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HomeMy WebLinkAbout09/06/1977 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES September 6, 1977 CALL TO ORDER Mayor Krause called the meeting to order at 8:03 P.M. INVOCATION The invocation was given by Trustee Minton. ROLL CALL Present upon roll call: Krause Floros Hendricks Minton Murauskis Richardson Wattenberg APPROVAL. OF MINUTES OF REGULAR MEETING, AUGUST 16, 1977 Trustee Wattenberg, seconded by Trustee Minton, moved for approval of the minutes of the regular meeting held Augmst 16, 1977. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Minton, moved to approve the following bills: General $444,078.99 Parking System Revenue 3,181.55 Motor Fuel Tax 12,033.93 Corporate Purposes Const.1974 2,735.40 Waterworks & Sewerage Depr. ImPr., & Ext. 20,149.77 Operation & Maintenance 58~419.52 $540,599.16 Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. COMMUNICATION & PETITIONS - CITIZENS TO BE HEARD Robert D. Teichert, attorney for the petitioner in ZBA Cases 16-Z-77, 17-V-77, and 18-SU-77, presented a request for re-consideration on these cases. Following a presentation by Mr. Teichert and Mr. B. U. Hewitt, and discussion by the Village Board, Trustee Hendricks, seconded by Trustee Minton, moved for re-consideration of the vote in Case No. ZBA 18-SU-77. Upon roll.call: Ayes: Hendricks Minton Richardson Wattenberg Nays: Floros Murauskis Motion carried. Trustee Wattenberg, seconded by Trustee Minton, moved to waive-the Robert's Rules of Order in order to amend the motion on the floor, which motion was to concur in the recommendation of the Zoning Board of Appeals and grant the special use requested to allow 96 units to be built on that property being the subject of ZBA Case No. 18-SU-77. Pg. 1. ~.-6-77 Upon roll call: Ayes: Floros Minton Wattenberg Krause Nays: Hendricks Murauskis Richardson Motion carried. Trustee Floros moved to amend the motion on the floor to reduce the density to 88 units under a Planned Unit Development. Upon lack of a second to that motion, the motion to amend failed. Trustee Wattenberg, seconded by Trustee Minton, moved to concur with the recommendation of the Zoning Board of Appeals and grant the requested special use in ZBA Case No. 18-SU-77. Upon roll call: Ayes: Hendricks Minton Richardson ~ Wattenberg Nays: Floros Murauskis Krause Motion carried. Ralph Arthur, 14 W. Hiawatha, approached the Board on the subject of Weller Creek. Mr. Arthur noted that surveyors had been surveying that Creek in order to ascertain possible elevation of that area, and requested that a public hearing would be held before any action would be taken on such a project. Village Manager Eppley noted that such a study was being made and assurances were given that public hearings would be held before any such project be undertaken. Mr. Eppley also noted that if such a project would be undertaken, it would be at a later date. Mr. Leonard Larson, 804 Cathy Lane, read a prepared statement in opposition to increasing the tax levy. Mayor Krause indicated that a full discussion of the proposed tax levy increase would take place later in the evening. MANAGER'S REPORT Village Manager Eppley requested ratification of the award to W. H. Lyman of the contract for 24" sanitary sewer connection being the low bidder at $79,993.75. Trustee Wattenberg, seconded by Trustee Minton, moved to ratify the action taken by the Village Manager in awarding this contract to W. H. Lyman. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardso~ Wattenberg Motion carried. Trustee Richardson, seconded by Trustee Minton, moved to authorize the Mayor to sign and Clerk to attest the contract with W. H. Lyman. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Minton, seconded by Trustee Richardson moved to accept the low bid of J. A. Johnson Paving Company of $20,67~.25 for the improvement to the Village Square Parking Lot, and authorize the 'Mayor to sign and Clerk to attest said contract. Pg. 2 9-6-77 Upon roll call: Ayes: Floros Hendricks Minton ~Mura~skis~Richardson Wattenberg Motion carried. Mr. Eppley noted that bids had been opened for 2 parcels of property to be sold with the proceeds to go to the Water Fund. Trustee Floros, seconded by Trustee Murauskis, moved to acknowledge the high bid of Loras, Inc. of $21,550 and ," authorize the Village Attorney to draft a contract with Loras, as well as an ordinance to accomplish the sale of this lot (~10 N. Stratton). Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Minton, seconded by Trustee Murauskis, moved to acknowledge the high bid of R & C Contractors of $16,500 and authorize the Village Attorney to draft a contract with R & C Contractors, as well as an ordinance to accomplish the sale of this lot (~09 N. William). Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. The Village Attorney noted that a signed offer with earnest ,-, money had been received from Loras, Inc. and when J & C Contractors submits their signed offer with earnest money, the other bidders will be notified they were not the' high bidders. Mr. Eppley presented a Resolution which would allow the Village of Mount Prospect to participate in a public auction to be conducted by the Northwest Municipal Conference in disposing of surplus equipment. Trustee Minton, seconded by Trustee Richardson, moved for passage of Resolution No. 32-77 A RESOLUTION AUTHORIZING THE SALE BY PUBLIC AUCTION OF PERSONAL PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. MAYOR'S REPORT ~ Mayor Krause read a Proclamation proclaiming October 8, 1977, as ~ational Cancer Day in the Village of Mount Prospect. Mayor Krause presented An Ordinance Providing for Procedures for Advisory Referenda and An Ordinance Providing for the Submission to Certain Voters of the Village of Mount Prospect, Cook County, Illinois, of An Advisory Referendum on Questions of Public Policy Respecting the Proposed Acquisition of the Assets of a Private Water and Sewer Utility. These questions were proposed to be put to the residents of the area in conjunction with the proposed referendum for the library on October l, 1977. P g. 3. 9-6-77 The Mayor gave a brief history of the subject of acquiring the Citizens Utilities Company. Trustee Richardson requested additional time be given in order for the residents in that area to become fully aware of the issue involved. Trustee Wattenberg and Trustee Floros expressed their opinions in favor of postponing this matter to a later date. Trustee Minton and Trustee Murauskis noted that the purchase price is increasing by the day if additional time would be allowed. The following citizens spoke in favor of postponing the referendum relative to the question of acquiring the Citizens Utilities Company: Don Wiebel, 1833 Tanm Lane Joan Hassey, Marie Caylor, 1308 Pima Lane Mary Stembridge, 600 Greenwood The following citizens expressed their opinion in favor of having the question brought before the people at this time. Cheryl Fredericks, 948 Quince Lane Sara Rassmussen, 1804 Azalea Lane Charles Barnthouse, 1901 Hopi Lane Bernard Kerstein, 1815 Apache Lane Mr. Louis Muno, 1806 Basswood Lane, expressed his opinion against having the referendum and against purchasing Citizens Utilities water system. The Village Board discussed the possibility of holding a referendum relative to acquiring Citizens Utilities to a date certain. Upon further discussion, it~was the consensus of the Board to refer the matter to the Public Works Committee with a report to be made back to the Mayor and Board of Trustees at the first meeting in December. Depending upon the Public Works Committee study, such a referendum could be s~heduled for early 1978. Trustee Richardson, seconded by Trustee Minton, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Minton, seconded by Trustee Richardson, moved for Dassage of Ordinance No. 2737 AN ORDINANCE CALLING AN ELECTION TO SUBMIT TO THE ELECTORS OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THE QUESTION OF INCREASING THE ANNUAL LIBRARY TAX RATE FROM 0.15% TO 0.284%. Upon roll call: Ayes: Ftoros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Pg. 4 9-6-77 Trustee Minton, seconded by Trustee Richardson, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Minton, seconded by Trustee Richardson, moved for passage of Ordinance No. 2738 AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE VOTERS OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, OF THE QUESTION OF ISSUING $850,000 PUBLIC LIBRARY BONDS AT AN ELECTION TO BE HELD IN AND FOR SAID VILLAGE ON THE 1ST DAY OF OCTOBER, t977. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson WattenberE Motion carried. COMMITTEE REPORTS BUILDING COMMITTEE Trustee Hendricks reported that ZBA Case No. 26-SU-77 would be heard at the next Building Committee meeting as requested by the petitioner. Trustee Hendricks reported that the Building Committee did review ZBA Case No. 12-V-77, which case was a request for a front yard variation for property located at the Northwest corner of Milburn Avenue and Mount Prospect, Road - 222 S. Mount Prospect Road, Trustee Hendricks, seconded by Trustee Minton, moved for the Mayor and Board of Trustees concur in the recommendation of the Zoning Board of Appeals and the Building Committee and grant the requested variation. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Minton, moved to waive the rule requiring two readings of'an ordinance (relative to ZBA Case No. 12-V-77) Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee HendriCks, seconded by Trustee Minton, moved for passage of Ordinance No. 2739 (ZBA Case No. 12-V-77) AN ORDINANCE GRANTING A FRONT YARD VARIAION FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MILBURN AVENUE AND MOUNT PROSPECT ROAD Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Pg. 5 9-6-77 Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Upon preparation of a plat of subdivision and the approval of said plat by the Planning Commission and Board of Trustees, the Village Attorney will draft the necessary ordinance granting the requested variation. The Building Committee Chairman then reported on ZBA Case No. 33-Z-77, 203 E. Rand Road, which was a request for re-zoning from B-2 to B-3. Trustee Hendricks, seconded by Trustee Wattenberg, moved for the Mayor and Board of Trustees to concur in the recommendation of the Zoning Board of Appeals and the Building Committee and grant the requested re-zoning. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Minton, moved to waive the rule.requiring two readings of an ordinance (ZBA Case No. 33-Z-77) Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Wattenberg, moved for pass~ge of Ordinance No. 2741 (ZBA Case No. 33-Z-77) AN ORDINANCE AMENDING MAP 16-N OF THE ZONING ORDINANCE OF MOUNT PROSPECT Upon roll call: Ayes: Fioros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. ZBA Case No. 19-SU-77, Northwest corner of River and Kensington, was continued to the next meeting of the Building Committee, September 14, 1977. It was reported that the Notice of Hearing in ZBA Case No. ll-Z-77 had been re-published and since the Board of Trustees had concurred with the Building Committee's recommendation to grant the'~requested re- zoning at a previous meeting, subject to proper publication, this case was brought to the Board ~or action. Trustee Hendricks, seconded by Trustee Minton, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Floros Hmndricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 2742 (ZBA Case No. ll-Z-77) AN ORDINANCE AMENDING MAP 8-S OF THE ZONING ORDINANCE OF MOUNT PROSPECT Pg. 6 9-6L77 Motion carried. The Building Committee had~e~e~ZBA Case Nos. 29-Z-77 and 30-V-77. Under Case No. 29-Z-77 a request for re-zoning from R-X to R-l, for property located at the southeast corner of Lincoln and Meier Road (Karen's Subdivision). Trustee HendrickS, seconded by Trust~ee Wattenberg, moved for the Mayor and Board of Trustees to concur in the recommendation of the Zoning Board of Appeals and the Building Committee and grant the requested re-zoning in Case No. 29-Z-77. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee~Hendricks, seconded by Trustee Minton, moved for the Mayor and Board of Trustees to concur in the recommendation of the Zoning Board of Appeals and the Building Committee and grant the requested variation in ZBA Case No. 30-V-77. Upon roll call: Ayes: F10ros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an ordinance (ZBA Case 29-Z-77) Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Hendricks, seconded by Trustee Minton, moved for pass~ge of Ordinance No. 2740 AN ORDINANCE REZONING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LINCOLN AVENUE AND MEIER ROAD FROM R-X TO R-1 (Maps ll-S) Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. An ordinance granting the variation requested'in ZBA Case No. 30-V-77 would be drafted by the Village Attorney for the next Board meeting. Trustee Hendricks reported on ZBA Case No. 31-V-77, 101 S. Elm, which case was a request for a variation in order to subdivide that lot. The petitioners presented their case to the Building Committee in an' effort to determine whether the request would meet with a favorable vote, in which case they would proceed to the Planning Commission with a plat resubdividing the subject property. Trustee Hendricks, seconded by Trustee Minton, moved for the Mayor and Board of Trustees to concur with the recommendation of the Zoning Board of Appeals and the Building Committee to grant the requested variation. Pg. 7 9-6-77 UDon.~oll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. FINANCE COMMITTEE Trustee Floros reported that the Finance Committee indicated support of the Business District Development and Redevelopment Commission in the downtown beautification program. Pursuant to-the request of the petitioner, the Finance Committee will,report out on the request of Don's Fish Market for a 4:00 A.M. liquor license at the next Millage Board meeting. Trustee Floros, seconded by Trustee Murauskis, moved for passage of Resolution No. A RESOLUTION MAKING CERTAIN APPROPRIATION TRANSFERS WITHIN THE ANNUAL BUDGET ADOPTED FOR FISCAL 1977-78. Mayor Krause noted that the transfers contained in the proposed Resolution were in the area of Police Pension Funds, Eiremen's Pension Funds, and $?00 in the Legal Department relative to the Brickman Law Suit. Trustee Richardson stated that he would have to vote nay on this Resolution because of the $?00 item. Robert Do Teichert approached the Board and read a legal opinion rendered by Attorney Louis Ancel, at the request of Mr. Teichert,relative to the pending reimbursement of legal fees to the intervenors in the Brickman Law Suit~ Mr. Teichert urged the Board not to approve the proposed $700 budget transfer. Mr. Patrick Link, 2022 Woodview Drive, and Mr. Edward Rhea, 182B Palm Drive, also requested the Board not to approve the budget transfer relative to the Brickman Law Suit. Trustee Richardson, seconded by Trustee Hendricks, moved to amend the proposed resolution and eliminate the $?00 item being transferred under the 050-Legal Department. Upon roll call:' Ayes: Richardson Hendricks Nays: Minton Murauskis Wattenberg Floros Motion failed. Mayor Krause called the motion on floor for passage of Resolut±on No. BY-?? for a vote. Upon roll call: Ayes: Minton Murauskis Wattenberg Floros Krause Nays: Richardson Hendricks Motion carried. Trustee Floros, seconded by Trustee Minton, moved for Board concurrence with the Finance Committee's report to approve the proposed'tax levy. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Pg.8 9-6-77 Trustee Floros, seconded by Trustee Minton, moved to waive the rule requiring two readings of an ordinance for the purpose of adopting a new tax levy ordinance. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Floros, seconded by Trustee Minton, moved for passage of Ordinance No. 2?43 AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSE OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY l, 1977 AND ENDING APRIL 30, 1978. Upon roll call: Ayes: Floros Hendricks Mi~nton Murauskis Wattenberg Nays: Richardson Motion carried · PUBLIC WORKS COMMITTEE Trustee Richardson reported that the Public Works Committee had reviewed the pavement evaluation program. This study would involve testing 200 miles over a four year period, 25 miles of which would be conducted the first year by Novak, Dempsey & Associates, Inc. at a cost of $20,000 tb be paid out o~ MFT funds Trustee Richardson, seconded by Trustee Minton, moved for concurrence with the Public Works Committee's recommendation to undertake the pavement evaluation program. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. Trustee Richardson, seconded by Trustee Minton, moved for passage of Resolution No. 33-77 and authorize the Village Clerk to sign same. A RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE which resolution would appropriate $20,000 of MFT funds for the pavement evaluation program. Upon roll call: Ayes: Floros Hendricks Minton Murauskis Richardson Wattenberg Motion carried. OTHER BUSINESS An Ordinance Revising the Water Rate Schedule having had first reading at the August 16, 1977, Village Board meeting, Trustee Murauskis, seconded by Trustee Minton, moved for passage of Ordinance No. 2744. AN ORDINANCE REVISING THE WATER RATE SCHEDULE Pg. 9 9-6-77 pon roll call: Ayes: Floros Hendrlcks Minton Murauskis Richardson Wattenberg Motion carried. An Ordinance Amending the Traffic Code was presented for first reading. Trustee Minton, seconded by Trustee Richardson, moved to waive the rule requiring two readings of an ordinance (ZBA Case No. 32-V-??) Upon roll call: Ayes: Floros Hendricks Minton Richardson Wattenberg Nays: Murauskis Motion carried. Trustee Hendricks, seconded by Trustee Minton, moved for passage of Ordinance No. 2745 AN ORDINANCE AMENDING ORDINANCE NO. 2414, ORDINANCE NO. 2344 AND ORDINANCE NO. 2278, PROVIDING AN AMENDED SITE PLAN FOR THAT PLANNED UNIT DEVELOPMENT OF PROPERTIES COMMONLY KNOWN AS HUNTINGTON ESTATES Upon roll call: Ayes: Floros Hendricks Minton Richardson Wattenberg Nays: Murauskis Motion carried. ITEMS TO BE REFERRED ZBA Cases 36-V-77, 38-V-77, and 39-V-77 were referred to the Building Committee The proposed flood plain ordinance submitted by the Drainage and Clean Streams Commission was referred to the Public Works Committee. COMMITTEE ANNOUNCEMENTS Trustee Hendricks announced the Building Committee would hold the regular meeting of that Committee on September 14th and would hear ZBA Cases 19-SU-?7, 26-SU-77, 36-V-77, ~8-V-77, and 39-V-?? at that time. The Finance Committee and Judiciary Committee would have no meeting in September. The Public Health & Safety Committee would meet September 8th, and the Public Works Committee would be September 15th. FOR INFORMATION ONLY A letter from Mr. Teepe of DAMP requesting engineering funds was referred to the Finance Committee ADJOURNMENT Trustee Richardson, seconded by Trustee Hendricks, moved to adjourn the meeting. Upon roll call: Ayes: Floros Rendricks Minton Murauskis Richardson Wattenberg Motion carried. The meeting was adjourned at 12:06 A.M. Donald W. Goodman Pg. 10. 9-6-77