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HomeMy WebLinkAbout12/03/1957 VB minutes 1:112 and the Board of Trustees, I wish to thank you for the beautiful lavender chrysanthemums and pompom mums. These magnificent flowers decorated our new Village Hall during our Dedication and Open House ceremonies and added immeasurably to the attractiveness of our new building on this important day. If any of your other trustees (I met two of them) or other Village officials wish to visit our new Village Hall and Service Building. Please stop over at your convenience. We would be happy to show you around. We appreciate your thoughtfulness. With my best wi she s, I am Sincerely, SI R. B. Morris Village Manager There neing no further business to come before the Board, a motion was made by 1'rustee Norris and seconded by Trustee Broad that the meeting be adjourned. 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 9:36 P.M. d~7/-~ William H. 1\:ei th Village lIlerk MINU1'ES OF A REGULAR !v1EE'l'ING OF THE PRESIDENT AND BOARD OF TRUST::~ES HELD IN 'I'HE MUNICIPAL BUILDING, MOUNT PROSPEC11, ILLINOIS ON TUESDAY, DEC~lBER 3, 1957 The meeting was called to order at 8:42 P.M. by President Lams and the Clerk was then directed to call the roll. On roll call, the following Trustees answered "Present": Airey, Broad, Casterline, Norris, Schlaver and Willer. Absent: None. All Trustees having previously received copies of the minutes of a meeting held November 26, 1957, a motion was made by Trustee Willer and seconded by Trustee Broad 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, 'VJhereupon the President declared the motion carried. Trustee Norris read Resolution No. 24-57, A RESOL- UTION ESTABLISHING SPECIFICATIONS FOR CONCRETE ALLEYS W~THIN THE VILLAGE OF MOUNT PROSPECT. It was moved by Trustee Norris and seconded by rrrustee Broad that Resolution No. 24-57 be adopted. A motion was made by Trustee Willer and seconded by Trustee Norris to amend Resolution 24-57 by changing the fourth word in the sub- paragraph of Section 1 from "1.vhen" to "shall be" and by changing the punctuation mark in the sub-paragraph of Section 1, between the words "concrete" and IIshall be" from a comma to a semi-colon. The President restated 'rrustee Willer's motion to amend Resoluti'n 24-57 and the Clerk called the roll, with the following response: Ayes: All; Nays: None, whereupon the President declared the motion carried. December 3~ 1957 / ~)] C""' L.~ "i :..( -,-_L <:J The President then put the question on the adoptio of Resolution 24-57 and the Clerk called the roll, with the following response: Ayes: All; Nays: None, whereupon the President declared the motion carried and Resolution 24-57 adopted. President Lams requested that Trustee Casterline's Committee investigate the advisability of installing add i tional lighting over the intersection 0 f Busse Avenue and Main Street. He stated that the existence of inadequate lighting is particularly noticeable on Friday nights and is a hazard to the police officer, directing traffic at that location. "'~,~~ Trustee Willer read Proposed Ordinance No. 585, AN ORDINANCE PROHIBITING DANCING, FLOOR SHOWS, OR ENTERTAINlIi[ENT OF ANY TYPE ON ALL PRENISES FOR WHICH A CLASS A LICENSE HAS BEEN ISSUED. A motion was made by Trustee Willer and seconded by Trustee Broad that Ordinance No. 585 be passed. 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 and Ordinance No. 585 passed and approved. """\.A\ '., "l0- r ,....~""'" '_/ -' .-..... ~ Trustee Willer requested that the Village Manager be directed to send a copy of Ordinance No. 585 to all 3 holders of Class A licenses, within the Village of Mount Prospect. 'I'rustee Willer then read the following communica ti, November 29, 1957 Village President and Board of Trustees Mount Prospect, Illinois Gentlemen: The Plan Commission has examined the plat of Anderson's Subdivision referred to it by the Village Board for study and recommendation. It is recommended that the proposed plat be approved by the Village Board subject to the receipt of a check payable to School District No. 56 in the amount of ~lOOO.OO in lieu of land dedication. This re commen da ti on i s made wi t h the und er standi ng tha t th e subdivider will place a certified check in escrow with the Village and the Village will enter into an agreement with the subdivider that the check is not to be turned over to School District No. 56 until the plat has been accepted by the County and recorded. The acceptance and recording of the plat is to be accomplished within 90 days and if not, the signed plat is to be returned to the Village and the check to the Subdivider. Respectfully submitted, S/ A. C. Dresser, Chairm~~ S/ H. G. Appleby, Secretary Trustee Willer then read the following letter: December 2, 1957 Village of Mount Prospect 112 E. Northwest Highway Nount Prospect, Illinois Attention: Mr. H. G. Appleby, Village Manager Gentlemen: \.Ale are enclosing herev.li th our certified check in the tlecemeer 3, 1957 1,\ -"1 Ii J ql i} amount of #l,OOO which is being tendered in accordance with the agreement we discussed with you today. We have referred to our Legal Department your reference to the third paragraph, and it is their feeling that the phraseology is appropriate. One of the considerations in agreeing to make payment to the School District was that the plat would be approved without delay by the Village, and we are anticipating that it will be signed and made available to us by Wednesday, the 4th. If you can accornmodate us in this respect, we would also like to pick up the oriQinal and t\.J'o signed copies of the agreement at the same time.. lrJill you also please sign the ori ginal copy of the receipt covering the check. Yours truly, THE PlmE OIL COMPA1~ SjB;. p.. Burke, Jr. Chicago Area Manager. The following agreement was then read in its entirety by Trustee Willer: A G R E E MEN T THIS AGR~EMENT, made and entered into by and between 1'he Pure Oil Company ~ hereinafter referred to a s "Pure Oil," and the Village of Mount Prospect, hereinafter referred to as the flVillage," WI TNESSETH: WHEREAS, IlPure Oil" has submi tted a subdi vj.sion pla t ti tled "Anderson I s Subdi vision" WId. ch pertains to the northeast corner of Arlington Heights and Golf Roads, Elk Grove 1'ownship, to the "Village II for appro val; and lnJHEREAS, trPure Oill! has offered to pay to the nVillage" as a condition to such approval, a cash contribution of One 'I'housand Dollars (~51,OOO.OO) for the Forest View School District No. 56, which is to be deposi ted wi th the "Village" subject to the terms set out herein; and WHEREAS, Said subdivision plat must legally be approved and accepted by the Board of Comrnissioners of the County of Cook before it becomes effective; and ~lliEREAS, If subject subdivision plat is not finally accepted by the Cook County Commissioners and duly recorded, the One Thousand Dollars (~l,OOO.OO) contribution above referred to is to be returned to "Pure Oil," NOI'IT, 'l'HEREFORE, For and in consi deration of the mutual covenants contained herein, the parties hereto 8.gree as follows: 1.. "Pure Oil" hereltJith deposits with the "Village" a certified check for One Thousand Dollars (~l,OOO.OO) payable to the above mentioned School District, said check to be held by the "Village" until the above referred to subdiyision plat has been approved and recorded by and in the County of Cook.. 2. It is further understood that this agreement shall run for a period of ninety (90) days from the date hereof, and if at the end of that time said subdivision plat has not been made of record as above described, said plat shall be returned by "Pure Oil" to the "Village" for cancellation" and said certified check returned by the "Villagel! to "Pure Oil..lI Dec. 3~ 1957 3. If, however, said subdivision plat is duly recorded and accepted by the County of Cook within said ninety (90) day period, then "Pure Oil" by means of this agreement, automatically authorizes the "Villagell to deliver and tender said check to the above mentioned Forest View School District No. 56 as a contribution to be made by "Pure Oil" to said School District. ~4' 1: 1 Trustee Willer stated that the above agreement had been revised somewhat from its original wording by Village Attorney Lowning. It was moved by Trustee Willer and seconded by Trustee Norris that the Board concur with the recommendations of the Plan Co~mission regarding Anderson1s Subdivision as stated in their letter of November 29, 1957. 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. e::r It was moved by rl'rustee Will er and seconded by Trustee Schlaver that the Village President and Village Clerk be authorized to sign the above agreement on behalf of the Village of Mount Prospect. 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. ':-'''j (:: 1"'~ -.""- f:~ Trustee Willer read proposed Ordinance No. 586, AN ORDINANCE SE1'TING FOR~j{ COLLECfnON CHARGES AN:G PENALTIES PERTAINING 1D GARBAGE BILLS. It was moved by Trustee, Willer and seconded by Trustee Schlaver that Ordinance No. 586 be passed. 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 and Ordinance No. 586 passed and approved. Trustee Willer then read the following communicatic November 29, 1957 Mr. Eugene Baughman Evert Kincaid & Associates 22 W. Madison St. Chicago, Illinois Dear Mr. Baughman: Confirming our telephone conversation of a few days ago, the Village would like you to study the proposal of annexing 18 1/2 acres between Foundry Road and Rand Road between the filling station etc. known as El Rando at the corner of Rand and Foundry and Prospect Meadows. The petitioner has requested that this area be zoned for business. This attorney has, subsequent to the petition and hearing hereon, suggested a strip 150 feet deep from Foundry Road to be zoned as R-3. He proposes an extension of Russell Street 8 feet wide through this 150 foot buffer strip. It is believed that this matter will be held in the Judiciary Committee until a report on it has been received from you. Sincerely yours, s/ H. G. Appleby Village J:vIanager Trustee Willer then read the following letter: December 3, 1957 , i 416) Jc seph A. Weber 40B Hill Court Prospect Heights, Ill. November 29, 1957 Village of Mount Prospect Mount Prospect, Illinois Gentlemen: The writer in conformance with your request and as per your letter of November 27, 1957 promises to pave that half portion of Lincoln Street which is owned by me at the time you have all other property owners concerned and adjacent to Lincoln Street signed up to do the same. This agreement is valid until Januar;<T 1, 1962. Yours very truly, sl Joseph A. Weber Trustee Willer then read the following communication: November 29, 1957 Mount Prospect Village Board Municipal Building ll2 E. Northwest Highway Mount Prospect, Illinois ATTENTION: Mr. H. G. Appleby Gentlemen: In accordance with your letter of November 20, 1957 I enclose herewith an ordinance which we hope will meet with your approval. I would appreciate it a great deal if the Board could consider this matter at the earliest possible meeting as we are very anxious to close the sale of this property so that building may start. There is also enclosed a letter from my client to the Board in accordance with your request of November 27, 1957 which we hope will prove satisfactory. Thank you for your cooperation. Very truly yours, sf Joseph A. Weber At the request of Trustee Willer, the ordinance referred to in the above letter was referred to the Village Attorney for h.t s consideration and recommendation. Trustee Willer presented the original plat of Frank Serafine I s Third Addition to JYlount Prospect. It was moved by 'l'rusteeWiller and seconded by r:erustee Casterline that the original plat of Frank Serafine's Third Addition to Mount Prospect be referred to the Plan Commission for study and recow~endation. The Presioent put the question and the vote was taken by acclamation, whereupon the President declared the motion carried" Mr. Clement V. Ward, Attorney, presented a petition to the Board. President Lams read the presented petition as follows: December 3, 1957 41 if NorrICE AND PETITION TO 1'H:fi; PRESIDENT AND rI'BE BOARD OF TRUSTEES OF 1HE VILLAGE OF J:vIT. PROSPECT, Mte Prospect, Illinois J:vIt. Prospect, Illinois December 3, 1957 We, the undersigned, residents of Mount Prospect, Illinois, and owners of property situated therein, fronting on South Wille Street between Central Road and Busse Avenue, fronting on Busse Avenue east of SouthvJille Street and fronting on Northwest Highway and Busse Avenue, hereby place your Honorable Board on Notice of our objections to the proposed "CENTRAL BUSINESS DIS1'RIC l' PLAN." That our objections thereto are as follows: ~.?ti Objection #One: The Hount Prospect Plan Commissio: in preparing and recommending to the Village B08~d of the Village of Mt. Prospect, the adoption by ordinanc o:f the proposed "CENTRAL BUSINESS DI STRIC T PLANll exceeded the authori ty delegated to it under Article 53-2 of Chapte:(' 24 of the Illinois Revised St.atutes, in that, in said Plan said Commission prescribed a method or methods of vacating streets. The only powe: that the Mte rrospect Plan Corrrrnission has are delegat, to it in the aforesaid statute. No provision of said statute gives the Plan Commission any authority to prescribe a method of vacating streets. The. State Legislature delegated that authority to the .President and Board of Trustees of the Village of 1V1t. .Prospect under Article 69-11 Chapter 24 of the Illinois Revise( Statutes and laid down the conditions under which and the method s by whi ch streets may be vacated and the Village Board must abide by the terms of. that statute and the decisions interpreting same. By virtue of the Plan Commission's assumption of power not delegatE to it, the whole plan fai Is :for want of authori ty. L by any conceivable interpretation, the Plan Commissiol could be considered as having such authority then the method they prescribe for vacating certain streets is unconstitutional as it is a delegation of Legislative Authority to private individuals and contrary to Article 4, Section I of the Constitution of the State of Illinois as decided by the Illinois Supreme Court in the case of Chicago Dryer Co. vs. City of Chicago reported at 413 Ill. 3l5. ..."'/"-.. '-, ~ .~ C~ Objection :f/Two The lVlt. Prospect Plan Commission is preparing and recommending to the Village Board of the Village of Nt. Prospect, for adoption by ordinancE of the propos ed 11 CEN'l'RAL BUSINESS DI S'I'RI C T PLANIl failE to consider the fact that the Village of MteProspect has a valid comprehensive over-all Village Plan, effective since September 7, 1~~3, as amended on two occasions in accordance with Paragraph (3) Article 53-2 Chapter 24 of the Ill1.nois Revised Statutes whiC}: plan applies to all geographical sections and all functional parts of the incorporated Village of Mount Prospect, including all annexed portions, regardless of whethpr zoned for business use or residential use, or used for business purposes, all property zoned for business use, as well as all other propertYe Despite the existing over-all plan and the statutory restrictions on amendment of same, the I"lt. Prospect Plan Commission submitted the proposed lICENTRAL BUSINESS DIS'I'RI CT PLAN." 1'he statutory restriction referred to is Paragraph (3) Article 53-2 Chapter 24 of the Illinois Revised Statutes, the provisions of wt~ich read as follows: "To prepare and recommend to the corporate authorities from time to time, plans for sued_fie improvements in pursuance of the officTaJ plan." Pursuance as defined in Webster's New Collegiai Dictionary as "Chiefly, a carrying out or into effect. December 3, 1957 j ..;1 8' t 41 That definition applied to the word pursuance in the statute would mean such recormuendations as would carry out or put into effect the official plan then in force. elf Objection #1hree: 1he Powfs of a Plan Commission of Villages within a radius of 30 miles from the corporate limits of municipalities of 500,000 inhabitants or over for redevelopment as set forth in Paragraph (2) Article 52-2 Chapter 24 of the Illinois Revised Statutes, are only applicable to Plan Cow..missions of Villages with apo:)ulation over 25,000 who have created Housing, Redevelopment, Slloo Clearance, or Blighted Area Authorities pursuant to Chapter 67 1/2 of the Illinois Revised Statutes" Objection 1fFour: 1'hat the Plan Commission's proposed l1CEN1'RAL '\USINESS DIS'I'RIC'I' PLAN" is not a plan, as the word Plan is generally understood, but constitutes and is designated a Redevelopment Plan w~ich the Plan Commission of the Village of Mt. Prospect is powerless to reco~~end by reason of the fact that the corporate authorities of the Village of Mt. Prospect, due to the number of inhabitants, has no authority to create housing, Slum Clearance, or Blighted Area Authorities as provided in Chapter 67 12/2 of the Illinois Revised Statutes. W'HERr~FORE, your Peti tioners pray that your Honorable Board refrain from adopting the proposed Ordinance amending the existing Official Village Plan until the Plan Commission submits a Plan in compliance with the terms of the original Official Village Plan in force since 1943 and within the legal limitations prescribed in Paragraphs (l) (2) (3) and (4) of Article 53-2 Chapter 24 of the Illinois Revised Statutes entitled, IIPowers of Plan Comn:ission". S/ Fred Lamz 9 S. Wille St. Christina LamB 9 S itJille St. . Louise "[",rille 15 S. Wille St. :Henry J. Harz 1-:<' S" Wille St. -' Luella Gerner l7 S. Wille St. Charles lVIecklenburg 2 S. Wille St. Alma Mecklenburg 2 S. Wille St. Irene Holste 3 S. Will e St. Henry Holste,Jr. 3 S. vliille St. Fred l~ille 26 w. Busse Ave. Emilie A. Wille 26 w. Busse Ave. Adolph "wille 2 N. Wille St. Velda l",rille 2 N. t-Jille St.. Herman F. J.vleyn 21 S. Maple S t. 01r. ~Jard stated tha t the petitioners, whom he represented, were primarily concerned with future action by the Village Board and the manner in which their property rights might be impaired. fTrustee "!tJiller inquired of Mr. Ward if the property O1-vners, represented by him, were contemplating litigation. Mr. Ward stated that his clients were not opposed to a Central Business District Plan, but were simply concerned over the impairment of their property rights. Trustee Willer stated that the Village has grown considerably since the approval of the Village Plan of 1943 and that the call for servi ce from the people of J.vlount Prospect will continue to be as great as in the past. He stated the belief that the opposition presented by the property owners represented by Nr. Ward considerably decreased the chances of the Central Business District Plan of being a complete success. J.vlr. Carl Sun.dberg of the Chamber of Comrn.erce s ta ted tbat he would endeavor to secure representation of the Chamber of Comn~el~ce at the next meeting of the Board of 11rustees on I)ecember lO, 1957. December 3~ 1955 ~'t>/l "y"" .~. :!;>o' r"-~ ".........j i\.~:t <1: i~~"'I ~.~ ...,.,,"""'~"'""""',....~.""""""~-~~~ J4- 1 Q M ~~u . .Ir. G. Mokate, of 109 N. Elmhurst Avenue, speak- lng from the floor, stated that the pUblic is sometirr unable to understand legal terminology used ati30ard meetings and also having difficulty in hearing the proceedings. There being no further action to come before the Board, it was moved by Trustee Broad and seconded by Trustee Norris that the meeting be adjourned. 1~~ Pre~ictent put the que stioI;',anCl. tbEit vo 1;e was t~ken by acclamation, whereupon the President declared the motion. c~rried and the meeting regularly adjourned at 1 0 : lOP .1VI. zU~ #. /~ William H. Keith Village Clerk MINUTES OF A REGULAR MEETING OF 'I'HE PRESIDENT AND BOARD OF 1'RUS~PEES HELD IN THE rlUNICIPAL BUILDING, MOUNT PROSPECT, ILLINOIS ON TUESDAY, DECEM~ER 10, 1957. 'I'he meeting was called to order at 8: 36 P ..f'.1. by President Lams and the Clerk was then directed to call the roll. On roll call, the fo1lo\ving 1'rustees answered IIPresent": Airey, Broad, Casterline, Schlaver and Willer. Absent: Trustee Norris. All Trustees having previously received copies of the minutes of a meeting held December 3, 1957, a motion was made by Trustee Airey and seconded by T'rustee Casterline that the minutes be approved as submitted. 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 and said minutes approved as submitted. President Lams referred to Proposed Ordinance No 587 AN ORDINANCE ADOP1'ING 'I'HE PROPOSED CENTRAL BUSINESS DISTRICT PLAN AS A PART OF THE OFFICIAL PLAN OF 'IRE VILLAGE OF MOUNT PROSPECT. President Lams then requested comments from the floor. Mr. 1homas Ackerman, acting as spokesman for the Chamber of Commerce, stated that the Chamber of Commerce believes a Central Business Plan a necessity to prevent sprawling unregulated gro~th of the Business District. He said the Village would benefit by the resulting revenue which would be lost to the Village if shoppers were forced to go elsewhere. Mr. Clement Ward, Attorney, representing a group of ci tizens opposed to the Central Business District Plan as outlined in the Kincaid Report, stated his belief that the Chamber of Commerce should proceed according to Illinois Statute. He termed the present plan a redevelopment plan and stated his belief that it cannot be legally carried out. Mr. Ward saia that he was strongly in favor of redevelop- ing any part of the Village that can be developed according to the original Village Plan and in accordance with Illinois Statute. Mr. G. Mokate, Secretary of the Northwest Home Owners' League, advanced the opinion that 75% of the residents of Mount Prospect are not acquainted with thE contents of the Kincaid Report. He further stated his belief that most residents are unhappy with preseni Slopping facilities and requested the Board to have Mr. December 10, 1957 . , """"""'1='OI!'~~;.ml!:!ill~:t~;l>;!Il!I"".G'm!",*~.".,.'_"""" ''''''' ......