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HomeMy WebLinkAbout08/15/1967 VB minutes MINUTES OF REGULAR ME~Ti~ OF THE BOARD OF TRUSTEES AUGUST 15~ i96~ · CALL TO ORDER . President Cb~reve called the meeting to order at 8:10 P.M. Call to Order WOCA O, ~ Trustee Kilroy gave the invocation. Invocation - Present upon roll call: Trustees Kilroy Lewis Rogers Teichert Colfer Roll Call Grittani and President Congreve ~PPROVAL OF MINUTES OF PREVIOUS MEETING A~UGUST. l~ 1967 Minutes Public Works Committee - page 4. typo ~nderson Bros. Page 6. First paragraph should read '~ecause of the intention of the S~--~ry District to adopt such au ordinance, it was decided to have a meeting with representatives of the Plan Commission, Architectural Com~u~ttee, Clean Streams Commission and the Board meeting as a Con~mittee of the k~ole for discussion of any amendments to the Village Zoning Ordinance. Trustee Colfer, seconded by Trustee Grittaui, moved the minutes of the Regular Meeting of August l, 1967 be approved as amended. Upon roll call: &yes: Kilroy Lewis Rogers Teichert Colfer Grittaui Motion carried. APPPOV~L OF BILLS Bills & Trustee Colfer, seconded ~y ~2rustee Grittani, moved to transfer $3,3~6.41 fromTransFer Waterworks and Sewerage Surplus Revenue Account to Waterworks and Sewerage oF Funds Depreciation, ~mprovement aud Extension Account to cover repairs of Wells # 5, 8, 9 and 10. Upon roll call: &yes Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Trustee Colfer, seconded by q~'ustee Grittani, moved to transfer $9,720.00 from Waterworks an8 Sewerage Surplus Revenue Account to Waterworks and Sewerage Depreciation, Improvement and Extension Account to cover invoice already paid for painting of ~he 2 storage tanks. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. BILLS General 66,805.99 Library 3,986.13 Motor Fuel Tax 806.70 Library Bldg. Bd.& Int. 1961 2,702.50 Waterworks & Sewerage Dept. Impr. & Ext. 19,138.85 Waterworks & Sewerage Fund 11,865.46 Parking System Revenue 37~.80 ~.. Total 105, ~0. ~ 3 Trustee Colfer, seconded by Trustee Grittani, moved the above b~lls, be approved as submitted, wit~ the exception of $150.00 from Library for legal services. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Trustee Colfer requested an opini°n from the Village ~ttorney regarding Library legal se~ices. Library Legal Servic . G. Clark PETITIONS A~D COMMUNICATIONS Lette~'"from William G'. Clark, Attorney General stating he is legal adviser for state boards, commissions and officers of State of Illinois including State's Attorneys, in matters relating to the performance of their official duties, and is not authorized to advise other persons. Portable Mr. Edward J. Sesterhenn, 418 N. Elm, Mt. Prospect expressed dissatisfact- Swim Pools ion with Ordinance #1096 concerning portable swimming pools. Mr. Sester- henn felt the safety factor is negligabte. The following is Mr. Sesterhenn's letter of July 30, 1967. ~ The President Mount Prospect Village Board Mount Prospect, Ill. Gentlemen: Letter from This letter is written as an official protest to Ordinance Ne.1096 and E.J. Sester-request that it be read into the minutes of the next village board meeting. henn re Swim pools Sections 23, 24,~ 25 and 26 of the subject ordinance constitute an infring- Ordinance. ement of the rights of any legal property owner in the village to enjoy the use of a portable sWimming pool on his ~remises that exceeds 24" in depth. The same sections discriminate against property owners to the extent that existing portable pools over 24" in deph enjoy inzmnity from this Ordinance for 5 years. Now, if one wants to swim (not wade) in one's own back yard, one can only do so if surrounded by several thous~d dollars of concrete and regulation equipment. Why? Let's look at Chapter IXB as it pertains to portable pools over 24' deep. First of all, portable pools wore not meant to be buried in the ~-ound. They are designed and made to be used as above ground structures. How would you begin to adapt them to comgly to the letter of Chapter IX B? It's impossible - and the board who passed this ordinance knew it. It was their underlying intention to bar such pools from the village through this ordir,~9~lce, A properly fenced-in pool, portable or sunken, is necessary. However, the argument given to the Prospect Day reporter (front page Thursday, July 28) that a small ch%ld climbing up a portable pool cannot be seen, is hardly valid. Children climbing in and out of pools when supervised by respon- sible persons are not the problem. If the persistent child wants to enter the pool area after it is properly closed down and unattended, he will have no problem scaling the safety fence., but would be further deterred by the high wall of the covered portable pool. Whereas he could slip and fall into a sunken pool without anyone knowning. We gather that after talking to two village officials that the National Safety Council statistics were the prime motive behind this ordinance. Obviously, statisties impress our big brothers. Is one any more dead having drowned in a portable pool rather than a sunken pool? Did these N.S.C. statistics show that an individual can drown in 6 inches of water as well as 60 inches? Did they also reveal how many young tots have drowned in shallow wading pools? Or how many fatalities have oocured in the hame bath tub? khy not legislate against these occurrences to? Drownings are not taken llgbtiy, but an in-d,gpth study of the statistics will show that the preponderance of these fatalities take place at public beaches, lakes and other ungarded bodies of water and include boating accidents. Actually, how many fatalities are recorded for back-yard swimming pools as compared to the 50,000 killed each year by the autc~obile? A resident puts his life in double Jeopardy by getting in the car to drive to Meadows or Lyons Pool. Of the many millions of auto accidents that injure over a million and a half knericans each year, over one-half occur within three miles from one's home. Then why all the restrictions on a ba~JK~ard portable pool? You are safer in your own back-yard than on the streets and highways. Letter re: Portable We moved to the suburbs to get away from the "Big B~other tatics" of the Swim Pools city politicians. It would seem that our Village Beard instead of emulating the "Big City fathers", would best spend their time enacting legislation for the safety of ~their citizens on the streets, highways and public places of Mount Prospect. A man's hame is still his castle. Safety in the hame or yard is still the responsibility of the Darent or p~operty ~wner. We are burdened with enough unwarranted protective legislation from both the State and Federal level to coddle us fr~n cradle to gro-e. What we need in the meantine is the right to the pursuit of happiness and freedon as guaranteed by our Constitution. The Village Beard is therefore petitioned to have Ordinance No. 1096 repealed in its entirety for reasons of discrimination, in that; 1. Portable pools under 24 inched in depth can be erected without restrictions. 2. Portable pools over 24 inches in depth erected Prior to the enactment of this Ordinance will not be in violation of the ordinance for 5 years, and allowing no other potential owners the same privilege. E. J, Sesterhenn 418 N. Elm Street m Mount Prospect, Illinois T~ustee Teichert informed Mr. Sesterhenn that the Building Code is being reviewed and this includes portable swimming pools and the Building Con~. will invite Mr. Sesterhenn to attend meetings when portable pools are discussed. Trustee Teichert asked to have Review of Portable pool Ordinance charged to the Building Committee. FINANCE COM~,','±~ Trust~ C~l[~'~' ~econded by Trustee Grittani, moved that the Board concur Public Swim with the Finance Co~ttee to amend Ordinance #1185, to include a $30 per Pool fees 6 month permit fee, expiring September 30 and March 30 and direct the Village Attorney to draft the ordinance. Upon roll call: Ayes: Kitroy Lewis Rogers Teichert Golfer Grittani Motion carried. Trustee Colfer, seconded by Trustee Kilroy, moved the Board concur with the Maple St. Finance Committee to amend ordinance raising the parking fee in the Maple parkin2 fee St. parking lot to 30~, and direct the Village Attorney to draffc the increase amended ordinance. Trustee Teichert stated he would vote nay as he felt the parking fee should be raised to 50%. Upon roll call: Ayes: Kilroy Lewis Rogers Colfer Grittani Nay: Teichert Motion carried. Trustee Colfer, seconded by Trustee Grittani, moved to retain the present Liquor liquor license rates. Trustee Teichert stated we sould get as ~ch revenue license rete~ from these licenses as possible. The Class M license which was created for Holiday Inn should have been more expensive. He will vote nay for the avoce reasons. Trustee Lewis agreed with Trustee Teichert and will also vote nay. Trustee Rogers stated there should be some investigation and reclassification in so fas as Holiday Inn is concerned. The trustees asked to by supplied with a copy of the Liquor License Fee Survey of adjacent con--ties, as prepared by the Clerk's office. Upon roll call: Ayes: Kilroy Colfer Grittani Congreve Nays: Lewis Teichert Rogers Motion carried. The possibility of an Hotel Tax was charged to the Finance Committee. Possible Hotel Tax Trustee Colfer requested that the Board review of Applications for Scavenger Scavenger License be removed from committee as it is part of the contract License terms with Barrington Trucking. ~u~y I.~rs. The Finance Conr~ittee was charged with setting up a lay corm~ittee to · study Insurance and make reconmendations to the Board. Residential R~si~all Scavenger Contract was charged to the Finance Committee. Scavenger Contract Trustee Colfer requested the ~ollowing ite~ns be removed from cc~tte6: Feasibility North and South streets east of Rand Rd. and Foundry - Stop Light at Lincoln and Rt, 8B - Bridge over Weller Creek West of Et.SR. The last item was charged to the Manager. Trustee Colfer requested the anti burning ordinance be removed from AntiT~Burnlngcommittee as the e~uipemmt needed has not been appropriated. It was ~ ~ recommended that Leaf Burning Equipment be charged to the Manage~ under Proposed Capital Improvements. Trustee Colfer gave the first reading for the Tax Levy Ordinance and Tax Levy requested the Clerk to place it on the next agenda for second and final Ord. 1st reading. Trustee Lewis cc~mended the action of the Finance Committee reading, for attempting to reduce the citizens taxes by approximately 1B~ per $100 assessed valuation or roughly $1~.00 per year. Trustee Teichert recc~mend- ed the Board not reduce the tax rate as the monies should be invested in many of the long delayed capital improvements, or to consider one of the Budget Committees alternates of a lesser reduction in taxes. Tax Levy Trustee Colfer gave the first reading of ordinance Providing for Levy of for Street an Additional Tax for Street and Bridge Purposes and requested the Clerk ~ Bridge to place it on the next agenda for second and final reading. Ord. 1st reading Trustee Colfer, seconded by Trustee Grittani, moved the Board concur with the recommendations of the Finance Committee for preparation of the Tax Levies. Upon roll Call: Ayes: Kilroy Lewis Rogers Colfer Grittani Nay: Teichert Motion carried: APPOINTMENTS Sa£ety Corem.President congreve made the following appointments to the Safety Commission: appointment A1 Finch for a B year term to expire ~ l, 1970 and O.T. Oustus for a A1 Finch $ ~ year term to expire May l, 19?l. Trustee Colfer, seconded by Trustee o? Gustus Rogers, moved to concur in the President's appointments. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Oath of The Villag~ Clerk administered the oath of office to the newly appointed office m~nbers of the Safety Commission. ArchltecZura~resident Congreve appointed Bernard H.R. Hemmeter to the Architectural Comm. app- Co~mission for a one year term to expire May l, 1968. Mr. Hemmeter ointment replaces Mr. Sigfusson who resigned, Trustee Rogers, seconded by T~ustee B. Hemmeter Lewis, moved to consur with the President's appointment. Upon roll call: Ayes Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Electrical President Congreve made the following appointments to the Electrical Comm. App- Commission for termm to expire May l, 1970: Director of Building and ointments Zoning, Fire Chief, Village Engineer, Mr. George Zadravetz, Mr. Robert g. Zadravet~Mitchell, Mr. John Weber. Trustee Grittani, seconded by Trustee Rogers R. Mitchell moved to concur in the presidents appointments. J. Weber E. Haherkam~Jpon roll call: Ayes Kilroy Lewis Rogers Teichert Colfer Grittani P. Retten Motion carried Plan Comm Appointment President Congreve appointed Frank Bergen to the Plan Commission for a F. Bergen term to expire May l, 1972 to replace M~. Robert JaCkson. Trustee Lewis, seconded by Trustee Rogers, moved to concur in the PreSident's appointment. Upofi roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. JUDICIARY ~ Bo~' ~f ~ppe~ls Case 67-22A John C. Gorman's request to construct a Case garage 2' from his lot line, which is 20' from the street. The Judiciary C~Ittee by a vote of 2-0 concurs with the Board of Appeals. Trustee Colfer, seconded by Trustee Lewis, moved the Board concur with the Board of Appeals aud grant the variation, directing the Village Attorney ~ draft such ordinance. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion csrried. Plan Commission Case 6?-llP Losacco and Springston request to rezone from Case 67-11P B-2 to R.4, property located at 1020-2~ E. Algonquin Rd. The Judiciary Committee voted 2-0 to concur with the Plan Conmtissions recommendation to grant rezoning. Trustee Clofer, seconded by Trustee Teichert, moved to concur with the Plan Commission and Judiciary Committee and grant the re- zoning, subject to annexation of the San Souci Apartments and cessation of litigation against the Village, directing the Village Attorney to draft such ordinance. Upon roll c~ll: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Board of Appeals Case 67-9A Alvin Speilman variation request for dry Cese 67-9A cleaning sub station at Chicago and Northwestern station. Trustee Colfer, seconded, by T~stee Rogers, moved not to concur with the Board. of Appeals recommendation to deny the petitioners request. After much discussion regarding petitioners presentations at the Board of Appeals and Judiciary Cc~nittee Trustee Colfer withdrew his motion. Trustee Rogers withdrew his second of the motion. Trustee Colfer, seconded by Trustee Teichert, moved Case 67-9A be sent back to the Board of Appeals for another hearing at the Village's expense. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. Plan Commission Case 6?-10P (also 67-4P) Robert Starck's request to rezone Case 67-107 209 S. Main from R-1 to B-2. The Plan Commission by a vote of 4-1 recomn- also 67-4P ended rezoning. The Judiciary Committee instructed the petitioner to make certain changes subject to their approval. Petitioner has failed to comply. Trustee Colfer, seconded by Trustee Lewis, moved the Board not concur with the Plan Commission and deny the petition to rezone. Trustee Teichert, seconded by Trustee Kilroy, moved to table the above motion. Upon roll call: Ayes: Kilroy Rogers Teichert Nays: Colfer Grittani Lewis Congreve Motion faile~. Vote was taken then ~aken on the motion to deny Mr. Starck's petition to rezone. Upon roll call: Ayes: Kilroy Lewis Colfer Grittani Congreve Nays: Rogers Teichert Motion carried. 5-15 Trustee Colfer gave the first reading of au ordinance granting a Special Holiday Inn Swim Pool Use Permit for the Holiday Inn Swimming Pool and requested the Clerk to Use Permit place it on the next agenda for second and final reading. 1st reading of Ord.~ PUBLIC WORKS Trust~ Ro~rs requested the Anti Burning ordinance be dropped from Anti committee and put in Proposed Capital Improvements. Approved. Burni~E Trustee Rogers requested the Feasibility of North a~ South Streets East ~-~ of Rand Rd. be removed from the Public Works Cormttttee as this is included in the Randhurst Traffic Survey. Approved. Trustee Rogers requested the Storm sewer stUdy be removed from his committee and refer to the Clean Streams Conmtission. Net approved. suggest The Public Works committee recommends that there be no parking on Lincoln No Parking adjacent to Maple street parking lot after the east portion of the on Lincoln Chicago and Northwestern Rain, road parking lot is completed. Trustee Rogers, adjacent seconded by Trustee Colfer, moved the 2 hour parking limit be retained on to Maple st.Lincoln Ave. adjacent to the MaPle street parking, lot. parking lot Upon roll 'call: Ayes Kilroy Lewis Rogers Teichert Colfer Grittaui Motion carried. Lincoln ~ Trustee Rogers requested Lincoln and 83 Stop Lights be dropped from 83 Stop c~dttee, as permission from the State was denied. Trustee-Colfar Light suggested the Safety Conmdssion study the problem. Lincoln and 83 Stop Lights was refered to the Safety Commission and Public Health and Safety Committee. Agreement Trustee Colfer, seconded by Trustee Lewis, moved to waive the rules to read w/ Park an Agreement with the Park District for the in~orovement of East Shabonee Dist. re Trail and South School street abutting Lions Park. · improvement of E. Upon roll call: Ayes: Trustees Kilroy Lewis Rogers Teichert Colfer Shabonne Tr. Gritteni and S. School st. Motion carried. The Clerk was directed to make the agreement a part of these minutes. A copy follows. AGREEMENT This AGREEMENT entered into this . day of ) , 1967 at Mount Prospect, Illinois, by and between the vILLAGE OF MOUNT PROSPECT, a municipal c0~Poration, Cook COunty, Illinois, (heretns/~er referTed to as the "VILLAGE")~ and the MOUNT PROSPECT PARK DISTRICT, a municipal corporation, Cook County, Illinois,(herelr~fter referred to as "PA~K DISTRICT" ). WITNESSETH: WHEREAS, the PARK DISTRICT, in the interest of premoting publio health ay~d safety to the residents within its District, and to the residents of the Village, are desirous as abutting property Owners fo~ the improvement of Fast Shabonee Trail and South School Street, abutting L Lions Park: and ~-~ WHEF~AS, the VILLAGE, also in the interest of promiting ~publtc . health and safety to its residents, desire the improvement of East Shabonee Trail and South School Street, abutting Lions Park, so that said streets are improved as full streets; and WHEREAS, the Village Engineer has estimated the cost of improving said streets at approximately Fifteen ThOUsand Dollars ($15,000.00);and WHEREAS, the PARK DISTRICT and the VILLAGE have determined the best interests of both parties would best be served by said improvements, all in accordance with the terms of this AGRMEMENT: NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN AND FOR OTHER GOOD AND VALUABLE C0NSIDERATION~ RECEIPT OF WHICHIS ACENOWLEDGED HEF~WITH, THE PARTIES DO HEREBY AGREETZAS FOLLOWS: 1. That the Village Engineer will prepare the necessary specifications for the improvement of Fast Shabonee Trail and South School Agreement Street, adjacent to Ldons Park, and provide for an insurmountable curb w/ Park Dist. to be installed abutting the PARK DISTRICT'S property on said streets. 2. The VILLAGE agrees: A. To expend the necessary funds estimated at approximately Fifteen Thousand Dollars ($15,000.00) for the cost of said improvements. B. That the public benefit attributed to said improvement shall be 50% to be absorbed by said V/LLAGE. C. That the remaining 50%, at no interest rate, of said expenditures, shall be advanced by the VIIL~.GE in behalf of the PARK DISTRICT. 3. The PARK DISTRICT agrees: A. That it shall be financially responsible for 50% of the expenditures for the improvements of East Shabonee Trail and South School Street, abutting Lions Park. B. That it shall repay the VILLAGE its share of the expenditures over a three-year period. C. To pass the necessary Resolution by its Board of CGnniss- ioners authorizing this said expenditure and to include said expenditures in its annual budget. The VILLAGE and the PARK DISTRICT agree to: Adopt Resolutions authorizing the execution of this AGREEMENT by the President and Clerk of the VILLAGE and by the President and Secretary of the PARK DISTRICT. IN WITNESS WHEREOF the parties hereby have caused this AGREEMENT to be entered into and their corporate seals affixed on the date and at the place first above mentioned. VILLAGE OF MOUNT PROSPECT, MOUNT PROSPECT P;JiK DISTRICT, a Municipal Corporation. a MuniciDal Corporation. By: By: President President A'r~'~ST: Clerk Secretary Trustee Rogers, seconded by Trustee Lewis, moved to enter into the agreement with the Park District and that the President and Clerk be authorized to sign. Upon roll call: Ayes: Kilroy Rogers Lewis Teichert Colfer Grittani Motion carried. OTHER BUSINESS TrUstee Colfeb, seconded by Trustee Grittani, moved that the Board concur Tree Trim with the recommendations of the Public Works Director and Acting Village Bids Manager and accept the low bid of $6,626.25 submitted by A.J. Davis for the trimming of 607 trees. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. The Acting Village Manager has appointed the following to the Safety Ssfety Corem commission: Lt. Hedlund, Lt. Fox and Frank Krebs. Appointments Trustee Rogers, seconded by Trustee Teicher$, moved to concur with the P.~. 7 ~ohil Public Works Director and Actiug Village Manager recommendations to accept Units contra~ the contract with Motorola Co~mmunications & Electronics Inc. for ? mobile units for Public Works at a total cost of Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittaui Motion carried. Trustee c°lfer, seconded by Trustee Teichert, moved to concur with the Civil Defens~ recommendations of the Civil Defense Director and Acting Village Manager Siren Instal~ to accept the low bid of $3,240. by Thorne Electric for Civil Defense ation Bid siren installation. Upon roll call: Ayes: Kilroy Lewis Rogers Teichert Colfer Grittani Motion carried. ~i,c~ ~mi~'a-hSse Proposed ordlzl~l~ce ~ffr~dir~ Ord~-~Ilce No. 98~ "~h~s~ !ll~o~s Bell Teleph~e Co:" ~s refe~ to Judici~ C~ttee. .... I~S ~ BE N.W. r4os~u~o ' ~ ~tter ~m No~hwest Mosquito Abat~ent District re: Flo~ ~s ~batement refe~ to the Cle~ Stre~ C~ssion. l~tter ~ Pl~ Co~ssion Case 67-1BP ~ffich ~ick petition to rezone ~om E-1 67-1BP to ~B p~pe~y on the west side of ~ Rd. betwe~ ~er ~d He~ ~ ~f~ to the Judici~ ~ttee. ~R ~ETION O~Y BOLI ~ ~ct~ ~iii~ ~er ~de the follo~ appo~tments to ~LI: ~ppo~t~ents ~ch~ Jesse, ~ Ostl~, Robe~ S~e~, L~ Kloster ~d Grego~ Conlon. F~ce ~t~e' ~st 2~th ~th ~ ~y ~st 16th Ju~ci~ ~pt~er ! ~n ~11 c~l: ~es ~oy Roge~ ~lf~ ~itt~i N~s ~s ~iche~ Motion ~i~. ~e meet~ ~s a~o~ at 11:10 P.M. RICHAPG3 H. MONROE, Village Clerk