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HomeMy WebLinkAbout09/17/1963 VB minutes MINUTES OF MEETING OF BOARD OF TRUSTEES HELD ON TUESDAY, SEPTEMBER 17, 1963 ~ The president called the meeting To order at 7:42 P.M. with the following members present: roll call Bruhl Bickley Bergen Ekren Phillips Casterllne Trustee Ekren, seconded by Trustee Casterline, moved for approval of the minutes of September 10th as corrected. minutes Upon roll call: Ayes: Bruhl Bickley Bergen Ekren Phillips Casterline Motion carried. Trustee Bruhl, seconded by T~ustee Casterline, moved for approval of the following bills: bills General $ a,919.92 Libray 1,648.21 Motor Fuel Tax 912.40 Waterworks & Sewerage 2,972.26 810,452.79 Upon roll call: Ayes: Bruhl Bickley Bergen Ekren Phillips Casterline Motion carried. Trustee Ekren, seconded by Trustee Bruhl, moved for pas- sage of Ord. 931 as follows: Ord. 931 Annexation AN ORE[NANCE ANNEXING CERTAIN PROPERTIES TO THE Brickman area VILLAGE OF MOUNT PROSPECT LYING NORTH OF RAND ROAD AND EAST OF ELMHURST ROAD, COOK COUNTY, ILLINOIS Upon roll call: Ayes: Bruhl Bickley Bergen Ekren Phillips Casterline President Schlaver Motion carried. (This is Riverhurst-Brickman area.) Trustee Ekren read the following letter from the Plan Commission rejecting plat of Green Acres Unit #8: Green Acres Sub President Schlaver and Board of T~ustees Gentlemen: The Plat of Green Acres Subdivision Unit #3 which was referred To the Plan Commission by the Village Board has been given due consideration. Rejection of this plat is recommended because of the ~ragments of unusable land along the west side thereof and therefore the following suggestions are made: Lots 118~ 114, 115, 116 and "I" be redivided to make lots having the required square footage; Lot "G" be considered as a usable lot; September 17, 1963 Other lettered lots be added to the adjoining lots~ Or that frontage be redistributed to the lots in the block; If lots 101 and 102 are to be reserved for the Park District, deeds for them should be placed in escrow. Sincerely yours, Mount Prospect Plan Commission A. C. Dresser, Chairman H. G. Appleby, Secretary Trustee Ekren~ seconded by Trustee Casterline, moved that the Village Board concur with the action of the Plan Commission and request that the above plat be returned to Green Acres Subdivision. Upon roll call: Ayes: Bickley Bergen Bruhl Ekren Casterline Phillips Motion carried. Police Trustee Bickley, seconded by Trustee Bruhl~ moved that the Fire & Police Commission be directed to draw an appropriate examination for selecting a man to attend the Nationa~ Academy of the FBI from the 'ten policementnominated, and that this examina- tion count 50% in the final selection by the Chief and two lieu- tenants. Upon roll call: Ayes: Bickley Bergen Bruhl Ekren Casterline Phillips Motion carried. Electric wiring Trustee Bickley reminded the Board of the group of in homes homes that had been defectively wired some time before; the elec- trical contractor, after arbitration had decided that this work must be done over, still had not done so nor signed a union re- lease. Mn. Di Mucci, the builder, offered to defray the expense of most Of the wiring if the Village would return $1000 of $1200 deposits for restoring public property; the other $200 to be split among the present owners for final work. Trustee Bickley, seconded by Trustee Phillips, moved that $1000 of deposits be returned to Mr. Di Muccl, $200 left with the Vil- lage; the manager is to inform the homeowners in the homes afore- said that the money is here to defray their expense; also that this.escrow~money~ is released.  ---~ Upon roll call: Ayes: Bickley Bergen Bruhl Ekren Casterllne Phillips Motion carried. Trustee Bickley reported that a month ago four members Boundaries of this Board had met with members of the Arlington Heights Board to explore the feasibility of a common western boundary; this was to define positive sphere of influence and permit intelligent land planning. Attorney Hofert stated that there was considerable precedent for this move, citing recent cases of near-by communities who had done so. Trustee Bruhl stated he thought this might en- croach upon the rights of the individual land owner; Trustee Ekren was not sure a gentlemen's agreement would always be strictly observed. September 17, 1963 rustee Bickley, seconded by Tnustee Casterline, moved to authorize Boundaries the Village Attorney of Mount Prospect To work in conjunction with the Village Attorney of Arlington Heights to prepare a joint reso- lution establishing a southwest boundary line between the Two Villages; the line to run in a general north-south direction as follows: From the center of Meier Road running southward from Central Road to its intersection with Lincoln Street, then again in a southerly direction on a line extended from the center line of Meier Road following the section line to a point of intersection with what is generally known as The Curtis Farm; thence east To the eastern boundary of said farm; thence south to the southern boun- dary of said farm, thence west again To the aforesaid section line, said line bein~ the eastern boundary of Forest View School; thence southerly again to the center line of Algonquin Road, thence south- east to the Village limits, then southerly To the Tollroad; FURTHER, that Arlington Heights be dissuaded from extending their water lines until owners of Lake Briarwood and Johnson properties make up their minds as to which sphere they wished to belong to. Upon roll call: Ayes: Bergen Bickley Casterline Phillips Nays: Bruhl Ekren Motion carried. President Schlaver gave a statement in approval of setting up Meier Road as the southwest boundary of the Village; also men~ioning that Mayor Behrel has indicated willingness to work out similar agreemen~ with Des Plaines. Trustee Ekren read reports from the Zoning Board of Appeals re Case 63-24, Hane Realty (Villa Sweden) and report and memo re Case 53-22, Haberkamp property, as follows: Zoning REPORT Case 63-24 Villa Sweden September 16, 1963 Re: Case 63-24, Hane Realty Heard September 13, 1953 This case involved three lots fronting on Rand Road south of Euclid Ave. (P. 19N) now zoned R-1 and requested for B-3. A resTauranT is planned. The Zoning Board of Appeals voted 6-0 To allow this B-3 zoning provided that the ordinance authorizing the B-3 zoning stipulates that a restaurant use only is permitted on these lots. There were no objectors. E. F. Martin, Chairman Zoning Board of Appeals MEMORANDUM September 16, 1963 Re:Case 63-24, Hane Realty Heard September 13, 1963 We have been informed by the Legal Department at the University of Illinois (at the conferences) that allowed use restrictions in zoning districts will not stand up in court unless the use is specifically mentioned in the allowing ordinance. The attorney for the petitioner stated that there were no objectors to the restaurant proposal because that was a condi- tion to obtain agreement to annexation. E. F. Martin, President Board of Appeals September 17, 1963 oning Case 63-22 REPORT Haberkamp property September 16, 1963 Re: Case 63-22, Haberkamp Property Contract Purchasers: John A. Minardi and Ronald M. Hansen Attorney: Robert J. Di Leonardi -- Heard September 13, 1963 This case involves the property at the northeast portion of Central Road and Elmhurst Avenue. Most of the property is now zoned B-3, a portion is now zoned R-1. It is proposed for an apartment development under the R-4 Resi- dential Planned District. The Zoning Board of Appeals voted 4-2 to deny the petition. Eugene F. Martin, Chairman MEMORANDUM Date: Sept. 16, 1963 Re: Case 63-24~ Haberkamp Property Presentation: 9:00 To Heard September 13, 1963 10:30 P.M. Cross-Examination: 10:30 P.M. to 1:00 A.M. At the opening of the hearing the requirements of the R-4 District were read into the record so that there would be no misunderstanding regarding the judgement of the merits of the presentation. For the Trustees' convenience in explaining the subsequent action we quote step by step: 1. "That the proposed use is appropriate with respect to the subject and surrounding property." This was interpreted by the Board members as compatabillty with neighboring uses. There is a mixture of business and residential uses in the surrounding area, so that the question of comparability is not easily answered. The property being considered has questionable value as business property according to a real estate expert used by the petitioner. Cross examination of This witness drew out the admis- sion that the property could be profitably used for any of the Mount Prospect Residential zoning districts. We found that the planning had certain deficiencies, and that these became apparent upon cross examination. Here is a 'for instance'. To meet the ordinance requirement for below-grade living accommodations it would be necessary to raise the existing grade and thereby inter= fete with the natural drainage of the area. The petitioner had no proposal or plan to prevent flooding so caused. Another point was uncovered in the cross examination - - the private streets~ or roadways, planned for the development would require occupants of the two large units to trespass the property of the third unit in securing access to Central Road. This, of course, could be solved by a recorded easement, but was not mentioned in the presen- tation. 2. "That the developer provide sufficient off-street parking (minimum of one parking space per unit)." We found that the developer met the parking space requirement. However, the cross examinations again uncovered disturbing points. The width of the planned streets appear to pose an acute traffic problem. The private streets are planned to serve a double put- September 17, 1963 ose; parking maneuvering and travel. One of the large apartment units has 49 parking spaces on 3 sides. These cars must maneuver out of their parking spaces and maintain the traffic flow, all in 20 feet. The architect of the project admitted that the private streets were too narrow for the volume of traffic to be generated by the project. The streets were used in the calculations to meet the land area par living uni~. This is allowed by our ordinance but it usually leads to extreme crowding. 3. "That the developer has submitted a tentative sub- division plat in accord with the plan of development". Numerous and exceptionally well-detailed exhibits were presented but the legal requirement of Item #3 was omitted from the presen- tation. The 70-foot-wide strips (Lots 1 to 9 inclusive) to the rear of the Pine Street frontage are ~mcluded in the proposal, being owned by the petitioner. These could well he included in the ad- joining B-3 zoned area to avoid possible, legal complications arising out of the inability to use the property as zoned. There were 148 objectors to the proposal, and they were repre- sented by 109 present at the hearing. Of these, 72 are legal objectors. It is notable that not a single citizen arose to de- fend the proposal. The Board members questioned the various objec- tors regarding acceptable alternatives, although we realize that this is not a question of compromise. The answers were unclear and were judged as confused, although one of the more able objectors con- tended that he was satisfied with the present zoning and that a change to a residential classification other than apartments would be acceptable. Our judgement may be summarized as follows: 1. The proposal's Comparability with the surrounding area is questionable. 2. The proposal is tightly planned, and~at the expense of comforable~ safe living accomoda- tions. 3. The proposal would alter the natural run-off and thereby aggravate the drainage problem. The Board of Appeals vote is 4 to deny the petition and 2 to allow. The two votes to allow based their approval on the comparability of the project. The same two voters agreed that the proposal is too tightly planned. Eugene F. Martin, Chairman Zoning Board of Appeals These zoning appeals and reports were referred to the Judiciary Committee. President Schlaver read two letters fromColonial Heights, Inc. Colonial Hts. dated September 17, 1963 appealing from the decision of the Building Committee refusing to approve applications for building permits on Lots 5, 6 and 18 in Colonial Heights Sixth Addition, known as 1721 and 1719 Lincoln Avenue and 410 Hatlen Avenue, and Lot 13 in 6th ,Addition known as 1705 Lincoln Avenue. T~ustee Bergen expressed the opinion that he would like to see more individuality in homes for the good of the Village; T~ustee Bickley suggested that perhaps the potential buyers could be persuaded to come in and talk to the Architectual Committee before committing themselves. This matter was referred to the BuiLding Committee and to Attorney Hofert. September 17, 1963 Trustee Ekren left the meeting at nine o'clock. Audit - WaTer Fund Trustee Bruhl, seconded by Trustee Bergen,~moved that Water Construction Fund portion of the last fiscal audit report be approved. This motion carried by acclamation. Trustee Bruhl, seconded by Trustee Phillips, moved to ~ accept the August, 1963 financial r~port subject to annual audit. This motion carried by acclamation. Finance Trustee Bruhl, seconded by Trustee Bickley,~ moved to instruct tke Village Attorney to draw up a resolution relative To the dollar amounts used in expenditure for publication; the policy is to equalize amounts spent between the Prospect Herald and The Independent. Upon roll call: Ayes: Bickley Bruhl Bergen Casterline Phillips Absent: Ekren Motion carried. Trustee Bruhl, seconded by Trustee Phillips, moved Iversen - trianglethat inasmuch as date had passed to accept offer from Earl Iversen of land to purchase triangle of land (Rte. 83 and Lincoln) for $2000, that this matter be dropped from Committee. This motian carried by acclamation. Trustee Bergen, seconded by Trustee Casterline, moved Ord. 932 that Ord. 932 be passed as follows: Building Code AN ORDINANCE AMENDING THE MT. PROSPECT BUILDING ~ CODE BY REPEALING SEC. 39.1 OF CHAP. VI OF BUILDING CODE Upon roll call: Ayes: Bickley Bergen Bruhl Phillips Casterline Absent: Ekren Motion carried. Trustee Bruhl left the room temporarily at 9:34. Water Rates Trustee Bergen, seconded by Trustee Casterline, moved Condominiums that the President and Clerk be authorized to sign agreement with the firm of Matthies & Daly, Inc., acting as Board of Managers of Prospect Gardens Condominium, wherein the Board of Managers agrees to deposit ten dollars per unit for water meter, to be responsible for the wa~er charges and sewer charges. Upon roll call; Ayes: Bickley Bergen Casterline Phillips Absent: Ekren Bruhl Motion carried. Trustee Phillips~ seconded by Trustee Bergen, moved for --~ Ord. 933 the passage of Ord. 933: Wa~er users AN ORDINANCE AMENDING SEC. 25.306 OF MUNICIPAL CODE OF VILLAGE OF MOUNT PROSPECT This defines water users (units of apartments, condominiums, etc.) and sets rates for users within and without Village limits. Upon roll call: Ayes: Bickley Bergen Casterline Phillips Absent: Ekren Bruhl Motion carried. September 17, 1963 Trustee Phillips asked Attorney Hofert to proceed with Well 8 securing easements from School District 59 to piece of property property - acquired with Well 8 from Cook County Water Company; the school easements district is not interested in acquiring this land, which abuts their property. Trustee Bruhl returned at 9:45 P.M. Trustee Casterline, seconded by Trustee Bickley, moved trees that the notice, specifications, proposal and agreement of tree trimming as revised for the current fiscal year be accepted. Upon roll call: Ayes: Bergen Bickley Casterline Phillips Nays: Bruhl Absent: Ekren Motion carried. These bids will be accepted on October 1st. Trustee Bickley, seconded by Trustee Casterline, moved Police for temporary waiver as of Sunday, September 22nd, of ordinance fonbidding use of sound trucks on Sunday; voters of Thirteenth Congressional District will be addressed outside and inside Prospect Hi~;School that afternoon. This motion carried by acclamation. Ordinances pertaining to solicitors were ~eferred for study and recommendation to the Judiciary Committee and Attorney Hofert. Trustee Bickley, seconded by Trustee Bruhl, moved to traffic hire a crossing guard to take care of the corner at Gregory and Rand Road at the new Gregory School. Upon roll call: Ayes: Bergen Bickley Bruhl Casterline Phillips Absent: Ekren Motion carried. Mn. Carl Palmer of 12 North Pine Street asked to be noti- Zoning Case fied when the Judiciary Committee will make their report to the 63-22 Board regarding Zoning Case 63-22, along with Alex M. Dressel of 18 North Pine and Frankting Friday of 7 North Pine. Tmustee Ekren returned to the Board meeting from meeting Annexations with Lou-Elm Homeowners regarding possible annexation of first Bluett Sub. Bluett Section west of Rand Road at 10:35 P.M. Trustee Ekren re- ported that Finance Director King, Chief Haberkamp and he addressed these citizens at Busse School. Informal vote was taken of those present who were in favor of annexation, with 80-10 in favor. Adjournment by acclamation at 10:40 P.M. Respectfully submitted, Ruth C. Wilson, Clerk September 17, 1963