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HomeMy WebLinkAbout08/17/1965 VB minutes 213 MINUTES OF MEETING OF BOARD OF TRUSTEES HELD AUGUST 17, 1965 President Congreve called the meetinE to order at 8:10 P.M. Me~lbers present: Colfer Grittani Ek~en Roll call Bergen Teichert Absent: Bruhl Trustee Bergen gave the invocation. c'.% Truslee Colfer, seconded by Trustee Grittani, moved iD for appreval of the minutes of August 3rd as submitted. ~ Minutes ~ Upon ~oll call: Ayes: Colfe~ Grittani Ek~en Bergen Teichert = Absent: B~uhl Motion ea~ried. Tmustee Grittani, seconded by Tmustee Ekren, moved for the approval of the following bills: ~ General $ 60,529.13 Pa~kinE System Rev. 1,278.58 Bills Library BidE. Bond ~ Int. 1961 3,052.50 Fire S~a. Constr. 196~ ~12,371.70 Wa~e~womks & Sewerage 25,758.12 $107,g71.~2 Upon ~oll call: Ayes: Colfe~ Grittani Ekren Bergen Teichert Absent: Bruhl Motion caz~ried~ President Congreve read letter frem the Kiwanis Club asking to hold a peanut sale on Kids Day, Sept...2~th. Trustee Peanut sale 9/24/65 Bergen, seconded by Trustee Teiche~, moved to.allow this Kiwanis Club charitable effort by the Kiwanis Club. Upon roll call: Ayes: Colfer Grittani Ekren Bergen Teicher~ Absent: Bruhl Motion carried. Letter f~omRobert L. Stewart, inquiring about clu~ter handbills of handbills was refer~ed to Finance Di~ecto~ ~ing. August 17, 1965 214, P~esidenT Congreve read letter from Prospect Heights Improvement Association as follows: AubusT 5, 1965 Dear Mr. Congreve: I am writing each of The members of the Board of Trustees of The Village of Mt. Prospect in my'capacity as P~esident of the Prospect Heights Improvement Association. On July 1, 1985 I wrote Mr. Congreve, explaining that the PHIA Board of Managers had authorized me To arrange for a meeting of ou~ Board with The Mt. Pro~ecT Board of Trustees To discuss The possibilities of annexation of The unincorporated area known as P~ospecT Heights To The Village of Mt. P~ospecT. Rather Than repeat my letter of July 1st, I am enclosing a copy for your review. I have not received a reply to my letter and I reported This To The PHIA Board at our last meeting July 28th. We would like an Prospect Heights expression from the MT. Prospect Board as To whether or not it would be interested in discussing the subject of annexation. Our Board, naturally, is very anxious for a reply so That we can Take appropriate action and repol~t accordingly To our member- ship. We have spent a considerable amount of time in The last Two yea~s on This subject and we owe it To our community To p~oceed one way or The other without further delay. We do not, however, wish To pmoceed without some expression f~om you and that is the reason for this follow-up letter. We would appreciate a reply either by letter or Telephone as soon as possible. Sincerely, /s/W. M. Valiant, President Prospect HTs. Improvement Ass'n. 416 HillcresT Drive Prospect Heights Trustee Teichert, seconded by Trustee Colfer, moved That The Board do not at This Time meet with The homeowners of Prospect Heights To discuss annexation. Upon roll call: Ayes: Bergen Colfe~ Grittani Teichel~t Nays: Ekren Absent: Bruhl Motion ca~ied. Trustee Colfer, seconded by Trustee Bergen, moved,for The passage of Ord. 1076: Ord. 1076 Chapt 2 Bldg. Code AMENDING CHAP. 2 of BUILDING CODE BY INSERTING A NEW Amend SEC. 4 Upon roll call: Ayes: Bergen Colfer Grittani -- Teichert Ekren Absent: Bruhl Motion carried. August 17, 1965 215 Trustee Colfer, seconded by Trustee Bergen, moved to publish above amendment in local newspaper, publication Upon roll call: Ayes: Bergen Colfer Grittani Teichert Ekren Absent: Bruhl Motion carried. T~ustee Bergen gave first reading of ordinance an- nexing territory belonging to Linneman, located south of Golf Linneman annex Road. Trustee Bergen read Judiciary Committee report re Zoning Case 63-30: 63-30 Loy White: Property located on Page 17N of Dec. 31, 1964 Loy White Zoning Map The Committee.unanimously recommends (3-0) that this matter be referred to the Planning Commission and removed from the Referral items pending before the Judiciary Committee. Plan Comm. Tec-Search has prepared several overlays showing suggested uses of this land. It is suggested that after review of the Tec- Search overlays by the Planning Com~mission that they give their recom- Use of land mendation to :theBoard of Trustees. This matter is no, removed from the Judiciary Committee and referred to therBlanning Commission. Trustee Bergen read Judiciary Committee report re Solicitors Registration: Recommendation 3-0 that this item be removed from iteme pending before the Committee as Chap. 15, Art. 18 of the Municipal Code Solicitors adequatelycovers the subject matter. Registration Thismatter is now removed from the Judiciary Committee. Trustee Bergen read Judiciary Committee report re Citizens Utility. Rate Case: Citizens Utilit Recommendation 3-0 not to continue as this question was resolved Rate on Jan. 19, 1965 by the Village Board at which time the decision was to continue the litigation. The foregoing matter is now removed from the Judiciary Committee. .Trustee Bergen read report re County Zoning Cases 421, 422, 423: County Zoning On Dec. 730~ t965Daniel~-P.-Ward wrote theVillage asking whether or, not the Vitlage desired to'aid 'the County in defense of said zoning cases. The reques~ was refer~ed to the Committee on Jan. 7, 1964. Zoning cases involve property at the NE corner of Dempster St. and Church Road (Linneman Road). Request is to Linneman Rd. change zoning'from single family zoning to allow'construction of a restaurant-bar,and numerous efficiency'apartments as provided under the B-4 and R-6 County zoning requirements. Augus~ 17, 1965 2t6 The Committee mecommends (3-0) that the subject matter be me- moved fmom the Judiciamy Committee and,refemmed to the Village .Attorney for a Status, Repomt. of~these cases. The above mattemis now memoved f~om the Judiciary Committee and theattorney directed to prepare a status mepor~. Trustee Bemgen ~ead '~epo~t me Semafine sale of Serafine townhousetownhouse units: units Albemt St. The Building Supemintendent w~ote a memorandum on Dec. 31, 196q calling to the attention of the Village Board of Trustees that individual units of the townhouses, located on Albemt St. nomth of C entmal, Road (P. 9N of 12-31-6q Zoning Map), were being sold and questioned the legality of the tTansactions. It is recommended that this item be refermed to the Village Attorney fo~ his opinion and be removed as an item pending be- fore the Judiciary Committee. The foregoing item was ~efem~ed to the Village Attorney fo~ opinion and removed from the Judiciary Committee. T~ustee,Bemgen mead report me Mm, Wa~d's letter about Letter from suits on County Zoning Case 6~-L-29981 and 6~-L-29983. Daniel P. Ward re County Zoning On January 13, 1965 Mr. Daniel P. Wamd wrote to the Village asking whethem om'not the Village desired, to pumsue its objections at the tmial of said mattem and if so that the Village advise him by lettem of its intention. The petitlone~, Theo. Wille, was-seeking by way of Declamatory Judgement action judicial appmoval to erect a multi-tenant office office bldg. building on a 2.q8 acl~e tmact of land on the east side of Eln~hurst East side Elmhurst Rd. approximately 2~5 feet south of Algonquin Rd. and a multi- & Algonquin family dwelling development containing 2q3 apartments on a 15.96 acme tmact of land located on the south side of Algonquin Rd., approximately 250 feet east of Elmhumst Road. The Committee recommends that the subject mattem be removed fmom the Judiciary Committee and refemred to the Village Attomney fom a status Pepomt. Status report The Village Attorney was dimected to prepare a status mepoz~t; this item drepped from the Judiciary Committee. Tmustee Bemgen read report me possible rezoning of Rezone 21.368 ac. 21.368 acres north of Golf Rd. f~om-R~l to R-X, shown on P, 28-S Golf Rd. R-X of 12-31-6q Zoning Map. The pmopemty involved was ~ecently involuntarily annexed by the Village on May 25, 1955,-Omd; 1052. R-X zoning requires a mini- mum area pem dwelling unit of 17,500 sq. ft, Ail of the lots in the subject amea qualify under this mequirement. Theme are some vacant lots in this amea and as pmotection 'rom the chamactem of the area fop existing mesidents R-X zoning is desimable. The Committee mecommends that the Village Attomney be directed to pmepa~e an omdinance rezoning the 21,368 acmes fmom R-1 to R-X. Ref. ~o ZBA Trustee Bergen, seconded by Tmustee TeichePt, moved that the foregoing mattem be published and set fom zoning hea~ing rom the Septembem zoning boamd agenda. Augusz 17, 1965 217 Upon roll call: Ayes: Bergen Colfer Ek~en Grittani Teiche~t Absent: Bruhl Motion caz~ied. Trustee Bergen, seconded by Trustee Teichert, moved that the Village Attorney be directed to p~epa~e an ordinance Police deleting Az~t. IV (Police Magistrate) Chap. 8 from the Municipal Magistrate Code; due to the new court system, the Village no longer has its own Police Magistrate. This motion ca~ied by acclamation. Trustee Bergen, seconded by Truste~ Grittani, moved ~ that the practice of ~eading full legal descriptions of property de~ete legals C~ no longer be requi~ed in the reading of ordinances. Thismotion in readlnE 6f ~T carried by acclamation, ordinances Trustee Bergen, seconded byTrustee Teiche~, moved that the Village Attorney be directed to prepare an oz~inance deleting the following paragraph f~-om Sec. 33.1, Chap. III of the Building.Code; "The provisions of this Section shallnot apply to builders who are subdividers and De~etion Sec. who have satisfied the provisions of the 33.1 Chap III subdivision control ordinance relating to Bldg. Code public improvements". With this deletion the Village can clean up streets littered by builder~ and deduct the cost of the clean-up from the $200 street c%eanup deposit Tequi~ed 1~ S. ect on 33..1; This motion .ca~ied by acclamation. Trustee Bergen-read .Committee ~eport re storm sewer Colonial Hts. agreement .with~Colon~a~ Heights: storm sewer "The Committee ~ecommends that the Village does not enter into the Contract submitted to theVitlage by Colonial Heights, Inc. for the following ~easons: 1. The Contract provides that Colonial Heights, Inc. z~tains ownership of the stoz~n' sewer. Village ordinances ~equire thee facilities be turned over to the Village upon their comple- tion and acceptance. '' 2~ The Contract ~also provides that the Village grants an easement for .the construction of the sewer. The Village does not own land in this a~ea andthe~efore the easement provision is moot. 3. The Contract 'calls for submission of plans and specifications after execution of the contract. ~. The Contract provides that the Village will maintain, repair and operate the sewer after completion and approval. See Objection 1 where Colonial Hefghts, Inc. ~etains owne~shlp. August 17~ 1965 5. The Contract in a sense would put the Village in Colonial Hts. the position of enforcing the payment of connection fees to sewer contd. Colonial Heights, Inc. T~ustee Be~ge~ecor~de~by T~ustee Teiche~t, moved that the Village not entem into contmact submitted To the Village by Colonial Heights. ' Upon moil call: Ayes: Bemgen Colfem Grittani T~her~ Nays: Ek~en Absent: Bruhl Motion cammied. Trustee Bergen ~ead Judiciar~ Committee ~epo~t ~e Zoning Case 65-15: Case 65-15 Peri%ion of Jemo IndustPies rom p~opemty zoned B-3 fmonting Jemo IndustPies 210 feet onKensing~on and 294.0~,'feeton~Rand Road for: Special use permit ~o constPuct swimming pool. 2.VaPiation To construct 43-1/2 foot. sign. 3.Vamiation to eonstPuct 4-story ~otel To a height of 35 feeT. The Zoning Board voted 4-1 to g~an~ a special use permit for the swimming po~l. The mequest fom the sign vaPiation is a building department mattem ~and-the petitioned wa~ so 'a~vised. ~-:~ The Zoning Boamd voted 5-0 to deny the ll-ft, height variation. Since the Zoning hearing, e. he peti~ionem~has r~vised his plans fo~ the motel and is now seeking a 3-ft. 5 inch height variation. Due to this variation being less than 25% the Zoning Boamd of Appeals will be the detemmining body and have ~ag~eed .to hea~ the petitioneP's ~equest on Fmlday, August 13, 1965. (Case 65-22). .The Committee is~making no mecorm~endation on the special use vamiation, pending the results of the August 13thhearing. The Village Board took no a~tion on the above zoning case 65-15 pendi'ng.fuDthe~ action on height variation mequested in Case 65-22, Tmustee Bergen took up Zoning Case 65-13 heard June 13, petitione~ Village of Mount P~ospect, which was ~eview and ~ecom- Case 65-13 Mt. .mendation on the comprehensive text and map amendment of the Prospec~ text g 12-31-64 ZoningD~dinance. The Judicla~y Committee voted~3-0 to map amend concum withthe Zpning Board Pecommendation to adopt the text and map subject ~o clarification of 9 differences between the and the 12-31-63 text and map. The Village Engineer by memo dated July 8, 1965, satisfactorily explained 7 of the differences. The Committee ~ecommends approval of the 12-3f-64 Zoning Omdinance a~d mapwith~.~cor~ection on Page"9~S showing Lot 30 on School St. as R-2 zoning instead ~of:B-3.a~d fu~he~, that ~he Village Attorney be instructed to'prepare an omdinance ~etnstat~ng swimming pools as aspecial use unde~ Section 15. August 17, 1965 219 Trustee Bergen, seconded by Trustee Te£chert, moved that the Village Attorney be directed to prepare ordinance Swim pools as spec. allowing swimming pools as a special use. use Upon roll call: Ayes: Bergen Colfer Ekren Grittani Teichert Absent: Bruhl Motion carried. The Board decided to take up approval of 12-31-65 Zoning 0~dinanoe and map at a later date after amending swimming Amend swim pool ord pool o~dinance has been passed. Trustee Bergen read Judiciary Committee report re Zoning Case 65-18 heard July 30, petitioner, Mount Case 65-18 Rezone Prospect State Bank. The petitioner request rezoning of property at 101 S Emerson and 7-9 South Emerson from Rol 101 S. Emerson & 7-9 to P-1 paved off-street parking. The Zoning Board of Ap- S. Emerson for off- peals voted 4-0 to grant rezoning of the parcel at 101 S. street parking Emerson but voted 3-1 to deny rezoning at 7-9 South Emerson Street. Committee recommendation: The petitioner submitted the rezoning requests as one subject matter and though the Zoning Board treated them as separate items, the Judiciary Committee ~reated them as one. ,,It ls the recommendation of the Committee, by a majority vote of 2-1, to grant the quested ~ezoning from R-1 to P-1 at both 101 S. Emerson St. and 7-9 S. ~merson St. Trustee Teichert, seconded by T~ustee Colfer,,moved to con- cum with the recommendation of the Judiciary Committee to grant requested zoning on both lots from R-1 to P-1. Upon roll call: Ayes: Colfer Ekren Teichert Congreve Nays: Bergen Grittani Absent: Bruhl Motion carried. T~ustee Teichert-explained that he hesitates to vote against the recommendations of the Zoning Board but in this instance considers-that both lots must be considered together or not at all, and that the properties are tied into land acquisi~ tion by the Library. President. Congreve.~ead. letter, of-August 16th from the ~o~tnt Prospect Chamber of Commerce, signed by President Geo. R.. Busse, recommending that--the-fellowing slogan be ap- proved by the Board of Trustees, to be used. on-welcome signs, Slogan stationery'and vehicle stickers: "Whsre Friendliness is a Way of Life". T~ustee Teichert, seconded by Trustee Colfer, moved to adopt the foregoing slogan' for the Village,.. Upon roll call: Ayes: Colfer Bez~en Ekren · - - Grittani Teichert Absent: Bruhl Mo~ion carried. Au~us~ 17, 1965 Trustee Ekren, seconded by Trustee Teichert, moved Proposed well sites that the Vil~ge 8card have proposed Villagewell sites praised, appraisals to be secured by Acting Village Manager, not to cost more than $500. Upon_roll call: Ayes: Bergen Colfer Ekren --~ GritTani Teichert Absent: Bruhl Motion ca, tied. P~esident Con~eve appointed Trustee Colfer to replace T~ustee Ekren as Chairman of the Public Works Com- Appointments mittee. Tnustees Ekren and Teichert were appointed as othe~ members of the Committee. Water storage Report of Superintendent of Public Works on water storage referred to Public Works Committee. Referred to Public Womks Committee: O~dinance Amend Sec. 23.309 amending Sec. 23.309 by deletion of That section and insertion of new ordinance. Letter was received by Village Clerk Monroe A~to~ney Marlin Smith advising him that agreement letter fl~om Kellen Case 65-6 Mr. and Mrs. Jacob Kellen in Zoning Case 65-6 had been recorded wi~h County as Doc. #195~0285. Plan Commission Re~ort: The Plan Commission approves Brown's Subdivision #1 and ~ecommends That the Village Board approve Brown's Subd. this subdivision. Brown's Subdivision is in Prospect Heights~ it has been approved~by the County Board and now ~e- quires ~he approval of Mount Prospect, Heights and Wheeling. This subdivision complies with The r~quirements of The Coun=y of Cook. B. H. R. Hemmeter Sec'y Plan Commission August 17, 19~5 Trustee Teiohe~t, seconded by T~ustee GriTtani, moved for approval of plat of Brown's Subdivision #1, previously ap- proved by the Plan Commission,-outside ¥illage limits, and that the President and Clerk be authorized to sign and seal this plat. This motion carried by acclamation. Refe~ed to Judiciary Committee: Zoning C~ses 65-16 and 65-17. -- Trustee Bergen, seconded by Tmustee Teiche~t~ moved County Zoning to file objection to light industrial but no~ to Eeneral busi- Doc. 90~-5-6 ness asked for in County Zonln~ Dockets 90~, 905 and 906. Upon roll call: Ayes: Bergen Colfer Grittani Ekren Teichert Absent: Bruhl Motion carried. August 17, 1965 2'21 Refez~ed to Judiciary Committee: Letter from attorney representing Chamles L..Bartmann in regard to pay- Bartmann license ment of license fees for amusement operated by him on Foundz, y and Rand Roads. fees T~ustees Teiche~t and Colfe~ complimented ActinE Village Manager Ben Hemmeter on the excellent job in preparation Commend atioE of this week's agenda with all of the background data. Adjournment by acclamation at 9:38 P.M. Respectfully submitted, Richard H. Monroe, Clerk AUGUST 17, 1985