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Home My WebLink About03/15/1966 VB minutes MINUTES OF THE REGULAR MEETING OF THE BOARD OF TRUSTEES MARCH 15, 1966 In the absence of President Congmeve, the Clemk called the meeting to orde~ at 8:07 PoMo INVOCATION Invocation Tmustee Teichert gave the invocation. POSTING OF COLORS Cadet Gi~l Scout T~oop q53, under the leadership of Mms. Costello and Mrs. Rogers, posted the coloPs. ROLL CALL P~esent: Bergen Bruhl Colfer Ek~en Grittani Teichert Absent : President Congreve Roll Call PRESIDENT PRO TEM Village C~e~k M~nroe asked.for nominations for President Pro Tem. Trustee Teichert~ seconded by T~u~tee Ekr~n~ nominated Trustee Grittani. Pres. Pro Tem The~'e were no other nominations. Trustee Teichez-t, seconded by Trustee Bemgen, moved nominations be closed. Unanimous. Chairman called for Board acceptance of nominee, T~us~ee Gmittani~ as President Pro Tem. Unanimous. MINUTES Co~ections To Minutes of MaPch 1, 1966: PE~ 2 - under Finance Committee state "gave first ~*eading of an o~dinance" instead of "to", Pg. 3, in- Minutes stead of "the question~was called" state "the motion was called." Pg. Show Trustee Be~'gen read a tettem directed to ?~esident Congreve by Paul Brandel. Aftem these suggestions, Trustee Teichemt moved, Tmustee Colfem seconded, the minutes be approved as comrected. Upon moll call: Ayes: Bergen g~uhl Colfer Ek~en Teiche~ Motion carmied. APPROVAL OF gILLS AND FINANCIAL REPORT General Fund Pa~king System Revenue 1,580.58 Bills Libmary 5,010.51 Motor Fuel Tax 500.00 Waterworks & Sewemage Fund .1.8,b16.. 90 Total $81,739.45 Tmustee Bruhl, seconded by Trustee Bergen, moved for appP~val of the above bills. Upon mot1 call: Ayes: BePgen Bruhl Colfez. Ekren Teichez~ Motion carried. T~ustee Bruhl presented the Financial Report - February 28, 1966 Summar~ of Cash Receipts and Disbursements, as moved, seconded by Trustee Be~gen~ that the ~port be accepted as submitted, pending audit. Financial Repor~ Upon Poll call: Ayes: Bergen B~uhl Colfem Ekz~en Teichert Motio~ carried. March 15, 1966 Case 66-8P CITIZENS ~0 BE HEARD rezoning Pine Mr. Howard R. Kaufman, attorney representing Neil Livingston, g Central Plan Commission Case #66-8P, appeared before the Board to appeal the dedision of the Plan Commission to recommend denial rezoning of property at Pine and Central from I-1 to B-3. This mat~er was referred to the Judiciary Committee on March and Trustee Bergen suggested when the case is ~o be considered by them the V~llage Manager contact the attorney. Youth CommissiDn Repot: of Mount Prospect Youth Commission presented by L,S. Jenness, Chairman, Trustee Teicher~ requested the repoz~ be referred Fo the Police and Fire Committee meeting scheduled for March 16th. Approved. COMMITTEE CHAIRMEN REPORTS Ord. 1145 FIRE AND POLICE COMMITTEE Amend Sec. 18.325Trustee Teicher~ gave second reading of Ordinance No. 1145: defining an unattended vehicle AN ORDINANCE AMENDING SECTION 18.325 - defining an unattended vehicle, Trustee Teichert moved, Trustee Bergen seconded, for passage, approval and publication of Ordinance #1145. Upon roll call: Ayes: Bergen Bruhl Collar Ekren Teichert Mo~ion carried. Ord, 1146 Trustee Teiche~ gave second reading of Ordinance ~1146: Amend Sec.18.606 Standards for AN ORDINANCE AMENDING SECTION 18.606 OF THE MOUNT Brakes PROSPECT MUNICIPAL CODE se~ting standards for brakes. Trustee Teichert, seconded by Trustee Bergen, moved for passage, approval and publication of Ordinance #1146. Upon roll call: Ayes: Bergen Bruhl Collar Ekmen Teichert Motion carried. Ord. 1147 Trustee Teichert gave second reading of Ordinance #1147: Amend Sec. 7,101 Officers & AN ORDINANCE AMENDING SECTION 7.101 OF THE Firemen MOUNT PROSPECT MUNICIPAL CODE providing officers and firemen by resolution of the Presiden~ and Board of Trustees. Trustee Teichert, seconded by Trustee Collar, moved for passage and approval of Ordinance ~i147: Upon roll call: Ayes: Bergen Bruhl Collar Ekren Teiche~t Motion carried. Res. 12-66 Trustee Teicher~ read Resolution #12-66: Fire Lanes A RESOLUTION DESIGNATING CERTAIN AREA~ -- AS FIRE LANES Trus=ee Teicher~, seconded by Trustee Colfer, moved for passage~ approval and publication of Resolution #12-66. Upon roll call: Ayes: Bergen Bruhl Collar Ekren Teichert Motion carried. March 15, 1966 JUDICIARY COMMITTEE - Trustee Bergen ase Trustee Bergen gave a report on the Klein C~se, which has been car- Case No. tied over from the March 1st meeiing. The Judiciary Committee re- 62522734 commended the Board approve the Consent Decree (Town Development Co., Town Develop- vs. Village of Mount P~ospect, Case No. 62S 22734) which was read ment vs Villa~ by Trustee Bergen, Trustee Bargen then moved for approval of the Consent Decree, directing R. J. Downing to sign it on behalf of the Village. Trustee Teichert seconded. Under discussion, Trustee Bruhl ~ead the following statement, requesting it be included in the minute~ in its entirety. COMMENTS: "As both a ~es&dent in the area near the Klein prqparzy and also as a member of this Board for the last five years I probable have had more background information, on this case than the other Trustees. For this reason I believe fL appropriate that I share such knowledge with my follow Board Members. .(A good share of my information on this case was obtained while lis- tening to nine hours of deposifion from Mr. Klein an.d his son-in-law, Mr. Tuber, as part of the proceedings in this case.) Point No. 1 At the time that Mr, Klein applied for annexation to the Village for the entire parcel known as We-Go Park, his reques~ included other than R-1 (single family residence) zoning for the particular trac= of land. His application at that time was acceptable ~o the Village Board exep~t for this specific variation in zoninE. He ~as told that the entire par- cel had to be R-1 and Mr. Klein proceeded To annex the entire We-Go Park area as E-1. Mr. Klein made a voluntary action to annexation wi=h his eyes wide open knowing ~hat the Village Board, at that time, wished =o preserve the residential characteristic of the Village. Point No. 2 Mr. Klein sold propez~y abutting this particular tract of land with the verbal statements and Verbal promises that h~is trac~ was zoned R-1 and as such would be buil~ up as single family residence. Point No. 3 Upon two occasions Mr. Klein, a~d it must be pointed out that this was after he had sold homes to all the abutting property owners, filed ps--ions for rezoning with %~e Zoning Board. On. both occasions, the Zoning Board protected the property owners by denying the petitions. In both instances the Village Board concurred with the Zoning Board and did in fact, protect the abutting prope~y owners. Point No. ~ During the deposition procedures and upon extensive quesiioning of both Mr. Klein and ~r. Tuber regarding every person, (name by name) of all Village Baord members, Zoning Board members and Plan Commission mem- bers since the We-Go Park annexation, neither Mr. Klein nor Mr. Tuber could s~a:e that any person connected with the Village ever agreed to their rezoning proposal. Their only reference was that they thought (did no~ know) but ~, that Mr. Dresser and Mr. Cleven thought' it might be a good zdea. As both Mr. Dresser and Mr. Cleven served in an advisary capacity, neither, if true~ could be construed to be a Village --- Committment, These ~wo weak points being the strength of thief case, I certainly can understand those legal objectors who prefer ~o stand their chances in court. March 15, 1966 Poin~ No. 5 Case No. After reviewing the dedication of all preceeding Board Members to pro- 62522734 ~ecT property o~a%ers from financial losses instead of favoring land der- Town Develop- elopers who, through the inference that the Village protected menu vs VillaEe the zoning, sold houses at prices commensurate with such Village protection, i ~not understand the reversed opinion by members of this Board. Why would some member at this time decide that all of his predecessors were wrong. In such protection of~property values~ there isno question that the property owners thought they had the p~otection of the Village officials to maintain status quo. Why at this ~ime do some Village officials feel that they sho~dnn~gatei~2 years of combined opinion to prot~t property owners in favor of a land developer who thrived on such reliance. I know that there must be a great deal of money advantage to the defeloper, but every dollar will be taken at the expense of the surrounding property owners in the form of devaluated property. Point No. 6 The' acting tonight is illegal and therefore should not be taken. I offer the following in support ~f such views. (a) Chapter 2~ Section 11-13-1~ states, in part, as follows: "But no such amendments Shall be made without a public hearing before such Commission or Committee designated by the Corporate Authorities. Notice shall be given of the time and place of the ~s~i~, not more than 30 days nor less than 15 days before the hearing, by publishing a notice thereof a least once in one or more local newspapers liahed in the municipality." As a .Consent Decree, this~is not a judication om a point of law and canno~ be construed.as the opi~onfof ao~our~.Further as it is not the purpose of a. court To avoid the la~, but to uphold the law, this Consent Decree is an action of opinion of this Board, and as such without a public hearing is in violation of Section 1i-13-1~ of Chapter 24 of the Illinois Statutes, and therefore illegal. Further~ the matter has been considered by the Judiciary Commit- tee, although according to the Village Ordinance Article 6 Section 5.603, such matters shoul~ have been presented to the Zoning Board of Appeals for a public hearing. As this Consent Decree motion is not in accordance with the Illinois Statutes Chapter 24 Section 11-13-14 nor with Mt. Prospect Ordinance Article 6 Section 5.603 it should be tabled' until the legal req%l~ments of the Statutes and the Ordinance have been complied with." Trustee Bruhl, seconded by Trustee Ekren, moved the matter be Tabled until legal requirements of the Statutes and the Ordinance have been complied with. Trustee Bruhl was advised a motion predicated on improper action of the Board was out of order. Trustee Bruhl, seconded by Trustee Ekren, moved =o table. Mr. John Summerfield, attorney at 111 W. Washington St. in Consent Decree Chicago, representing Mr. Richard Green~ Mr. Wayne Tire, Mr. John Swider, Mr. Jack Piper~ appeared To object to Consem~ Decree because certain stipulations were not satisfactory to his client. Letter directed to the Board dated March 15, 1966 placed on file mn the Clerk's office. March 15, 1966 r. Vern McKantz, 12 $. WaPella, stated he had no prior notice befor~ receiving a copy of the Consent Decree. He objected to the approval Consent Decre~ of the Consent Decree~ and what, in his opinion, would be a traffic hazard. Mr. Russel Gungel, 72~ W. Busse, also objected to the traffic prob- Cathy Lane lem and requested "no parking" signs.he posted. He asked the Board to consider making Cathy Lane a one-way street and to study the problems which would be created during construction. Board ~eferred the matter of Cathy Lane traffic cutoff from North- west Highway and/or one-way street to the Village Manager for ~ecom- mendation. Trustee Ek~en felt there would be to~ much congestion at this location. T~ustee Bruhl concurred, and also felt there was discrimination against residents in the 700 block if this proposal' were permitted. Trustee Teichert explained the Commiitee did mot wi~h to risk fighting this case further in the courts. If the Village should lose it, the property could be zoned I-l. Even if the Village won, the developers could renew their plea after one year, thereby costing the taxpayers more expense in legal fees to again defend the suit. Trustee Bergen pointed out that five of the six objections entered by A~to~my Summerfield on behalf of his clients had already been resolved and in¢omporated into the Consent Decree. He further noted Rhat about 50% of the propez~gy would remain R-1 and the other half would be the equivalent of B-2 ui~h even further restrictions. President called the question, requesting motion be meread by Clerk. Upon roll call: Ayes: Trustees Bruhl and Ekmen Nays: Bergen ~olfer Teiche~t Pmesident Pro Tom Grittani Motion failed. Trustee Bergen, seconded by Trustee Teichert, moved to enter the Consent Decree as read, and authorize Mr. Downing to sign the decree. Upon roll call: Ayes: Bergen Colfer P~esident Pr~ Tom Grittani Teichez~ Nays: Bruhl Ekren Motion carried. PUBLIC HEELTH ~D SAFETY COMMITTEE - Trustee Bruhl Committee recommended Weller Lane be designated as one-way (south- Ord. re; bound) during school traffic hours, and Trustee Bruhl read for first Weller Lane reading an ordinance relative thereto, requesting it be placed on the agenda for second reading at the next meeting. Approved. Public Health and Safety Committee recommended that the Village construct a cumb sidewalk on the west side of Wetler La~e extending from Central Sidewalk on Road to a point opposite the easement sidewalk south of the Weller Creek ~eller lane Bridge, and the Superintendent of ~ublic Works be dire.cted to include fro~ Central the above curb sidewalk in the Village snowplowing program, to Weller Cree Public H~al~h and Safety Committee recommended that no-parking signs be erected for east side of Weiler Lane during the school traffic periods, Ord. re: No and Trustee Bruhl read. for first reading an ordinance i.p~bhlbiting parkin~ on parking along Weller Lane south of Central Road on school days between Weller Lane 8:00 A.M. and ~:00 P.Mo He requested it be placed on the Agenda Durln~ school. for second reading at the next meeting. March 15, 1966 Busse Ave. Public Health and Safety Committee recommended that the Village street crossing paint and clearly mark the Buase Avenue crossing and the ease- ment sidewalk crossing as designated. Schoolboy cross- Public Health and Safety Committee recommended that the Village solicit lng guards for the Westbrook School to obtain two schoolboy crossing guards Westbrook School for the above two crossinE areas. OTHER BUSINESS Vill.age Mgr. Memorandum from Village MmnSger, requesting his temporamy ap- temporary pointment as Acting Building Commissioner in order, (1) to have Acting Bldg. legal authority to enter premises for the purposes of inspection, Commissioner (2) to have direct power to issue Stop Orders, ($) to sign all permits To insure tightscontrol. Mr. Hemmeter ~c Manager further suggested Mr. Bernard Hemmeter continue in continue as present capacity as Assistant Manager until completion of work in Asst. M~r. Building Department. Trustee Teichemt, seconded by Trustee Cdlfer, moved the Village Manager b~ appointed Acting Building Commissioner as requested. Upon roll call: Ayes: Bergen B~hl Colfer Ekren Telchert Motion carried. It was the sense of the Board that Mm. Morgan's request that Mr. Hemmeter continue in present capacity was an administrative prob- lem and should be au the Manager's discretion. Legal statement from K. C~ooks and E. Hofert had been received. Referred =o Judiciary Committee. Proposed It was requested the proposed annexation of property eas~ of annexation east Westga=e Road and North of Central be referred to Judiciary Committee. of WestMate Rd. Trustee Bergen requested deferral because the Committee had sch- ~ No. of Central eduled a meeting with the people of Fairview Gardans area who were seeking the viewpoints of the Village, par~cicularly to the property immediately adjacent, Matter deferred until next Board meeting~ C&NW objection The Chicago and North Western Railroad filed an objection to the [to tax levy rates se= forth in Village's tax levy. Referred to Village Attorney and Finance Director. The Police Chief received the following bids for one police car: Police Car Bids Des Plaines Plymouth - Fury $2,251.00 Trade-In Allowance 800.00 $1,~51.00 Des Plaines Plymouth - Belvedere $2210.00 Trade-In Allowance 800.00 Mark Motors - Plymouth Fury $2193.05 Trade-In Allowance 750.05 Sl~q3.05 Mark Motors - Plymouth Belvedere $2i45.57 Tmade-In Allowance 750.00 Park Ridge Plymouth - Fury $2131.55 TradS-In Allowance 850,00 $1281.55 Park Ridge Plymouth - Belvedere $2090.07 Trade-In Allowance 850,00 S12~.07 The above bids were referred to Fire and Police Committee for considemation. March 15, 1966 13-66 Trustee Colfer presented ReAolution for construction of a bridge over Res. ~pplic~i Weller Creek under the MFT Program of 1966: for brid~e cvs Weller Creek RESOLUTION 13-66 at Emerson MF~ Trustee Colfer, seconded by Trustee Teicher~, moved for passage and approval of Resolution 13-66 authorizing an application to the State for construction of a vehicular bridge over Weller Creek at Emerson Street. Upon roll call: Ayes: Bergen Bruhl Oolfer Ekren Teichert Motion carried. Trustee Colfer, seconded by Trustee Bergen, moved for passage and ap- proval of RESOLUTION 14-66 ~,~ For improvement by Municipality under the Illinois Highway Code for cons- Res. 14-66 '~'C~ truction of the bridge over Weller Creek. BridEs over ~ Weller Creek ~.~ Upon roll call: Ayes: Bergen Bruhl Colfer Ekren Teichert Motion carried. Resolution presented for Improvement by Municipality under the Illinois Res. for Traff Highway Code for cons:ruciion of traffic control signals at Elmhurst signals at Rt$ Road (Ill. Rte. 83) at Lonnquist Parkway under MFT program for 1966. 6 Lonnquist Trustee Colfer, seconded by Trustee Bergen moved for passage and ap- parkway ~FT proval. Under discussion,. Trustee Teichert, seconded by Trustee Ekren, moved to table. Upon roll call: Ayes: Colfer Ekren President Pro Tem Grittani Teichert Nays: Bergen Bruhl Motion carried. Trustee Bergen requested the ma~ter be placed on the next agenda. WELL ~ 6 Ther~ has been a decrease in the pumpage of water at Well ~6 over EeDair of the past few weeks. The pump originally produced.1500 gallons per Well # 6 minute and now the productions is down to 950 gallons per minute. The Director of Public Works has noticed mand and brass filings in the water samples which indioate~ that sand is getting into the pump and wearing down the "bowls". J.P. Miller Artesian Well Co. recommends pulling the pump as soon as possible in order ~o be sure that additional repairs are not required, which may take some time to obtain from the factory. Letter from Director of Public Works concurs with the rec- ommendation of J.P. Miller, estimating cosz between $8,000 and $9,000. Village Engineer Hemmeter r~quests ~foard authorization to have the pump at Well No. 6 repaired. Matter referred to Village Manager to contacz at least one or more other well companies to get figures in order that the Board might act. The Manager was directed to make his recommendation after bids received. March 15, 1966 OMMITTEE MEETINGS Fire and Police Committee March 16, 1966 8:00 P.M. Plan Commission March 18, 1966 8:00 P.M. Meeting with Sanitary Dist~icz March 22, 1966 8:00 P.M. (Elk Ridge Villa residents ~o be notified) Public Health and Safety Committee March 2~, 1966 8:00 P.M. Board of Appeals March 25, 1966 8:00 P.M. Building Committee March 28, 1986 8:00 P.M. ADJOURNMENT Trustee Colfer~ seconded by Trustee Bergen, moved the meeting adjourned. Unanimous. Time: 10:45 P.M. March 15, 1966