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Home My WebLink About04/02/1974 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES April 2, 1974 CALL TO ORDER Mayor Teichert called the meeting to order at 8:25 P.M. INVOCATION Trustee Hendricks gave the invocation. ROLL CALL Present upon roll call: Anderson Gustus Hendricks Link Richardson Scholten Teichert APPROVAL OF MINUTES OF MARCH 19, 1974 Corrections of minutes: .Pg. 1 approval o~ minutes of March 5, 1974 - Trustee Link Passed. Pg. 6 - Under Judiciary Committee Report re HB12845 regarding "minimum" wagem instead of "municipal" wages, and change word to "suggested" that a telegram be sent to Representative Crane rather than "a~vised" and change "with" to "without" overtime provisions. trustee Rivhardson, seconded by Trustee Link, moved To ap- prove the minutes of March 19, 1974 as amended. Upon Roll call: Ayes: Anderson gustus Kendricks Link Richardson Schoten Motion carries. APPROVAL OF BILLS Trustee Scholten, seconded by Trustee Anderson, moved for approval of bills in the following amounts: General ......................... ....................$175,191.09 Parking System Revenue ........ - ..... .-.....-.... 77.96 Corporate Purposes Constr. 1973 .............. 1,575.00 Waterworks & Sewerage ...... Operation & Maintenance .................... 21,850.43 $198,694.48 Upon roll call: Ayes: Anderson Gustus Mendricks Link Richardson Gustus Motion Carried. COMMUNICATIONS~AND PETITIONS Mayor Teichert welcomed the 8th Grade government class from St. Raymond's School. Mrs. Jane C. Fetton, a resident ar 216 S. Pine St. objected to the all day parking in the 200 block of South Pine St. and requested a two-hour parking limit be imposed. The Village Manager suggested "No Parking until 10:00 A.M." be posted, and the administration would proceed with an over-all survey to be submitted to the Safety Comission. Mrs. Bertie Selllnger, 1103 Sycamore, objected to boulders on parkways which were sometimes rolled into the streets causing an automobile hazard. Referred to Public Works Committee. MANAGER'S REPORT Trustee Richardson, seconded by Trustee Hendricks, moved for passage of Resolution No. 7-74: A RESOLUTION AUTHORIZING A PERMIT APPLICATION TO THE ILLINOIS STATE DIVISION OF WATERWAYS FOR CONSTRUCTING A 12 INCH SANITARY FORCE MAIN UNDER HIGGINS CREEK Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion Carried. The Village Manager'reported on various Village programs and projects. A letter directed to Ms. Patricia Dennis, Federal Aid Administrator refunding options available for the Rob Roy Golf Course if it could be acquired by the Village, was discussed. Trustee Hendricks, seconded by Trustee Gustus, moved the Village Manager be directed to follow up on the Comprehensive Grant application program before the April 15th deadline with th& Illinois Depar~men~ of Conservation, specifically the open space program HB966. Upon roll call: Ayes: Hendricks Nays: Anderson Gustus Link Richardson Scholten Motion defeated. Further discussion followed, and Trustee Scholten, seconded by Trustee Gustus moved to call the meeting to order and continue with the agenda. Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion Carried. COMMITTEE. CHAIRMEN REPORTS BUILDING C(MMITTEE Trustee Link, seconded by Trustee Scholten, moved to waive the rules requiring two readings of an ordinance covering a variation for the National Fraternam Society of the Deaf- Case ZBA-12-V-Ta, locate~ at 1300 W. Northwest Highway. Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion carried. Trustee Link, seconded by Trustee Richardson, moved for passage of Ordinance #2494: AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY LOCATED AT 1300 WEST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion carried. Cases ZBA-26-Z-73 & ZBA-27-SU-73 (Rob Roy Country Club) were placed in Committee. Case ZBA-t0-V-74 J. Paladino Northwest corner of George and Evergreen - petition for granting a front yard requirement variation w~s read for first reading. Case ZBA-8-Z-74 and 9-V-74 Mount prospect State Bank Trustee Link, seconded by Trustee Scholten, moved for passage APRIL 2, 1974 of Ordinance ~2495: AN ORDINANCE AMENDING MAP 8-S 3F THE ZONING ORDINANCE OF THE VILLAGE 3F MOUNT PROSPECT (amending from R-1 to B-2.1) Upon roll call: Ayes: Anderson Gustus Hendrlcks Link Richardson Scholten Motion carried. Trustee Link~ seconded by Trustee Richardson, moved for ~assage of Drdinance ~2496: AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY SO ~ LOCATED THAT IT FRONTS ON THE SOUTH SIDE OF BUSSE ~- AVENUE AND ON EMERSON AND MAPLE STREETS (for bank building) Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion Carried. Messrs. Chris and Paul Samatas advised the Committee of tentative plans for opening a restaumant and banquet hall in the vacant A & P store at Main and Central. They plan ro completely remodel the s~rucnure to accommodate 450- 500 persons and will bring in further information at a later date. Mr. Arthur Kate advised the Committee of tenzative plans for a restaurant at the Golf Plaza Shopping Center at Golf and Busse'Roads. He requests a beer and wine license-~and would seat 65-75 persons. Further information will be supplied after ~iscussion with the Health Department. An ordinance increasing the number of Class L liquor licenseJ was presented with the intent to issue ~o Waterfall Restaunant but the Board was advised no~ act to create a license because the matter of a boundary agreement with Des Plaines had not been resolved the previous evenzng. JUDICIARY COMMITTEE Trustee Richardson reported on the wage and hour bills and home rule units whereby 30 ~rofessions and trades were added for licensing and regulation. Referred to the Finance Committee. Trustee Richardson reported the Judiciary Committee Studied the legality of the expansion of the Arlington Heights Vil- lage Board and the appointment instead of election of the Village Clerk. The Illinois Supreme Court upheld a circuit court decision which was considered a landmark decision con- cerning home rule-powere, and deals with the question of whether a home rule municipality can enact an ordinance which conflicts with State law. The Court ruled in favor of home rule units and the Judicial Committee Chairman stated the Village might see some activity in this area. PUBLIC HEALTH AND SAFETY COMMITTEE Trustee Hendricks, seconded by Trustee Anderson, moved to concur with the recommendation Df the Public Health and Safety committee and Village Engineer for the administration to install speed limit signs along East sunset road between Edward Street and William Street to he shown as 25 miles per hour. 'APRIL 2, 1974 Upon roll call: Ayes: .Anderson Gustus Hendrieks Link Richardson Scholten Motion Carried. Trustee Hendricks, seconded by Trustee Anderson, moved to request the Village Attorney to give a legal opinion regarding the penalty clause on the purchase of vehicle stickers and the purchase of vehicle stickers at a discount in a home rule community. Upon roll call: Ayes: Hendricks Nays: AndErson Gustus Link Richardson Scholten Motion defeated. Trustee Richardson reported the subject will be d~scussed at the next Finance Committee meeting. OTHER BUSINESS Trustee Link, seconded bY Trustee Richardson, moved to table Items 1, 2 and 3 on the agenda under "Other Business" to consider first Wheeling Trust & Savings Bank Case No. 79-L-12381 Brickman. Upon r011 call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion carried. Attorney Robert DiLeonardi represented the plaintiff in the proposed Agreed Order presented for consideration. The Billage Attorney read through the Agreed Order Item.by item so that those present would know the substance of the matter. Several objectors were present: Rits Botts, 1513 Park, Ben Herman, 1915 Yuma, Fred Scherhorn, 1517 Park, Kenneth Hanks, 1514 Park, Caroline Helms, 1501 Park, Bob Barry, 1516 Park, Lynn Phillips, 1515 Park, John Fletcher, 1511 Mura La., Tom Helms, 1501 Park, Bill Murphy, 1509 Park, Joan Parker, 1703 Park, Jack Monti, 1601 Park, Mrs. Jens, 1515 Mura. Trustee Richardson, seconded by Trustee Scholten, moved to authorize the Msyor and Attorney to enter into an Agreed Order in the case of Wheeling Trust and Savings Bank, Case No. 73-L~12381 (B~ickman, Planitiff.) Upon roll call: Ayes: Anderson Richardson Scholten Teichert Nays: Gustus Hendricks Link Motion Carried. Mayor Teichert ruled that a simple majority of four to three would be adequate to enter into the ~greed Order and'have outside c6uh~et_~puEsue~and res~a~ch.~nl, posture~whzch would be not as to the merits, but as To the procedure whether a simple majority vote by the Board, in view of the extraordinary majority re- quired in the zoning posture is adequate vo enmer into a Consent Order. Upon moll call: Ayes: Anderson Gustus Hendrioks Link RichardSon, Scholten Motion carried. The meeting recessed at 12:25 A.M. and resonvened at 12:35 A.M. Present upon roll call: Anderson Gustus Hendrioks Link Richardson Seholten Teichert APRIL 2, 1974 A plat of Jeanette's Subdivision, one lot west of Busse, south of Central, identified on Map 2S of the Zoning map as Lot E was presented. Trustee Richardson, seconded by Trustee Scholten, moved t¢ authorize the Mayor to sign and the Clerk to attest, pursuant to presentation of a performance bond. Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Schotten Motion carried. Water main easement plat for the 3ohn Jay School was ~re- sented. Trustee Anderson~ seconded by Trustee Link, moved to authorize the Mayor and Clerk to sign and attest the plat for the John Jay School water main easement. Upon roll call: Ayes: Anderson Gue~us Hendricks Link Richardson Scholten Motion carried. The plat of subdivision for the M~unt Prospect StaTe Bank was presented and trustee Scholten, seconded by Trustee Anderson moved to authorize the Mayor and Clerk to sign and attest, ~ubject to ~resentation of a performance bond. Upon roll call: Ayes: Anderson Gustus Hendricks Link Richardson Scholten Motion carried. The Village Manager requested ratification of his action in discharging the services of Beri Sewer Contractors and using Tremar, Inc. Trustee Hendricks, seconded by Trustee Link, moved to ratify the action of the Village Manager in termin- ating the purchase order to Bari Sewer Co. for sewer and water works being done on Mar~ella and Westgate Roads. Upon roll call: Ayes: Anderson Gustus Hendrlcks Link Richardson Scholten Motion carried. Trustee Richardson, seconded by Trustee Link, moved to authorize amounts to Tremar, Inc. to oomplete the work on Marcella and Westgate Roads. Upon roll call: Ayes: ' Anderson Gustus Ken'dricks Link Richardson Scho'lten Motion carried. The annexation ordinan~ or property generally located at the southeast corner of Briarwood Drive and Algonquin Road was read for first reading and the Clerk was requested to place it on the agenda of the next regular meeting for fiDal passage. An ordinance rezoning the above property from R-x to B-1 (Case ZBA-36-Z-T3) was read for first reading and the Clerk mas requested to place it on the agenda of the next meeting for final passage. An ordinance granting certain variations for the above property (Case ZBA-37-V-73) was read for first reading and the Clerk was requested to place it on the' agenda of the next regular meeting for final passage. An ordinance granting a special use for free-standing buildings on the above property (Case ZBA-4t-SU-73) was read for first reading and the Clerk was requested to place 1974 t on the agenda of the next meeting for final passage. An ordinance for ~nnexation of property a~ tha westerlymost village limits north and south of Algonquin Road was pre- sented for first re~ding and the Clerk was requested place it on the agenda ~f the next regular meeting for final passage. An ordinance rezoning a portion of The ~bove pmcperty from R-X to R-4 (Case ZBA-14-Z-73) was read for first reading and the Clerk was requested to place it on the agenda of the next regular meeting for final ~assage. An ordinance granting a s~ecial use in the nature of a PUD for t~e above property (Case ZBA-15-SU-73) was read for first reading and the Clerk was requested to place[ it on the agenda of the next regular meeting for final ~assage. COMMITTEE ANNOUN~EMENTS Judiciary Committee April llth - 7:30 P. Police & Fire April llth - 8:30-P. M. Bu[iding April 10th v:30 P~? M. Finance A~ril 15 - 7:30 P. M. Public Works April 3 - 7:30 P~ M. S~ecial Board Meeting April 9 -:30 PM Committee-of-the-Whole~ April 3 ADJ-OURNMENT Trustee Scholten~ ~econded b~ Trustee Gustus, moved the meeting be adjourned. Time: 1:15 A. DONALD W. ~OODMA~, Village Clerk