HomeMy WebLinkAbout06/20/1967 VB minutes OF THE BOARD OF TN3sTEES
JUNE 20~ 196~,
CALL TO ORDER
President Congreve called the meeting to order at 8:10 P.M.
INVOCATION
Trustee Kilroy gave the invocation.
ROIL CALL
~es---~upon roll call: Colfer Grittaui Kilroy Lewis Rogers
Teichert Congreve
'APPROVAL OF MINUTES OF PREVIOUS ~I'INGS
jUne 6, 1967 pg. 3 first sentence: add. "known as Vauoucek subdivision".
Trustee Colfer, seconded by Trustee Rogers, moved the minutes of ~inutes
JUne 6, 1967 be approved as amended.
Upon roll call: Ayes: Colfer Grittani Kilr~y Lewis Rogers
Teichert
Motion carried.
JUne 13, 1967 pg. 3 re Utility Sewer and Water Co~pany: add: "to
honor options of Ordinances 884 and 885". Trustee Teichert, seconded
by Trustee Grittmmi, moved to approve the minUtes of the Special
Meeting of JUne 13, 1967 as amended.
Upon roll call: Ayes: Colfer Grittani' Kilroy Lewis Rogers Teichert
Motion carried.
Trustee Colfer, seconded by Trustee Kilroy, moved to ratify the action
taken at the Special Meeting of JUne 13, 1967.
Upon roll call: Ayes: Colfer Gritt~ui Kilroy Lewis Rogers
Teichert
Motion carried.
APPROVAL OF
General $ 49,055.42
Parking System Revenue ?0.24 Approval~of
Library 2, ??4.78 Bills
Waterworks & Sewerage Dep. Im~. & Fat. 9,?53.49
Waterworks & Sewerage Fund · 8~082.10
Total $ 69,736.03
Trustee Colfer, seconded by Trustee Grittani, moved the bills be
approved for payment as submitted.
Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer
Grittani
Motion carried.
The Financial Report for the month of May, 1967 was presented. Trustee
Colfer, seconded by Trustee Grittani, moved the FinanCial Beport for
the month of May, 1967 be accepted subject to further audit. Unanimous.
ORDINANCE RE V~.~AGE MANAGER AND ESTABLISHING DEP~QTS
One hour was devoted to~ studying' the proposed ordinance. PreviouslY
the Board had considered Articles I and II 8~ amendments had been Managerial
made. ArtiCles III and IV were discussed at this meeting and certain Ordinance
revisions included. T~ustee Teichert read the following statement
and requested it be rode a part of the minutes:
June 20, 1967
emo - Teichert "I have had occasion to disagree with Trustee Colfer concerning
Manager the alleged power of this Board to issue orders affecting purely
administrative f~nctions of the Village government, and this
Board's alleged power to interpret ordirmnces and thereupon
issue administrative ~rders.
"The Village Attorney issued a memo on June 5, 1967 which purports
to confirm Trustee Colfer's assertation that such alleged
powers are in the Board. I regret that I must disagree with
the Attorney's memo and I strongly urge this Board not to condone
this usurpation of administrative powers.
"This Board has exercised such alleged powers a~ issued orders
of an administrative nature, apparently on the theory that since
they can do the ultimate act bf firing the administrative heed
(and without cause), they can do the lesser acts of interfering
with his administration. I submit that this is an erroneous
theory, and if it Continues in practice, it will improperly and
illegally eradicate the distinction between a "Manager by statute"
and a "Mauager by ordinance".
'~fhe Trustees will recall that on April 18, 1967, the citizens
of Mount Prospect vote~ on a refere~d~n whereby they established
the position of Village M~nager under the State StatuteS. This
is in direct opposition to the msI~ger position by the Board of
Trustees.~ under ordinance. The purpose in having a mansger under
the statutes rather than au ordinance is simply to separate the
legislative a~d administrative arms of our municipal government.
~ Board cannot override the referendum and avoid the State
Statutes by scme theory of municipal law that shits their
convenience.
"It is patently clear that this position of manager is not 'the
creation of this Board...it has been established by the people
of Mount Prospect. It is equally clear that the powers of the
manager as set forth in the Statutes are not a delegation of
powers by this Board.
"The powers and duties of the manager are listed in Chapter 24,
Section 5-3-7 of the Illinois Revised Statutes. These are
express grants to the manager by the State Legislature.. .they
were taken away from this Board Dy the people through a referendum.
As to those specific powers the manager derives them directly
from the State..this Board has no power in those areas, and
therefore cannot delegate what it does not have.
"Paragraph (8) of Section 5-3-7 is incorrectly paraphrased by
the Attorney on page 5 of his memo when he states that it
'requires that said Village Manager perform such duties as may
be prescribed by the Board~of Trustees'...paragraph (8) actually
says 'To perform such other duties' ...Paragraph (8) only gives
this Board power to dele-~e and control in areas other than
those specified in the Statutes as belonging exclusi-~y to the
rear, get.
"If this Board wishes to coerce and harass the manager to do
their bidding under threat of firing him, they can d6 so. This
kind of "pressure" is u~erstandable...however, it still ~will be
illegal ~nd beyond the statutory power of the Board. This Board
has no p ~er to interfere in thosepowers given to the manager
by' Statute, and it has no right to pretend that ~t has.
"The only thing worse than using such tactics to defeat the
StatutOry division of powers, would be a manager who permitted
the Board to "use" him in such a ~o_m~ So lOn~ as I am on this
.... · ~ Board I would rather see a manager fired every month, than watch
him parade with a ring in his nose. By law, the manager is
the sole a~ministrative head of the Village and if this Boabd
will not respect that fact, I don't know why anYone would want
the Job.
"Many,people worked hard to pass the manager referendum. They
fought in the courts to put it on the ballot..they fought in the
Village Hall to keep it on the ballot. . .they fought members of
this ac~m~nistration...they fought politicians...and if they have
June 20, 1967
to fight this Board to make the law a reality, they will do
that too.
"The Manager by Statute was adopted by the people of Mount
Prospect on April 18, 1967. The Statute requires that the
Village Board pass a general ordinance implementing the
statutory powers "at the first meeting" of the Village Board
altar adoption. This Board has had four regular meetings and
three special me~tings in the interim and still=has no ordinance.
I appreciate that the "emergencieS". we keep living through
tend to overshadow our regular business procedures..however,
if we cannot resolve this matter tonight, I respectfully request
that it be continued as the first order of business on every
following agenda."
The Clerk was requested to place the Managerial Ordinance on the next
agenda for one hour for consideration.
Mrs. Raymond Hinz, '620 E. Golf, presented a petition containing Petition
approximately l?? names, protesting highway construction on Route 58 Rte. 58
between Wolf Road and Meacham to provide a high speed S-lane highway 4-lane highway
with a 6" raised median strip approximately 16 ft. in width. A 6" median
preliminary drawing has been submitted to the Village Engineer for
study of that stretch between Wolf to Hi Lusi. This matter was
referred to Public Health and Safety Committee at 9:00 P.M. on June 21
at which time the drawing will be reviewed with interested parties.
L~ITER .OF RESIGNATION JOHN C. MONGA~LLAGE MANAGER
Trustee Rogers moved to accept the letter of resignation of John C. John Morgan -
Mongan as Village M~nager, effective June 30, 1967, as read. TrusteeResmgnat~on'~ '
Kilroy seconded the motion.
Upon roll call: Ayes: Colfer Eilrey Lewis Rogers
Nays: Grittani Teichert
Motion carried.
Trustee Rogers, seconded by Trustee Lewis, moved as a token of
appre~onf~or service to award one month severance pay and so
direct the Finance Director to issue exclusive of any vacation or off-
time, to be made as of July l, 1967.
Upon roll call: Ayes: Kilroy Lewis Rogers Colfer Grittani Teichert
Motion carried.
COM~iT£'~ CHAIH~.~ REPORTS
FINANCE C~
The Finance Committee report stated they had the fOllowing requests
for liquor licenses:
sanford Agate, Blaz'r Steak House - Type - Restaurant
(~s W. Chekos, Evans Restaurant - Type - Restaurant
Prank Stella, 1720 Algonquin Road - Type - Package
John T. Jursich, Dempster & Algonquin - Type - Package
Edward Beig, Village Inn Pizza, Rand & Louis - Type - Rear Liquor
John G. Karones, Algonquin & Busse - Type - Restaurant license
requests
The last two requests were withdrawn by the petitioners subsequent to the
FinanCe Committee meeting. Therefore, no action is necessary and they
should be dropped from Committee.
.~ The C~.tttee did not see a qualified need for any additional licenses,
~ and was reluctant to increase the~ number simply for the convenience of
the petitioners. In the op~nion of the Committee, the present liquor
licenses appear to be spread fairly evenly throughout the Village.
Therefore, the Conmittee unanimously recommended that all petitioners
be denied.
Trustee Colfer, seconded by Trustee Grittani, moved the Board concur
in the recormuendation of the Finance Committee and deny the petition
of Sanford Agate of Blaz'r Steak House for a liquor license. Blaz'r Steak
Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani
Motion carried.
June 20, 1967
Trustee Colfer, seconded by Trustee Grittani, moved the Board concur
EVans in the recormnendation of the Finance Committee sr~ deny .the petition
of Gus W. C~akos, Evans Restaurant, for a liquor license.
Upon roll call: Ayes: Kilroy Lewis . Rogers Teichert Colfer Grittani
Motion carried.
Trustee Colfer, seconded by Trustee Grittani, mdved the Board concur
Frank Stella in the recommendation of the Finance Committee and deny the petition
of Frank Stel~la, 1720 Algonquin Road, for a liquor license. ~-~
Upon roll call: Ayes: Kilrey Lewis Rogers Teichert Colfer Grittani
Motion carried.
Trustee Colfer, seconded by Trus~tee Grittani, moved the Board concur
John T. in the reconmnendation of the Finance CGnmittee and deny the petition of
Jursich John T. Jursich, Dempster and Algonquin, for ~a liquor license.
Mr. JUrsich appeared before the Board and asked reconsideration. He
stated the. area is close to the County and unless a license is issued
in tb~t particular area one will spring up outside the Village limits.
He further mentioned that the area is devoid of a liquor store, the
closest one over amile away. He planned to apply for the license
under his own n~ne. He would employ others to mansge the st~re.
Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani
Motion carried.
The C~.,~fttee report stated the Village Board created a liquor license
for the Jewel Foods proposed Osco Drug Store at 208 W. Northwest Highway.
Jewel - The Village is in receipt of a letter from Jewel Foods stating they are
request no longer interested in having the license and requested the return of
withdrawal their check in the amount of $500. ~-~
The Committee recommended that the number of Class "C" package liquor
Class "C" licenses be reduced by one, and that the Attorney prepare an amending
licenses ordinance. Trustee Colfer, seconded by Trustee Grittani, moved to
concur with the Finance Com~ttee and reduce the n~nber of Class "C"
package liquor licenses by one, directing the
Vfllage Attorney to prepare an amendment to the ordinance.
Uponroll call: Ayes:. Kilroy Lewis Rogers Teichert Colfer Grittani
Motion carried.
Ord. deleting The Finance Committee reported on a proposed amend~2nt to delete "schools"
"schools" from the liquor ordinance regarding election days. Section lB.119 of
the MGnicipal Cede prohibits the sale of alcoholic liquors on el~ection
days, including school board elections. The Millage .is in receipt of
a petition from present licensees, requesting that school board~
elections be dropped from the Village code. It should be noted that
the Village code would be then in accord with. the applicable St.ate laws.
Present licensees feel there should be substantial conformity in the
surrounding n~unicipalities regarding this matter. As an example,
a school election in District 21~ would cover numerous municipalities
and it would appear incongruous to pr~.hibit the sale of liquor in one
a~xi not in others. ~
The Committee reconmended Section lB.119 be amended to delete "schools"
and the Attorney directed to prepare an amending ordinance. Trustee
Colfer, secor~ed by Trustee Grittani, moved to concur with the Finance
Conraittee and an ordinance be prepared for first reading at ~he next
regular meeting.
Upon roll call: Ayes: Kilrey Lewis Rogers Teichert Colfer Grittani
Motion carried.
June 20, 1967
he Committee considered a request fo? the extension of closing Closing hokums
hours of bowling and billiard licensees, to be the same as the bowling &
closing hours of liquor licensees. They recommended denial of billiards
the request, received from Thu~xterbird Bowl, Inc. Trustee Colfer,
seconded by Trustee Grittani, moved to deny the request of Thunder-
bird Bowl, Inc. for an extension of closing hours of boivling and
billiard licensees.
Mr. Steve McKinlay, Manager of the Thunderbird Bowl, spoke before
the Board. tte offered to withdraw the request for hours of
billiard playing, but wished consideration of extension of closing
hours for bowling, because there are some late evening leagues.
Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer
Grittani
Motion carried.
ITEMS TO BE t~E~'~waRED
Request of Panner Cooper's on Rand Road at Wilshire, to change the
building plans approved, to delete one door because a study determined
there was inadequate waiting space to take out service, it would
cause a traffic problem between the ~ront and side entrance, and Farmer Cooper
increase wind and snow problems. Trustee Teichert, seconded by
Trustee Rogers, moved to approve this charge In plans for deletion
of the one door, and to note approval on the plans by referring to
these minutes.
Upon roll call: Ayes: Kilroy · Lewis Rogers Teichert Colfer
Grittani
Motion carried
Trustee Teichert requested consideration of the adoption of an
ordinance restricting the parking of houseboats, trailers, etc. on Ord. restrict
residential property. Several citizens appeared to object to ing trailers,
adoption. Mr. Al. Swanson, 304 N. School, Mr. Dale Scbmidt, 203 etc.
W. Sunset, Mr. Carl Doll, 710 N. Elmhurst, voiced their opposition.
They were advised the matter would be referred to the Building
Committee, and at the time of its consideration, they would be
notified, so that they could appear.
LOT 136 (917 S. tlmereon) REPORT FROM VILLAGE MANAGER
Permit was issued for building on Lot ~36' of Country' Club Terrace.
The lot is odd shaped and building plans Dlace the house to be
constructed at less than 25 ft. from the rear lot line at one point Lot
on the plot plan. The Director of Building and Zoning was instructed (Fr~ersonSt)
to withdraw the building permit pendiug further investigation. The
permit was issued on November 7, 1966 and approved by the Architectural
Coranittee on the basis of averaging rear yard distances which
exceed 25 ft. This method of administrative Interpretation is not
defined in any Village ordinance or regulation but apparently bas
been In practice for four or five years.
In a letter from the lot owner's attorney, it was stated that Mr.
Morrison purchased the property on contract with a condition that
he obtain a building permit for same.
On June 5 Mr. Morrison received approval from the Architectural
Committee for the plans that were submitted shortly prior to that
date, and he arranged for the trades to commence their activities
on the premises.
AFter gathering the above Information the Village Manager consulted
with Attorney Marlin Smith, who advised that Mr. Morriso~ be allowed
to proceed on the basis of Illinois case histories that held that
once an act commences, based on a reliance, it cannot be revoked.
The Director of Building and Zoning was ordered to restore the
permit.
Mrs. Eathleen Sullivan, 919 S. tlmerson, appeared as an objector.
She stated this lot has remained vacant because over the past ten
years when the owner applied for a building permit he has been
denied. Thie particular plan places the house at one point within
12 inches of the lot line.
The Director of Building and Zoning explaIned the basis of avering
rear yard distances, and the action of the Architectural C~,~.1ttee
June 20, 1967
in its approval of a permit.
Trustee Teicher~, seconded by Trustee Kilroy, moved the Village Msrmger
be requested to take those actions he deems necessary.
Upc~ roll call: Ayes: K~] roy Lewis Rogers Teichert Colfer
Grittani
Motion carried.
The Board recessed a~ 11:35 to consider pending litiEat.ion and
reconvened at 12:10 A.M.
Present upon roll call: Colfer Grittaui Kilroy Lewis Rogers
Teichert Congreve
COMPRE~SIVE PLAN MAP
Mr. MalcoLm Young, Chairman of the Plan CommiSSion, presented the
Comprehensive= Comprehensive Plan Map of the Village of Mount Prospect which had been
Plan Map approved by the Plan Commission. There is now in preparation the text
which will accompany the map. A public hearing had been held on
June 16. ~There were no objectors. No changes had been made since
having been checked by the Judiciary Committee.
Trmstee Colfer, seconded by Trustee Teichert, moved to adopt the Com-
prehensive Plan Map, authorizing the President and Clerk to sign it.
Upon roll call: E~s:' Eilroy Lewis Rogers Teichert Colfer
Grittani
Motion carried.
CO~41'l'~'~E ANNOUNCEMENTS
Wednesday, June 21~ 5:00 P.M. Public Works
Thursday, June 22 - Finance Committee
Tuesday, June 27 - D.A.M,P, ~nd Weller Creek
President Congreve called a special board n~eting for Thursday~June 29,
1967 at 8:00 P.M. for the purpose of discussion of unfinished business
on this evening's agenda. The next regular meeting will be Wednesday,
July 5, 1967.
Trustee Colfer, seconded by Trustee Grittsni, moved the meeting be
adjourned. Time: 12:20 A.M.
RICHARD H. MONROE, Village Clerk
June 20, 1967