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HomeMy WebLinkAbout03/19/1991 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR ANDBOAI%D OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT I~%RCH 19t 1991 CALL TO ORDER CALL TO ORDER Mayor Farley called the meeting to order at 7:30 PM ROLL CALL Present upon roll call: Mayor Gerald Farley Trustee Ralph Arthur Trustee Mark Busse Trustee Tim Corcoran Trustee Leo Floros Trustee George Van Geem Trustee Donald Weibel INVOCATION The invocation was given by Trustee Arthur. INVOCATION APPROVAL OF MINUTES Trustee Arthur, seconded by Trustee Corcoran, moved APPROVE to approve the minutes of the Regular meeting of the MINUTES Mayor and Board of Trustees held March 5, 1991. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros Van Geem, Weibel Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Van Geem, APPROVE BILLS moved to approve.the following list of bills: General Fund $ 780,835 Motor Fuel Tax Fund 11,155 Community Development Block Grant Fund 1,668 Illinois Municipal Retirement Fund 68,084 Waterworks & Sewerage Fund 339,819 Parking System Revenue Fund 3,728 Risk Management Fund 43,673 Motor Equipment Pool Fund 455 Capital Improvement, Repl. or Rep. Fund 3,755 Downtown Redev. Const. Fund 406 Corporate Purpose Improvement 1990 Debt Service Funds 12,795 Flexcomp Trust Fund 10.108 Escrow Deposit Fund 14,437 Police Pension Fund - Firemen's Pension Fund Benefit Trust Fund . 2.167 $1,923,085 Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. Trustee Floros, seconded by Trustee Van Geem, moved to accept the financial report January 31, 1991 through February 28, 1991, subject to audit. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. COMMUNICATIONS ~ PETITIONS - CITIZENS TO BE HE/~RD FIRE/POLICE John Eilering, member of the Citizens' Committee STATION gave a brief presentation in support of the new Fire REFERENDUM and Police Station, asking the voters to vote Yes on the referendum April 2nd. TRAILER IN Richard Hendricks, 1537 E. Emmerson Lane, stated that FRONT YARD a boat trailer has been parked in the front yard of a neighbor some many months. Upon reviewing the Zoning Ordinance, Mr. Hendricks feels that this is not permitted and asked that action be taken to enforce the regulations of the Village. Village Manager Dixon stated that the administration has responded to the concerns expressed by Mr. Hendricks, noting that no regulations are being violated. However, a legal opinion has been requested of legal counsel relative to the interpretation of Section 14.1101.B, as cited by Mr. Hendricks. Mr. Hendricks asked each member of the Board if they agreed with his interpretation of Section 14.1101.B. Trustees Corcoran and Floros stated that they tend to agree with Mr. Hendricks but would like to see the legal opinion of this matter. The other members of the Board stated that they would reserve judgment until the legal opinion was received. RIVER TRAILS Don Craig, 1614 Barberry, stated that while the River COMMUNITY ASSOC. Trails Community Association opposed the widening of SUPPORT NEW FIRE Euclid Avenue they wanted to go on record as supporting & POLICE STATION the referendum question on the April 2nd ballot and encourage the residents to vote 'yes' on the new Fire and Police Station. EUCLID AVENUE Trustee Corcoran stated that while there has been IMPROVEMENT considerable discussion on the Cook County proposal to widen Euclid Avenue, he would like to meet with the residents and members of the River Trail Community Association to explore the possibility of a 'middle ground' between the improvement proposed by Cook County and what would be agreeable to the residents. M~YORtS REPORT PRESENTATION: On behalf of the Government Financial officers DAVID JEPSON Association, Mayor Farley presented the Certificate of Excellence in Financial Reporting to David Jepson, Finance Director of the Village. Mayor Farley noted that this is the ?th consecutive year that David Jepson has been honored for his financial expertise. PROCLAMATION: Mayor Farley proclaimed May 1, 1991 as Senior Citizen SENIOR CITIZEN Celebration Day in Mount Prospect. It was noted that CELEBRATION DAY activities will take place honoring Senior Citizens MAY 1, 1991 at Randhurst Shopping Center on May 1st. POLICE EXPLORERS The newly elected Officers of the Mount Prospect Police PRESENTED Explorers Post took their Oaths of Office and were presented to the Village Board. The new Officers are: Michael Seegers, Post Chief Edward Brinkman, Sergeant John Wade, Sergeant AMEND CH. 13 An Ordinance was presented for second reading that CREATE CLASS "R" would create a Class "R" liquor license for Nina NINA RESTAURANT Restaurant, to be located in the Mount Prospect Commons Shopping Center (Golf & Busse Roads). Page 2 - March 19, 1991 Trustee Arthur, s~conded by Trustee Weibel, moved ORD.NO. 4280 for passage of Ordinance No. 4280 AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros~ Van Geem, Weibel Nays: None Motion carried. NEW OWNERS A request was presented from the new owners of MR. PETERS Mr. Peters Banquet Hall located in the Mount Prospect BANQUET HALL Plaza to permit continued operation under the existing Class "E" liquor license. Trustee Busse, seconded by Trustee Van Geem, moved CLASS "E" to authorize the continued operation of Mr. Peters LIQUOR Banquet Hall under new ownership with the existing LICENSE Class "E" liquor license. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. A request was presented from the new owners of THE LIQUOR the Liquor Shoppe, 1728 West Dempster Street, SHOPPE TO to permit continued operation under the existing JAY LIQUOR Class "C" liquor license. It was noted that the new name of this establishment will be Jay Liquor. Trustee Busse, seconded by Trustee Arthur, moved CLASS "C" to authorize the new owners of this establishment, LIQUOR known as Jay Liquor, to continue operationunder LICENSE the existing Class "C" liquor license. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. An Ordinance was presented that would amend Chapter 13 AMEND CH. 13 by deleting the prohibition restricting specified cash registers from selling nothing but alcoholic beverages. It was noted that this restriction prohibited grocery stores with liquor departments from checking out non-alcoholic items, which caused a hardship. This Ordinance, will be presented for second reading at the next meeting of the Village Board on April 3rd. OLD BUSINESS An Ordinance was presented for first reading that AMEND would amend Ordinance No. 4164, granting variations ORD.NO.4164 to property located at 215 East Prospect Avenue. 215 E.PROSECT It was noted that the variations granted in Ordinance No. 4164 were valid for a one year period and while the Petitioner desires to go forward with the improvement necessitating the variations, it would not begin until after the one year limitation. Page 3 - March 19, 1991 Trustee Floros, seconded by Trustee Arthur, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. ORD.NO. 4281 Trustee Floros, seconded by Trustee Arthur, moved for -- passage of Ordinance No. 4281 AN ORDINANCE AMENDING ORDINANCE NO. 4164 FOR PROPERTY COMMONLY KNOWN AS 215 EAST PROSPECT. AVENUE Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. AMEND ORD.4170 An Ordinance was presented for first reading that would 7 S.EDWARD amend Ordinance No. 4170. This Ordinance granted variations to permit a room addition, which variations are valid for a one year period. The Petitioner intends to proceed with this improvement, however, he will be unable to obtain a building permit within the one year permitted. Trustee Arthur, seconded by Trustee Corcoran, moved to waive the rule requiring two readings of an Ordinance. __ Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. ORD.NO. 4282 Trustee Arthur, seconded by Trustee Weibel, moved for passage of Ordinance No. 4282 AN ORDINANCE AMENDING ORDINANCE NO. 4170 FOR PROPERTY LOCATED AT 7 SOUTH EDWARD STREET Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. NEW BUSINESS ZBA 9-V-91 ZBA 9-V-91, 1625 Dogwood Lane 1625 DOGWOOD The Petitioner is requesting the following variations: 1. To allow an accessory building 13 feet in height, rather than the permitted 10 feet; 2. To allow two accessory buildings on one lot; 3. To allow an 18" sideyard, rather than the minimum of 5 feet; 4. To allow a one foot separation between the principal structure and an accessory building, rather than the required 10 feet. Page 4 - March 19, 1991 The Zoning Board of Appeals voted to deny the request for a 13 foot height structure by a vote of 3-3; to approve two accessory buildings by a vote of 6-0; to approve the relocation of the shed resulting in an 18" sideyard by a vote of 5-1; and, to approve a one foot separation between structures by a vote of 5-1. The Petitioner noted that the structure being the subject of this case is a playhouse for his 2 children. He stated that he applied for and was granted a building permit but was unaware of the 10 foot height restriction. The Petitioner also stated that the playhouse is on stilts which enables him to maintain the grass underneath. Mr. Krawiek, 1627 Dogwood, expressed his objection to this structure based on the fact that he considered it unsightly. Trustee Van Geem stated that he could support the play- house structure if the height was lowered to meet the permitted 10 foot height. Trustee Floros, seconded by Trustee Busse, moved to grant the request to allow the 13 foot high structure. Upon roll call: Ayes: Busse Nays: Arthur, Corcoran, Floros, Van Geem, Weibel Motion failed Trustee Weibel, seconded by Trustee Corcoran, moved to concur with the Zoning Board of Appeals and grant the request to permit 2 accessory structures on one lot. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. Trustee Corcoran, seconded by Trustee Weibel, moved to concur with the recommendation of the Zoning Board of Appeals and permit an 18" sideyard, rather than the required 5 feet. Upon roll call: Ayes: None Nays: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Motion failed. Inasmuch as the other requests were denied, the request to approve a one foot separation between structures was moot at this point. An Ordinance will be presented at the next regular meeting on April 3rd to permit two accessory buildings on one lot of record. ZBA 10-Vh91, 1715 Robbie Lane The Petitioner is requesting a variation .to allow ZBA 10-V-91 a driveway width of 28' 10" at the widest point to 1715 ROBBIE accommodate an existing patio. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. Page 5 - March 19, 1991 Trustee Busse, seconded by Trustee Weibel, moved to concur with the recommendation of the Zoning Board of Appeals to grant the variation requested in ZBA 10-V- 91. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. An Ordinance will be presented for first reading at the next meeting of the Village Board on April 3rd. ZBA 6-Z-91 ZBA 6-Z-91 and ZBA ll-V-91, 412-414 E. Rand Road ZBA ll-V-91 The Petitioner is requesting the following: 412-414 E.RAND 1. To rezone the subject property from R-1 to B-2 in order to construct an office building. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. 2. A variation to waive the required loading space. The Zoning Board of Appeals recommended granting this request by a vote of 5-1. 3. An amendment to the Comprehensive Plan to reflect General Commercial/Office zoning, rather than the R-1 Single Family. The Plan Commission recommended granting this request by a vote of 8-0. 4. A modification from the Development Code (Chapter 16) to waive the requirement to install street lights on Rand Road provided that a Restrictive Covenant is executed guaranteeing installation at a future date. The Plan Commission recommended granting this request by a vote of 8-0. The Petitioner stated that it is his intention to construct a 2-story building to house a real estate office and possible a mortgage company with 58 parking spaces. The Petitioner has met with the neighbors relative to this proposal. The following residents expressed their opinions on this request: Resident, 522 Hill Street Mrs. Dougherty, 520 Hill Street Gayle Reese, 526 Hill Street Resident, 504 Eastman Some of the concerns expressed by the neighbors are as follows: The entrance/exit (curb cut) should be on Rand Road, not Hill Street; Traffic congestion; Hours of operation; Berming should be provided between residential and the office building; There was discussion by the Village Board as to the appropriate location for the driveway - curb-cut. The Petitioner stated that it was his understanding that the Illinois Department of Transportation would not permit a driveway on Rand Road, however, either location would be acceptable. Page 6 - March 19, 1991 It was the opinio6 of the Village Board that the Petitioner should seek approval from IDOT to locate the driveway on Rand Road, however, if that approval was not granted then the project could proceed with the driveway on Hill Street. Trustee Busse, seconded by Trustee Weibel, moved to concur with the recommendation of the Zoning Board of Appeals and grant the rezoning requested in ZBA 6-Z-91. Upon roll call: Ayes: Arthur, Busse, Floros, Van Geem, Weibel Nays: Corcoran Motion carried. An Ordinance will be presented for first reading at the April 3rd meeting of the Village Board. Trustee Floros, seconded by Trustee Busse, moved to concur with the Zoning Board of Appeals and grant the variation requested in ZBA 11-V-91 and waive the required loading dock space. Upon roll call: Ayes: Arthur, Busse, Floros, Van Geem, Weibel Nays: Corcoran Motion carried. An Ordinance will be presented for first reading at the April 3rd meeting of the Village Board. Trustee Van Geem, seconded by Trustee Weibel, moved to concur with the recommendation of the Plan Commission and amend the Comprehensive Plan to reflect General Commercial/office zoning for the property located at 412-414 East Rand Road. Upon roll call: Ayes: Arthur, Busse, Floros Van Geem, Weibel Nays: Corcoran Motion carried. An Ordinance will be presented for first reading at the next Village Board meeting on April 3rd. Trustee Van Geem, seconded by Trustee Floros, moved to concur with the recommendation of the Plan Commission and grant the modification from the Development Code requiring the installation of street lights on Rand Road, provided e Restrictive Covenant is executed guaranteeing the installation of said street lights at a future date. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. An Ordinance will be presented for first reading on April 3rd as well as a Resolution authorizing execution of a Restrictive Covenant relative to street lights. Page 7 - March 19, 1991 ZBA 12-V-91 ZBA 12-V-91, 230-240 East Lincoln Street 230-240 EAST The Petitioner is requesting variations to allow a LINCOLN ST. 5 foot interior sideyard for a parking lot, rather than the required l0 feet; a 15 foot front yard for parking, rather than the required 30 feet; and, to waive the required loading space. The Zoning Board of Appeals recommended granting these requests by a vote of 6-0. The Petitioner noted that he would like to construct a one story office/warehouse building on this vacant lot. Due to the configuration of the lot, which is - narrow but deep, these variations are requested in order to have a viable building. Trustee Corcoran, seconded by Trustee Arthur, moved to concur with the recommendation of the Zoning Board of Appeals and grant the variations requested in ZBA 12- V-91. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. An Ordinance will be presented for first reading at the next meeting of the Village Board on april 3rd. ZBA 13-A-91 ZBA 13-A-91, Text Amendment TEXT AMENDMENT This text amendment proposes the height limitation for fences be increased from 5 feet to 6 feet as well as other text changes to clarify areas of the fence .regulations. The Zoning Board of Appeals recommended __ granting these amendments by a vote of 5-1. Members of the Village Board discussed the fact that the existing height of 5 feet was adequate and would not like to see 6 foot high fences throughout the Village as an accepted height. Michaele Skowron, member of the Zoning Board of Appeals, asked the Board to increase the height of fences to 6 feet, noting that all of the 19 requests for relief from the 5 foot limitation have been granted by the Zoning Board. Joanne Sarro, 8 North Edward, expressed her opposition to the proposal. Larry Magaman, 1305 Ironwood expressed his support for the 6 foot high fences noting that there is an existing 6 foot high fence in his neighborhood which was erected prior to incorporation into Mount Prospect. In order to replace the existing fence which is in disrepair, he and his neighbors would have to request a variation, pay a fee and go through the entire process. It was noted that the proposed text amendment includes increasing the height from 5 to 6 feet as well as other -- changes in wording for clarification purposes. Trustee Corcoran, seconded by Trustee Weibel, moved to concur with the recommendation of the Zoning Board of Appeals relative to increasing the maximum height of a fence from 5 feet to 6 feet. Upon roll call: Ayes: Weibel Nays: Arthur, Busse, Corcoran, Floros, Van Geem Motion failed Page 8 - March 19, 1991 Trustees Arthur and Van Geem left the meeting for a brief period at this point in the meeting. A request was presented for a field change to the Old FIELD .~-Orchard Lexington Development to permit townhomes and/ CHANGE: or manorhomes. It was noted that under the existing OLD ORCHARD Consent Decree, only manorhomes are permitted and LEXINGTON the developer would like the flexibility of offering DEVELOPMENT either type of dwelling unit. Trustee Busse, seconded by Trustee'Weibel, moved to grant the field change req~/ested to permit either manorhomes or townhomes to be built of the balance of the Lexington's development, Upon roll call: Ayes: Busse, Corcoran, Floros, Weibel Nays: None Motion carried. Trustees Arthur and Van Geem returned to the meeting at this point. The Lake Center Plaza Plat of Resubdivision was LAKE CENTER presented. This plat changes the configuration PLAZA of one lot within this development. The Plan RESUBDIVISION Commission recommended approving this resubdivision. Trustee Corcoran, seconded by Trustee Arthur, moved to authorize the Mayor to sign and Clerk to attest his signature on the Lake Center Plaza plat of resubdivision. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem,~Weibel Nays: None Motion carried. An Ordinance was presented for first reading that AMEND CH.16 would amend the language governing future Recaptures. RECAPTURES The Plan Commission recommended this amendment by a vote of 8-0. This Ordinance will be presented for second reading at the next regular meeting of the Village Board on April 3rd. An Ordinance was presented for first reading that AMEND CH.18 would amend Chapter 18 (Traffic Code) by adopting ADOPT STATE Chapter 95-1/2 "Illinois Vehicle Code" of the VEHICLE CODE State Statutes. Trustee Arthur, ~econded by Trustee Weibel, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. Trustee Arthur, seconded by Trustee Corcoran, moved ORD.NO. 4283 Page 9 - March 19, 1991 ORD.NO. 4283 Trustee Arthur, seconded by Trustee Corcoran, moved for passage of Ordinance No. 4283 AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC CODE) Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. CHA/~GE MEETING Mayor Farley noted that the next regular meeting of the DATE Village Board is April 2nd, election day. While there are no incumbents for Village Trustee running in this election, the Clerk's Office will be involved in gathering election results, therefore the regular meeting should be changed to April 3rd. Trustee Weibel, seconded by Trustee Busse, moved to change the date of the regular meeting of the village Board from April 2nd to April 3rd. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. REVIEW VILLAGE It was noted that Village Manager John Fulton Dixon had MANAGER his annual review in Executive Session on March 12th. -- Trustee Van Geem, seconded by Trustee Busse, moved to increase the Village Manager's salary by $4,200.00 per year and increase his car allowance by $25.00 per month. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. VILLAGE M~A~ER'B REPORT TAXI CAB SERVICE Village Manager John Fulton Dixon gave a status report REVIEW on the qualityof service offered by taxi cab companIes in the Village. It was noted that when this matter was discussed 3 months ago, in conjunction with a taxi cab fare increase, the service offered would be reviewed by the Village Board. Mr. Dixon noted that while there were some complaints on the quality of service, the overall service was within acceptable standards and he recommended the taxi cab fare increase remain in effect. Trustee Busse, seconded by Trustee Floros, move to retain the taxi cab fare increase adopted 3 months ago. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Weibel Nays: None Motion carried. Page 10 - March 19, 1991 r. Dixon stated that the refuse service contract REFUSE BIDS expires at the end of July. Bids were received and are being reviewed by staff. It was noted that there is a possibility that the Village could adopt a plan that permits one container per single family unit per week and residents would be charged for additional containers. This entire subject will be discussed during the Committee of the Whole meeting on March 26th. ~NY OTHER BUSINESS It was reported by the Cable T. V. Coordinator, Cheryl Pasalic, that TCI has sent notices to its customers that their rates will be increased as of July, 1991. The Village has not received notice of an increase, as required in the franchise agreement and Mrs. Pasalic will communicate that fact to TCI. ADJOURNMENT Mayor Farley declared the meeting adjourned at 11:43 P.M. Carol A. Fields Village Clerk Page 11 - March 19, 1991