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HomeMy WebLinkAbout04/22/1975 VB minutes MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES April 22, 1975 Special meeting of the Mayor and Board of Trustees of the Village of Mount Prospect called by Mayor Teichert on Friday, April 18, 1975 pursuant to Chapter 2 "The Board of Trustees"~Section~2.103 "Meetings" as speci- fied in the Municipal Code of Mount Prosoect. CALL TO ORDER Mayor Teichert called the meeting to order at 8:05 PM INVOCATION Trustee Richardson gave the invocation. ROLL CALL Present upon roll call: Anderson Caylor Gustus Hendricks Richardson Scholten Teichert APPROVAL OF MINUTES OF APRIL l, 1975 Trustee Caylor, seconded by Trustee Hendricks, moved to approve the minutes of the regular meeting held April 1, 1975 as submitted. Uoon roll call: Ayes: Anderson Caylor Gustus Hendr~cks Scholten Pass: Richardson Motion carried. APPROVAL OF BILLS General ............................... $354,247.71 Parking ~em R~enu~ .................. - ~ 232.68 -- Waterworks & Sewerage Bond & Interest ...................... 153,706.25 Depr., Impr., & ~]..]: ............ 13,420.08 Operation & Maintenance ..................... 41,326.46 $562,933.18 Trustee Scholten, seconded by Trustee Richardson, moved for approval of the above bills as submitted~ Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Scholten, seconded by Trustee Richardson, moved to approve the financial report for MaYch, 1975 subject to audit. Upon roll call: Ayes: Anderson Caylor Gustus Hendrid~ Richardson Scholten Motion carried. COMMUNICATIONS AND PETITIONS Leonard Ja§larski, Vice President of the Combined ~6un~ies Police Association, appeared before the Board to request reopening of negotiations with the Police Department and let the e~i~ting contract, expiring May 1, 1975, continue until another contract is signed. Trustee Hendricks, seconded by Trustee Gustus, moved that negotiations be re-opened, or c~ntinued, with the Police Department ~nd that the existin~ contract be continued until such new contmact is §igned with the union. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Pg. 1 4-22-75 Motion carried. Jonn W. A. Parsons, Director of the Modnt Prospect Library, talked about the construction of the new library and re- LIBRARY quested the Village Board to permit the Library Board BIDS to put the plans of the library:building out for bid, sub- ject to the Village Engineer's aooroval of the plans. Trustee Gustus, seconded by Trustee Scholten, mo~ed the Village Board authorize the~Library Board to put out speci- fications for bid on the proposed'new library, subject to plans being approvea by the adm~nistration~ Upon roll call: Ayes: Anderson Caylor Gustus Richardson Scholten Nays: Hendricks Motion carried. MANAGER'S REPORT The Village Manager gave a status report on various Village orograms and projects and flooding relief. Bids were open on April 18, 1975 for the Golf'and Linneman Retention Basin, sewer and landscaping. The Deputy Engineer GOLF- recommended, ana the Manager concuYred, that Casey con- LINNEMAN tracting Co~ be awarded the contract as~the low bidder, and RETENTION the two lowest bid checks (B. V. Ferraro Construction Co.) BASIN be retaineo. Trustee Anderson, seconded by Trustee Caylor moved to award the contract for the retention basin at Golf & Linneman Roads to Casey Contracting Co~ in the amount o~ $9,950.00 and return all bid checks except to the two lowest bidders. Upon roll call: Ayes; Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. A communication was received.from~tbe R~nee Shaffer Gettleman Memorial Foundation.for waiver~of fees other than out-of-oocket GETT~EMAN expenses for carnival to be held on oroperty at the ~orthwest corner C~RNIVAL of Elmhurst Street and Kensington Rd. May 7 through May 11. The purpose is to raise funds for research in Hodgkin's Disease at the University of Chicago Cancer Research Department. Trustees Caylor and Scholten felt that only Mount Prospect organizations should be given approval, and further, that at that location it would'be a traffic hazard. Also, the proposed carnival would be in conflict with another local carnival scheduled within a week of two later at a nearby si~e. Trustee Gustus, seconded by Trustee Anderson, moved to waive all but Village out-ofoocket expenses, pursuant to the selection of a properly zoned location. Upon roll call: Ayes: Anderson Gustus Hendricks Richardson Nays: Caylor Sch~lten Motion carried. MAYOR'S REPORT Mayor Teichert proclaimed May 2, 1975 to be Senior Cit~en Day. Mayor Teichert oroclaimed the week of May 4 through May lO as Fire Service Recognition Week, ~g. 2 4-22-75 Mayor Teichert discussed the Consent,Decree ~regarding litigation at Tamarack and Palm, approximately a 5-acre parcel of land. TAMARACK & Trustee Hendricks, seconded by Trustee R~chardson, moved a PALM substantive co~promise be proposed as a settlement of the lit- igation now pending on the property at Tamarack and Palm, proposed in detail at a public hearing to be set in May. Upon roll call: Ayes: Anderson taylor Gustus Hendri'cks RicVard$on Scholten Motion carried. Trustee Richardson, seconded by Trustee~Hendricks, moved the second meeting in May, Tuesday, May 20~ 1975, be designated for a public hearing as part of the regula~ Board Meeting for discussion of a substantive resolution of Tamarack and Palm litigation. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Pass~ Scholten Motion carried. Hr. Joe Taborek and Mr. Sam Parla, 1830 T~ornwood, spoke before the Board and requested further information regarding the above litigation. Mayor Teichert and members of the administration met with MC DONALD the Division of Waterways to discuss McDonald Creek. There CREEK will be a public hearing scheduled'for May 5th, The State improved the Soo Line culvert and has pl'ans to"improYe ~e cha~nel beginning at the-Des Plaines Ri,ver to Euclid Ave. They will proceed with the recessary condemnations through the County portion and wish Mount Prospect~to'support the project, -- and requested Mount Prospect particioation in acouiring ease- ment through that portion from Foundry-to the Soo.line, Easements would be needed west~of B~rni'ng Bush on both sides. This matter was assigned to the Public Works Committee and the Drainage and Clean Streams Commission for their view on whether they would like to be a sponsor after defining what the sponsorship would mean. Mayor Teichert stated the Village Board mS. bt consider a RIVER TRAIL~ooperative effort with River Trails Par~ B~strict to acquire PARK the Simonsen property. Mayor Teichert urged all mmmbers of DISTRICT the Board and the Drainage and Clea~,~Streams~Commission to be in attendance at the May 5th public hearing on McDonald Creek. COMMITTEE REPORTS Trustee Caylor gave first reading to an ordinance rezoning ZBA-6-V-75 property R~ to R1 at 601 S. Meier - Case ZBA-6-V-75 - Betitioner J. Sheehan. The Clerk was requested to place this matter on t~e next agenda for final reading. FINANCE COMMITTEE Trustee Scholten presented an ordinance increasing the number of Liquor licenses--2 Class B for Alexander and Pizza Hut, and 1W for Heinz Pastry Shop. Trustee Sch61ten, seconded by Trustee Richardson, moved to waive the r~les re- quiring ~wo readings of an ordinance. Upon roll call: Ayes: Anderson Caylor Gustus Richardson Scholten Nays: Hendricks Motion carried. Pg. 3 4-22-75 Trustee Scholten, seconded by Trustee Richardson, mo~ed for passage.of Ordinance #2564: ORDINANCE AN ORDINANCE AMENDING SECTION 13.107 OF THE #2564 MUNICIPAL CODE Trustee Anderson voiced~objection to the inclusion of Heinz'Cafe for the Class W~license because of the pastry C~ASS W shop operating in conjunction with the cafe and the LIQUOR availability to minors. Mr. Edward Wells was the attorney representing the oetitioner. An i~formal polling of the Board for the inclusion of the Class W license ~n ordinance #2564 had the following results: Trustees Caylor, Gustus, Richaroson and $cholten voted to permit.the addition of the Class W license, and Trustees Anderson and Hendricks voiced opposition. Upon roll call on the above motion for passage of Ordinance =2564: Ayes: Anderson Caylor Gustus Richardson Scholten Nays: Hendricks Motion carried. TrusTee Scholten, seconded by Trustee Richardson, moved for passage of Resolution No. 13-75. RESOLUTION A RESOLUTION MAKI~G-.CERTAIN APPROPRIATION TRANSFERS # 13-75 WITHI~ THE ANNUAL BUDGET ADDPTED FOR FISCAL 1974-75 Upon r~ll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Scholten, seconded by. Trustee Richardson, moved for approval of the 1975-76 annQal budget. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Scholten, seconded by Trustee Richardson, moved for oassage of Resolution #14-75: RESOLUTION # 14-75 2 RESOLUTION ADOPTING THE~ANNUAL BUDGET FOR 1975-76 Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Scholten~ seconded b~ Trustee Caylor, moved for a waiYer of the rules to b~ing up an ~tem not on the agenda which wa~ discussed Aoril 21st in the Finance Committee Busse Food & Liquor Store. Upon roll call: Ayes: Anderson Caglor Gustus Hendricks Richardson Scholten Motion carried. Pg. 4 4-22-75 The owner, Salvatore DeMucci purchased and demolished a gas station at the property located at Busse and Golf Roads, formerls known as Busse Food & Liquor Store. The petitioners, Pete and~Jim Panagakis, request a~Class B~liquor license and GOLF & propose to operate a 24-hour family type-restaurant, in the BUSSE RDS. medium price range, seatSng 200 persons. The Finance Com- mittee recommends approval. ?rustee Scholten, seconded by Trustee Richardson, moved to-concur in the recommendation of the F~nance Committee. ~ Upon roil call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. The Village Clerk was req'uested not to place this matter on the Agenda of May 6 because certain matters still had to be resolved. JUDICIARY COMMITTEE Campbell Court plat of subdivision of property at Meier Rd. near Lawrence Lane was presented. Trustee Richardson, seconded by Trustee Scholten, moved to concur with the Judi- ciary Committee and the Planning Commi~ssion to approve the plat of subdivision. Trustee Anderson was of the opinion CAMPBELL that the cul-de-sac should be provided with sidewalks and COURT recommended providing for same at the curb. Trustee Anderson, seconded by Trustee Richardson, moved to amend the main motion to provide for curb sidewalk in the cul-de-sac. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Upon the main motion on the floor as~m~ded: Ayes: Anderson Caylor Gustus Richardson Scholten Nays: qendricks Motion carried. Trustee Richardson, seconded by Trustee Anderson, moved to authorize the Mayor and Clerk to sign and attest the Campbell Court plat of subdivision subject to'posting of any im- provement bonds if reouired. UPOn roll call: Ayes: Anderson Caylor Gustus Richardson Scholten Nays: Hendricks Motion carried. JUDICIARY COMMITTEE Trustee Richardson reported that the Village Manager had sent objecting mail-o-grams to local representatives regard- ing HB 1667 - re re-distribution of local sales tax, which would repeal the ability of cities and counties to levy LOCAL SALE the 1% sales tax and raise the state sales tax from TAX 4% to 5% and provide for the return of 1~5 of the state tax ~o local government, and 2: HB 1833 which would in essence force mun~cioalities to lose a large portion of any funds resulting from annexation or economic growth by repealing the authority of municipalities and counties to levy the 1% sales tax. PUBLIC HEALTH AND SAFETY COMMITTEE Building 'Code Requirements re Central Air Conditioners: The Chairman Of the Committee recommended concurrence with BUILD~HG CODE his recommendation-to revise Article X, Sectien 21.1011 of REQUIREMNTS. the Municipal Code as outlined in the report. Trustee Hendricks,AIR CONDIT. Pg. 5 4-22-75 seconded by Trustee Anderson, moved to concur with the recommendation. However, under discussion, it was stressed that the unit must be of the upflow type, that it would lower property values if it were placed in the front yard, and would ruin evergreens placed for screening. Trustee Hendr~cks and Trustee Anderson withdrew the motion and the matter was re- ferred back to the Public Health and Safety Committee for further study. OTHER BUSINESS Trustee Caylor, seconded by Trustee Richardson, moved to ratify the action of the Village Clerk in retaining Attorney Bernard Lee as soecial counsel during the election. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Scholten, seconoeo by Trustee Caylor, moved for passage of Resolution #15-75: A RESOLUTION ACCEPTING THE OB~LIGATION OF GENERAL RESOLUTION MAINTENANCE AND REPAIR OF THE METROPOLITAN.SANITARY 15-75 DISTRICT OF GREATER CHICAGO SANITARY SE~ERS WITHIN THE VILLAGE OF MOUNT PROSPECT FOR FISCAL'1975-76 Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Richardson, seconded by Trustee Caylor, moved for acceotance of easements for the development of the KENROY sanitary sewer for the Kenroy detention basin at Carboy DETENTION near Nordic and to authorize the Mayor and Clerk to ~-- BASIN sign and attest the easement document ac'ceptin~ the ease- ment known as La Sall~ National Bank as Trustee under Trust No. 35968. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scholten Motion carried. Trustee Richardson, seconded by T~ustee Caylor, moved the Mayor and Clerk sign and attest the ~lat of easement for property further south of the above, and accept~the ease- ment in text, First Arlington National Bank as Trustee under Trust ~o. A=109. Upon roll call: Ayes: Anderson Caylor Gustus Hendricks Richardson Scqolten Motion carried. Trustee Richardson, seconded by Trustee Caylor, moved to approve the easement connections to William A. Duguid Co. at 1701 E. Carboy and~authorize the Mayor to sign and the Clerk to attest the plat of easement. Upon roll call: Ayes: Anderson Caylor Hendricks Ricnardson Scholten Absent: Gustus Motion carried. Trustee Richardson, seconded by Trustee Caylor moved to ratify the action of the Mayor in ni$ commit~-~%~ the Village will relocate t~e storm-.line if a~'W~'~i.t is required by the Duguid Co. if they will vacate an easemen~ running through the center of their property. Upon roll call: Ayes: Anderson Caylor Hendricks Richardson Scholten Absent: Gustus Pg. 6 4-22-75 Motion ca~ied. CANVASS OF VOTES APRIL 15, 1975 GENERAL ELECTION Village Trustee - 4year term Village Trustee 2-year term Hendricks 4,187 * Rhea, Jr. 2,32a * Wattenberg 3,424 * Floros 3,596 * Minton 3,577 ~ Murauskis 2,276 Anderson 2,959 Caylor 2,222 Krause 2,815 Gustus 1,867 Wells 1,903 Library Board of Directors Helen Marie Viger 5,776 * John W. Parsons 5,537 * Samuel A. Hess 5,477 * · Elected to Office Trustee Hendricks, seconded by Trustee Caylor, moved 'for passage of Resolution No. 16-75: A RESOLUTION CANVASSING THE VOTES CAST AT THE REGULAR RESOLUTIO~ MUNICIPAL ELECTION HELD APRIL 15, 1975 AND DECLARING 16-75 THE RESULTS THEREOF Upon roll call: Ayes: Anderson Caylor Hendricks Richardson Scholten Absent: Gustus Motion carried. Trustee Hendricks read a statement to the Village Board regarding the library bond issue. In his opinion there -- should have beer a referendum. Trustee Hendricks movea that the Village Attorney be authorized to render and/or obtain a legal opinion as to LIBRARY whether or not some or all of the money available from the BOND ISSU~ sale of the library bond issue might be used for another purpose. As a part o~ t~is motion I realize that the opinion sought might well call for a spedialized legal background and to this and I also move that our attorney, in his good judgment, be authorized to obtain any other legal opinion to supplement his own. There was no second to the above motion. Trustee-Elect Rhea spoke before ~ne Board and suggested opinions be obtained from the bonding houses of Paul D. Speer and Chapman and Cutler. The Village Attorney ex- plained that it would be more advisable to nave outside counsel give a legal opinion. Trustee Hendricks, seconded by Trustee Richardson, mmved to retain outside counsel to render a legal opinion to '== supplement that of the Village Attorney or their own. Upon roll call: Ayes: Caylor Gustus Hendricks Richardson Scholten Absent: Anderson Motion carried. Trustee Hendricks moved that the Village Manager be author- ized to gather data for Board consideration relative to our current expense and obligations to date arising out of the library project. As a part of this motion, I would request that Mr. Eppley favor the Board with his good judgment as to the.-practical implications of use of the bond money, should Pg. 7 4-22-75 t be determined that legal impediments do not prevent us from putting the money to use originally unintended. There was no sedond to the above motion. Trustee Richardson, seconded by Trustee Gustus, moved to authorize the Mayor to sign and the Clerk to attest a olat of easement for a Village 16" water main along and parallel to Algonquin Road. Upon roll call: Ayes: Caylor Gustus Hendricks Richardson Scholten Absent: Anderson Motion carried. ADJOURNMENT Trustee Scholten, seconded by Trustee Gustus, moved the meeting be adjourned. Time: 1:35 P.M~ Unanimous. DONALD W, GOODMAN Village Clerk