HomeMy WebLinkAbout07/05/1961 VB minutes REGULAR MEETING OF BOARD OF TRUSTEES
JULY 5, 1961
President Schlaver called the meeting to order at 8:17 P.M. roll call
with the following trustees present: Bickley, Bruhl, Casterline,
Ekren, Gaw and Phillips.
Trustee Casterline, seconded by Trustee Bruhl, moved that minutes
the minutes of the previous meeting of June 20th be approved as sub-
mitted. The President put the question, the Clerk called the roll,
with the following response: Ayes, Trustees Bickley, Bruhl, Casterline,
Ekren, Gaw and Phillips. Nays, none. Whereupon the President declared
the motion carried.
Trustee Bruhl, seconded by Trustee Ekren, moved for payment
of the following bills:
General $15,447.19 bills
Garbage 5,908.~6
Parking System Revenue 1,131.15
Library 568.95
Motor Fuel Tax 21.60
Water operations 5,551.25
$28,628.90
The President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren
Gaw and Phillips.
Request was received in writing from C. Stamis & Company,
General Contractors, asking for building permit for erection of Building
residence at 711 Wa Pella; plans have been approved by Architectural permit to
Committee, but this house is to be built on street that has not yet C. Stamis & (
been paved. Engineering plans are prepared and will be submitted at
this meeting. Trustee Bickley, seconded by Trustee Bruhl, moved that
temporary building permit be issued in order to facilitate construction
of a house at ?11 Wa Pella~ The President put the question, the Clerk
called the roll, with the following response: Ayes, Trustees Bickley,
Bruhl, Casterline, Ekren, Gaw and Phillips. Nays, none. Whereupon the
President declared the motion carried.
Village Manager Appleby read the following letter from
C. Stamis & Company, Inc.:
C. Stamis & Co.
July 5, 1981 Installation of
street improve-
Village Board of T~mstees ments- Prospect
Mount Prospect, Illinois Park Subdivision
Gentlemen:
We request permission to install pavement, curb and gutter,
drainage structures and sidewalks to serve Lots 13 through 15, Block 2?,
and Lets ? through 9, Block 28, in Prospect Park Country Club Subdivision,
Sec. 11-41-11, as shown on the plans and specifications prepared by
Murry and Moody identified as 61-83 as revised June 20, 1961, and approved
by Consoer, Townsend & Associates, Village Engineers, June 21, 1981, at
our own e~pense and at no expense to the Village of Mount Prospect. When
these structures are completed and are accepted by the Village, they are
to beemme the property of the village at no expense to the Village.
Upon your approval of this request and before construction is
started, we will deposit in escrow with the Village Treasurer the sum
of $11,361.95 to cover the cost of the proposed improvement as determined
from a Copy of a contract for the work, which copy will be filed with
the~ Village. We understand that this work will be under the engineering
supervision and inspection of Consoer, Townsend &Asseciates, Village
Engineers. An additional amount of $159.13 for review of the plans, and
$450.00 for the costof the supervision and inspection will be placed in
the escrow deposit to cover these services, as per letters received from
Censoer and Townsend. We will provide the bond and insurance coverages
July 5, 1961
C. Stamis required by the Village ordinances.
Street
Improvements It is understood that a portion of the cost of said
(cont'd) improvement is to be paid by the Mount Prospect Park District as
per agreement of May 16, 1961, between C. Stamis and the Park
District Board as beneficiaries of said improvement.
Very truly yours,
s/ C. Stamis, President.
Trustee Gaw, seconded by Trustee Bruhl, moved that the request of
C. Stamis & Company, Inc. dated July 5, 1961 for permission to install
certain pavements, curb and gutter, drainage structures and sidewalks
be granted upon their compliance with all Village ordinances. The
President put th~ question, the Clerk called theroll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
Gaw and Phillips. Whereupon the President declared the motion carried.
Bldg. Committee Trustee Casterline, seconded by Trustee Bickley, moved that
Permit for building permit be granted for construction of a prefabricated fire-
prefab fire- place and chimney at 515 Hi Lusi subject to adherence to the plans
place submitted which were approved by the Architectural Committee and
regular inspection by the Building Department. The President put the
question, the Clerk called the roll, with the following response:
Ayes, Trustees Bickley, Bruhl, Casterline, Ekren, Gaw and Phillips.
Nays, none. Whereupon the Presidentdeclared the motion carried.
American Discussion was held as to the advisability of joining the
Security American Security Council, an organization dedicated to protection of
Council our country and free enterprise system from Communism, extending
freedom wherever it can. Trustee Bickley stated that he had been in
contact with the organization in his work and recommended membership.
Trustee Casterline, seconded by Trustee Phillips, moved that the
Village Clerk be authorized and directed to apply for membership in
the American Security Council and submit with the application form
the required membership fee.
The President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
Oaw and Phillips. Nays, none. Whereupon the President declared the
motion carried.
Trustee Ekren read letter from Rolland Franzen, attorney for
Chester Busse, asking to withdraw petition for rezoning in Case 61-10,
Zoning Case 61~10 to allow erection of car wash at lib East Prospect. Chester
Chester Busse Busse explained that he was withdrawing his petition in order to file
Car wash suit of mandamus against the Village. He then stated that he Belt such
a suit would not accomplish anything and asked that the Board vote
immediately on the question of whether or not to allow this variation.
Attorney Hofert pointed out that the Board could not vote as lone as
the petition had been withdrawn. Mr. Busse thereupon took backhis
letter of withdrawal, stating he would prefer to have the matter
settled i~mediately.
Trustee Ekren read report from the Board of Appeals as follows:
REPORT
April 25, 1961
Re:Zoning Case 61-10
Chester Busse
This was request for a variation in the present I-1 zoning to allow
the erection of a building for a car wash or car laundry, also the
necessary land improvements and outside equipment to operate such a
business, at llB EastProspect Avenue.
The petitioner failed to demonstrate a hardship, which is legally
required for the grantimg of a variation, and therefore the Board of
Appeals voted 5-0 to de~y the requested variation.
s/ E. F. Martin, Chairman
H. H. Ross, Acting Sec'y
July 5, 1§61
Trustee Ekren also read Memorandum~fremthe Board of Appeals as fellows:
M E M 0 R A N D'U M (Cont'd)
Chester Buss
April 25, 1961 car wash
To:Board cf Trustees
Re: Zoning Case 61-10 - Chester Busse
Heard April 21, 1961
This was a request for a variation in the present zoning of I-I to
? permit the erection of a building for an auto laundry or car wash and
also the necessary land improvement and outside equipment to operate
such a business at lib E. Prospect.
This appeal was denied by a vote of 6-0 because the petitioner failed
to demonstrate a hardship~ which is the legal requirement for the
granting of such a variation. The other improvements include the re-
location of the existing gas pumps and underground storage tanks
slightly to the east of their present site, and the installation of
two new gasoline pump islands to the rear of Let #1, the subject property,
in the line of traffic flow from the Prospect Avenue entry on the east
side of petitioner's property around the south end of Lot #1 and
through the proposed auto laundry building, to exit again on Prospect
Avenue.
This case is similar to the recent Coletti case (61-1) which was also
denied for a similar reason.
There were several near-by and adjacent property owners present. They
did not object to the car wash as such, but raised serious doubts
about several pertinent factors which are li~ted below:
1. The use of large amounts of water for a car wash operation.
Petitioner estimated 30-35 gallons of water per car, with a peak
capacity of 500-800 cars per day, or a maximum use cf 21,000 gallons
of water per day. Their concern was about the water shortage problems
that already exist during the summer months and the effect of this
operation upon this acute water shortage.
2. The inadequacy of existing sewers in this area to take
the run-off of the car-wash water; some residents in the area presently
have water back-up problems during periods of only small amounts of
rainfall. In the absence of expert opinion on the matter, we question
the ability of these sewers to accommodate this increased run-off.
B. The possible increase in traffic tie-ups on Prospect Avenue
and Maple Street if and when Maple Street is extended through to Prospect
Avenue and the resulting increased hazard to pedestrain and child traffic
in this area and normal business traffic on Prospect Avenue.
s/ E. F. Martin, Chairman
Harold H. Ross, Acting Sec'y
Trustee Ekren stated that the transcript of the Appeals hearing had
been read by every member of the Committee; the Committee had determined
that the Village's water supply was sufficient for this put, pose; that
it would be necessary for Chester Busse to agree te hook his drainage
along Maple Street to a B6" interceptor on Lincoln Avenue te prevent
possible back-up. Chief Whittenberg was asked his opinion of the traffic
situation and he replied that he thought Prospect Avenue could take
care of it.
Mr. Jeh~ Pope, 400 So. Maple, arose as an objector, speaking also for
Mrs. Mensching of 225 S. Emerson and Leonard Izzo, 217 S. Emerson, that
property values would be depreciated as a result of allowin~ a car wash
at this property. Mr. Buss~ stated that h~ proposed te erect a fence
next to Mr. Izzo's property, and would agree te hook his drainage
wherever Consoer, Townsend & Associates, Engineers, recommend.
President Schlaver advised the Board that their decision on this
matter should be entirely on the basis of what is legal and what the
Village can defend if the matter came tc court.
July 5, 1961
. Busse Trustee Phillips gave opinion that both sides have merit, but
Case 61-10 could see no clear reason whey Mr. Busse should be turned down.
(cont' d)
Trustee Ekren, seconded by Trustee Gaw, moved that the
Board of Trustees concur with the Board of Appeals in denying the
requested variation in Case 61-10. The President put the question,
the Clerk called the roll, with the following response: Ayes,
Trustees Bickley, Bruhl, Casterline, Ekren and GaWo Nay, Trustee
Phillips. Whereupon the President declared that the motion was
carried and that Chester Busse's appeal for variation for car wash
be denied.
Trustee Ekren read the following report from the Zoning
Board of Appeals:
Zoning Case
61-14 R E P 0 R T
R-4 Classi-
fication & July B, 1961
density controls
To: Board of Trustees
From: Zoning Board of Appeals
Re:CASE 61-14 - Comprehensive amendment to residential zoning
portion of zoning code, including density controls.
Petitioner: Village of Mount Prospect
Representative: Trustee Parker Ekren
As this amendment was one which the Board of Appeals also
felt was necessary for the orderly development of the Village, and as
there were no objectors, the Zoning Board of Appeals voted 5-0 in
favor of granting the petition.
N. L. Gorny, Acting Sec'y
E. F. Martin, Chairman
Trustee Ekren, seconded by Trustee Phillips, moved that the Village
Board concur with the Board of Appeals in Case 61-14 and direct the
Village Attorney to prepare the necessary ordinance. The President
put the question, the Clerk called the roll, with the following
response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren, Gaw
and Philli~ Nays, none. Whereupon the President declared the
motion carried.
Trustee Ekren read the following report from the Zoning
Board of Appeals:
Zoning Case 61-15 R E P 0 R T
R-1 to B-2
July 3, 1961
To: Board of Trustees
From: Zoning Board of' Appeals
Re: CASE 61-15
Petitioner: Village of Mount Prospect
Representative: Trustee William L. Phillips
This was a request for rezoning from present R-1 to B-2
of property along West Northwest Highway.
After carefully considering the petition, the Zoning
Board of Appeals voted to deny the petition.
The vote: NO - 3
YES - 1 Abstain - 1
N. L. Gorny, Acting Sec'y
E. F. Martin, Chairman
July 5, 1961
279
Trustee Ekren also read the accompanying memorandum:
Zoning Case
MEMORANDUM 61-15
July B, 1961
CASE 61-1§:
In considering the present petition for rezoning this area Along West
Northwest Highway, the Board felt that it does not lend itself for anything
other than one cf the residential classifications. Certainly not B-2,
ncr, for that matter, any B classification.
To rezone this area to B-2 would, in our opinion, be a very clear case of
spot zoning. With this ~n mind, we felt that such rezoning could possibly
open the gates for additional petitions for rezoning to other classifi-
cations.
In our opinion, the highest possible use of this property would be of
a residential classification.
N. L. Gorny, Acting Sec'y
E. F. Martin, Chairman
Trustee Ekren, seconded by Trustee Phillips, moved that the Board of
Trustees instruct the Village Attorney to prepare the necessary ordinance,
rezo~.ing the property in question from R-1 to B°~2..The President put the
question, the Clerkcalled the roll, with the followIng response: Ayes,
Trmstees Bickley, Bruhl, Casterline, Ekren, Gaw and Phillips. Nays, none.
Whereupon the President declared the motion carried.
Trustee Ekren read the following report from the Zoning Board of
Appeals:
Zoning Case
R E P 0 R T 61-16
Professional
July B, 1~1 Bldg.
To: Board of Trustees
From: Zoning Board of Appeals
Re: CASE 61-16
Petitioners: Drs. Sorensen, Giannini and Sachs
Representatives: Drs. Giannini and Sorensen
This was a request for variation of present R-1 to allow erection
of a professional building at the corner of Walnut and Ridge.
The Zoning Board voted to deny the petition rgquesting the
variation by a vote of 5-0.
However, in view of the character of the property, the Zoning
Board voted by a vote of 5-0 to rezone the area to the classification
of B-2 so as to permit the erection of said building.
s/N. L. Gorny, Acting Sec'y
E. F. Martin, Chairman
President $chlaver referred Zoning Case 61-16 to the Judiciary Committee
£or study and recommendation.
Trustee Ekren read the following report from the Board of Appeals:
R E P 0 R T Zoning Case
July B, 1961 61-1Y
To: Board of Trustees Post Office
From: Zoning Board of Appeals
Re: CASE 61-1Y,
Petitioner, United State Post Office
Representative: James R. Getz
850 Riverwood Rd.
Lake Forest, Ill.
This is a request for rezoning of present R-1 to B-3 %o erect an addition
to the present post office buildin~ on lots now occupied at 204 Evergreen
July 5, 1961
(Cont'd) and 117 South Maple. The rezoning also calls for rezoning some of
Zoning the property to P-1.
Case §1-17
The U.S. Post Office authorities desire to provide adequate mmiling
facilities for the growing community. This request is in line of
progress, and no objectors were present.
Vote in favor of rezoning to B-B and P-l: 5-0.
N. L. Gorny, Acting Sec'y
E. F. Martin, Chairman
Trustee Ekren, seconded by Trustee Bickley, moved that the Board of
Trustees concur in the findings of the Board of Appeals and that the
Village Attorney be autherized to prepare the necessary ordinance.
The President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
Gaw and Phillips. Whereupon the President declared the motion carried.
Youth Comm. Trustee Phillips stated that he had met with the now Chairman
of the Youth Commission, Mr. Meersman, and that plans were still in
the early stage.
Well #6 Mr. Don Willis was asked if he ca,ed to give a summary of his
report regarding the technical aspects Of Well #6, and he declined at
this time, stating that he felt the subject was too involved and technical
to discuss at this time and place. Mr. Art Lewis stated that he was
present to answer any questions in regard to Well #6.
Water Dept. Mr. Appleby spoke of the previous extremely dry and hot
weather, complimenting the personnel of the Water Department for their
hard work, and giving a "Thank You" to Dave Creamer, Superintendent.
Police Dept. Trustee Bickley of the Police Committee reported that request
of High School District #214 for patrol inside the building was turned
down because of lack of manpower, but;the Police Department was willing
to co-operate in any other way possible.
Vacant lot Mr. Ray Barrish wrote letter stating that he was gratified
the dumping problem on vacant lot near 4im had been taken care of
promptly.
Prosecuting Trustee Bickley reported that the case of the Village vs
Attorney Ratkay was heard the same afternoon, July 5, before Judge Georgen,
with newly-appointed Prosecuting Attorney Cruooks representing the
Village, and that the jury found in favor of the Village.
Trustee Bickley read the following memorandum:
Public Safety
Program SAFETY PROGRAM COMMITTEE
As is well known to the Board, part of the duties of the Police Committee
entail in addition to traffic and the Police Department, the execution
of proper safety measures for the well being of the residents of Mount
Prospect. These safetyme~sures include proper street lighting, control
and licensing ef animals, public education in safety measures, a safety
program for the Village and numerous other items, all of which should
properly guarantee to the residents of the .Village maximum protection
to their persons and property.
Where the safety and well being of residents and their property are
concerned, it is important that everything possible should be done to
implement a comprehensive safety program in the Village, which guarantees
to the residents the protection which they expect from the government
and their support which their government expects from them. A safety
program can be set up by the Village government, but without the support
of its residents and their active co-operation, it will be meaningless.
It is impossible for the Police Committee or the Trustees to investigate
and determine proper measures to be taken with regard to the aforesaid
items. Half measures should not and will not be indulged in by this
Committee.. Law enforcement will be fairly and impartially administered,
the responsibility of which will fall directly on the Chief of Police
and his competent department. The Chief and his department will receive
I am sure, the wholehearted support of the Police Committee, the entire
Board and the Village Manager.
July 5, 1981
t is deemed necessary at this time to ask the Village President to Public
appoint a com~aittee of 6 to serve as an advisory committee, the sole Safety
purpose and function cf which will be to formulate a plan and a recom- Program
mendation to the Police Committee for a public safety program for the (cont' d)
Village of Mount Prospect, which will encompass the following items:
1. Adequate street lighting, both as to hype and location.
2. Control of animals and the proper licensing of same.
B.A public education program dealing with both vehic~
and bicycle traffic.
4. Recommendations for erection of publicity to execute the
Committee's recommendations to the Village Board.
5. Investigation, determination and recommendation as to
feasibility of the addition and use of right and left
turn traffic arrows at heavily traveled intersections
in the Village.
6. Investigation as to what assistance, if any, the
Village may lend to the use of crossing guards for
school children and Other safety measures dealing
directly thereto.
7. Any other measures dealing with the safety of residents,
persons and property exclusive of traffic measures
which might come to the attention of this committee.
It is suggested that Safety Program Committee report back to this
Board not later than 90 days from date hereof and we wish to express
our appreciation in advance for' their time and co-operation in this
matter.
Respectfully submitted,
John Ho Bickley, Jr°, Chairman
Police Committee
Trustee Bickley, seconded by Trustee Casterline, moved that the Board
authorize the establishment of Safety Program Advisory Committee. The
President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
Gaw and Phillips. Whereupon the President declared the motion~carried.
President Schlaver thereupon appointed the following members
of said Committee:
Committee -
Mrs. Joseph (Mary) Vavra - Chairman Public Safety
Mr. Raymond Barrish Program
Mr. Raymond Stevensen
Mr. Thomas Lynam
Mr. John Pope
Chief George Whittenberg (Advisory Member)
Trustee Ekren, seconded by Trustee Bickley, moved to concur in the
appointment of said members of the Safety Program Committee. The President
put the question, the Clerk called the roll, with the following response:
Ayes, Trustees Bickley, Bruhl, Casterline, Ekren, Gaw and Phillips.
Whereupon the President declared the motion carried.
Manager Appleby reported that work is continuring on the park
area in We Go Park, that the sewer is in, black dirt will be hauled
in when the area is dry enough after the recent heavy rains and bids
are being secured for seeding.
Trustee Gaw, seconded by Trustee Casterline, moved for the
adop%ion of Res. 19-61:
Res. 19-81
ADDING PAVING OF EAST HIGHLAND AVENUE E. Highland Ay
TO MFT 16CS paving added t
MFT 16CS
This adds the construction of a waterbeund macamdam base and a
bituminous surface with Type I curb and gutter and sidewalk in the
North half of the right of way, together with resui~facing existin~
bituminous pavement in the south half of right of way of Highland Avenue
from Main Street to about l?O feet east of Emerson Street, to MFT 16 CS.
The President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
July 5, 1961
Gaw and Phillips. Whereupon the President declared the motion
carried.
Village Manager Appleby reported receipt of letter
Court from Attorney Downing notifying the Board that Cosmopolitan
cases National Bank (Kushner Case) (60-S-B6195) has been granted perm-
ission to file petition for re-hearing as cf July 16th and also
that Pioneer Trust (Delgado case) (60-S-17340) has been post-
poned until August loth.
Mr. Appleby read the following letter:
Fence 810 Dresser Drive
Thomas Mount Prospect, Ill.
July 5, 1981
Mr. Harold Appleby, Village Manager
Village Rall, Meuut Prospect, Ill.
Dear Mr. Appleby:
I understand that on the week of June 19th Mrs. S. Thomas
appeared before the Board of Trustees of Mount Prospect to request a
modification of the existing fence ordinance to permit the construction
of a Y-ft.-high fence between her property at 808 Dresser Drive and
my property at 810 Dresser Drive. Permission to build such fence
was granted subject to my approval.
I wish to go on re~ord as being opposed to this planned
construction and to any modification of the fence ordinance that
would in any way effect fence construction on the boundaries of
my property at 810 Dresser Drive.
I feel that the construction of such a fence would
seriously depreciate the value of both my property and that of my
neighbors.
Yours truly,
s/ Glenn Dailey
Court Case Trustee Ekren, seconded by Trustee Bickley, moved that the Village
81-S-12201 Attorney be directed to defend the interests of the Village with
respect to declaratory judgment sought by A. T. McIntosh & Associates
et al, regarding zoning of properties' in Northwest Heights Subdivision
(Case 61-S-12201). The President put the queSt&on, the Clerk called
the ~roll, with the following response:~ Ayes, Trustees Bickley, Bruhl,
Casterline, Ekren, Gaw and Phillips. Whereupon the President declared
the motion carried.
Health President Schlaver commended the newly-formed Health
Committee Committee on the good Job they have been doing.
House Bill Attorney Hofert reported that House Bill 1571, improve-
1871 - ment of Weller Creek, is now on its way to the governor's desk for
Weller Creek signature. Trustee Bruhl, seconded by Trustee Phillips, moved that
the Village President send a telegram or letter to Governor Kerner
asking that he sign this bill.. This motion carried by acclamation.
Trustee Bickley spoke for the Board, giving Attorney Hofert a
"Well Done" and "Thank You" to the Representatives, Messrs. Carroll
and Peskin. Mr. John Pope arose and~ gave thanks to Trustee Bruhl
for his efforts in this regard also.
Attorney Hofert reported re suit of maudamus from the
M.P. cOUntry M.P. Country Club, stating that he had filed motion to strike the
Club - Mandamus suit petition last Friday; this is to be set before Juc~ge Daugherty
61-S-69B4 en Wednesday and he believed the judge will then set a time for a
hearing.
Water Tower Trustee Bickley, seconded by Trustee Phillips, moved to
painting and return the two bid checks deposited for painting and cleaning of
cleaning water tower and tank by W-R Simmer Co. and the K. Kessler Co. This
motion carried by acclamation.
July 5, 1961
rustee Bickley, seconded by Trustee EEren, moved that the Water tower
minutes include the following remarks: cleaning and
painting ( cont.
On November 15, 1960, the Village Board adopted Res. 2S-60 in
regard to bids received for the painting of the elevated water storage
tank in Mount Prospect. This resolution:
1. Declared Craftsmen Painting & Tank Service in default
of their proposal.
2. Rejected all other bids, authorized re-advertising of
the job, and stated, "if the lowest responsible bid
thereupon received and accepted is in excess cf the
amount bid by Craftsmen as aforesaid, then Craftsmen
should be held liable for said difference, which amount
the Village of Mount Prospect is damaged hereby as a
result of said increased cost."
B. Forfeited the $125 bid check of Craftsmen to the Village.
The job was re-advertised, and the bid of W-R Simmer Co., Inc. submitted
May 15, 1961 and accepted by the Board was less than the bid of Craftsmen.
Simmer has signed a contract for the work, so at this time there appears
to be no need for legal action against Craftsmen.
This motion carried byacclamation.
Trustee Gaw, seconded by Trustee Casterline, moved that the Alley paving
Village President and Clerk be authorized to sign contract and escrow
for the Village's share of alley paving south of Prospect Avenue at Pine.
The President put the question, the Clerk called the roll, with the
following response: Ayes, Trustees Bickley, Bruhl, Casterline, Ekren,
Gaw and Phillips. Whereupon the President declared the motion carried.
Trustee Phillips, seconded by Trustee Bickley, moved for
adjournment, and the meeting was regularly adjourned at 10:45 P.M.
Respectfully submitted,
Ruth C. Wilson, Village Clerk
July 5, 1961