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HomeMy WebLinkAbout08/06/1964 VB minutes MINUTES OF BOARD OF TRUSTEES MEETING HELD TH~RSDAYp AUGUST 6~, 196~. :~ P~esident Schlaver called the meeting to order at 8:15 P.M. announcing that this was a regularly called special roll call meeting of the Board, with the word of the Clerk that there was no ~uo~um as of the previous Tuesday, when the meeting would ordinarily have been held. Upon roll call: F~esent: Phillips Busse Ek~en Bergen Bruhl Casterline Absent: None Trustee Casterline, seconded by Trustee Ekren, moved for approval as submitted of the minutes of the previous meeting of July 21st. minutes Upon roll call: Ayes: Phillips Ekren Bergen Casterline Bruhl Pass: Busse Motion carried. T~ustee Bruhl, seconded by Trustee Casterline, moved for approval as submitted of the following bills: hills General $ 8,878o9~ Parkin~ System 2.00 Motor FuelTax 13,290.q0 Waterworks & Sewerage ~,8~6.~ Waterworks & Sewera&e Acquis. & Constr. 160,09 $27,177.87 Upon roll call: Ayes: Bergen Bruhl Busse Casterline Ek~en Phillips MoTion' carried. T~ustee Bruhl, seconded by T~ustee Casterline, moved Public Works to approve Payment Request~l to A. H. Vixen & Son, contractors BldE. for Public Works Building on Pine Street, in the amount of $23,~90.00. Upon roll call: Ayes: Bergen Bruhl Busse · Casterline Ekren Phillips Motion caz~ied. T~ustee Bruhl reported that the fiz~m of Greeley & Water from Hanson were obliged to exceed ~heim original estimate of costs ChicaEo for services in connec~ionlwith study and report on feasibility (see D.A.M.P.) of securing Chicago water in o~der to complete this job. T~ustes Bz~uh%, seconded by Trustee Phillips, moved that invoice of .Greeley & Hanson dated June 15, 195~ for $8,89~ be paid~ $6,500 to be paid f~om the Waterwprks & Sewerage Operation and Maintenance AccounT, with The balance of $2,19~ %o be paid f-mom Waterworks & Sewerage Acquisition & Construction Fund. AuEust 6, 196~ Upon roll call: Ayes: B~uhl Busse Casterline Ek'ren PhilliPs Nays: Bergen Motion carried. License fees Trustee Bruhl gave report from Finance Committee Bartmann regardinE appeal fr°m Charles Bar,mann, who is protesting business license fee for his m~nlature golf course of ~10 per day. This report is as follows: "Mr. Charles Bar,mann's request for a hearing on the subject of license fees for his miniature golf coumse was ~efez~eed to the Finance Committee. The Committee met with Mr. Ba~nann on July 2, 196~, at which time he presented The following: 1. That he had been aware of our o~dinances which specify a $10 daily l~cense fee for the business tha~ he elected to establish. (This was already established by his speci- fic references to Articles of the O~dinance in his letter requesting the hearing.) 2. That he was aware that a miniature golf course was not a permit%ed use in some of the other municipalities. 3. That some municipalities have lower fees for miniature golf courses. ~. That he felt that the~e was no justification fo~ a license fee over other commercial opem- ations such as dmy cleaners, stores, etc. ~. That he was r~questing %his Board to change The present ordinances to accommodate his miniature golf course. ,'The Committee feels that ou~ ordinances are sound and reflect the judgment of cum predecessors on the Board. Iris unanimous recommendation that ou~ presen~ ordinances be kept in- tact as presently w~itten and that no changes be made." Later, before ~he meeting adjourned, Charles Bar~nann a~ose and ve~bakly questioned the amusement fee of $10 per day, stating that this was inequitable and confiscatory. Mr. Shier of 701 N. Pine reminded the Board that Mr. Bartmann did not object to this when he was seeking to open his place of amusement. Mrs. Martha Kine of 718 N. Russell complained that the l~ghts shone in her bedroom windows at T~us~ee Bruhl explained That The Finance Committee had Water explored possible purchase of the water company opera~ing Bluett Bluett Sub. Subdivision's water supply~ meeting of Finance Committee with representatives of this companywiil b~ held August 2~th. T~ustee Bergen, seconded by T~ustee Bruhl, moved to fence grant Louis V. Kullman of 703 Fairview a variation to over 3-1/2 feet in height, and that the fence at present on the property be allowed to stand. Upon roll call: Ayes: Bruhl Busse Casterline Ekmen Phillips Bergen. Motion carried. August 6, 1964 Trustee Bergen, seconded by Trustee Casterline, moved togrant Cumtis Wenstrand of 1107 West Pendleton Place varia- fence tion to erect louvred fence of various heights ~8 feet long, portions of which will be ove~ height set by ordinance. Letters from neighbors giving permission are on file. Upon roll call: Ayes: Bruhl Busse Bergen Ekren Casterline Phillips Motion ca~ried. The Board ~equested Building Inspector Pecoraro to keep after the owners of Tally Ho Apartments to pump the water Tally Ho out of thei~ excavations regularlyas there has been considerable rain~ he promised to do so. ' ~ Trustee Phillips, seconded by T~ustee B~uhl, moved to Well 7 approve purchase of motor starter now in use at Well 7, credit to be gl en of one month's rental fee of $150 on purchase price of $980, total pumchase price to come to $830.00. Upon roll call: Ayes: Bruhl Busse Bergen Ek~en Casterline Phillips Motion ca~ried. Trustee Phillips, secondedby Trustee Ekren, moved to Watem Dept. approve installation of 16"water main running from Wellhalong Highland, up Rand Road and .eastward along ¥ound~y to Illinois Gas Co. property, at an estimated cost of $89,800, funds to be taken from Waterworks & SewemageAcquisltion & Construction Fund, of which approximately $25,000 would be .recoverable in hook-on fees. Upon ~oll call: Ayes: Bruhl Busse Bergen Ekren Casterline Phillips Motion carried. Trustee PhilliBs explained that Mack Cadillac along Easement - RandRoad near Shoppers World hadallowed easement through Water main their p~operty of 275 feet to lay an 8" water main, which will facilitate bringing of water to this area, and moved, seconded by T~ustee Bruhl, to hiro Rossetti Contracting Co. (lowest of 3 Bidders) to lay this main. Upon roll call: Ayes: Bergen Bruhl Busse Ekren Casterline Phillips Motion carried. Trustee Busse, seconded by Trustee Phillips, moved Ord. 990 for passage of Ord. 990: traffic AN ORDINANCE DESIGNATING THE NORTHWEST CORNER OF WILSHIRE DRIVE AND HIGHLAND AVE., THE SOUTHWEST CORNER OF GARWOOD LANE AND WILSHIRE DRIVE, AND THE SOUTHEAST CORNER OF WILSHIRE DRIVE AND GARWOOD .LANE AS STOP INTERSECTIONS, AMENDING SEC. 18.201 of MUNICIPAL CODE .Upon moll call: Ayes: Bergen Bz,ahl Busse Ek~en Casterline Phillips Mo~ion carried. August 6, 1964 olice Dept. Trustee Busse, seconded by Trustee Bergen, moved to squad cars authorize the Village Manager to request bids for squad cars to replace Cars 125 and 126 and for unmarked car ko be used for detective work($ cars in all) as granted under the bud- get. Upon roll call: Ayes: Bergen Bruhl Busse Ekren Casterline Phillips Motion carried. B~o~L Trustee Busse, seconded by Trustee ~ moved to Police & Fire authorize the Village Manager to notify the Police & Fire Com- Commission mission to hire two men now on the Police Depart~nent waiting list, and to hold new examinations for other men, with four men to be hired, as appropriated for in the budget. This mo- tion carried by acclamation. Trustee Bruhl, seconded by Trustee Casterline, moved bonds that Certificate of Correctness form in connection with Bond B-110~87 to James C. King be properly executed by President and Clerk and returned to the insurance company. This motion car- ried by acclamation. T~ustee Ekren read the following report from the Zoning Board re Zoning Case 6~-29, George P. Burgess, heard ZoninE Case July 31: 6~-29, Burgess This case was a request for rezoning of approximately 5 acres of prope~y at the southwest corner of P~ospect Avenue and Mt. Prospect Road to R-~ and B-3. The Board of Appeals voted 5-0 to deny both the requests for rezoning. There were a large number of objectors present, and attached herewith is a notarized document which is stated =o provide a "legal objection" in that it has signatures from all of the property owners abutting the west boundary of the sub- ject proper~y. E. F. Martin, Chairman P. T. Liggett, Acting Secretary This matter was referred to the Judiciary Committee. Trustee Ekren read the following report from the Zoning Case Zoning Board re Case 64-26, Arthur and Emily Raese, heard June lg: 64-26, Reese This is a request'for rezoning from R-1 to B-3 of the property located between Thayer, Louis and Rand, except for that parcel known as the Bulko Service Station. The Board of Appeals cast a 3~3 vote. There were several objectors present. By an opinion of our Village Attorney, members who were absent at the hearing may vote upon reading the transcript. The absent member did, and voted in favor of the rezoning. E. F. Martin, Chairman Richard H. Monroe, Acting Sec'y This ma%~er was referredto the Judiciary Committee. August 6, 1964 Trustee Ekren read The following report and memorandum from The Zoning Board re Case 6~-80, Anvan Corporation, heard Zoning Case July 15: 64-30 Anvan Corp This case '~as a request for rezoning contingent upon annexation from R-1 To R-~ of property located on The west side ~ of Busse Road north of Algonquin Road (north of and adjacent to the' '~ommonwealth Edison right-of-way). The Zoning Board voted 2-2 on This request. No ob- jectors were present. By an opinion given by ou~ Village ATtorney, members who were absent at the hearing may vote upon reading the ~ansCrlpt. Two members did, and voted in favor of The presentation. E. F. Martin Memorandum: Zoning Case 6~-80, Anvan Corp. This is a request for rezoning contingent upon annexation, from R-1 to R-4 of The property located on The west side of Busse Road just north and adjacant to The Commonwealth Edison right of way (P. $2-S). The parcel is 10 aores gross, and subtracting dedications becomes 9.2' acres net. Ail calculations are based on The net calculations. The land is now zoned R-5 in The County, which permits the apart- ment development planned. IT was testified That all arrangements are now complete, including the~financlng, hut that the corpora- tion prefers to annex to Mount Prospect. ? The planning bears The macks.of a skilled planner, and the Zoning Board unanimously acknowledges this. There would be an apartment complex of 168 units, equating to 2880 square feet per living unit. Our code requires 2000 square feet per living unit with this frontage. The plans provide for 112 one-bedroom apart~ents; ~ two-bedroom apar~:menTs and 12 studio apartments. A landscaped lagoon is to be constructed '(retention pond) to accommodate run- off water. This lagoon and the sewer facilities have been checked out with C.T. & A. Water service has been contracted for with the private water company serving This area. Off-street parking equates To 1.9 per apartment, including two 18-car garages. Our c~de requires 1.5. There are four access roads into Busse Road - - Two (periphery) 28 feet in width, paved. Two one-way streets each 16 feet in width, paved. These streets will be private and will be maintained by theCorporation. Those of the Board voting in' favor of the zonin'g did so on the basis that the planned development met all of our new requirements and was well placed as to The geographical setting. In addition, a major portion of surrounding area iS R-5 z~ni~ in ~he County, with present apartment developments adjacent to the north, the CommonwealTh Edison line to the south, and with half of adjacent east side R-~ across the road. ~-. ThOse of the Board opposing the zoning change felt' That since i There was RA property across Busse Road from a part of the east I frontage, and R-1 zoning on the Commonwealth Edison stTip, there ~ was suitability for single-familyR-1 or R-A zoning. ' It was also believe(~ that the R-~ zoning would erode the chances for main- ~aining the present R-A zoning On the Di Mucci property further north, lying west of Busse Road. The existence of apartments adjoining to the north was not believed To affect the zoning of this parcel. August 6, 1964 si ' A w mm~ng pool is planned and is tied into thei~ financing comm£tments~ however, the present petition did not mention a switching pool request and theme was no presentation made as to the "special use" requirements. The entire Board did favor the granting of the right~to'b~£1d ~he pool if the development is to be approved by the Trustees. Because of the tie vote of the Board of Appeals, those mem- bers who were not present, other than one who was out of town for two weeks, were subsequently given the transcript of the case record to review in o~der to give an opinion. Those two men indicated that they would a~prove the change' in zoning because of the present County R-5 zoning and the state- ment of the petitioner to the effect that he would p~oceed in any event. E. F, Martin P. T. Liggett This maT~er was referred To the Judiciary Committee. Building Inspector Pecoraro informed the Board that The speci- fications for this layout met the standards of the Mt. Building Code with a few miuor changes. ZonlnE T~ustee Ek~en Dead the folldwing ~eport and memo ye Case 64-32, Darwin Koets, heard July 31: Case 6~-32 This was a request fo~ezoning from R-1 To P-1 of a triangular shaped lot on Mount'PrpspeaT Road neam Northwest Highway. The Board of Appeals voted 4-0 To recommend the change in zoning, -- subject ~o suitable screening along the north line and proper drainage provisions. There were no objectors present. E. F. Martin, Chairman P. T. Liggett, Acting Memorandum: This was a request for rezoning from R-1 to ?-1 of a shaped lot on Mount P~ospect Road nea~ Northwest Highway. The petitioner stated that he wanted to provide pamking for his Tenants and customers that call on business located at Lot 58 on Northwest Hwy., between Albert St. and Mt. P~ospecT Road. It appears .that the lot is triangular and not well suited fo~ ~he erection of a house. The petitionem stated that he would fill and black~Top the lot To satisfy P-1 paving parking lot requirements and that if the Village so required he would ere¢: suitable screening along The north property line. The Zoning Board is aware that there have been objections =o :he "alley view" of The business property aldng -- the Northwest Hwy. and that no one would consider it a good' house location. It is also known ~haT a drainage problem exists in this a~ea, with the present adjacent lots along Mt. Prospect Road being constantly flooded. It is therefore recommended approval be subject To petitioner*s scDeening the north edge and preventing drainage from his ~ot or from The alley flowing into the lots to the north. E. F. Martin P. T. Liggett This matter was referred To Judiciary Committee. August 6, Trustee Ekren read the following report and memo ZonlnECase re Case 64-17, Murray Furer of Hall $ STone, heard July 31: 64-17 Hall & Stone Attorney: Allan Silve~man This case was a request for rezoning from R-1 to R-4, contin- gent upon annexation, of property located at 1123 Westgate Road. The Board of Appeals voted 5-0 to recommend that the appeal be denied. There were several objeetors present. E. F. Martin, Chair~nan P. T. Liggett, Acting Sec'y Memorandum: This was a request for rezoning contingent upon annexation of two la~ge lots (15 and 16, P. iO-N of Zoning Ord. and Map), comprising about 6 acres, located north of the MT. Prospect Plaza and south of Meadow Lane. The petitioner states that he has also contracted for the 10 acres of property along the north edge of the Mt. Prospect Plaza which was The subject of rezoning request under Case 62-22, for R-4'frem B-1. He desires to develop the entire 16-acre area as one R-4 district. The Board pointed out that the earlier request lacked approval because of the need for assurance that sewer and street cempetions, etc. would be met. The present petitioner did state That he would meet all of the conditions which were requested of the petitioner under Case 62-22 including the dedication and paving of Thayer through to Westgate Road as well as dedicate and pave with curb and gutters the adjacent portions of Meadow Lane and Westgate Road. The principal reason for the Zoning Board's denial of This request was That the petitioning parties did not present adequate information to the Board for proper consideration of this proposed R-4 Residential Planned Development. A survey plat of the.lots and.an architect's rendering of the plat were the only exhibits presented. There was no dimensional plot plan, nor any of the required critical data given as to Public Street Factor, area per dwelling unit, street widths, parking area, etc. There was no layout of proposed roadway inlets and-~ouTlets To Thayer Street or to Meadow Lane. ~ The petitioner's representative did state that he wanted 300 ar~rT- ment units in the complex and that he would meet the new R-4 require- ments to have at least 2000 square feet of land area per dwelling unit. He also stated that he proposed to have four swimming pools, although the architect's drawing board showed only three. Although denying the request for The abovereasons,~ The Zoning Board members agreed tha~ there was probably merit in having t~e R-4 development of this petition combined with that planned under Case 62-22 in order to have all of the various problems of the area planned and properly taken care of before there is any approval. There were objectors present, representing Meadow Lane and Prospect Gardens~Civic Association. .E..F. Martin, Chairman P. T. Liggett, Acting Secretary Trustee Ekren suggested that the Village Planner Baughmann be asked August 6, 1964 for his advice inasmuch as this case has bearing on the layouts of former Serafine Case 62-22 and Jerry Chez case, 64-5. Trustee Busse felt that the petitioner was under obligation to present his own case, that evidence herein presented was suffi~ ciently lacking to make any kind of judgment, and for that rea- son the Board had no recourse but to deny the petition. Trustee Ekren~ seconded by Trustee Busse, moved to concur with the ~eccmmendation of the Zoning Board that this appeal in Case 64-17 be denied. Upon roll call: Ayes: Phillips Busse Ekren Bergen Castertine B~uhl Motion carried. Trustee Ekren read the following report and memo ~e Zoning Case Case 64-31, Randhurst, heard July 31: 64-31 Randhurst This case requested a Special Use to erect an enclosed motion Theatre picture theater on the north edge of the B-3 property known as the Randhurst Shopping Center. Th~ 'Board of Appeals voted 4-0 to recommend this Special Use. It did not appear that the theater location would adversely af- fect the pdblic at this location by (1) endangeringpublic health, safety, morals, comfort or general welfare, (2) diminish- ing or impairing property values in the neighborhood, (3) impeding normal and orderly development of the surrounding property, (4) by reason of any lack of sewer and water facilities or other utilities, or (5) by reason of parking access or traffic condi- tions0 There were no objectors present. E. F. Martin, Chairman P. T~ Liggett, Acting Secretary Memorandum: The petitioner plans to build an enclosed theater with about 900 seats on the north parking lot area, about 125 feet from Euclid Road. The theater will face the parking lot and have landscaping at the back, between it and the Euclid Road side. Testimony indicated that there are some 1062 parking spaces avail- able in the north lot of the Shopping cehter and that this is more than adequate for the maximum of 400 oars which might attend the theater at any one time. It was also alleged that the access road into Randhurst from Euclid Road has 65% excess capacity over present usage and can easily handle the additional theater traffic. It was stated that there is a nation-wide trend to have a theater with each major shopping center, and that there has been no ad- verse effect onadjoining property. Four different operating chains wanted the right to operate this proposed theater. As stated in the report to the Board of Appeals, it was' believed the theater to be compatible with the Shopping Center, and there were found no conditions which would appear to affect the Public adversely. E. F. Martin, Chairman P. T. Liggett, Acting Secretary August 6, 1964 Trustee Ekren, seconded by Trustee Busse, moved to concur with the Zoning Board to allow, this petition, and to request the Village Attorney to draw the proper ox~tinance granting this special use. Upon roll call: Ayes: Bergen B~uhl Busse .? . Ekren Casterline Phillips Motion carried. T~ustee Ek~en read County Zoning Dockets 757 and 768, County Zonin~ on which the Boa~ decided to take n9 action, He Then ~ead Dockets 7q6 and 7~3, upgrading of residential with construction of artificial lake 18.9 acres in Wheeling Township. The Boa~l members requested Assistant Manager Heinrich to attend This hearing and report back on what is planned. T~UsTee CasTerline reported That he had been provided Street Dept. with memos fro~ the Sanitary District showing certain street areas That had flooded frem rain and were being worked on by the Distr£c~. He also reported that a large amount of overtime pay had been accumulated by members of the STreet Depar%men~ due to clearing of streets after the recent STor~s. T~ustee Busse reported That after Busse and ~r~erson Street Dept. Streets are widened an 18-1nob strip 'of earth or gm&ss will main between sidewalk and s~reet,'and That. Mrs. $¢hlemmer of The Library inquired if ~his sTripcould be filled with concrete as it is not la~ge enoughto do"anything else with. After dis- cussion regarding cost, etc., T~us~ee Busse, seconded by . ~.~ Trustee Ekren, moved that if it were possible, funds be secured ~ from HFT To insert concrete 1,1/2 feet strip between The new ~ curb and ~he present sidewalk on The West side of Emerson up To Central Road and on The north side of Busse in front of The library. Upon roll call: Ayes: Ekren Busse Phillips Bruhl Bergen Casterline Motion carried. The Boemd suggested That The residents on the east. side of Emerson be contacted To determineTheir wishes in This matter. President $chlaver read letter from Robert ~. McCarthy Metropolitan of the Metropolitan Sanitary District ~e flood control around San. Distr. re P~ospecT High School, stating That when work is completed, storm Prospect High water will be discharged to The north, across Foundry Road. President $chlaver read the following letter from Rand Rand Road Road Auto Wash, Inc. Auto Wash Attention, ~r. Appleby. Gentlemen: Re: 101 E.:Rand Rd. Confirming our discussion relative To the above we will: (I~ Agree ~o apply for annexation of the parcel west of our parcel as plans submitted da~ed July ?,1~6~ for Rand Road Auto Wash, Inc. for stacking of cars, subject To obtaining car wash per- mit. This will be done at our mutual convenience. (2)We will provide for adequate personnel To control traffic at entrance whenever necessary. August 6, 1964 and Road Auto Wash (3) Ingress and egress shall be limited to Route 12. (~) We will cooperate with the village in any way possible to ca~y out our mutual undertaking. Respectfully submitted, Rand' Road Auto Wash, Inc. Carlo Pecora, P~esident Cosmopolitan National Bank of Chicago Trust No. 13~0 Messrs. Boles, Sr. and Jr. were present. Trustee Busse ex- plained that he was not a member of the Board when this case · was originally brought up and had been absent the past $ weeks when the Board was considering it~ that he therefore thought it best that he pass his vote. He wished to comment, however, that he did not think the Board had acted in bad faith as had been charged, but he did look To the developer to act in good faith. M~. Carlo Pecora stated he had nothing to add to the letter, that his fiz~ intended to annex area abutting the wester~ edge and to use same for stacking cars (159' deep~. Trustee Casterline, seconded by Tz,asTee Phillips, moved that Rand Road Auto Wash, Inc., be granted approval to proceed with the subject development in accordance with and subject to the July 28, 196~ letter written by ca~lo Pecora, P~esident, Rand Road Auto Wash, Inc. re 101 East Rand Road and in accordance with Plan C submitted as signed by Carlo Pe¢oma and dated August 6, 196~ which specified the plan to be used for the abutting parcel of pmope~ty to the west. Upon roll call: Ayes: Caste~line Ekren Phillips th~es. Schlaver Nays: Bergen Bruhl Pass: Busse ~otion carried. Old Orchard T~ustee Busse asked if Mr. Baughmann would kindly fur- nish the Board with a b~eakdown in the numbe~ of buildings and thei~ various heights proposed to be e~ected in the Old O~oha~d complex° There was discussion re Bar,mann's Miniature Golf Course as sho~ oD P.ii~7 of these minutes. Adjournment by acclamation at 11:12 P.M. Respectfully submitted, Ruth C-. WilsgB~ Village Clerk August 6, 1964