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Home My WebLink About12/17/1957 VB minutes 1/~"2t1 -"'-'''' u MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES HELD IN THE MUNICIPAL BUILDING, MT. PROSPECT, ILLINOIS ON TUESDAY, DECEMBER 17, 1957. The meeting was called to order at 8:50 P.M. by President Lams and the Clerk was then directed to call the roll. ^'~~' .~ On roll call, the .following Trustees answered "Presentn: Airey, Broad, Casterline, Norris, Schlaver and Willer. Absent: None. All Trustees having previously received copies o.f the minutes o.f a roaeting held,December 10, 1957, a motion was made by Trustee Broad and seconded by Trustee Norris that the minutes be approved as submitted and amended by the Village Clerk. The President put the question and the Clerk called the roll~ with the following response: Ayes: All; Nays: None; whereupon the President declared the motion carried. .i"v-;'" .:o:."""{" -~ Trustee Willer read the .following letter: December 13, 1957 Village of Mt. Prospect 112 East Northwest Highway Mt. Prospect, IllinoLs ATTENTION: R.- Willer. RE: CASE 57-15 REZONING OF 18.8 ACRES NORTH OF FOUNDRY ROAD AND SOUTH OF RAND ROAD FROM FARMING TO B-1 Gentlemen: I represent the Exchange National Bank o.f Chicago, as Trustee under Trust No. 6930 which .filed the petition to zone above re.ferred to. Since my client has revised his plans concerning this property, I wish to withdraw the above Petition from consideration by the Village. Thank you for your attention to thi s matter, I am Very truly yours, AUIJH sl -At:d::r R. BLOCH At the suggestion o.f Trustee Willer, President Lams declared Case 57-15 closed. Trustee Willer read proposed Ordinance No. 588 AN ORDINANCE SPECIFYING 300 FT. AS THE MINIMUM DISTANCE BETWEEN SERVICE STATIONS. It was moved by Trustee Willer and seconded by Trustee Norris that Ordinance No. 588 be passed. The President put the question and the Clerk calle the roll, with the following response: Ayes: Trustee Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays: None whereupon the President declared the motion carried and Ordinance No. 588 passed and approved. Trustee Willer then read the following co~cation: December 17, 1957 426/ December 9, 1957 Board of Trustees Village of Mount Prospect Mount Prospect, Illinois Re:~ Case No. 57-21 Gentlemen: Case 57-21 is a request for a variation from 'the Zoning Ordinance to permit the operation or a play school at 300 N. Maple Street. The petitioner was Mrs. Ella R. Cropper. She stated that she had been operating the school ror about 2 years; that she had acquired the school rrom another lady who had been operating it for 5 years; that she was recently informed that she was in violation or the ordinance and must request a variation. After due consideration, the Board of Appeals voted 7 to 0 to recommend to the Village Council that this variation applied for, be adopted on the basis that the operation of a play school in this area seems to provide a good public service and seems to have been performed in the past without any objection from nearby residents; and that to deprive her of the variation would work a hardship on her and deprive her of her source of income, without justifiable cause. Sincerely yours, 81 E. F. Martin, Chairman sl Edward C. Hofert, Secretary It was moved by Trustee Willer and seconded by Trustee Broad that the Board concur with the recommendation of the Board 0.1' Appeals, with respect to Case 57-21 as out- lined in the above letter. The President put the que stion and the Clerk called the roll, wi th the following response: Ayes: All; Nays: None; whereupon the President declared the motion carried. It was moved by Trustee Willer and seconded by Trustee Broad that the Village Attorney be authorized and directed to prepare the necessary ordinance to bring about the zoning variation with respect to Case 57-21, The President put the question and the Clerk called the roll, with the following response: Ayes: All; Nays: None; whereupon the President declared the motion carried. Trustee Willer read a portion of a letter from the Board or Appeals pertaining to Case 57-20 as follows: December 16, 1957 President and Board of Trustees Village or Mount Prospect Motmt Prospect, Illinois In re: Case 57-20 Gentlemen: - In Case No. 57-20 petitioner requests a variation from the zoning ordinance so as to permit him to construct a building covering the easterly 10 ft. of Lot 8, Lot 9 and Lot 10 in Prospect Manor Subdivision in their entirety. Petitioner also owns Lot 5, Lot 6, Lot 7 and the westerly 15 ft. of Lot 8 in said subdivision" which lots abut the aforementioned lot. December 17, 1957 .r 40Pj ,. 4J fJ The present ordinance prevents the building of a structure such as the petitioner desires in that such building laid out by the petitioner, would not observe the 20 ft. rear yard requirement, nor would it observe the requirement that 25% of the lot be le.1't vacant and reserved for parking. .-N"<f ....-l- The Board of Appeals by a vote of 7 .to 0 recommends that the variation requested be granted. However, the Board of Appeals further recommends to the Village Board that said variation be conditioned on the petitioner's giving gua~antees to the Village as to parking on Lots 5, 6 and 7 and the westerly 15 rt. of Lot 8. It suggests that the Board of Trustees refer this matter to its Judiciary Commi ttee ror the purpose or studying a method for the restriction or the use of the front portion or Lots 5, 6, 7, and the westerly 15 ft. of Lot 8 for a depth of 45 ft. to parking - P-l. The petitioner, through his authorized representative, indicated that such a restriction on the balance of the lots not built upon would be agreeable to him. It should be noted that the granting of said variation, without restriction on the easterly 10 ft. of Lot 8, Lot 9 and Lot 10, could deprive the Village of 1500 sq. rt. or parking area which it sorely needs. Aside from the parking question, the Board of Appeals rel t that sAid variation should be granted, since the needs of the petitioner could only be served by placing the building in the location he had selected. For to do otherwise, .would be to prevent him rrom making use or the maximum efriciency of the building, without good and substantial benerit to the Village. ~:q A.;~ ~l ",,' Trustee Willer then read the following communication: December 12, 1957 Mr. R. L. Willer 323 York Street Elmhurst, Illinois Re: Article XII-Service Stations - Village or Mount Prospect Municipal Code Dear Ray: Reference is made to your inquiry concerning the interpretation of Article XII, Service Stations, Chapter 14 of the ,Municipal Code. You have inquired as to whether an .automobile agency should be considered under this section. It is my understanding that this request is based upon an application for variation before the.Zoning Board of Appeals. Based upon my knowledge of the situation, it appears that the problem is basically one for the Superintendent of Building to interpret at the time a request is presented to him to issue a permi t. However, in order to comply with your request I have reviewed Article XII of Chapter 14 and in my opinion it is intended to cover only the actual commonly known gasoline station. It is recognized that if an automobile agency primarily engaged in the selling or new and used cars or the servicing of new and used cars also has outside of its enclosed premises gasoline pumps for open sale to the pUblic, then or course it would fall within the definition of a service station. On the assumption of the illustration cited that there will .be no gasoline pumps outside the enclosed premises wherein the general public may avail themselves of the possibility of purchasing gasoline, oil, etc., then in my opinion the business is primarily that or an auto- mobile agency and not a service station. December 17, 1957 <l28 ~/ I am sure it is common knowledge there are many businesses, etc. that have gasoline pumps wi thin their premises for local use, but under no stretch of the imagination could they be considered as service .stations. If the latter is the intent of that p~ovision of the Code, then in my opinion there may be some question with respect to the legality of the same in view o~ the unreasonableness of the statute. Sincerely, 81 Robert J. Downing President Lams referred the matter known as Case 57-20 to the Judiciary Committee. Trustee Willer again referred to the letter from the Board or Appeals an.d read the final p.ortion pertaining to Case 57-22 as follows: In re: Case 57-22 In said case there was a request ror a variation from the zoning ordinance to permit the erection of an o.1'fice addition on the easterly portion of property located on the southwest corner of Central Road and Wille Street closer to the rear lot line than is permitted by . the ordinance. The petitioner was the Culligan So.1't Water Service, Incorporated. The Board by a vote of 7 to 0 recommends that the petition for variation be granted. Very truly yours, sl Eugene Martin, Chairman sl Edward C. Hofer.t,Secretary It was moved by Trustee Willer and seconded by Trustee Casterline that the Village Attorney be authorized and directed to prepare the necessary ordinance to bring about concurrence with the recommendation of the Board of Appeals for the requested zoning variation referred to as Case 57-22. The President put the question and the Clerk called the roll, with the following response: Ayes: All; Nays: None; whereupon the President declared the motion carried. Trustee Willer read proposed Ordinance No. 589 AN ORDINANCE ANNEXING PROPERTY TO BE KNOWN AS FRANK SERAFINE'S THIRD ADDITION TO THE VILLAGE OF MOUNT PROSPECT. It was moved by Trustee Willer and seconded by Trustee Norris that Ordinance No. 589 be passed. The President put the que stion and the Clerk called the roll, with the f.ollowing response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays: None; whereupon the President declared the motion carried and Ordinance No. 589 passed and approved. It was moved by Trustee Willer and seconded by Trustee Norris that the Village President and the Village Clerk be authorized to sign the plat of Frank Serafine's Third Addition on behalf of the Village of Mount Prospect, and by that act the Village Board of the Village of Mount Prospect does hereby approve and accept said plat of sub- division. The President put the question and the Clerk called the roll, with the following response: Ayes: All; Nays: None; whereupon the Pre~ent declared the motion carried. Trustee Willer read proposed Ordinance No. 590, AN ORDINANCE CLASSIFYING FRANK SERAFINE'S THIRD ADDITION INTO R-J, R-l, B-3, and P-3 Districts. It was moved by Trustee Willer and seconded by Trustee Norris that Ordinance No. 590. be passed. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Nortis, Schlaver and Willer. December 17~ 1957 /" :;. VJ!C C~ )J Nays: None; whereupon the President declared the ~~ motion carried and Ordinance No. 590 passed and approved. Trustee Willer then read the rollowing communication December 17# 1957 Mr. Ray Willer . c/o Village of Mt. Prospect Mt.Prospect, Ill. Dear Ray Northwest Meadows Assn. Policy OLT-339239 and Bond #787569 In November 1956 at the request of the Mt. Prospect Village Board, we wrote the above policy and bond to cover the sign at the northwest corner of Northwest Highway and Forest Avenue, Mt. Prospect, Ill. . ~:,:r We are please to inform you that Comprehensive General Liability Policy A-388365 provides for complete protection against any liability that may be imposed on the Village of Mt. Prospect because of the existence or this sign. Therefore, insofar as the Village interest is concerned, there is no need ror this OLT policy, nor ror the bond. Very truly yours, S/ Walter Kirchhoff ~~..,j ,""'v...... ... ~' ~,~!~ It was moved by Trustee Willer and seconded by Trustee Schlaver that the Northwest Meadows Association be inrormed that it is no longer necessary to continue in rorce Policy OLT-339239 and Bond #787569. The Pres- ident put the question and-the vote was taken by acclamation, whereupon the President declared the motion carried. Trustee Willer read proposed resolution No. 25-57 A RESOLUTION TO FURNISH VILLAGE EMPLOYEES WITH CITY MOTOR VEHICLE STICKERS WITHOUT COST. It was moved by Trustee Willer and seconded by Trustee Airey that Resolution No. 25-5fl be adopted. The Presiden t put the question and the Clerk called the roll, with the following response: Ayes: TrusteeAirey, Casterline, Norris, Schlaver and Willer. Nays: None. Trustee Broad abstained from voting; where- upon the President declared the motion carried and Resol- ution 25-57 adopted. Trustee Willer referred to Case No. 57-B-5847 with respect to the petition ror bankruptcy riled by the Hatlen Construction Company, Inc. Trustee Willer read a proposed resolution submitted by the Board of Education, School District No.57 and requesting and recommending the annexation or certain mnincorporated territory to the Village of Mount Prospect. This unincorporated territory consists of certain property bounded on the east by Weller Creek and on the north by Cen tral Road; and portions of' which extend to Busse Road on the West. It was moved by Trustee Willer and seconded by Trustee Broad that the Village Clerk be. directed to inf'orm representatives or School District No. 57 of the willingness of the Village orficials to annex the territory covered in the above resolution and advising that a petition ror annexation be submitted by the Elk Grove Township School Trustees. The Presiden t put the question and the vote was taken by acclamation, whereupon the President declared the motion carried. President Lams read the following letter: December 17, 1957 ~i30 / December 17, 1957 The Honorable Theodore Lams President Mount Prospect Village Board Mount Prospect, Illinois Dear Mr. Lams: At the last meetipg of the Mt. Prospect Chamber 0.1' Commerce, the enclosed resolution was passed. It is respectfully requested that the Mt. Prospect Village Board forward a letter similar to the one enclosed petitioning Mr. Ryan and the Board of County Commissioners to give serious consideration to the complete 4-lane widening of Cent~al Road including curb and gutter and a complete drainage system between Northwest Highway and Arlington Heights Road for reasons outlined in the enclosed resolution. Sincerely, MT. PROSPECT CHAMmR OF COMMERCE sf Thomas R. Ackerman Secretary. President Lams read proposed Resolution 26-57. A RESOLUTION REQUESTING THE COOK COUNTY HIGHWAY DEPARTVlENT TO MAKE CENTRAL ROAD A 4 LANE THOROUGHFARE. Truste~ Willer suggested that the boundaries as stated in Resol- ution 26-57 be corrected to read "Arthur Avenue on the West and Rand Road on the East". It was moved by Trustee Willer and seconded by Trustee Norris that the revised version or Resolution 26-.57 be adopted. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays: None; whereupon the President declared the motion carried and Resolution 26-57 adopted. A motion was made by Trustee Airey and seconded by Trustee Casterline that a temporary advance in the amount of $15,OOO.00 from the Water Fund to the General Corporate Fund be made, based on the Treasurer's computations. The President put the question and the Clerk called the roll, with the following response: Ayes: All; Nays: None, where- upon the President declared the motion carried. It was moved by Trustee Airey and seconded by Trustee Broad that the List of Bills incurred during the month of November, 1957 as contained in the Treasurer's Report be approved for payment. The President put the question and the Clerk called the roll, with the following response: Ayes: All; Nays: None, whereupon the President declared the motion carried. It was moved by Trustee Airey and seconded by Trustee Norris that the Treasurer's Report for,November 30, 1957 be approved and placed on record. The Pres- ident put the,qufilstion and the Clerk calleg' the roll, with the following response: Ayes: All; Nays: None; ~bereupon the President declared the motion carried. There being no further ~usiness to come before the Board, it was moved by Trustee Schlaver and seconded by Trustee Norris that this meeting be adjo~ed; and because our regularly scheduled next meeting date raIls on December 24 (Christmas Eve) that our next meeting be held instead on Tuesday, January 7, 1958. The President put the question, and the vote was taken by acclamation, whereupon the President declared the motion carried and the meeting regularly adjourned at 10:24 P.M. December 17~ 1957 .aJ~ #~ William H. Keith, Village Clerk