: None Motion carried. ZBA 3-V-84, 1590 S. BUSSE ~OAD ZBA 3-V-84 This case deals with a request to cons~ct a fast food restaurant at the nortt~est comer of Busse ~d Algonquin Roads md to allow ROAQ certain variation. The petitioner, Leo Straton, requested a change frc~ the existing zoning ordinance that ~uld allow for three less parking spaces th~ is required by law. An Ordin~ce ms presented for first reading that would grant reduced front and rear y~d size, reduced off-street loading ar~, and 28 parking spaces instead of the required 31. Trustee Arthur, seconded by Trustee Wattenberg ~ved to waive the ~le requiring two readings of an Ordin~ce Upon roll call: Ayes: Arthur, Farley, Floros, M~auskis, Wattenberg Nays: Van Geem Motion carried. Trustee Arthur, seconded by Trustee Murauskis, moved for passage of Ordinance No. 3402 AN ORDINANCE GRANTING CERTAIN VARIATIONS FOR PROPE}~Y ORD.NO. 340~ LOCATED A~ 1590 S. BUSSE ROAD IN THE VILLAGE OF P~OSPECT Upon roll call: Ayes: Arthur, Farley, Floros, · Murauskis, Van Ge~, Wattenberg Nays: None Motion carried. Mayor C~olyn Kra~e called a recess at 9: 20 P .M. and reconvened RECESS at 9:30 P.M. Present upon roll ~11: Mayor C~olyn Krause Trustee Ralph Arthur Trustee Gerald Farley TrUStee Leo Floros Trustee No~ M~auskis Trustee George Van Geem T~stee Theodore Wattenberg The following ordin~ces were presented for second reading that would make solicitors operating within the Village follow sc~e nM guidelines. Trustee Farley, seconded by Tzustee Wattenberg ~ved for passage of Ordinance No. 3403 AN ORDINANCE AMENDING ARTICLE XXVIII ENTITLED "VENDORS, ORD.NO. 3403 SOLICITOPS, TOBACCO DEALERS AND OTHERS ENC~AGED IN RETAIL SALES AND SERVICES" OF CHAPTER 11 OF THE VILLAGE CODE Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis Nays: Van Geem, Wattenberg Motion carried. Page Three ~mrch 6, 1984 Village ~L%nager, Terrance Burghard stated that each Village household will receive two stickers stating "No Solicitors Invited" and "Only Solicitors Registered with the Mount Prospect Police Department Invited. The stickers are expected to accompany a packet outlining residents rights regarding Solicitors. Trustee Arthur, seconded by Trustee Mur~skis mOVed for passage of Ordinance No. 3404 ORD.NO. 3404 AN ORDINANCE AMENDING ARTICLE III ENTITLED "TRESPASS" OF CHAPTER 23 ~ THE VILLAGE CODE Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis Nays: Van Geem, Wattenberg Motion carried. Trustee Farley, seconded by TrUstee Murasukis moved for passage of Ordinance No. 3405 ORD. NO. 3405 AN ORDINANCE AMENqDING ARTICLE IV ENTITLED "OFFENSES" AGAINST PROPER~Y" OF CHAPTER 23'0F THE' .VI,,LLAGE CODE Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, - Van Geem, Wattenberg Nays: None Motion carried. AMEND CH. 13 An Ordinance was presented for second reading that would amend Chapter 13, placing certain requirements on establish- nents holding liquor licenses relative to the conduct allowed. Trustee Murauskis, seconded by Trustee Farley, moved for passage of Ordinance No. 3406 ORD.NO. 3406 AN ORDINANCE AMENDING CHAPTER 13 OF TH~ VII.I,AGE CODE Upon roll call: Ayes: Arthur[ Farley, Floros, Murauskis Nays: Van Geem, Wattenberg Motion carried. Tom Marchesi, manager of Ye Olde Inn, 18 W. Busse Avenue said the ne~ Mount Prospect law that holds bar owners responsLble for fights at their businesses would cause confusion because fights can occur before a customer has had a drink. VILLAGE ~ANAGER'S REPOR~ DOWNTC~N It was the concensus of the Board to change the parking ~hoUrs PARKING in tw~ small areas of do--town Mount Prospect from two to HOURS four hours. The new areas for four-hour parking are eight spaces on the east side of Emerson Street from Prospect Avenue south snd eight spaces on the north side fo Evergreen Avenue from Main to Wille streets. An Ordinance will be presented .~.~mrch 20th, 1984 for first reading. BID WAIVER REQUEST FOR BID WkIVER. On January 16, 1984, one of Public Works pool fleet vehicles caught on fire and subsequently has been declared a total loss. Recognizing that settlement of any kind with Ford Motor Co, is not ~Tminent, Gallagher and Bassett has approved releasing funds to the Village on the value of the car so we may replace this vehicle as soon as possible. The normal bid process for a yeplacement unit takes 4-6 weeks on the average. To exped~dite the replacement, the Village ?~nnager requested that the bidding process be waived and Public Works be allowed to order a new Knit from a local dealership. .,~'~3cn 6, 1984 Page Four Vefoal quotes ..:are solicited fr~m 4 Chevrolet dealerships on a- compac~c Chevrolet Cavalier wagon with all the same equipment. None of the cars cf.~oted were painted our standard yellow and all quotes included trading in the fire damaged Ford wagon. Quotes as follows: Purchase Cost Hoskin Chevrolet 7103.04 Lattof Chevrolet 7656.00 River Chevrolet 7872.46 Colonial Chevrolet 8043.00 Trustee Arthur, seconded by Trustee Wattenberg moved to waive the bidding prOcess and accept the .low bid Submi{ted by Hoskin's Chevrolet for a compact Chevrolet Cavalier wagon in an amount not to exceed $7103.04 Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Watter~Serg Nays: None Village Manager, Terz'ance Burghard stated that the. Police Dept. ArEW STAFF needs to replace one of its squad cars as quickly as possible. CAR It has been down one vehicle since a squad car was demolished in an accident. The squad car was described as "totaled" by ~olice officials, who said there was no question of repairing it. Instead of buying a new police car, at an estimated cost of at least $10,000 and a delivery time of 90 days, ~the~Vil.lage Mahager would' be getting a new 1984 Chevrolet Celibrity t6 ~eplace his current 1981 Ford Fairmont. Mr. Burghard said his new car will cost $9,316, less than the $9,500 limit set by the Village Board. Mr. Burghard in turn, will pass down his 1981 car to the Police Chief, who then will give up his personal car to one of his deputies or police comm~ders. The deputy or police conmmnder will turn over his regular marked squad car to the patrol division to replace the car that was demolished. Trustee Arthur, seconded by Trustee Wattenberg moved to authorize purchase of a new car for the Village Manager in an amount not to exceed $9,500,. so that the Manager can pass along his car to the police department, which has been down one car. Upon rolt call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. NE~ BUSINESS. NEW BUSINESS ZBA 2-A-84,Text Amendment This case proposed the establishment of a new zoning district, OFFICE/RESEAR~ O-R (Office Research), as well as creating the standards for such a district. The Zoning Board of Appeals recommended 5-1 to approve this request. Trustee Wattenberg, seconded by Trustee Farley moved to concur with the recc~n~ndation of the Zoning Board of Appeals and grah~ the proposed establis~t of a new zoning district, (Office/Research) as well as creating the standards for such a district. Upon roll call: Ayes: Arthur, Farley, Floros, ~.~ Murauskis, Van Gee_m, Wattenberg Nays: None Motion carried. An ordinance will be presented at the next Board:meeting for first reading. Bill Alter, developer,' spoke ~n favor o2 c.reating this new zoning district. Page Five ~rch 6, !984 NAWAJA An Ordinance was presented for first reading that would designate Herb Weeks, Director of Public Works, as the Village's representative to the Northwest Suburban Municipal Joint Action Water Agency. Trustee Van Geem, seconded by Trustee Floros, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Muzauskis, Van Geem Nays: None Motion carried. Trustee Van Geem, seconded by Trustee Murauskis, moved for passage of Ordinance No. 3407 ORD.NO. 3407 AN ORDINANCE AMENDING ORDINANCE NO. 3323 DESIGNATING REPt~SENTATIVES TO THE NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY FOR THE. VILLAGE OF MOUNT PROSPEC~ Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Gee_m, Wattenberg Nays: None Motion carried. AMEND CH.18 An Ordinance was presented for first reading that establishes (TRAFFIC "No Parking" regulations in areas specificall!~ designated as CODE) "Taxi Stand" for vehicles other than taxi cabs and prohibits parking in the Maple Street Lot between 1 AM and 5 Trustee Farley, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Farley, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 3408 ORD.NO.34.Q~8 AN ORDINANCE AMENDING ARTICLE XIII OF CHAPTER 18 (TRAFFIC CODE) OF 5lqE VILLAGE CODE Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. STOP ON An 'Ordinance was presented for first reading that authorizes .HUN~ CLUB a STOP sign at Hunt Club Drive for east and westbound traffic DRIVE on Huntington Conmons Road, making the intersection a 3-w~y STOP o Trustee Mttrauskis, seconded by Trustee Floros, moved to waive the rule requiring two readings of sm Ordinance Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Murauskis, seconded by Trustee Van Gee_m, moved for passage of Ordinance NO. 3409 _ORD.NO. 3409 A_N ORDINANCE AYIENDING CHAPTER 18 (TP~AFFIC CODE) OF THE VILLAGE CODE Upon roll call: Ayes: Arthur, Farley, Floros, ~qurauskis, Van Geem, Wattenberg Nays: None ~ot J. on carried. · ~ L L_ The Mayor stated that 'the ~ecc~nendatioh from the Safety Conmission .SAFETY prohibiting southbound traffic .on ElmhUrst Avenue betwe~en Lincoln CC~vciSSiON and Yiilburn during the hours students at St. Raymonds arrive and depart from school will be disCUssed at the next Board 'meeting held on March 20th. ADJOURNMENT ' ADJOURN Trustee Murauskis, seconded by Trustee Arthur, moved to adjourn the meeting. Upon roll call: Ayes: Unanimous Nays: None ~otion carried. The meeting was adjourned at 11:00 P.M. C~rol A. Fields Village Clerk Page Seven March 6, 1984