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HomeMy WebLinkAbout02/20/1990 VB minutes MINUTES OF THE REGUlaR MEETING OF THE i~.YOR ~ BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT FEBRUARY 20v 1990 CALL TO ORDER CALL TO ORDER Mayor Farley called the meeting to order at 7:30 P.M. ROLL CALL Present upon roll call: Mayor Gerald "Skip" Farley Trustee Ralph Arthur Trustee Mark Busse Trustee Timothy Corcoran Trustee Leo Floros Trustee George Van Geem Trustee Theodore Wattenberg INVOCATION The invocation was given by Trustee Busse. INVOCATION APPROVAL OF MINUTES Trustee Arthur, seconded by Trustee Corcoran, APPROVE MINUTES moved to approve the minutes of the regular meeting of the Mayor and Board of Trustees held February 6, 1990. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg 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 $ 725,143 Motor Fuel Tax Fund 22,509 Community Development Block Grant Fund 10,617 Illinois Municipal Retirement Fund 61,876 Waterworks & Sewerage Fund 356,221 Parking System Revenue Fund 1,983 Risk Management Fund 38,270 P.W. Facility Construction Fund A - P.W. Facility gonstruction Fund B - Capital Improvement, Repl. or Rep. Fund 4,129 Specia~ Service Area Const. #5 - Special Service Area Const. #6 Downtown Redev. Const. Fund (1985) 106,936 Downtown Redev. Const. Fund (1987) Corporate Purpose Improvement 1990 112,371 Debt Service Funds Flexcomp Trust Fund 13,696 Escrow Deposit Fund 28,426 Police Pension Fund Firemen's Pension Fund Benefit Trust Fund Upon roll call~ Aye?~ Arthur. B~s~~'. Corcoran~ Floros, Van Geem Nays: Wattenberg Motion carried. Page i - February 20, 1990 Trustee Wattenberg stated that he objects to the litigation and legal fees resulting from litigation relative to the solid waste site and therefore could not vote in favor of the bills. Trustee Wattenberg requested the administration to prepare an audit relative to legal bills. He also questioned whether competitive bids had been obtained prior to hiring lawyers. It was also requested by Trustee Wattenberg that the administration consider requesting a refund from the attorneys, that the conflicts be mediated, and that an opinion be requested as to the personal liability of those individuals authorizing an over-payment relative to legal fees. Trustee Floros, seconded by Trustee Van Geem, moved to accept the financial report dated January 31, 1990, subject to audit. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD CONFLICT OF Idyl Nipper, 1220 E. Cardinal Lane, noted that a INTEREST item on the agenda dealing with a request for rezoning for property at Rand & Euclid may be the subject of a conflict of interest for Trustee Wattenberg and requested that he abstain from voting on that matter. BUSSE SCHOOL Michael Moran, attorney for Suzuki School of Music PARKING PROBLEM located at the Busse School, requested further information as to the Village's intention to remove the parking area located in the parkway. Mayor Farley stated that the Busse School parking problem was listed on the agenda and that subject would be discussed later in the meeting. MAYOR'S REPORT RES. 12-90 Mayor Farley presented a Resolution incorporating the Constitution Bicentennial celebration with the July 4th parade by adopting the theme of "To Establish Liberty and Justice". Trustee Arthur, seconded by Trustee Busse, moved for passage of Resolution No. 12-90 A RESOLUTION IN SUPPORT OF THE CONSTITUTION BICENTENNIAL CELEBRATION Upon roll call: Ayes~ Arthur~ Busse, Corcoran, ffloros, Van Gee~, Wattenberg Motion carried. AMEND CH.13 An Ordinance was presented for first reading that would authorize the creation of a Class "W" liquor license for Mickey's Diner (Busse Avenue & Main Street). This Ordinance will be presented for second r~ading at the next meetin~ on March 6th. Page 2 - February 20, 1990 Mayor Farley stated that due to'the large audience CHANGE IN attendance, mainly to hear ZBA Case No. 10-Z-90, ORDER OF 11-SU-90 and 12-V-90 dealing with property at the BUSINESS corner of Rand Road and Euclid Avenue, the order of business listed on the agenda would be changed. ZBA l-V-90, 103 South Edward ZBA l-V-90 An Ordinance was presented for first reading that 103 S.EDWARD would permit a zero foot front yard and 4.8' side yard in order to locate a parking pad in the front yard. The Zoning Board of Appeals recommended denying these requests by a vote of 2-5. This Ordinance will be presented March 6th for second reading. ZBA 2-SU-90 and ZBA 3-V-90, 800 Kennicott Place ZBA 2-SU-90 An Ordinance was presented for first reading that ZBA 3-V-90 would grant a Special Use to permit a 3 car garage. 800 KENNICOTT The Zoning Board of Appeals recommended granting this request by a vote of 6-0. At the request of the Petitioner, Trustee Arthur, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Mo~ion carried. Trustee Arthur, seconded by Trustee Busse, moved for ORD.NO. 4145 passage of Ordinance No. 4145 AN ORDINANCE GRANTING A SPECIAL USE FOR PROPERTY COMe,ONLY KNOWN AS 800 KENNICOTT PLACE Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that would grant variations to permit a garage size of 704 square feet and a driveway width of 29' 6". The Zoning Board of Appeals recommended granting these requests by a vote of 6-0. At the request of the Petitioner, Trustee Arthur, seconded by Trustee Wattenberg, moved to waive the rule requ~.ring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. Trustee Arthur,, seconded by Trustee D~ss~, m~ved for ORDoNO~ ~146 passage of Ordinance No. 4146 AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 800 KENNICOTT PLACE Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg~ Nays: None Motion carried. Page 3 February 20, 1990 ZBA 4-V-90 ZBA 4-V-90, 1000 Na Wa Ta 1000 NA WA TA An Ordinance was presented for first reading that would grant a variation to permit a shed 10-1/2' in height, rather than the permitted 10 feet. The Zoning Board of Appeals recommended granting this variation. This Ordinance will be presented for second reading at the March 6th meeting. ZBA 9-V-90 ZBA 9-V-90, 4 North Pine 4 N. PINE ST An Ordinance was presented for first reading that would grant variations to permit a 3.5 side yard instead of the required 5 feet and a 23 foot front yard instead of the required 30 feet. The Zoning Board of Appeals recommended granting the front yard variation by a vote of 7-0 but unanimously voted to deny the side yard variation. This Ordinance will be presented March 6th for second reading. ZBA 10-Z-90, ZBA 10-Z-90, ZBA ll-SU-90 and ZBA 12-V-90 ZBA ll-SU-90 & Rand Road and Euclid Avenue Shopping Center ZBA 12-V-90 The Petitioner is requesting rezoning from R-X RAND & EUCLID to B-1 to permit a shopping center; a Special Use to permit a Planned Unit Development; and, a variation to allow a 20 foot periphery yard instead of the required 30 feet. The Zoning Board of Appeals recommended denying this request by a vote of 7-0. The Petitioner noted that this is a 9 acre parcel, bordered by Rand Road and Euclid Avenue and backing up to 5 single family homes. A similar proposal was presented to the Village last year and was denied. This proposal reduces the square footage of the shopping center by 8,000 sq. ft. It was noted that the proposed shopping center would be buffered from the single family homes. Witnesses were presented by the Petitioner who testified that this shopping center would.not adversely effect property values of the surrounding homes and that, from a planning point of view, this location is appropriate for this type of use. It was also stated that the Village would benefit through increased property taxes and sales tax, with the projection of approximately $300,000 to the Village. Mention was also made that the Village had retained consultants and they too stated that this proposed shopping center would be an appropriate use at this location. The Petitioner also stated that all storm water would be retained on the site and would not effect the neighbors. Jane Conradv 1002 North Pr~,srect Manors spoke on behalf of the residents ~ .......... ~.. ~.~-~..~.9 ~.h~r opposition to this noted that the Village ha~ com~itment to the residents of the area some years ago, in conjunction with the defense of a law suit proposing a commercial use on a portion of the subject property, that the Village would oppose commercial zoning in this area. Otherconcerns expressed by Mrs. Conrad and residents included -, increased traffic, their opinion that another shopping center is not needed in the area, and their desire to maintain the residential character of the area. Page 4 - February 20, 1990 Mrs. Conrad noted that petitions had been filed with the Village Clerk, pursuan= to the requirements of Chapter 14, which would require a majority of the Board to vote in favor of this project in order to secure approval. Copies of petitions with 1,700 signatures were also presented in opposition to this proposal. Inasmuch as Trustee Wattenberg is the attorney for one of the property owners being the subject of this proposal, Mayor Farley requested Trustee Wattenberg to refrain from voting since it would be deemed a conflict of interest. Several members of the Board stated that while they feel this would be a quality development, they could not support the location. Trustee Arthur, seconded by Trustee Corcoran, moved to concur with the recommendation of the Zoning Board of Appeals to deny the rezoning being the subject of ZBA 10-Z-90. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros Nays: Van Geem Motion carried. Inasmuch as the rezoning request failed to receive approval, the requests being the subject of ZBA ll-SU-90 and ZBA 12-V-90 are deemed denied. Mayor Farley called a brief recess at this point in the meeting, 11:15 P.M. The meeting was reconvened at 11:25 P.M. Present upon roll call: Mayor Farley Trustee Arthur Trustee BusSe Trustee Corcoran Trustee Floros Trustee Van Geem Trustee Wattenberg Mayor Farley p~esented an Ordinance for first reading BUSSE SCHOOL that would amend Chapter 18 (Traffic Code) by prohibiting parking on Henry Street between Owen and William Street~, on both sides of the street. It was noted that the Village Board had proposed prohibiting parking on the asphalt parkway on Henry Street by moving the parking bumpers to the curb area and prohibiting parking on the Henry Street. Michael Moran~ attorney for Suzuki School, stated that t~e proposal would create a problem for both Suzuki School and the Creative Academ~ since 36 pax'king spaces would b~ eliminated without provi~in9 spaces else%.~he)?e. He also ~tated that the proposed action would create more of a hazardous condition that the one deemed under the existing conditions. Numerous parents of students at this location spoke in opposition to the proposal. It was noted by Mayor Farley that the property is owned by the Mount Prospect Park District and the Village is attempting to resolve the problem. It was the consensus of opinion among the Village Board members that one final Page 5 - February 20, 1990 meeting should be held whereby everyone interested in this subject, including residents of the area, Park District officials, officials from the Suzuki and Creative Academy should be in attendance in order to resolve this problem. Mayor Farley stated that such a meeting would take place on Saturday, March 10th at 11:00 A.M. in the Senior Citizen Center. Notices will be sent announcing this meeting. Coffee with Council, normally held on this morning will be held from 10:00 to 11:00 A.M. at the Village Hall and then the Busse School meeting will begin. OLD BUSINESS PATE SUBDIVISION The Pate Subdivision, 1000 Cardinal Lane. The subject property is a parcel of land at the west end of Wildwood Lane. The developer proposed the creation of 7 lots of record for single family homes. Also requested, in conjunction with this development are modifications from the Development Code to eliminate the sidewalks on the proposed cul de sac, a cul de sac exceeding the permitted length, parkway trees, and a modified request to permit a pavement width of 23 feet, instead of 297. This matter was continued from previous meetings in order to work out various details of development. The administration has worked with the developer in a effort to reach an agreement as to the improvement of Wildwood Lane at an acceptable width and to determined the method and responsibility of payment for certain roadway improvements. It was determined that since Wildwood Lane is presently 13 feet wide and the fact that there are utility __ easements to the north, preventing additional width, the improved width would be 23 feet. The developer will install water mains along Wildwood Lane and provide the improved roadway for the 2 lots closest to the propos.ed subdivision, all of which would be the subject of a recapture for the developer. The developer will also make a cash contribution of $11,800, which is the difference between the 23' wide street instead of the normal 29' width and one street light. The Village will install the street for the balance of Wildwood Lane east to Westgate Road. The property located on the southwest corner of Wildwood and Westgate is not included in this improvement. It was also noted that as the vacant properties are developed sidewalks will be installed as required and for the existing property, the Village will install the sidewalks. Mr. Ed Labuz, 1215 Wildwood Lane, asked various questions regarding this development~ noting that he is the only resident on Wildwood Lane. Mro Labuz had no objection to thi~ amended, proposal° Trustee Co,torah, seconde~ by Trustee Busse, moved to grant the modifications from the Developmen't Code as requested in conjunction with the proposed Pate Subdivision. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. Page 6-- February 20, 1990 Mt. Plaines Animal Hospital, 888 E. Northwest Highway MOUNT PLAINES An Ordinance was presented for second reading that ANIMAL would waive certain requirements of the Development HOSPITAL Code (Chapter !6) relative to sidewalk width and 888 NORTHWEST method of detaining storm water. HIGHWAY Trustee Corcoran, seconded by Trustee Busse, moved ORD.NO. 4147 for passage of Ordinance No. 4147 AN ORDINANCE GRANTING MODIFICATIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) OF THE VILLAGE CODE FOR PROPERTY CDMMONLY KNOWN AS 888 EAST NORTHWEST HIGHWAY Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Wattenberg Nays: None Motion carried. Trustee Van Geem left the meeting briefly and was absent for this vote. ZBA 81-Z-89 and ZBA 82-SU-89, Southwest corner of ZBA 81-Z-89 Elmhurst & Algonquin Roads (Rogers Subdivision) ZBA 82-SU-89 The Petitioner is requesting rezoning from B-3 to ROGERS SUB. I-l; a Special Use in the nature of a Planned Unit Development consisting of 3 office/warehouse buildings; an amendment to the Comprehensive Plan to allow industrial/office rather that the existing commercial/office designation; approval of the Roger's Plat of Subdivision, creating one lot of records; and, a request from the Development Code to permit storm water detention in the loading dock areas. It was the recommendations of both the Plan Commission and Zoning Board of Appeals to grant the respective requests. The Petitioner noted that the proposal is to construct a commercial park with 114,000 square feet of office/industrial use on the 7.44 acre site just south of Algonquin Road on the west side of Elmhurst Road. Trustee Arthur, seconded by Trustee Corcoran, moved to concur with the recommendation of the Zoning Board of Appeals to grant the rezoning request being the subject of ZBA 81-Z-89. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenber9' Nays~ None Motion carried. Trustee Corcoran, seconded by Trustee Arthur, moved to concur with the ~'ecommendation of the Zoning Board of Appeals and grant the Special Use in the nature of a Planned Unit D~velop~ent~ being '~ '~ .~ ZBA 82-SU~89. ~Upon roll cail~-Ayes: Arthur, Busse~ c~rcoran, Fioros, Van Geem, Wattenberg Nays: None Motion carried. Trustee Corcoran, seconded b~ Trustee Arthur, moved to concur with the recommendation of the Plan Commission Page 7 - February 20, 1990 and grant the modifications from the Development Code as requested for the Rogers Subdivision. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. ROGER'S SUB. Trustee Corcoran, seconded by Trustee Arthur, moved to authorize the Mayor to sign and Clerk to attest his signature on the Roger's Plat of Subdivision. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. NEW BUSINESS LAKE CENTER An Ordinance was presented for first reading that would PLAZA amend Ordinance No. 4029, to extend the effective date of that Ordinance for one additional year - to March 1991. At the request of the Petitioner, Trustee Corcoran, seconded by Trustee Van Geem, moved to waive the rule requiring two r~adings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. ORD.NO. 4148 Trustee Corcoran, seconded byTrustee Arthur, moved for passage of Ordinance No. 4148 -- AN ORDINANCE AMENDING ORDINANCE NO. 4029 Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. ZBA 8-SU-90 ZBA 8-SU-90, Plaza United, Algonquin, Busse, PLAZA UNITED Dempster BUSSE & ALGONQUIN The Petitioner presented a request for a Special Use to permit an auto service operation in a B-3 District. The Zoning Board of Appeals recommended denying this request by a vote of 3-2. The proposal is to permit the sale and installation of cellular car phones in this shopping center. An overhead door would be installed in the rear of the building for installati¢,n of the phone. It was noted that no vehicle would remain overnight and this restriction would bE mad~ ~ part of the Ordinance.~ T~ste~ A~thu~, s~c~ by ~rustee Wattenb~rg, moved to grant th~ Spatial Use request in ZBA 8~SU~90. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van .Geem, Wattenberg Nays: None Motion carried. An Ordinance will be presented March 6th. VILL4%GE MANAGER'S REPORT BID: Village Manager John Fulton Dixon presented the Page 8 February 20, 1990 ollowing bid results for the demolition of the DEMOLITION Village owned property located at 25 S. Main Street: 25 S.MAIN ST. Bidder Amount Albrecht Enterprises $11 340.00 U. S. Dismantlement Corp. $18 848~00 Demolition & Development Co. $21 640.00 J. F. Hauling Co. $22 000.00 Midwest Wrecking Co. $28 674.00 Robinette Demolition Co. $29 200.00 Martam Construction $39 000.00 Trustee Arthur, seconded by Trustee Corcoran, moved ALBRECHT to concur with the recommendation of the administration ENTERPRISES and accept the low qualified bid submitted by Albrecht Enterprises in the amount of $11,340 for the demolition of 25 South Main Street. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. The Village Manager stated that the demolition would take place within the next couple of weeks. Mr. Dixon requested the Board to waive the bidding YARD WASTE procedure and authorize an expenditure of $8,730.00 BROCHURE to have an information brochure printed and distributed to the residents dealing with yard material collection. These brochures will be mailed in early March. The following quotes were secured for the printing stuffing and mailing of these packets: V & G Printers $ 8,730.00 R-Printing Co. $11,096.00 Trustee Corcoran, seconded by Trustee Arthur, moved to V & G PRINTERS waive the bidding procedure and authorize an expenditure of $8,730.00 to V & G Printers for the printing, stuffing and distribution of this material to every resident in the Village. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. VILLAGE OWNED Mr. Dixon noted that the tenants occupying the Village PROPERTY owned property at 1 South Pine have vacated the property i S. PINE ST. and rather than leave the 2-flat empty, that building will also be demolished at the same time as 25 So Main Street, which should be within the next few weeks. kwh, OTHER BUSi~S~ None. ADJOURNF~ Trustee Corcoran, seconded by Trustee Wattenberg, moved to adjourn the meeting. Upon roll call: Ayes: Unanimous Motion carried. The meetin~ was adjourned at 1:27 A.M. /~3 . ~ ~J~ Caro~ A~. Fields, Village Clerk Page 9 - February 20, 1990