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HomeMy WebLinkAbout10/19/1965 VB minutes MINUTES OF P~EGULAR MEETING OF BOARD OF TRUSTEES HELD OCTOBER 19, 196.9 President Congreve called the meeting To order at 8:05 P.M. with the following members present: Roll call ROLL CALL: Bruhl Colfer EZren Grittani Teichert Arrived at 10:20 P.M. - Trustee Bergen INVOCATION: Trustee Colfer gavethe invocation. Invocation APPROVAL OF MINUTES: Trustee Teichert, seconded by Trustee GritTani, moved the minutes of Minutes the regular meeting of October 12, 1965 be approved as corrected. Upon roll call: Ayes: Bruhl Colfer Ekren Grittani Teichert Motion carried. APPROVAL OF BILLS: General $38,504.34 Parking System Revenue 82.44 Bills Library 3,088.15 Waterworks ~ Sewerage Fund 16~89.~..~.~. Total $58~53.4...5.21 Trustee Grittani~seconded by Trustee Bruhl, moved to approve the above bills for payment. Upon roll call: .Ayes: Bruhl Colfer Ekren Grittani Teichert Motion carried. CITIZENS TO BE HEARD: Mr. Wm. J..Reinert requested an opportunity to he heard relative to Village Attorney the appointment of a Village Attorney. Matter was deferred until later in the meeting under Judiciary Committee report. Mr. J.H. Bick~ey, Jr. representing Bernard Nelson, operator of the House of Lords Pool Hall, in Mt. Prospect Plaza, requested to appear before the Board to discuss Sec.! 11.203 which pertians to prohibition Billiard Parlors of minors under the age of 18 e~ering billiard parlors. The Mouse of Lords had established a control system whereby minors were registez~d Only after letters of consent from parents or guardians were submitted. The owners contend this operation kept out undesirables. It was noted that the Mouse of Lords is not licensed to serve alcohol. Mr. Nelson stated he or his wife were always present as chaperones, that he had $75,000.00 invested in the business, and would tolerate no deiin-" quency. Me cited previous experience with youth groups. Mr. Bickley requested the matter be referred to Fire and Police Commit- tee. He was advised that the next meeting of the Committee, was sched- uled for the following evening, Wednesday, October 20th, at 7:30 P.M. and was invited to attend to present his case. Approved. COMMITTEE CHAIRMAN REPORTS: BUILDING COMMITTEE - Trustee Cotfer Oct. 19, 1965 1. Petition for variation from fence ordinance to construct 3 ft. Fence variation vinyl covered steel chain link fence completely around p~operty which covers two lots. Petitioner: Louis Munao, Inc. Contractors, for Mr. Kurrent - and Mrs. Vincent Kurrent, 305 E. Hiawatha Ave. Reasons: (a) Protec- 305 E. Hiawatha tion of Japanese garden and empensive figurines .ffrom use of property aa an exercise area for neighborhood pets, and (b) fence will be inc- conspicuous turf green color. It was the recommendation of the Building Committee that although they were sympathetic to the problem the petitioner did not prove a hard- ship and the petition should be denied. Trustee Collar moved, Trustee Grittani seconded, the Board co,cur with the recommendation of the Build- ing Committee and deny the petition for variation from the fence ordin- Upon roll call: Ayes: Bruhl Colfer Ekren Griatani Teichert Motion carried. Building .Committee considered petition for variation from Sign Ordin- Sign Ordinance anco to construct a sign only 16' from ground to bottom of the sign, Mt. Prospect with overall height being 28'. Petitioner: Federal Sign and Signal~ State Bank Corp., for Mount Prospect State Ban~, Busse ¢ Emerson Streets. The reason for the request was to conform with another ground sign at the rear of the property. It was the committee recommendation that the petitioner had numerous alternatives to the requested sign, did not proved the necessary hardship and the Board should deny. Trustee Colfer moved, seconded by Trustee Teichert, the Board concur in the recommen- dation of the Building Committee, and deny the petition for variation. Upon roll call: Ayes:. Bruhl Collar Ekren Grit~ani Teichert Motion carried. Building Committee studied an amendment to the Mount Prospect Building Code to regulate storage sheds and recommended passage of an ordinance Storage sheds for first reading. Trustee Cotfer read the ordinance. Discussion en- sued relative to the type of structure included under th.is control. Trustee Teichert requested deferrment of second reading until trus- tees have further time to consider various ramifications. It was ag- reed to scheduleclthe ordinance for a second reading on the agenda of November 9, 1965 to give th~ Board an opportunity to direct sug- gestions to Trustee Collar before final passage. Computation of ~osts for the purpose of determining building permit Bldg. Permit fees was reviewed by the Building Committee and a proposed sch-. fees edule was presented. Trustee Collar moved, Trustee Grittani seconded, the Board concur in the opinion of the Building Committee and the Village Attorney be dir- . acted to prepare a resolution incorporating this schedule for the pur- pose of determining costs for building permit fees. Upon roll call: Ayes: Bruhl Collar Ekren Grittani Teichert Motion carried. FINANCE COMMITTEE - Trustee Gri~tani Trustee Grittani read Ordinance No. 1101: Ord. 1101 ~N ORDINANCE TO AMEND CHAPTER 13 OF THE MOUNT PROSPECT MUNICIPAL CODE O~ 19, 1965 mending Section 13,115 by its deletion and inserting a new Section 13,115 relating to closing hours - Sunday closing. Attorney Smith Liquor - closlnE suggested an amendment to the ordinance ~o include a further inte~- hours - Sunday pretation. Trustee Collar moved, seconded ~y Trustee Grittani, to table the discussion. Upon roll call: Ayes: Bruhl Colfer Ekren Gmittani Teiche~t Motion carried. T~ustee Grittani moved, Trustee gkren seconded, that Warrant No. D- 4~61 dated August 31, 1965 issued to Paddock Publication, Inc. in the Refund of amount of $5.§0 drawn on the Library Fund b~ cancelled because it was a duplicate payment and Warm-ant No. D-4692 dated September 29, 1965 Warrants issued to Merman J. Maenisch in the amc%mt of $30.00 drawn on the General Fun~ be cancelled because he had lost the warrant and the Vil- lage T~easurer be authorized to issue another Warrant to replace this concellation. Upon Polt call: Ayes: B~uhl Collar Ekren Grittani Teichert Motion carried. JUDICIARY COMMITTEE - Trustee Colfer Trustee Colfer Paad for a fims~ reading an ordinance amending Article ~ of the Mount Prospect Municipal Code Sec. 5.402 relating to Plan Plan Comm. Commission membership~ and t~e Clerk was directed to schedule it on the next Agenda for a second reading. Approved. membership Trustee Colfer read for first reading an Ordinance amending Section 30 of the Zoning 0~dinance which pertains to the Board of Appeals~ and the Clerk was directed to schedule it on the next Agenda for a second reading. Approved. ZB A Jurisdicti¢ Trustee Colfer read for a first r~ading an ordinance amending Section ~3 of the Zoning O~dinance changing the jurisdic=ion of the Plan Commis- Plan Comm, sion, and the Clem~,was directed to schedule it on the next Agenda for Jurlsdietion a second readings. Approved. REPORT OF JUDICIARY COMMITTEE ON VILLAGE ATTORNEY. RECOMMENDATION: The Committee unanimously recommends that the Village retain the services 6f a full-time attorney. Village Attorne] ~ Committee notes this action will involve the acquisition of law libmary facilities, secretarial help and office furnishings in ad- dition to the salary of the atto~ney~ however, some of these expendi- While initially the use of full%time counsel may not result in an im- mediate dollar savings to the Village, it is the Committee's firm belief that the Village will receive more dollar valu~ - aimply stated, more hours per dollar spent. Some of the obvious advantages of full-time~c~la~e as follows~: 1.Available for coum:.~_~on day-to-day problems er~ccu:ntered by VillaEe bepartment heads. 2. Codification and clarification of the Village municipal code. Oct. 19, 1965 35. I~z~ma~training of Village's police department. 4. Availability at Co~wnittee meetings, both Village Board and Lay Com- mittees. 5. Assumption of duties of Village Prosecutor dfie to Circuit Court re- questing court days other than Saturday. It is expected outside corporate counsel will be required for such mat- ters as litigation and special assessments. The Lay-Committee's recommendation is to hire Village Counsel on an hour- ly rate basis. While our recommendation is not in accord with the' conclus- ion of the Lay Committee's report, it is mad~ with full consideration of the details set forth in the report. As to these, our Committee is fully cog- nizant that the success of it's recommendation hinges on obtainSng the right man for the job; however~ we believe such a man can be obtained. The Judiciary Committee wishes to express it's thanks to Messms. Crooks, Szala, Moore, Bradtke, Scranton and Russell~ the attorneys who served on the Lay-Committee, for the time and effort expended by them in their analysis of the legal needs of the Village. Trustee Teichert read a report as follows: There is a humorous saying about lawyers which states that "if you get three lawyers together, you'll get three different op~nmons . In a sense this is very true, and for this reason I had somewhat expected a less definitive report form the' committee ~n legal needs. It is, of course~ to their credit that they were able to submit a report in which there was agreement as to the general conclusions. This sould not, however, lead any anyone~o believe that all of these ~awy~rs agreed on all of the points covered in the report. In this respect, a m~nority report, or even the pro and con arguments of the factors discussed, would have berm most helpful. This was rectif- ied by a joint meeting of our Judiciaz~¢ Committee and the Committee on Legal needs...as well as subsequent conversations with several of these lawyers as to specific points in the report. I~ became apparent from these discussions that we had not communicated to our lawyer's committee the proper scope of ou~ problem. Their viewpoint of our needs is~!~stightly different ~han our needs as we see them, and for this reason our conclusions would appear to differ.., even though similar reasoning was applied. For example~ our primary need would appear to be legal assistance on a day-to-day, or hou~-to-hour~ basis.., a preventative type of law On an administrative level. This was not emphasized in our request nor recognized by the lawyer's committee report, an~ so it was not given the consideration it deserves. Another critical area, but one not evident to the general public, is that of committees. Under our present for~ of Village government there is~no doubt that the bulk of the Work is done in committee. It is in the initial work stages that lggal advice can be most beneficial. The complexities in such areas~s zoning, annexation, or litigation require a continuing and available source of legal aid, to avoid mean- ingless investigations and unworkable solutions. I firmly believe that these two factors.., daily assistance to ou/~ administrative personnel, and aid tO our committees.., are necessary needs that mus~ be adequately handled if we are to operate effectively. The hou]01y rate or the retainer plus hourly rate ~ ..... · have not Oct.'19, 1965 269 met thoso hOOdS in the past and I have no reason to boliove thoy would in the futuro. It does appear to mo that a full-time cousel may be tho Village Atty. answer...and whilo I do believe it would ultimately be loss expensivo, I would ~hink the hoed is ~ufficient to go t~a~ route ovon if it were more oxponsivo. Mn0. William J. Reinert had fu~her opportunity to discuss with the Board the proposed appointment of a Village Attorney. Trustee Teichert stated a full-timo attorney should ~ive a proposed salaz~ ranging from $7,500. to $12,000, depending upon capability. Trustee Bruhl questioned Trusee Teichert on th use of outsido sounsol in matters of litigation. Trustee Colfor' movod, Trustoo Teichert seconded~ the Villago Board concur with the recommendation of the Judicia~ Committee and soek full-time logal counsol for the Villago. Upon roll call: Ayos: Colfer Grittani Teichert Congreve Nays: Bruhl Ekron Motion carriod. P~-esident Congreve directed ~movalf~om "Matters Ponding" of Klausing Kladsing properz5 prope~y cles/%-up. Work accomplishod. OTHER BUSINESS: P~esident Congreve ~eoom~edded the appointment of Howard To~d to the Howard Todd Amchitectural Committee for a ter~ to expire in May, 1966. Architectural Com~ Trustee Colfsr movod, socondod by Trustoo Teichert~ for concurronce with the Prosidont's recommendation. Upon roll call: A~yes: Bruhl Colder Ekren Grittani Teichert Motion cazu~ied. The following itoms wer~ refer~ed ~o the Building Committee: Rofor To Bldg. 1. Study of ordinances in regard tokh~ights of buildings. Comm. 2. Considor hood of sash bonds for garagos and other building additions. Trustee Teichert requostod an ordinance rolating to Caso 65-27 granting a 9-foot variation of height for Wieboldt's store at Randhurst bo placod Wieboldt's 65-2~ on the Agenda for a::first reading at the next rogular mooting, Trustee Teichert movod, Trustoo Grittani socondod, to romovo from table Closing hours - 0rdinanco #1101 rolating to Sunday closing h~t~ for liquor dealers. Liquors Sun. Upon roll call: Ayos: Bruhl Colfer Ekron Grittani Teiche~ Motion carried. Trustoo Teichert movod, Trustoo Grittani socondod, that the amondmont to Soction 13.115 be amended by adding the words, "but nothing contained in this Section lS.'ll5 shall be deemod to authorizo any such rotail establi- shment, restaurant, or club to koop opon for businoss or ~o admit tho public to such promises at or during any honm whon such promisos are requirod to be closed by virtue of the regulations or restrictions imposod by any other provisions of th~s Municipal Codo." This ordinance previously presented during the mooting. Upon roll call: Ayes: Bruhl Colfer EkPen Grittani Teiehert Motion carried. October 19, 1965- Trustee Grittani, seconded by Trustee Teichert, moved for passage, Ord. 1101 approval and publication of Ordinance No. 1101 in the manner provided Liquors - Sun. by law: closing AN ORDINANCE TO AMEND CHAPTER 18 OF THE MOUNT PROSPECT MUNICIPAL CODE Upon ~1t call: Ayes: Bruhl Colfer Ekren Grittani Teichert Motion ca~ied. The followin& items were referred to the Fire and Police Committee: Refer to Fire ~ 1. Study of resolution in regard to the nun~beP of policemen and Police Comm. ~iPemen. 2. Lt. Fox requests that Article 4 of Sec. 2~.~01 be updated. This ~fers to the Fire Prevention Code. Finance Director recommended that the attorney be directed to prep- are a resolution to close out the Village accounts with the Mount Prospect Bank and transfer the parking system revenue acco%~nt to Bank deposit the Mount Prospect State Bank and-the trust account To the First changes National Bank of Mount Prospect. The Plaza Bank is moving from Mount Prospect, Approved. On June 1, 1965 the Board directed the attorney To prepare an Electrical Code ordinance ~dopting the Chicago electrical code as revised by the electrical commission, Referred To Building Committee fop study and reco~mendation. The State requireA a testing laboratory to test samples ~f all concrete and asphalt that is used on MFT projects. In the past the Flood MFT Company has performed this service. They were authorized to make the necessary tests for the Kenilworth pFo]ect. Approved. COMMITTEE MEETINGS Fire and Police - October 20, 7:80 P.M. Public Womks - Following regular meeting of Board of TrusTees Oct. 19,1965, TREE BIDS Trustee Colfer moved to suspend rules in order to discuss tree bids ~eferred to Public Works Committee. Trustee Teiche~ seconded. Upon roll ~all: ~yes: Brubl Colfer Ekren Grittani Te£chert Motion carried. Four bids had been received for four specific type of trees. Two Trees bidders bid low on different species. (At this point, Trustee Bergen arrived. Time: 10:20 P.M.) Trustee Colfer moved that the Board accept the bid from Hook%s Nut- -- Bids sery with regard to Buisman Elm at $28.30 and Marshall Ash at $28.30, each for 125 trees, and to accept the bid of Klehm's Nursez~; fop Red Maples at $28.50 and Sugar Maples aT S28.50 for 125 trees each. Trustee Grittani seconded. October 19, 196~ Oxt. 19, 1965 27,1 Upon roll call: Ayes: Bergen Bruhl Colfer Ekren Grittani Teicher~ Motion carried. ADJOURNMENT Trustee Colfer moved, TrusTee Gri~Tani seconded, the meeting be adjour- ned. Unanimous. Time: 10:25 P.M. Respectfully submitted, Richard H. Monroe Village Clerk October 19, 1966