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HomeMy WebLinkAbout2839_001NEXT ORDINANCE NO. 2828 NEXT RESOLUTION NO. 27-78 IT Building Director All VILLAGE BOARD VILLAGE OF MOUNT PROSPECT 0 R D E R 0 F B U S I N E S S REGULAR MEETING Meeting Location: Public Safety Building 112 E. Northwest Highway Tuesday, October 17, 1978 8:00 P.M. I. CALL TO ORDER Ii. INVOCATION - Trustee Hendricks III. ROLL CALL Mayor Krause Trustee Floros Trustee Murauskis Trustee Hendricks Trustee Richardson Trustee Minton Trustee Wattenberg IV, APPROVAL OF MINUTES OF REGULAR MEETING - October 3., 1978 V. APPROVAL OF BILLS AND FINANCIAL REPORT VI. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD A. Presentations to Blood Donors B. Fire Prevention Awards C. Elk Grove Rural Fire Protection District - James Sheldon VII. MANAGER'S REPORrS.' A. Consideration of purchase of Fire Department Ambulance B. Report on Westgate Road improvement C. Status Report Various Village programs and projects VIII. MAYOR'S REPORT A. PROCLAMATION Trick or Treat Day - October 31, 1878 B. PROCLAMATION Law Enforcement Week -- October October 22 - 28, 1978 C. Knights of Huntington D. Appointments E. Announcements Ix. COMMITTEE REPORTS A. BUILDING COMMITTEE 1. ZBA 54-V-78, Ni -Gas Property MEET YOUR ELECTED OFFICIALS FOR TALK AND COFFEE SATURDAY, NOVEMBER 4, 1978 - 2ND FLOOR, VILLAGE HALL 100 S. EMERSON - 10:00 A.M. TO NOON 2, ZBA 59-Z-78 ) ZBA 60-ST1-78) Pickwick Commons ZBA 61-v-78 ) a. 1st reading of AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS, PICKWICK COMMONS SOUTH AND PICKWICK COMMONS WEST (Exhibit A) b. Plat of Annexation C. 1st reading of AN ORDINANCE AMENDING MAPS 35-5 AND 41-5 OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT (Exhibit B) d. 1St reading of AN ORDINANCE GRANTING A SPECIAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS, PICKWICK COMMONS WEST AND PICKWICK COMMONS SOUTH (Exhibit C) e. lst reading of AN ORDINANCE GRANTING CERTAIN VARIATIONS FOR PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS, PICKWICK COMMONS WEST AND PICKWICK COMMONS SOUTH (Exhibit D) B. FINANCE COMMIT'ITEE 1. 2nd reading of AN ORDINANCE AMENDING SECTION 13.107 OF THE MUNICIPAL CODE (Exhibit E) C. FIRE AND POLICE COMMITTEE D. JUDICIARY COMMITTEE E. PUBLIC HEALTH AND SAFETY COMMITTEE 1. 2nd reading of AN ORDINANCE AMENDING THE TRAFFIC CODE (Exhibit F) F, PUBLIC WORKS COMMITTEE 1. 2nd reading of AN ORDINANCE AMENDING SEC'T'ION 23.110 OF THE MUNICIPAL CODE (Exhibit G) X» OTHER BUSINESS XI. ITEMS TO BE REFERRED A. ZBA 52-V-78, fence request of the Village, refer to Building Committee B. ZBA 53-Z-78, Day Care Homes, refer to Building Committee C. ZBA 55 -SU -78) 203 E. Rand Road, ZBA 56-V-78 ) refer to Building Committee D. ZBA 62-V-78, 1500 N. Elmhurst Road, refer to Building Coirmiittee XII. COMMI'T'TEE ANNCUNCEMENTS XIII. FOR INFORMATICN ONLY XIV. ADJOURNMENT ORDINANCE NO. AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS, PICKWICK COMMONS SOUTH AND PICKWICK COMMONS WEST WHEREAS, a written petition under oath signed by the owners of record of land hereinafter described as well as 100% of the residents residing thereon has been filed with the Village Clerk of the Village of Mount Prospect requesting that said land be annexed to the Village of Mount Prospect; and WHEREAS, the said land is not within the corporate limits of any municipality, but is contiguous to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect find and believe it to be in the best interests of the said Village that said land and territory be annexed thereto; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That all land and territory legally described as follows: All of Pickwick Commons (excepting Lot 23 thereof), being a Subdivision of part of Lot 1 in Linneman's Division in the West half of the Southeast quarter of Section 14, Township 41 North, Range 11 East of the Third Principal Meridian; together with the West 550.00 feet, as measured on the North and South lines, of Lot 1 in Linneman's Division in the West half of the Southeast quarter of said Section 14; together with the East 522.90 feet, as measured on the North and South lines, of Lot 2 in Linneman's Division in the West half of the Northeast quarter of Section 23, Township and Range aforesaid; together with that part of Linneman Road lying North of the North line of Dempster Street and lying South of the North line of the South 477.78 feet of said Section 14; together with that part of Dempster Street lying East of the West line of Linneman Road and lying West of the East line of the West half of the Southeast quarter of Section 14 and lying West of the East line of the West half of the Northeast quarter of Section 23, all in Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; an accurate map of which territory is attached hereto and hereby made a part hereof by this reference, be and the same is hereby annexed to the Village of Mount Pros- pect, Cook County, Illinois. SECTION TWO: That Maps 35S and 41S contained in SECTION ONE of Ordinance No, 2410, passed and approved March 20, 1973, be amended to reflect the extension of the corporate limits of the Village of Mount Prospect to include the property herein- above described and hereby annexed. SECTION THREE: That the Village Clerk of the Village of Mount Prospect is hereby directed to file in the office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this Ordinance together with an accurate map of the territory annexed. N SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: MSSED this -day of APPROVED this • of Village Clerk Village President IM , 1978. , 1978. 1, 2/78 ORDINANCE NO. AN ORDINANCE AMENDING MAP 35-S AND MAP 41-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did conduct • public hearing under Case No. 59-Z-78, on the 28th day of September, 1978, on • request for a zoning classification change from R -X (Single Family Residence) District to R-3 (Apartment Residence) District and R-4 (Residential Development) District of certain property hereinafter described; and WHEREAS, a notice of the aforesaid public hearing was made and published in the manner provided by law; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect has recom- mended to the President and Board of Trustees of the Village of Mount Prospect that the petitioner's request under said Case No. 59-Z-78 be granted; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect has reviewed the matter herein and has recommended the approval thereof to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the following Ordinance regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map 35-S of the Zoning Ordinance of the Village of Mount Prospect, as amended, be and the same is hereby further amended by reclassifying from R -X (Single Family Residence) District to R-3 (Apartment Residence) District the following described property: Pickwick Commons, except Lot 23 thereof, being a Subdivision of part of Lot 1 in Linneman's Division in the WEst half of the Southeast quarter of Section 14, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. SECTION TWO: That Map 35--S and Map 41-S of the Zoning Ordinance of the Village �f -Mount Prospect, as amended, be and the same is hereby further amended by re- classifying from R -X (Single Family Residence) District to R-4 (Residential Develop- ment) District the following described property: The East 522.90 feet, as measured on the North and South lines, of Lot 2 in Linneman's Division in the West half of the Northeast quarter of Section 23, Township 41 North, Range 11; together with that part of Linneman Road lying North of the North line of Dempster Street and lying South of the North Line of the South 477.78 feet of said Section 14; together with that part of Dempster Street lying East of the West line of Linneman Road and lying West of the East line of the West half of the Southeast quarter of Section 14 and lying West of the East line of the West half of the Northeast quarter of Section 23; together with the West 550.00 feet, as measured on the North and South lines, of Lot 1 in Linneman's Division in the West half of the Southeast quarter of said Section 14, all in Town- ship 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois - SECTION THREE: That Map 35-5 and Map 41-5 contained in SECTION ONE, of Ordinance No. 2410, passed and approved March 20, 1973, shall be deemed amended so as'to conform with the reclassification of the subject property herein contained in SECTION ONE and SECTION TWO above. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED this day of 1978. APPROVED this day of , 1978. ATTEST: Village Clerk Village President -2- 10/12/78 ORDINANCE NO, AN ORDINANCE GRANTING A SPECIAL USE IN THE NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS, PICKWICK COMMONS WEST, AND PICKWICK COMMONS SOUTH WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 60 -SU -78, on a request for a special use in the nature of a Planned Unit Development; and WHEREAS, a notice of the aforesaid public hearing was made and published in the manner provided by law; and WHEREAS , the Zoning Board of Appeals of the Village of Mount Prospect has recom- mended to the President and Board of Trustees of the Village of Mount Prospect that the petitioner's request under said Case No. 60 -SU -78 be granted; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect has reviewed the matter herein and has recommended unanimously the approval thereof to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the following Ordinance regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That a special use permit be and is hereby granted to allow a Planned Unit Development constructed in unincorporated Cook County to continue in existence as per the survey of the subject property attached hereto and hereby made a part hereof as Exhibit I (Site Plan); which subject property is legally de- scribed as follows: The West 550.00 feet, as measured on the North and South lines, of Lot 1 in Linneman's Division in the West half of the Southeast quarter of Section 14, all in Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. SECTION TWO: That a special use permit be and is hereby granted to allow a Planned Unit Development constructed in unincorporated Cook County to continue in existence as per the survey of the subject property attached hereto and hereby made a part hereof as Exhibit Il (Site Plan); which subject property is legally de- scribed as follows: The East 522.0 feet, as measured on the North and South lines of Lot 2 in Linneman's Division of Lands in Sections 14 and 23, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: NAYS., ABSENT: PASSED this _day of , 1978. APPROVED this day of , 1978., ATTEST: Village Clerk APPROVED. Village President am 10/12/78 ORDINANCE NO. AN ORDINANCE GRANTING CERTAIN VARIATIONS FOR PROPERTY COMMONLY KNOWN AS PICKWICK COMMONS PICKWICK COMMONS WEST & PICKWICK COMMONS SOUTH WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 61-V-78, on the 28th day of September, 1978, on a request for certain variations; and WHEREAS, a notice of the aforesaid public hearing was made and published in the manner provided by law; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect has recom- mended to the President and Board of Trustees of the Village of Mount Prospect that the petitioner's request under said Case No. 61-V-78 be granted; and WHEREAS, the Building Committee of the Board o ' f Trustees of the Village of Mount Prospect has reviewed the matter herein and has recommended unanimously the approval thereof to the President and Board of Trustees of the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the following Ordinance regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the property being the subject matter of Case No. 61-V-78, being legally described as follows: Pickwick Commons, except Lot 23 thereof, being a Subdivision of part of Lot 1 in Linneman's Division in the West half of the Southeast quarter of Section 14, Township 41 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-3 (Apartment Residence District), which zoning classification shall remain in effect subject to the following variations herein granted: A. That the subject properties shall be allowed to continue to exist as conforming uses on existing lots of record which contain less than 8,000 square feet as such lots have been divided and recorded with the Cook County Recorder of Deeds and as such lots are shown on Map 35-5 of the Zoning Ordinance of the Village of Mount Prospect; and B . That Article XXV of the Zoning Ordinance of the Village of Mount Prospect be varied so that the aforesaid Planned Unit Development need not be subdivided into one lot of record and so that additional restrictive covenants need not be executed --existing covenants being recorded by reason of the construction of this Planned Unit Development within unincorporated Cook County. D SECTION TWO: That certain other property being the subject matter of Case No. 61-V-78, being legally described as follows: The West 550.00 feet, as measured on the North and South lines, of Lot 1 in Linneman's Division in the West half of the Southeast quarter of Section 14, all in Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-4 (Residential Development District) having been granted a Special Use Permit in the nature of a Planned Unit Development; which zoning cla"ification and Special Use Permit shall remain in effect subject to the following Variations herein granted: A. That the allowable density under the Zoning Ordinance of the Village of Mount Prospect for such Planned,Unit Development be increased so as to allow 153 dwelling units to continue to exist. B . That Article XXV of the Zoning Ordinance of the Village of Mount Prospect be varied so that the aforesaid Planned Unit Development need not be subdivided into one lot of record and so that additional restrictive covenants need not be executed --existing covenants being recorded by reason of the construction of this Planned Unit Development within unincorporated Cook County. SECTION THREE: That certain other property being the subject matter of Case No. 61-V-78, being legally described as follows: The East 522.0 feet, as measured on the North and South lines of Lot 2 in Linneman's Division of Lands in Sections 14 and 23, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-4 (Residential Development District) having been granted a Special Use Permit in the Nature of a Planned Unit Development; which zoning classification and Special Use Permit shall remain in effect subject to the following variations herein granted: A. That the allowable density under the Zoning Ordinance of the Village of Mount Prospect for such Planned Unit Development be increased so as to allow 216 dwelling units to continue to exist. B . That Article XXV of the Zoning Ordinance of the Village of Mount Prospect be varied so that the aforesaid Planned Unit Development need not be subdivided into one lot of record and so that additional restrictive covenants need not be executed --existing covenants being recorded by reason of the -2- construction of this Planned Unit Development within unincorporated Cook County. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED this _day of 1978. APPROVED this day of 1978. ATTEST: Village Clerk APPROVED: Village President -3- 9/6/78 noi � AN ORDINANCE AMENDING SECTION 13.107 AND SECTION 13.115 OF THE MUNICIPAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitu- tion of the State of Illinois, Section 13.107 of the Municipal Code of the Village of Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety in order to provide provisions for the automatic cancellation of liquor licenses upon alienation or sale of the ownership of the business of the licensee; so that hereafter the said Section 13. 107 shall be and read as follows: it SECTION 13.107. Number of Licenses. A. There shall be issued in the Village of Mount Prospect no more than: (a) Six (6) Class A Licenses (b) Fifteen (15) Class B Licenses (c) Seven (7) Class C Licenses (d) Two (2) Class D Licenses (e) One (1) Class E License (f) Two (2) Class L Licenses (g) One (1) Class M License (h) One (1) Class P License (i) Seven (7) Class R Licenses (j) None Class V License (k) Three (3) Class W Licenses B. That upon the alienation, sale, transfer, assignment, or donation of the business of the licensee to any third party, person, firm, or corporation other than the licensee, the liquor license shall automatically become void and the number of available licenses listed in Subsection A hereinabove shall automatically be reduced by such voidance of such license. ff SECTION TWO: That subsection A. of Section 13.115 of the Municipal Code of the-Village -af-Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety so as to include Class P licensees within the regulations of said subsection A; so that hereafter the said subsection A of Section 13.115 shall be and read as follows; A It shall be unlawful for licensees holding Class A, B, C, D, E, M, P, R, V, and W liquor licenses created under the terms of this Chapter to sell or offer for sale any alcoholic liquor at retail in the Village or to permit any person to consume any alcoholic liquor in or on any premises for which a license providing for consumption on the premises has been issued pursuant to this Chapter 13, between the hours of two o'clock a.m. to six o'clock a.m. on Monday through Friday inclusive; between the hours of three o'clock a.m. to six o'clock a.m. on Saturday; and between the hours of three o'clock a.m. to twelve noon on Sunday; and on January 1st of each year said closing hours shall be from four o'clock a.m. to twelve noon. ft 'r," SECTION THREE: That should any part or parts of this Ordinance be held by any court of competent jurisdiction to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this Ordinance. The President and Board of Trustees hereby declare that they would have passed the remaining parts of this Ordinance if they had known that such other part or parts thereof would be declared unconstitutional. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. a K l ABSENT: PASSED this day of 1978. APPROVED this day of , 1978. ATTEST: Village Clerk -2- APPROVED: Village President 102/78 AN ORDINANCE AMENDING THE TRAFFIC CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Schedule III of Article XX of Chapter 18 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended to prohibit northbound traffic on Helena Avenue between Haven and Lincoln Streets; so that hereafter the said Schedule III shall contain in alphabetical order the following - Helena Ave. Southbound Btw. Haven and Lincoln Sts. Ty SECTION TWO: That subsections A. and B. of Section 18.1324 of Chapter 18 (Traffic Code) of the Municipal Code of Mount Prospect of 1957, as amended, be and the same are hereby further amended to allow the handicapped certain parking privileges by use of identification cards; so that hereafter the said subsections A. and B. of Section 18.1324 shall be and read as follows: A. Any motor vehicle having an identification card on display in its windshield (which identification card declares the possessor thereof to be a handicapped person and which card has been issued by any of the townships of the State of Illinois) or a motor vehicle bearing registration plates issued to a physically handicapped person pursuant to Section 3-616 or to a disabled veteran pursuant to Section 3-609 of "The Illinois Vehicle Code", effective July 1, 1970, as amended, is exempt from any statute of the State of Illinois or any ordinance of the Village of Mount Prospect imposing time limitations on parking in a business district; but otherwise is subject to the laws which prohibit parking in "no stopping" and "no standing" zones in front of or near fire hydrants, driveways, public building entrances and exits,' bus stops and loading areas, and is prohibited from parking where the motor vehicle constitutes a traffic hazard and the motor vehicle must be moved at the instruction and request of the Depart- ment to a location designated by such officer. B. Parking privileges granted by this Section are strictly limited to the person to whom the aforedescribed identifi- cation card and/or special registration plates were issued and to qualified operators acting under his express direction while the disabled person is present. fl SECTION THREE: That Schedule VI of Article XX of Chapter 18 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended to prohibit parking on Helena Avenue between Haven and Lincoln Streets; so that hereafter the said Schedule VI shall contain in alphabetical order the following: Helena Ave. Fast & West Btw. Haven and Lincoln Sts. 11 I SECTION FOUR: That Sebedule VII of Article XX of Chapter 18 (Traffic Code) of the Municipal Code of Mount Prospect of 1957, as amended, be and the salne is here- by further amended to prohibit Sunday parking between 6: ' 30 a.m. and 1: 30 p.m. on the East side of Pine Street from Evergreen Avenue to a point 320 feet north of Evergreen Avenue�, so that hereafter the said Schedule VII shall contain in alpha- betical order the iollowing: Pine St. East 6: 30 a.m. to Btw. Evergreen Ave. 1: 30 p.m. and 320 ft. north of Evergreen Ave. it SECTION FIVE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law . AYES: PASSED this day of APPROVED this day of ATTEST: Village Clerk Village President M NFUN 9/26/78 AN ORDINANCE AMENDING SECTION 23, 110 SECTION ONE: That, pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitution of the State of Illinois, Subsection C of Section 23.110 of the Municipal Code of Mount Prospect of 1.957, as amended, be and the same is hereby further amended; so that hereafter the said Subsection C of Section 23.110 shall be and read as follows: IT C In case of mechanical failure of any of the wells providing water for the Village or in case of a water shortage, the Village Manager, upon declaring an. emergency exists, is hereby authorized to imple- ment the emergency water use plan currently being utilized by the Village of Mount Prospect (as same may be amended from time to time to meet Illinois State requirements) and to impose immediate restrictions upon the use of waterfor the purpose of watering and/ or sprinkling lawns and/or gardens or for the purpose of filling and/or refilling swimming pools. IT SECTION TWO: That this Ordinance shall be in full force and effect as of 12: 01 o'clock a.m—.November 1, 1978, and after its passage, approval, and publication in the manner provided by law. AYES: NAYS: ABSENT: PASSED this _day of 1978. APPROVED this day of ams�� F41221-01TIM Village President OCA; 77 13-7`9 ) 9 73 , CHARGES BY THE VILLAGE BOARD TO COMMITTEES, COMMISSIONS, & INDIVIDUALS OCTOBER 17, 1978 BUILDING COMMITTEE Z8A-61-Z-78 N. W. Cor. Rand & Central - Shell Oil -Rezone from U-3 to B-4 6-6-78 ZB8-54-V-78 Northern Ill. Gas - Kensington - Wolf Rd. 9-19-78 ZBA-59-Z-78 ) Pickwick Commons - Rezone - R -X to R-3 ZBA-60-SU-78 ) Special Use - P.U.D. 2BA-61-V-78 ) Variation Fence Ordinance Revisions 6-20-78 Open Terraces and Porches 2-21-78 Licensing of Multiple Dwellings 11-5-77 FINANCE COMMITTEE Special Taxing District, Capital Improvement (Water System) 7-5-77 Insurance - Umbrella Coverage 10-18-77 Parking Program 6-20-78 Busse Nater Main 8-1-78 Revenue Bonds - single family mortgages 9-5-78 FIRE & POLICE COMMITTEE Burglar Alarm Fees for False Alarms 1-17-78 Streamlining Agenda 9-19-/8 JUDICIARY COMMITTEE Robert Gordon, Esq. - Case No. 76 L 4400 7-20-76 Review Important Cases 5-17-77 Update Ordinances 5-17-77 How to reduce the adversary system 6-7-77 Executive Sessions 6-7-77 Quality Control of Potential Excess Verdict Cases 18-18-77 Pending Law Suit, Teinhert, el al 11-16-77 Review Legal Notice Procedures 1-3-78 Gift Requirement for Developers 6-20-78 Proposed Condominium Conversion Ordinance 7-5-78 Village of Mount Prospect vs. MSD 7-5-78 Metropolitan Housing Development Corp. vs. Arlington Heights and Mount Prospect 7-5-78 PUBLIC HEALTH & SAFETY COMMITTEE Decriminalization of small amounts of marijuana 6-22-78 Development Code 7-l8-78 PUBLIC WORKS COMMITTEE MFT Projects |-7-/8 Highland & Rand Intersection Improvement 5-2-78 Weller Creek Bridges 5-2-78 Purchase of Additional Land (Zenith Property) Landscaping along Weller Creak between Owen & William 8-1-78 PLANNING COMMISSION Annual Review of Village Comprehensive Plan Preparation of Community Development Plan on Annual Basis 1-21-75 PERSONNEL DIRECTOR - ASSISTANT VILLAGE MANAGER Criteria for E,um^unV the v`/mge -Manager 3-2-76 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES October 3, 1978 The Mount Prospect 4-H Club presented Colors. CALL TO ORDER Mayor Krause called the meeting to order at 8:05 P.M. INVOCATION The invocation was given by Trustee Richardson. ROLL CALL Present upon roll call: Mayor Krause Trustees Floros Hendricks Murauskis Richardson Wattenberg Absent: Trustee Minton APPROVAL OF MINUTES Trustee Wattenberg, seconded by Trustee Richardson, moved to approve the minutes of the regular meeting of the Mayor and Board of Trustees held September 19, 1978. Upon roll call: Ayeq: Floros Hendricks Richardson Wattenberg Pass: Murauskis Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Richardson, moved to approve the following bills: General 295,819.45 Capital Imp. & Repair Rep. 26,898.00 Parking System Revenue 297-83 Motor Fuel Tax 7,820.80 Corporate Purposes Const. 1973 16,550-00 Corporate Purposes Const. 1974 497.69 Waterworks & Sewerage Fund 49,614.46 397,498.23 Upon roll call: Ayes: Floros Hendricks Murauskis Richardson Wattenberg Nays: None Motion carried. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD In honor of National 4-H Club Week, the Mayor and Board were acknowledged for the support the Village gives to the 4-H Club. Jack Meske, representing the Mount Prospect Lions Club, requested the Board waive the permit fees involved with the Oktoberfest to be held October 6, 7, and 8th. Trustee Richardson, seconded by Trustee Wattenberg, moved to waive the permit fees involved with the Lions Club Oktoberfest, as well as the out-of-pocket expenses involved with such permit fees. Upon roll call: Ayes: Motion carried. Floros Hendricks Murauskis Richardson Wattenberg None Mr. Warren Henske, representing the Bralen Townhome Owners Assocation in Huntington Commons, expressed their objections to development currently underway of ten 3 story buildings as permitted. under Ordinance No. 2745. The residents objected to the fact that one of the buildings is within 5 feet of the fence surrounding the private swimming pool being the property of the Bralen Townhome Association. Mr. Henske requested the Board take some measure to stop the construction on the basis that none of the immediate residents were notl 11 Ird of the proposed development. The following residents spoke in opposition tc, tte construction of the building in question: Mr. Del Judas, Bralen Townhome owner, Mr. Ray Gulic, Bralen Townhome owner Mr. George Flaherty, 319 S. George Mr. George Van Geem, Bralen-Townhome owner Lee Rosko, Bralen Townhome owner Howard Siegel, QUit Walk Trustee Minton arrived at the meeting. Trustee Floros, seconded by Trustee Richardson, moved to seek an additional legal opinion on the subject as discussed concerning the interpretation of the Zoning Ordinance as it applies to notice, as well as what action the Village could take in the event the legal opinion being sought indicated improper notice had been given. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Pg. 2 10/3/78 Miss Nipper, 1216 E. Meadow Lane, requested clarification on the intent of the developer presently constructing a 2 story building at the corner of Ardyce and Catino Drive. Miss Nipper expressed concern over the height of the building,noting a 2 story building had been approved but the building seemed to be higher than 2 stories. Mayor Krause stated the administration would look into the problem and would advise the outcome. Arthur Braband, 11 North Pine, introduced Robert Ehlert, who, without going into detail, presented a proposal for expansion over the Mount Prospect Public Library. A written proposal would be submitted to the Board for their review. MANAGER'S REPORT Acting Village Manager Geick presented his report. Mr. Geick requested concurrence of the Board with the recommendation of the Director of Engineering to approve a resolution appropriating $400,000 of MFT funds for the improvement of Westgate Road. George Anderson, 105 W. Isabella, opposed the proposed expenditure, Miss Nipper, supported the proposal. Trustee Floras, seconded by Trustee Murauskis, moved for the passage of Resolution No. 24-78 A RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE (Improvement of Westgate Road - $400,000) Upon roll call: Ayes Nays: Motion carried. Floros Hendricks Minton Murauskis Richardson Wattenberg None MAYOR'S REPORT Mayor Krause presented a proposed ordinance amending the notice provision of the Zoning Ordinance. This matter was referred to the Zoning Board of Appeals for consideration. Pg. 3 10/3/78 Mayor Krause presented the name of Herb Riedl, 123 S. Waverly, for consideration to be appointed to the Business District Development and Redevelopment Commission, replacing Ron Wader, who resigned. Trustee Murauskis, seconded by Trustee Wattenberg, moved to concur with the appointment of Herb Riedi, 123 S. Waverly, to the Business District Development and Redevelopment Commission, which term would expire May 1, 1981. Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Having received a status report from outside counsel Marlin Smith regarding Citizens Utilities Company of Illinois request for a rate increase, the Board concurred with Attorney Smith's recommendation to close the file. Trustee Wattenberg, seconded by Trustee Richardson, moved to close the file on the proposal submitted by Citizens Utilities Company of Illinois and the Village would not participate in a re -hearing. Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Richardson, seconded by Trustee Murauskis, moved to concur with the appointment of Terrance L. Burghard as the Village Manager, effective October. 30, 1978, and the agreement with Mr. Burghard be reduced to writing. Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Wattenberg Krause Nays: None Motion carried. Trustee Richardson, seconded by Trustee Hendricks, moved to officially commend Edward A. Geick for his services as Acting 'Village Manager and place a letter of commendation in his personnel file for future reference. Upon roll call: Ayes: Flores Hendricks Mintcn Murauskis Richardson Wattenberg Krause Nays: None Motion carried. Pg. 4 10/3/78 COMMITTEE REPORTS BUILDING COMMITTEE ZBA 36 -SU -78, 1326 West Central Road Trustee Hendricks, seconded by Trustee Floros, moved to waive the rule requiring two readings of an ordinance relative to ZBA 36 -SU -78. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Hendricks, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 2824 AN ORDINANCE GRANTING A SPECIAL, USE FOR PROPERTY LOCATED AT 1326 WEST CENTRAL ROAD (ZBA 36 -SU -78) Upon roll call: Ayes: Hendricks Minton Murauskis Richardson Wattenberg Cqays: Floros Motion carried. Trustee Hendricks, seconded by Trustee Richardson, moved to authorize the Mayor to sign and Clerk to attest her signature on the Arlington Club Beverage Company Plat of Subdivision provided that if any public improvements need to be installed that bonds would be posted first, before signing. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Watte0berg Nays: None Motion carried. FINANCE COMMITTEE Trustee Floros, seconded by Trustee Richardson, moved to waive the rule requiring two readings of an ordinance relative to the liquor license request of Arlington Beverage. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Murauskis, seconded by Trustee Richardson, moved for passage of Ordinance No. 2825 AN ORDINANCE CREATING A CLASS "P" LIQUOR LICENSE Pg- 5 10/3/78 AND REDUCING THE NUMBER OF CLASS "R" LICENSES BY ONE Upon roll call: Ayes: Hendricks Minton Murauskis Richardson Wattenberg Hays: Floros Motion carried. Trustee Floros presented the Finance Committee's report of the meeting held September 27th. Trustee Flores, seconded by Trustee Muraw,,kis,-mov.ed to concur with the recommendation of the Finance Committee and hire Ebasco of Chicago to undertake a study of the Village's property and liability insurance coverage for a cost not to exceed $7,000. Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Flores, seconded by Trustee Richardson, moved to concur with the recommendation of the Finance Committee that health and medical insurance coverage be put out for bid for the year beginning May 1, 1979. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Floros, seconded by Trustee Richardson, moved to concur with the recommendation of the Finance Committee to amend Section 13.107 of the Municipal Code, which would cancel a liquor license upon transfer of ownership of a business. Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Nays: Wattenberg Motion carried. An Ordinance AmeAding Section 13-107 of the Municipal Code had its first reading. FIRE AND POLICE COMMITTEE No report. JUDICIARY COMMITTEE Trustee Wattenberg, seconded by Trustee Murauskis, moved Pg. 6 10/3/78 for passage of Resolution 25-78. A RESOLUTION REPEALING RESOLUTION 13-65 Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. PUBLIC HEALTH AND SAFETY COMMITTEE Trustee Murauskis, seconded by Trustee Richardson, moved for passage of Ordinance No. 2826. AN ORDINANCE AMENDING CHAPTER 11 OF THE MUNICIPAL CODE (Drug Paraphernalia) Upon roll call: Ayes: Floros Hendricks Murauskis Richardson Wattenberg Nays: Minton Motion carried. Trustee Murauskis, seconded by Trustee Hendricks, moved to concur with the recommendation of the Public Health and Safety Committee to amend the Traffic Code to include parking restrictions on east Pine, between Evergreen and Prospect Avenue. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Murauskis, seconded by Trustee Richardson, moved to concur with the recommendation of the Public Health and Safety Committee to amend the Building Code to regulate circus and carnival tents within fire limits. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Trustee Murauskis, seconded by Trustee Richardson, moved to waive the rule requiring two readings of an ordinance relative to amending the Building Code. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. Pg. 7 10/3/78 Trustee Murauskis, seconded by Trustee Richardson, moved for passage of Ordinance No. 2827 AN ORDINANCE AMENDING THE BUILDING CODE Upon roll call: Ayes: Flores Hendricks Minton Murauskis Richardson Wattenberg Nays: None Motion carried. The subject of deleting circuses from the B-3 Zoning Ordinance was referred to the Zoning Board of Appeals for in-depth review and reclassification. An Ordinance Amending the Traffic Code had :its first reading. PUBLIC WORKS COMMITTEE An Ordinance Amending Section 23-110 of the Municipal Code had its first reading. OTHER BUSINESS Trustee Hendricks, seconded by Trustee Richardson, moved to authorize the Mayor to sign and Clerk to attest her signature on the St. Cecilia's Plat of Subdivision provided that first, before any signatures, any and all bonds be posted with the Village of Mount Prospect for the public improvements. Upon roll call: Ayes: Flores Hendricks Minton Richardson Wattenberg Nays: Murauskis Motion carried. ITEMS TO BE REFERRED None. COMMITTEE ANNOUNCEMENTS The Building Committee would meet October llth and would hear-ZBA 54-Z-78 and ZBA 59-Z-78, 60 -SU -78, 61-V-78. ADJOURNMENT Trustee Minton, seconded by Trustee Richardson, moved to adjourn the meeting. Upon roll call: Ayes: Unanimous Motion carried. The meeting was adjourned at 10:115 P.M. Donald W. Goodman Village Clerk Pg. 8 10/3/78