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HomeMy WebLinkAbout06/18/1963 VB minutes MINUTES OF REGULAR MEETING OF THE BOARD OF TRUSTEES HELD ON TUESDAY~ JUNE 18~ 1963 President Schlaver called the meeting to order at 8:28 P.M. with the fo]3owing members present: ~oll call Bergen Bickley Bruhl Ek~en Casterline Absent: Phillips Trustee Casterline, seconded by Trustee Bickley, moved for the approval of the minutes of the previous meeting of June llth as minutes submitted. Upon roll call: Ayes: Bergen Bickley Bruhl Ekren Casterline Absent; Phillips Motion ca~ried. Trustee Bruhl, seconded by T~ustee Casterline, moved for approval of the following bills: bills General $ 9,552.33 Mun~c. Bldg. Bond & Int. 1946 385.00 Waterworks ~ Sewerage Fund 653.65 Waterworks & Sewerage Acquisition $ Constr. 3,881.75 S14,572.73 Upon roll call: Ayes: Bergen Bickley Bruhl Ek~en Casterline Absent: Phillips Motion carried. Trustee Bruhl, seconded by Trustee Ekren, moved that bids sidewalks for laying of sidewalk running east and west between Albert and Edward, Drawing #53-002, be opened. This motion carried by acclama- tion. The bids were as follows: Walter Nielsen $1,987.50 The Pacific Co. 1,600.00 Zemon Concrete Corp. 1,587.00 Aug. H. Skoglund Co. 1,495.00 John C. Grafft Co. 1,675.00 Schaefges Bros. 2,067.00 R. Blauw $ Sons 1,590.00 Trustee Bickley, seconded by T~ustee Ekren, moved that the bid of August Skoglund Company be accepted and contract awarded. Upon roll call: Ayes: Bergen Bickley Bruhl Ek~en Casterline Absent: Phillips Motion carried. T~us~ee Bergen reported that meeting was held last Friday Zoning Case night between Charles Bartmann, who wishes to set up miniature golf 63-23 course on his property between Rand and Foundry, and residents living Bartmann nearby. The meeting resolved in an impasse. June 18, 1963 Finance Trustee Bruhl, seconded by Trustee Casterline, moved that treasurer's Financial Report for May 31, 1963 be accepted and filed for audit. This motion carried by acclamation. Transfer funds Trustee Bruhl, seconded by T~ustee Bergen, moved authorize the temporary transfer from the Contractors Surety and Sidewalk Fund the sum of $23,246.25 to the Waterworks and Sew- erage Acquisition and Construction Fund. Upon roll call: Ayes: Bergen Bickley Bruhl Ekren Casterline Absent: Phillips Motion ca~ied. These funds will be used to pay part of J. P. Miller Artesian Well Co. for rehabilitation of Wells 3 and Trustee Bruhl, seconded by T~ustee Bergen, moved ro authorize the temporary transfer from th% Water Deposit Fund the sum of $6,833.85 to the Waterworks and Sewerage Acquisition and Construction Fund. Upon roll call: Ayes: Bergen Bickley Bruhl Ekren Casterline Absent: Phillips Motion carried. These fund~ will be used to pay part of J. P. Miller Artesian Well Co. for rehabilitation ~f Wells 3 and Finance Trustee Bruhl, seconded by Trustee Bergen, moved that Well 3 the Village T~easurer be authorized to pay from the Waterworks and Sewerage Acquisition and Construction Fund the sum of $17,008.90 to ~ P. Miller Artesian Well Co. for the final hill for the rehab- ilitation of Well Upon roll call: Ayes: Bergen Bickley B~uhl Ekren Casterline AbsenT: Phillips Motion carried. All bills for Well $ have been checked against the estimate and found to be in order. Finance TrusTee Bruhl~ seconded by Trustee Bergen, moved that the Wel~'6 Treasurer be authorized to pay from the Waterworks and Sewerage Acquisition and Construction Fund the sum of $21,224 to J. P. Miller Artesian W,ell Co. for the final pa~nent for the rehabilitation of Well #6; this payment to be conditional upon the acceptance by the Village of a letter from J. P. Miller Artesian Well Co. regarding their liability for the pump and motor in Well 6. (T~ustee Bruhl stated that all 5ills for Well 6 have been checked against the estimate and found to be in order.) Upon roll call: Ayes: Bergen Bickley Bruhl Ekren Casterline Absent: Phillips Motion carried. Well 6 President Schlaver asked if the Village had ever received letter as mentioned in the above motion. Manager Appleby replied that it had, and read the following letter, dated June 14th from the J.~P. Miller Company. June 18, 1963 Gentlemen: Well 6 During 1962, at the time the pipe and the By~on-Jackson submersible pump and motor assembly in the Village of Mount Prospect's Well No. 6, located on Foundry Road in Randhu~st Shopping Center, was being removed by J. P. Miller Artesian Well Co. for repair, the assembly was dropped into the well hole. The pipe was removed, but it was impossible to remove the By,on-Jackson pump and the motor from the hole before the present pump was installed. In view of the Village's not pressing any claim against J. P. Miller Artesian Well Co. for the above, the J. P. Miller Artesian Well Co. promises that if the bore is further deeepened by J. P. Miller Artesian Well Co. or by any of its affiliated companies, and should interference again occur from the Byron-Jackson pump and motor dur- ing the next ten (10) years after date of this agreement, this in- terference will be removed at the expense of J. P. Miller Artesian Well Co. Work is to commence within thirty (30) days after receipt of written notice of interference, and is to be pressed diligently until the interference is removed. If' said work is not so commenced, or done diligently, the Village shall have the option To contract with others, in which event J. P. Miller Artesian Well Co. shall bear the expense. In the event that J. P. Miller Artesian Well Co. or any of its af- filiated companies are not retained to deepenJthe well bore, this agreement and its guarantee shall be of no further force and effect, and no responsibility attached as a result of such interference. J. P. Miller Artesian Well Co. Wm. A. McElhenny, Sr., President" Discussion was held regarding certain points of the above letter, whereupon Trustee Bruhl, seconded by T~ustee Bergen, moved that the Village Attorney and Water Committee be asked To negotiate a satis- factory agreement with J. P. Miller Company in this regard. Upon Poll call: Ayes: Bergen Bruhl Bickley Ekren Casterline Absent: Phillips Motion carried. Trustee Bruhl read documents as follows in connection Esdrows with the refunding of escrow monies to Glenview-Westbrook Homes, Glenview- Country Club Terrace Second Addition: Westbrook Country Club Letter from J. C. King, Finance Director, to Attorney Hofert: Terrace 2nd Add'n "I am asking you, as the Village Attorney, for a legal opinion in regard to an escrow for the above-named property. An escrow agree- ment covering this work was set up June 2, 1960 and the funds were deposited with me at the same time. This job was completed and approved by David Creamer and William Voss of the Village Water and Street Departments, and Consoer, Townsend & Associates, the Village Engineers for this job. Consoer, Townsend recommended that the subdivision work be accepted by the Board based on the above reco~endations. The Board of Trustees a~ their meeting of Novem- ber 20, 1962 formally accepted this job. "On December 27, 1962, Mr. K. C. Gillespie made a written request to me that the remaining funds in this escrow be returned To the Company. I passed this info,ma/ion on to Mr. Appleby along with a copy of the request. He requested that no refund be made at this Dime, as Mr. Gillespie had not completed all work on his subdivi- sion known as "Country Club Terrace First Addition". Mr. Appleby would like Mr. Gillespie to appear before the Board to resolve the problem relative to the First Addition. As of this date he has been unable June 18, 1963 scrows Country Club Terrace 2nd to do so. Addition "To date Mr. Gillespie has made several phone calls in this matter and is getting adamant about the return of this escrow. "My question is, do I as Village Treasurer have a legal right to hold any remaining funds'on an escrow account wherein the job has been completed and accepted by,the Board of Trustees? "Enclosed are the following exhibits: 1. Escrow agreement. 2. Copy of Consoer, Townsend $ Associates' letter of October 16, 1962 recommending the acceptance of this improvement. 3. Letter from Consoer, Townsend & Asso- ciates stating that all bills have been paid and recommending that any funds remaining in the escrow be returned to the developer. 4. Request for meturn-of escrow by developer. 5. Copy of Mr. Appleby's memorandum. J. C. King" · Mr. Hofert's reply to Mr. King, dated May t3th: "I am in receipt of your con~aunication of May 9, 1963 in answer to your question posed "Do I as a Village T~easu~er have a legal right to hold any remaining funds in an escrow account which job has been completed and accepted by the Board of T~ustees'. "In my opinion, as Village T~easurer you are an escrowee. An es- crowee is a stake holder who holds money for the benefit of others pursuant to the te~ms of the escrow. You can pay out au the direction of Mr. Appleby and Mr. Gillespie or au the joint direc- tion of the President and Board of Trustees and Mr. Gillespie, or in the final alternative, by court order. "As escrowee your job is merely one of holding and safe-guarding the fund or using it as directed by the escrow agreement. "Your communication to me would indicate that the te~ms of the escrow have been complied with and that Mr, Gillespie has served demand upon you, It would appear from the documents submitted me that he is entitled to the money but his demands should be for- warded first to M~. Appleby and then to the Village Board. Sincerely, Edw. C. Hofert" Shown herein is Escrow Agreement of Glenview-Westbrook Hemes for Country Club Terrace 2nd Addition: "The undersigned, R. Co GILLESPIE, of 1328 Waukegan Road, Glenview, Illinois, herewith deposits the sum of TWO THOUSAND and no/100 ($2,000.00) DOLLARS in a "SPECIAL ESCROW ACCOUNT", with you as VILLAGE TREASURER of the VILLAGE OF MOUNT PROSPECT, to be deposited by you in the MOUNT PROSPECT STATE BANK, in accordance with the requirements of ORDINANCE No. 302 of the VILLAGE of MOUNT PROSPECT, and hereby agrees with the Village of Mount Prospect as follows: 1, This escrow agreement is to insure the completion of all the following work to be performed within the Village of Mount Prospect: Construction, supervision and inspection for sewers, water mains, curb and gutter and pavement, and sidewalks, as well as sewer and water services in SECOND ADDITION TO COUNTRY CLUB TERRACE, as Described in the plans and speciflcat~ons prepared by Consoer, Townsend, g Associate~, and identified as Consoer, Townsend June 18, 1963 Associates, Plan No. 60-78. Escrow Country Club 2. Furthermore, it is agreed that the VILLAGE MANAGER Terrace 2nd is authorized to order payments, to be made out of the "Special Add'n Escrow Account" for the fees of Consoer, Townsend & Associates, who have been employed as engineer on this improvement. 3. If said improvement has not been completed and ap- proved by the Village Engineer as provided herein~ or by June 15th, 1962, after five (5) days notice to the undersigned by letter from the Village Manager to the undersigned, then said sum, or the remaining portion thereof, shall be paid by the Village Treasurer, on written order of the Village Manager of said Village for the completion of the work in accordance with the plans and specifica= tions and the Village Ordinances. 4. Upon certification by the Village Engineer that all work has been satisfactorily completed and approved in accordance with the plans and specifications of the project and the Ordinances applicable thereto, and evidence submitted that complete payment has been made to the contractor for work performed and materials furnished, and upon written direction of the Village Manager, that this agreement has been complied with, the Treasurer shall cause to be returned to the undersigned such funds as are remaininM in the Special Escrow Account. Dated this l~th day of June, 1960. By: R. C. Gillespie" Trustee Bruhl referred to letters shown in the minutes of November 20, 1962 showing approval of improvements made in this subdivision written by Matthew Horan of Consoer, Townsend, Willard Voss, Street Superintendent, and David Creamer, Water Superinten- dent. Trustee Bruhl, seconded by Trustee Bergen, then moved to direct the treasurer to refund the sum of $943.75 remaining in the escrow of Country Club Terrace Second Addition. Trustee Casterline, seconded by Trustee Ekren, then moved to table the previous motion. Upon roll call: Ayes: Bergen Bruhl Bickley Ekren Casterline Absent: Phillips Motion carried. The matter of Country Club Terrace Second Addition escrow refund was referred to the Finance Committee~ with request by Finance Com- mittee to use also the Village Manager's file on this mater. Discussion was held regarding sale of Lot ~ Maplecrest to Lot 4 McCabe Realty. It was pointed out that there are easements across Maplecrest Lots 1, 2 and 3 for electric service and telephone but none shown on the map for water or sewer. Connections could either be made to Citizens Utility mains close by or if made directly to the Village, lines ~ould have to be brought a distance along Rand Road. Trustee Bickley suggested that this matter be kept in Committee another week and the Board concurred. Trustee Bruhl, seconded by Trustee Bickley, moved that the regular Board meeting begin at 7:00 P.M? next Tuesday night. This motion carried by acclamation. June 18, 196~ oning Case Trustee Ekren read memo from the Zoning Board re Case 63-14 63-14 heard May 31, petitioner, Walter S. Johnson: United Plaza This petition is for rezoning to B-3, amended at the hearing to B-2, contingent upon annexation, or property located west of the apartments approximately adjacent to United Airlines. Petitioner desires to build a neighborhood shopping center with professional offices overhead. Plans indicate needed small shops and adequate parking facilities for same. The Board of Appeals recommended for approval, based upon petitioner's voluntary amendment of petition from B-3 to B-2. Upon close questioning, petitioner's only reason for asking for B-3 zoning was for an anticipated package liquor license. We explained that we havenothing to do with licensing, and of course can promise nothing, but we feel the Village can exert better control over the amended B-2 zoning. E. F. Martin, Chairman Richard H. Monroe, Acting Sec'y Copy of report on Case 63-14 is shown in minutes of June llth~ Page Trustee Ekren~ seconded by Trustee Bergen, moved that the Board concur in the recommendation of the Board of Appeals to approve the zoning request of this petitioner and that the Village Attorney prepare documents for rezoning and annexation. Upon roll call: Ayes: Bergen Bruhl Bickley Casterline Ekren Absent: Phillips Motion carried, liquor President Sch&aver stated that he had received a letter from this United Plaza developer asking for license for package liquor store. Zohing Case Trustee Ekren read again report from Board of Appeals 63-13 regarding Zoning Case 63-13, Emil J. and Florence Curtis, shown in Curtis Farm the minutes of June llth, Page Trustee Ekren asked the Zoning Board to meet with the Judiciary Committee next Friday night for discussion of this matter with Leonard Rose, representative of petitioner. Zoning Case Trustee Ekren reported that Case 63-2 was still in Commit- 63-2 tee; the Judiciary Committee would like to see the proposed plans for this lot and asked the Manager to secure these plans from Annen and Busse. Zoning Case Trustee Ekren read the following report and memo from the 63-15 Board of Appeals re Case 63-15, heard May 31st, petitioners, David Fost and Elmhurst National Bank, Trust #1363: This case is a request for variation in land use of existing B-3 zoning of property located at 950 East Northwest High- way, to permit the wholesale operation of distributing laboratory supplies and processing of test papers .... The Zoning Board of Appeals voted 4-1 to recommend that this variation be approved for the following reasons: 1. The building on said premises appears to be adequate without exterior alterations to conduct said business, therefore existing property values would not be impaired. June 18, 1963 2. Petitioner states that seventy-five Der cent of his Zoning Case business is conducted by mail and would not add unnecessary 63-15 traffic congestion. 3. The nature of the business to be conducted, because of the small product size, nature of preparation and distribution, would be in character with the B-3 zoning district. There were notobjectors present. The petitioner has been notified that: 1. The variation, if granted, must be used within one year from date of the grant. 2. Performance standards of the ordinance as specified in the I-1 district must be observed. E. F. Martin, Chairman Richard H. Monroe~ Acting Sec'y Memo re 63-15: It must be understood that there are 2 types of variations: 1. Variation that is allowed in the ordinance. 2. Variation that is not allowed in the ordinance. (This is called a variation of land use~. This case is a variation of land use, since it is an ~llowed use in the I-1 district. It is necessary to call attention to the split decision in the case. The Chairman voted not to recommend because: 1. There is no ownership, therefore no interest in the property. 2. There is no hardship, and indeed n~re was claimed. 3. The proposed use is wholesale merchandising and some manufacturing. This is an allowed use in the I-1 district. Regarding Item #1, the chairman reluctantly agreed to permit the presentation of the case when, upon questioning, no proprietary interest was in evidence. The majority vote of recommendation was for the following reasons: 1. Petitioner felt, and majority agreed, that the unique nature of his business did not conform to the interpretation of "Wholesale ware- house or business" as specified in the I-1 district. 2. Grant of an I-1 zoning to that property would be spot zoning. 3. Petitioner claimed that most of his business (75%) will be done by mail. ~. Part of the property is presently used as a carpentry workshop and tool storage area. 5. Business establishments in this area have been subjected high turnover, and the location of a business which petitioner stated has been in the family for forty years, would aid in stabilizing this area. The secretary, while he voted with the majority~ wishes to June 18, 1963 point out that the Zoning Board of Appeals must make recommenda- tions as provided under the Zoning Ordinance and in accordance with the procedures contained therein (note chairman's objection). To change land use in a zoning district is a decision resting solely with the corporateebody. E. F. Martin, President Richard H. Monroe, Acting Sec'y Case 68-15 was referred to the Judiciary Committee. Zoning Case Trustee Ekren read report and memo re Zoning Case 68-6; 63-6 stating that the Judiciary Committee had made their decision on Swimming pool this case~ and moved, seconded by Trustee Bergen~ that the Village Attorney be directed to prepare amendment to the present zoning ordinance allowing swimming pools as special use in R-4 district providing adequate safeguards for public health are provided by the developer. Upon roll call: Ayes: Bergen Bruhl Bickley Casterline Ekren Absent: Phillips Motion carried. Street Department Trustee Casterline, seconded by T~ustee Bruhl~ moved Village-owned that the Village Manager be authorized to contact Hough dealer vehicles regarding lease-purchase plan for payloader. This m6tion carried by acclamation. Trustee Casterline explained that the Street De- partment had been borrowing equipment from the Water Department which was not heavy enough to do the job. Trustee Casterline reported that his committee had dis- cussed several items of business, such as Village sidewalk im- provement program~ erection of a new Street Department garage~ purchase of 3/4 Ton tractor to replace now-defunct GMC, and em- ployment of drafting assistant to the engineer. House Bills Trustee Bickley moved, seconded by Trustee Ekren, that 1483 and 1568 the Village Manager wmite the appropriate legislative body in opposition to House Bills 1488 and 1568 voicing the objections of this Board. This motion carried by acclamation. House Bill 1480 Village Manager Appleby mentioned also House Bill 1480, which automatically disconnects newly annexed territories from their rural fire protection districts. Police Dept. Mr. Appleby recalled that on May 28th two boys were given permission to paint house numbers on curbs for fee from house owners. Three other boys have requested the same privilege. The Board replied that this was all right with them if the boys received proper credentials from Chief Whittenberg. Manawa Trail Mr. Appleby reported m~gar~ing paving along Manawa Trail, Paving that the Village has accepted a deposit in anticipation of escrow being set up on the basis of engineer's estimate; and have allowed building permit to issue on the understandin~ that contract will be drawn up and escrow established by July 15th. Appointments President Schlaver explained that he had neglected ~o se~ the time of Mr. Philip Liggett's appointment to the Zoning Board, that it is for five years from last May first, asking ~he Boamd to concur. June 18, 1963 rustee Casterline, seconded by T~ustee Bergen, moved to concur in the President's appointment of Mr. Liggett to the Zoning Board for the next five years. This motion carried By acclamation. Trustee Bickley, seconded by Casterline, moved for the Res. 63-22 adoption of Res. 63-22: Water Interconnecti A RESOLUTION PROVIDING FOR THE INTERCONNECTION OF between towns THE WATER LINES OF THE VILLAGE OF MOUNT PROSPECT, THE VILLAGE OF ARLINGTON HEIGHTS AND THE CITY OF DES PLAINES Upon roll call: Ayes: Bergen Bruhl Bickley Caste~ine Ekren Absent: Phillips Motion carried. VillageManager Appleby brought up County Zoning hearing County,' to be held in the Village Hall on June 28th at 4:00 P.M. re Dockets zoning 587, 588 and 589. President Schlaver stated that Mayor Behrel of Des Plaines intended to send an observer to this hearing; the manager also reported that United Airlines do not intend to protest the restaurant and cocktail lounge. Trustee Bickley, seconded by Trustee Ekren, moved that Mr. Appleby attend this hearing as an observer for the Village. This motion carried by acclamation. Adjournment by acclamation at 10:31 P.M. Respectfully submitted. Ruth C. Wilson, Clerk June 18, 1963