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HomeMy WebLinkAbout09/07/1965 VB minutes 2'2 ?: MINUTES OF REGULAR MEETING OF BOARD OF TRUSTEES HELD SEPTEMBER 7~ .19~5 ... President Congreve called the meeting to order at 8:08 P.M. with the following me, ers presenT: Colfer Grittani Ekren Roll call Bergen Teichert Bruhl Trustee Grittanl gave the invocation. Trustee Colfer, seconded by TrusTee Teichert, moved for approval of the minutes of August 31st as corrected. Minutes Upon roll call: Ayes: Bruhl Colfer Grittani Teichert Pass: Bergen Ekren Motion carried. Trustee Teichert, seconded by Trustee Collar, moved forratification of special meeting held on August 3t, 1965. Approve Special ~eet/ 8/31/65 Upon roll call: Ayes: Bruhl Collar Telchert Bergen Pass: Ekren Motion carried. Trustee Grittani, seconded by'Trustee Bruhl, moved for payment of the following bills: General $31,251.80 Bills Parking SysTem 1,361.18 Library 1,606.96 Public Works Bldg. 1964 12,827.70 Waterworks & Sewerage $60,62~.80 Upon roll call: Ayes: Collar Grittani Ekren Bergen Teichert Bruhl Motion carried. Trustee Ekren, seconded by T~ustee Grittani, moved Ill. Council Men- to approve appeal by Illinois Council for Mentally Retarded ta~F Retarded Children-to hold a drive in Mountprospect on Sunday, November 7, Children 1965. This motion carried hy acclamation. TrusTee Bergen, seconded by Trustee Teichert, moved to Rezone SW cot- instruct the Village Attorney of Ross, Hardies, O'Keefe~ etc. reply to summons inCourT Case 65-L-28208 regarding rezoning of Wapella for property at the southwes~ corner of Central Road and Wapella; gas station petitioner desires to erect gas station and has been turned down by The Village. Upo~ ~oll ca/i: Ayes: Bergen Bruhl Collar Ek~en Teiohert Motion carried. September 7 1965 Referred to Judiciary Committee: Request of Liquor Thunderbird and Striking Bowling Lanes to consider amend- ment to liquor code relating to hours for serving of liquor and closing hours in such establishments. Referred to Judiciary Committee: Request by Eugene Martin of the Zoning Board negarding transcripts Transcripts ZBA for Zoning Board meetings. Trustee Colfer gave Building Committee report, first bringing up petitionfor variation from Bign 0mdinance Variation Sign Ordfmom Flasht~ic Neon for sign at g60 E. Northwest Highway. Flashtric Neon Mr. Edward Zale~ from the sign company, spoke to the Board Zale asking for extension of pnesent non-conforming use, even on a limited time basis. T~ustee Colfem, seconded by Tmustee Bergen, moved to concur with the recommendation of the Building Committee that this request be denied. Upon moll call: Ayes: Bergen Colfer Grittani Teichert Nays: Bruhl Ekren Motion oamried. Trustee Colfer brought up request from sign varia- Sign variation tion from Federal Sign and Signal Corporation =o erect sign Federal Sign & 25'6" in height, twice as high as code allows at Wiggins Signal Corp. Real Estate at Northwest Highway and Central. (Wiggins Real Est) T~ustee Colfer, seconded by Trustee Bergen, moved to concur with the recommendation of the Building Committee that this petition be denied. Upon roll 'call: Ayes: Bergen Colfer Grittani Teichert Bruhl Ek~en Motion cammied. T~ustee Colfer brought up request from sign vamiation fmom Fedsrel Sign & Bignal Corporation to erect sign 25'6" in height~ twice as high as code allows, at Wiggins Real Estate at Northwest Hwy. and Central. T~ustee Colfe~, seconded by T~ustee Bergen, moved to concur with the recommendation of the Building Committee that this petition be denied. Upon moll call: Ayes: Bergen Bruhl Colfer Ekren Gmittani Teichemt Motion carried. T~ustee Colfer brought up request for variation from fence o~dinance f~om Walter Beaudette of 1408 S. Birch, asking Fence Ord. for 6-ft. fence down one side of his property for a distance Walter Beaudette of 60 feet. 1408 Birch T~ustee Colfer, seconded by Trustee Bergen~ moved to concur wil~h the ~ecommendation of the Committee that this request be denied. Upon roll call: Ayes: Bergen Bruhl Colfem Ek~en Grittani Teichert Motion carried. September 7, 1865 229 Trustee Colfer brought up request for variation f~om Sign Ordinance from Holiday Inn asking for construe- Holiday Inn me tion of thei~ regular sign, which would be ~3'B" high instead Holiday Inn re signs of 18-foot maximum requi~ed, signs f--~ T~ustee Colfer~ seconded by T~ustee Bergen, moved to concur with the re¢ommendatio~ of the Committee that this request be denied, Upon roll call: Ayes: Bergen Bruhl Colfer Ek~en Grittani Teichert Motion carried. Trustee Colfer reported re gutters and downspouts GuttePs & Down. ~,~ as follows: spouts "Section 59 Chapter 6 of the Mt. Prospect Building Code was repealed by Ord. #855 on 8-21-62. Therefore gutters and downspouts are not presently required on any buildings. As par= of the continuing up-~ading of our Buildin~ Code the C~nmit~ee recommends that the old Sec. 59 Chap. 6 of the Mt. Prospect Building Code be reinstated." Trustee Colfer, seconded by Trustee Grittani, moved that the VillaEe Attorney p~epare an ordinance reinstating the ~utter and downspout requirement to the Building Code. This motion caxTied by acclamation. Trustee Colfer read report from himself as follows: "~e: Floodin~ - 900-block on S. Edward Street Flooding - S. EdwaPd St. Since ~heVillage has received $75~ from the builder to pay for an additional catch basin, I ~espectfully request that this item be dropped from the Building Committee and cha~ged to the Village Manager." P~esidsnt Congreve allowed this item to be d~opped f~om Com- mittee, and given =o the Village Manager. Trus=ee Grittani, seconded by Trustee Teichert~ moved for the passage of Ord. 1078: O~d. 1078 Municipal Leas- IMPOSING A MUNICIPAL LEASING OCCUPATION TAX inE Occupatio~ ~ax Upon roll call: Ayes: Colfer Grittani Ek~en Bergen Bruhl Teichert Motion carried. Trustee Grit~ani, seconded by Trustee Teichert, moved for the passage of Ord. 1079: O~d. 1079 Levy & Collect ~"~ AUTHORIZING THE LEVY AND.COLLECTION OF TAXES Taxes FOR THE CORPORATE AND MUNICIPAL PURPOSE OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 1~ 1965 AND ENDING APRIL 1966. Upon roll call: Ayes~ Co~fer Grittani Ekren Bergen Teichert Bruhl Motion carried. September 7, 1965 30 T~ustee GriTTani, seconded by Trustee Teichert, Ord. 1080 moved fo~ The passage of Ord. 1080: Levy of add. tax for street 6 bridge PROVIDING FOR THE LEVY OF AN ADDITIONAL TAX FOR STREET AND BRIDGE PURPOSES FOR -- THE FISCAL YEAR COMMENCING MAY 1, 1965 AND ENDING APRIL 30, 1966 FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS Upon roll call: Ayes: Bergen Bruhl Colfer Ekren Grittani TeicherT Motion carried. Trustee GriTTani, seconded by Trustee Bergen, Issuance of war- moved That The following wa~anTs issued To The vendors in- rants dicated be cancelled as they have been lost and That The Village T~easu~er be authorized ~o issue warnanTs to ~eplace These cancellations: 4-7-65 D-2538 Paddock Publications, Inc. ~Waterworks & Sewerage $ 8.75 7-8-65 D-3570 UTility Sewe~ & Water Co. General 21.98 Upon roll call: Ayes: Bergen B~uhl Colfe~ Ekren GriTTani TeicherT Motion carried. Trustee Teichert, seconded by Trustee Bergen, moved that the Clerk be instructed no~ to publishThe foregoing tax levy. Upon roll call: Ayes: Bergen Bruhl Colfer Ekren Teichert GriTTani Motion carried. Trustee Teichert gave recommendation of the Fime & Police Committee-To stop northbound traffic on Robemt Dbive Robert Dr. before it c~osses Willow Lane because of the numbems of school children. T~ustee Teichert, seconded by T~ustee Colfe~, moved that the Stop sign Village ATTorney be instructed To draw up amendment to traf- fic ordinance providing for a s~op sign at The southeast corne~ of Robert Drive and Willow Lane. Upon roll call: Ayes: Bergen Bruhl Colfer Ekren Teichemt GriTTani Motion carried. Trustee Bergen, seconded by Trustee TeicherT, moved Ord. 1081 for the passage of Ord. 1081: Annex 1.285 acres S. Kensington Rd. ANNEXING 1.285 ACRES OF LAND LYING SOUTH OF KENSINGTON ROAD~ 740 FEET WEST OF WILSHIRE DRIVE Upon roll call: Ayes: Bergen Bruhl Colfer Ek~en Grittani Teichert Motion carried. September 7, 1965 Trustee Bergen, seconded by Trustee Teicherl, moved for the passage of Old. 1082: Ord. 1082 Annex ANNEXING CERTAIN PROPERTY (CYPRESS LANE) Cypress La. TO THE VILLAGE OF MOUNT PROSPECT Upon ~oll call: Ayes: Bergen Bruhl Colfer Ekren Grittanl Teichert Motion ca~rled. Trustee Bergen~ seconded by Trustee Grittani~ moved for the passage of O~d. 1083: 8rd~ ~t083 ANNEXING 2.00~7 ACRES OF LAND LYING SOUTH- Judith Ann Dr WESTERLY OF RAND ROAD AND NORTH OF JUDITH ANN DRIVE Upon roll call: Ayes: Bet&eh Bruhl Colfer Ekren Grittani Teiche~ Motion carried. T~ustee Bergen~ seconded by Tl~ustee Teiche~=, moved for the passage of Ord. 108~: Ord. 108~ ANNEXING .~$9 ACRES OF LAND ON GOLF ROAD .~59 acres 85~.70 FEET WEST OF ELMHURST ROAD Golf Rd. Upon roll call: Ayes: Bergen Bruhl Grittani Ekren Teichert Colfer Motion carried. ~¥ustee Colfer read the following report: The Department of Public Works has prepamed a memo indicating the Village streets a~e in urgent need of tamring. It appears Tarring of the~e has been no systematic program of st-~eet tamring in pre- streets vious years, and consequently most~village streets need work to preven~ majorresu~facing pmojec~s next summer. The bud- gered amoun~ of $750 has been spenT. Approxi~tely $5000 in addition funds are required. T~ustee Colfer, seconded by Trustee Teichert, moved that the Board concur in the recormnendation of the Public Works tee that $5000 be spent for street tarring providing money is available. Upon roll call: Ayes: Be~en Colfer Ekren Grittani Teichert Nays: Bruhl Motion ca, tied. Trustee Colfer, seconded by Trustee Grittani, moved to direct the Village Manager to initiate MFT p~oceedings to secure funds for stmeet tarring. Upon roll call: Ayes: Bergen Bruhl Colfer Grittani Teichert Ekren Motion caz~ied. T~ustee Colfe~ reported regarding contemplated acid- izing and repai~ of Well ~10~ and moved, seconded by Trustee Teiche~t, that the Board ¢oncum in the z~co~mlendation of the Repair We~% #1~ Public Works Co~ittee that Well 10 not be acidized and ~epai~ed September 7, 1965 232 at this time. This motion carried by acclamation. provide penalty non- T~ustee Colfer gave first ~eadtng of ordinance~ p~o- payment water bills riding penalties for non-payment of watem bills. T~ustee~Colfer, seconded by Trustee Teichert, moved that the. Board concur in the recommendadtion of the Public Works Committee tha~ the Village Attorney draw ordinance $5 water use fee changing Sec. 308 of Chap. 23 to stipulate a flat fee of $5 during construct, for water used during construction. This motion carried by acclamation. T~ustee Colfer, seconded by T~ustee 'Teichert, moved · that the Board concur in the ~eoommendation of the Public Works Committee that specifications be drawn and bids taken storage reservoir for construction of a million-gallon ground storage reservoir Well Site ~5 at Well Site #5. Upon roll call: Ayes: Bergen Bruhl Colfer Ekren G~ittani Teichert Motion carried. T~ustee Bruhl repomted regarding 2 martin houses: the birds are annoying to the neighbors of the resident who harbors them. Lt. Esmond has talked-to the owners and they martin houses have agreed to take down one of the houses. Acting Manager Hemmet'er repo~ted on'Cook County Zoning Dockets 921, 923 and 94g with the recommendation not County Zoning to object to these appeals. T~ustee Teichert read agreement drawn between Di Mucci Home Builders, Inc. and the Village, reproduced on Di Mucci the following pages 233-254. T~ustee Teichert, seconded by Trustee Colfer, moved that the Board approve the foregoing agreement and direct the Village President and Village Clerk to sign same. Upon roll call: Ayes: Berg6n Bruhl Colfer Ekren ''Grittani Teichert Motion carried. Mr. Ernest Sauber representing the DiMucci interests, was present. September 7, 1965 MEMORANDUM OF AGREEMENT THIS AGREEMENT made and. entered into this SEVENTH day of September, 1965, by and between THE VILLAGE OF MOUNT PROSPECT, a municipal corporation of Illinois (hereinafter called "Village"), DI MUCCI HOME BUILDERS, INC., anCIllinois Comporation [hereinafter called the "Builder"), and UTILITY SEWER & WATER CO., a public utility corporation organized under the laws of the State of Illinois (hereinafter called the "Utility" ), WITNESSETH THAT: WHEREAS, the Builder is engaged inthe construction of build- ings on the p~operty known as ELK RIDGE VILLA in Sections Di Mucci Agree l~ and 15 in Township 41, in Mount P~ospect, Illinois, and Elk Ridge Villa has heretofore applied to the Village for building from the Village for the erection of buildings on said land, and intends To apply for additional per, its for buildings thereon, and WHEREAS, The Village has ~efused to issue building permits to the Builder on the g~ound that the Village contends and the Builder and Utility deny, that the water system which supplies water to the land described as ELK RIDGE VILLA and will supply the water for buildings to be erected on said land is inadequate~ and WHEREASg the Utility is the owner of the water system supply- lng water To said area and is the duly franc~i§ed water and sewer utility supplying water and sewer services in this a~ea, and holds a certificate of convenience and necessity therefor~ and WHEREAS, the parties hereto desire to settle and compromise the disagreements between them. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed between the parties he~eto as follows: 1. Utility agrees to constr%lct a 500~000 gallon capacity ~eservoir with necessaz~j pumps and piping as a part of its system, said reservoir to be located on Lot T as shown on the proposed plat of subdivision of ELK RIDGE VILLA Unit hereinafter z~ferred to, provided the Village grants a build- lng permit for the building of said r~servoir and the land is zoned by the Village so as to permit the erection and maintenance of such a ~eservoir. The Utility agrees to make application the Village for rezoning of the property upon which the reservoir is to be located or for a variation, to permit such e~ection, and to apply for a building permit for the erection thereof~ and to diligently prosecute and car~y on proceedings to obtain such zon- ing and per~ait. 2. The Utility has submitted to the Village and the Village has approved the drawings, plans-and specifications for such reservoir and pump house, which drawings, plans and specifica- tions have been prepared by E. N. Fletcher, Engineer, under date of August 20, 196S~ beaming his number 65-82, a copy of which has been .supplied to the Village. Said engineer has also supplied to Utility and the Village an esti- mate of cost fom-.such work and the estimate of cost is $50,500. Utility will deposit with the Pioneer Trust & Savings Bank, in cash or negotiable.securities, said amount of $50,500 under an agreement whereby said funds shall be disbursed to the suppliers of labor and material for the erection of said reservoir and pumps upon presenta- tion of waivers and such other evidence as may be necessary to September 7~ 1965 34 insure the Utility that said labor and material has been supplied and fully paid for. Payment shall be made to such suppliers on the order of said engineer provided that no payment shall be made to any supplier un~il the labor and Agreement material so paid for shall have first been approved in writin~ (Contd.) by the Village Engineer. Elk Ridge Villa 8. The Utility has entered into Written agreements withsuppliers and contractors to complete ~said reservoir and pump house with Chicago Bridge and Iron Company and Clearbrook Plumbing Company and copies of said contracts have been delivered to the Village. 4. Utility agrees to make those improvements and addl- tions to its systems as are described and indicated on the draw- ing entitled "Dempster Street Water Main Extension," prepared by E. N. Fletcher, Engineer, under the date of February 11, 1965, as revised'AugUst 26, 1965, bearing his n6m]~er 65-6, said drawings having been'approved'by ~he Vfllage and a copy thereof ha~ing been delivered to the Villagel 5. The reservoir and the additions To the water mains which are to be installed in aCCordance with this Agreement shall become a part of the regular system of the Utility. 6. The Builder has'heretofore'filed with the Village a proposed plat of subdivision of Elk Ridge Villa Unit #7, being part of the land contained in ELK RIDGE VILLA hereinabove referred to, and upon a portion of which the reservoir and pump house are to be located. Said tentative plat of subdivision has been pre- pared by Nelson, Harker & Molloy, Inc., registered land surveyors, their order n~mber 650408, dated April 21~ 1965, revised Augus~ 23, 19~5. Said plat has been approved by the Plan Commission of the Village, to~ether with the drawings and specifications relatin~ to the installation of off-site improvements prepared by E. N. Fletcher Engiheer, u~der date of-August 27, 1965, bearing his job number 64-43. The plat of subdivision shall be recorded with the Recorder of Cook County, Illinois, upon the request of the Builder, and upon the filing by the Builder of bonds as required by'the ordinances of the ~illage. 7. There are approximately 135 applications for building permits filed with the Village by the Builder. The Village shall upon execution of ~his Agreement immediately issue said building permits andshall continue to issue building permits upon applica- tion oftheBuilder for single'family residences until Builder shall have received 150 permits. It is contemplated that Builder will confinue to make'application for buildihg permits in accord- ~nce with the ~iisting ordinances of the Village and that the same will be expeditiously proeessed bY the Village, bUt.~he Village~may withhold issuing of such permits (over and above the 150 permits referred to) until the reservoir and pump house are completed. 8. Upon full performance by the Village of its undertak- ings hereunder, the Utility and the Builder will dismiss all pending proceedings in law or equity instituted by either of them against the Village and will release all claims that either might have as of this date against the Village, its officials and agents. IN WITNESS MEREOP, ~he parties have hereunto set their hands and seals the day year first hereinabove written. THE VILLAGE OF MOUNT PROSPECT (President and Clerk) DI MUCCI HOME BUILDERS, INC. (President and Secretary) UTILITY~EWER ~ WATER CO. (President and Secretary) Septembe~ 7, 1965 President Congreve read the following Plan Commission Report: August 18, 1965 Gentlemen: The Plan Commission held an open hearing on a proposed amendment to the Village Plan on August 17, 1965. The amendment would add To Sec. 14 of Art~ 2 of the Village Plan-of Mt. Amend Village Prospect the following sentences: Plan Any person, firm or corporation that shall commence the construc- Tion of any public impro%mlents described in Sec. 9 of the Article 2 without having complied with all of the provisions of this Article 2 of the Village Plan of the Village of Mt. Prospect shall be fined not less than $25 nor more than $200 for each such of- lense. Each day that a violation is perlnitted to exist or con- tinue shall constitute a separate offense. No objectors were present. The Plan Commission, by a unanimous vote, recommends the Village Board pass an ordinance adopting the above amendment. Respectfully submitted, Lloyd R. Noz~is, Chairman Bernard H. R. Hen~neter, Acting Sec'y The above matter was refaced to the Judiciary Committee. Trustee Bergen gave Second Report from Zoning Case 65-9 as follows: September 2, 1965 65-9 ~erabesis TO: Board of Trustees FROM: Zoning Board of Appeals RE: CASE 65-9, Louis Lembesis Heard May 21, 1965. Initially reported May 26, 1965 Remanded to Board of Appeals June 21, 1965 On August 31, 1965 the Zoning Board met to consider an opinion, dated June 15, 1965, rendemed by Village Attorneys Siegel and Smith regarding this case. This is a corner lot and the problem revolves around which of two st-~eet sides is to be considered "front yard". The legal opinion points out that because the Mount Prospect Zoning O~dinance does not define the te~m "front yard" either view may be taken. Furthermore, if the-view is taken that the Wapella side is the front yard, even though the side of the house will face it, in the Attorney's opinion a house could-he constructed without any variation whatever. This is the view the Board chose to take, principally for two reasons: 1) Wapella Avenue is the mailing address of the property and 2) a study of the zoning may (p. 16-S) indi- cates, in our opinion, that the subdivider intended that p~oper- ties in this area front on-Wapella Avenue. September 7, 1965 Consequently, the Board feels that the property owner was inco~eotly advised by Village employees to apply for a variation. We recommend that the fee the petitioner paid for consideration of his variation be refunded. RespeCtfully submitted, E~ F. Martin, Chairman. Lembesis refund Warren W. Carlson, Acting Secy. T~ustee Bergen, seconded by Trustee Teichert, moved that the Board concur with the Zoning Board in r~gard to above case and allow th9 petitionerto build his house, with full refund of fee to the petitioner. Upon ro%l call: Ayes: Colfer Ekren Grittani Bergen Bruhl Teichert Motion carried. President Congreve read letter of resignation from Resignation Chief George Whittenberg, resignation to take effect as of Whittenberg November 1, 1965. September 7, 1965 Honorable President and Members of the Board of T~ustees Gentlemen: I have for many years sat in attendance at Village board meetings and in those year I have heard many letters such as this read to the public. Most of them were short and a few were bitter. Mine is not bitter and because of my many yeal~s of service, I think should not be short. Resigning from a job that has been one's whole life is not done quickly or easily. I have p%anned and delayed again and again. Now it is time to see it done. I do not feel my age but I must face it - - the years are there. I was appointed motorcycle office~ in 1932 and Chief in 1937. I have built the Police Department up from one man to the present s~ength of twenty-six men and one woman -- and we still need mo~e with out population a~ound thirty thousand. While I do not know everyone in town, I think I know most of them, and by their first name, too. ~nd I thank God the g~eat majority a~e all good people. I am very proud of Mount t~ospect, as this is my home town, and I am particularly very proud of our Police Department who have and are doing a very good job. I have always tried to keep Mount Prospect clean and free of scandal and to this end I was successful. I had hoped to ~etire September 1st but without a Vitla~e Manager %his did not seem to be the right thin~ to do as I may be of some assistance to the Village. So that no problems will be caused by my leaving, I should llke to offer my r~signation now~ as Chief of Police, and I respectfully request that it be effective as of November 1, 1965. Very Sincemety yours, George E. Whittenbemg Chief of Police September 7, 1965 237 Acceptance Trustee Teic~rt, seconded by Trustee Grittani, Whittenberg moved to accept Chief Whittenbe~g's resignation, resignation Upon roll cab: Ayes: Be~en Colfer G~ittani Teichert Nays: Bruhl Ekren Motion c~ried. Trustee Ekren spoke for the Boa~ in giving thanks ~o the Chief ~r his many years of service. Adjour~en~ hy accl~ation a~ 10:30 P.M. ~spectfully su~itted, Richard H. Mon~e, Clerk September 7, 1965 ~-~