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HomeMy WebLinkAbout10/03/1961 VB minutes 3 45. MINUTES OF REGULAR MEETING OF BOARD OF TRUSTEES HELD UN OCTOBER 3, 1~61 President Schlaver called the meeting to order at 8:28 P.M. and the following trustees answered Present to roll call: roll call Present: Bickley Bruhl Casterline Ekren Caw Phillips Trustee Brnhl, seconded by Trustee Casterline, moved for the approval of the minutes as submitted with the correction of typographical error, minutes Ayes: Bickley :~ Bruhl QO Pass: Gaw Casterline 0 Phillips Ekren Motion carried. Trustee Brubl, seconded by Trustee Ekren, moved for approval of the bills for the week of October B, as fellows: General $21,298.62 bills Garbage 163.55 Parking System Rev. 395.71 LiBrary 456.80 Water operation 8~ 089.08 , $30~,403.74 ~- Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Phillips Motion carried.. Mr. Irv. Ross, 901 West Milburn, arose and inquired as to the outcome of the meeting with the Sanitary District re drainage problems in Sewers & WeGo Park and Alfini Subdivisions. The answer was that the trouble can drainage be corrected, but the problem is one of financing; ways and means are being sought to raise the necessary funds. There was further conversation regarding the flooding along Weller Creek; Trustee Bickley suggested that the Southeast Civic Association take on the project of finding which homes have been flooded and which have not. Trustee Casterline, seconded by Trustee Caw, moved that the Village Engineers be authorized and directed to prepare a report and Building Code recommendation concerning the use of overhead plumbing, sewers and Plumbing & possible back yard dry wells in all new construction. Sewers Upon roll call: Ayes: Bickley ~.~ Bruhl Casterline Ekren · - Gaw Philli~ Motion carried. Trustee Casterline invited Vern Smith, electrical contractor, Building Cod to speak in a~swer to the charges of the Villuge of inadequate tiring electrical in certain houses in the village. Mr. Smith charged that the Village wiring has no qualified electrical inspector, leaving the responsibility to the electrical contractor and the geneEal contractor. Trustee Casterline replied that the talent used was the best available; that Mr. Hogan was agreed upon to give opinion and that both parties agreed to ab~de by his opinion. October 4, 1961 ldg. code Trustee Bickley re-read Mr. Hngan's letter of September 5th. (cont'd) Attorney Hofer then asked Mr. Smith: Will you or will you not · electrical abide by this decision and re-wire the houses in question in strict inspection conformity with the code? Mr. Smith answered t~t he would, adding however, that he would be in such strict conformity that he w~ld wire the lights to the furnace, and further described the mayhem that he would cause by adhering strictly to the code. Trustee Ekren, seconded by Trustee Bruhl, moved for the passage of Ord. #792: Ord. #792 Village property AN ORDINANCE DIRECTING THE SALE OF VILLAGE Sale to Jewel Tea Co. PINE STREET PROPF~TY TO THE JEWEL TEA CO. Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Motion carried. Phillips Trustee Ekren, seconded by Trustee Bickley, moved for the passage of Ord. #79S: Ord. #?93 Village property AN ORDINANCE AUTNBRIZING THE SALE OF LOT 4 Sale of Lot 4, MAPLECREST SUBDIVISION TO HIGHEST BIDDER Maplecrest Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Motion carried. Phillips Trees in Funk's Trustee Ekren, seconded by Trustee Bickley, moved to approve Mt. P. Gardens action of the Village Attorney in entering into an agreement with Mar Don Constr. Mar Don Construction Company as set forth in a letter dated September 28, 1961 and signed by Mar Don Construction Company relating to the planting of trees on lots built by said company, and that the village clerk include the text of said letter in the minutes of said meeting. Upon roll call: Ayes: Bickley Bruhl Casterline Ekren Gaw Motion carried. Phillips Herein follows the text of agreement aforementioned and signed by Edward Hofert, Village Attorney and A. H. Rosenbaum of Mar Don Construction Company: September 28, 1961 President and Board of Trustees. Village of Mount Prospect Mount Prospect, Tllincis Gentlemen: Re: Mar-Don Construction Company' s Obligation to Plant Trees in Compliance with Ordinance as to 28 Lots on Which it has Built It is understood and agreed by Mar Don Construction Company that the Seventeen hunSed ($1,?00o00) Dollars presently on deposit with the Village may be used for the purchase and installation of trees in conformity with Mount Prospect' s ordinance requiring the planting of trees, Article II, Subdivision Regulatiuns, Section 8, provided the same has not been done by Nar Don Construction Company on or before November 1, 1961. In the event that said Company has planted the trees and complied with the ordinance, said money shall not be used for said purpose but shall be remitted to said Company provided all other conditions for which October B, 1961 he money is held have been complied With. Trees (cont'd) Funk's Mt. P. Provided the trees have been installed by said Company, the money Gardens Sub. will be remitted as the houses have been granted certificates of occupancy. The Village of Mount Prospect will issue certificates of occupancy provided final inspection complies with all the requirements of the Building Code. MAR DON CONSTRUCTION COMPANY By (A. H~ Rosenbaum) Its duly authorized agent. Approved: VILLAGE OF MOUNT PROSPECT By (Edward C. Hofert) Its Village Attorney Trustee Ekren, seconded by Trustee Bruhl, moved that the County Village Manager write a letter to Sal Di Muc~i concerning the property Zoning involved in Zoning Case #117 that the refusal of the County to grant a Di Mucci special use for a planmed development of said property as petitioned makes the question of the Withdrawal of objection to this planned development to be moot. This motion carried by acclamation. Trustee Ekren took up the Boning Case of Edward and Annette Zoning Case Stanton, #61-28 + 29, reports of which are reproduced in full in the 61-28 + 29 minutes of September 19th. Stanton Mr. Robert Stanton, attorney, and Mr. Christopher Chamales, architect, agreed to the area restriction of the building provided this restriction would attach only at the time the building permit is issued. The Building Committee concurred in this and so recommended to the Board. Thereupon, Trustee Ekren, seconded by Trustee Bic~ley, moved that the Board of Trustees concur with the recommendations of the Zoning Board to accept the annexation and rezoning of property described in Cases 61-28 and 61-29. Upon roll call: Ayes: Bickley Brubl Casterline Ek~en Gaw Phillips Motion carried. Trustee Ekren, seconded by Trustee Casterline, moved that the Village Attorney bedirected to prepare necessary papers for annexation and rezoning ordinances 'for property described in Cases 61-28 and 61-29. Annexation Upon roll call: Ayes: Bickley Stanton Bruhl Addition Casterline Ekren Gaw Phillips Motion carried. Trustee Ekren,read the following report re Case 61-31: Zoning Case R E P 0 R T #61-31 - Special October 2, 1961 Use ~ Ill. Bell To: Board of Trustees Re: CASE 61-B1, Heard September 29, 1961 Petitioner: Illinois Bell Telephone Co. Contraet Purchaser Nominee: George P. Curran This is a request for Special Uses on property now zoned I-1 at the Northeast corner of Rockwell and Arthur Streets located at the rear of the Bruning plant. October 3, 1961 peciAI'~Us~ There were no objectors present. Illinois Bell The Board of Appeals were satisfied that: l) The establishment, maintenance andoperation of this special use will not be detrimental to or endanger the public health, safety~ morals, comfort or general wel£are~ 2) This special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood. ~-~ B) The establishment of this special use will not impede thenormal and orderly development and improvement of surrounding property for uses permitted in this district. 4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided. 5) Adequate measures will be taken to provide ingress and egress so designed as to ~inimize'trafftc congestion in the public streets. 6) This special use shall in all other respects conform to the applicable regulations of the district in which it is located. The Board of Appeals voted 5-0 to approve of the request, one member abstaining. Malcom G. Young, Acting Chairman G. E. Jacobsmeyer,.Acting Secretary Trustee Ekren, seconded by Trustee Phillips, moved that the Board of Trustees concur with the Board of Appeals in Case 61-B1 and that the Village Attorney prepare the necessary legal'papers to allow this request for Special Uses. Upon roll call: Ayes: Bickley Casterline Bruhl Gaw Motion carried. Ekren Phillips Trustee Phillips of the Water Committee readthe following letter from the Village Engineers, Consoer, Townsend re Well #6: Well #6 Equipment July 20, 1961 contract Mr. Harold Appleby, Village Manager Municipal Building Meant Prospect, Illinois DearMr. Appleby: Re: Well #6 - Equipment Contract We enclose Partial PaymentEstimate No~ B in the amount of $10,768.56 in favor of Wil-Freds lac. for work performed on the subject contract to July 17, 1961. This estimate has already been revised downward from that originally submitted to us. In our opinion it now represents a fair estimate of the work completed, and we recommend that it be paid. Very truly yours, Consoer, Townsend & Associates By: Arthur H. Lewis Trustee Phillips then read letter of opinion from the Village Attorney, Edward Hof~t in this regard, reproduced on the following page, P. B49. October B, 1961 September 14, 1961 Well #8 Mr. William L. Phillips Equipment lib North Eastwood Avenue contract Village of Mount Prospect, Ill. letter of Dear Bill: Re: Well No. 6 opinion A review of the contract documents and conversations with Messrs. Lewis, Willis and Appleby indicate the following: 1. The contractor has followed the specifications to the extent possible and the instructions of the Village Engineers where this was not possible. 2. The Village engineer takes the position that the contractor's failure to comply with the plans and specifications was due to conditions beyond his control and unforeseeable at the time the contract was entered ~nto. Assuming the reliability of technical information provided by the Village engineer, the Village is legally obligated to pay the contractor for the work performed to date, regardless of future performance of the well due to the location of the pump. If the Village questions either the technical competency or the integrity of the Village engineer, ~hen it must hire an engineer with established technical competency and re-examine the factual assumption on which the conclusion stated herein is reached, since refusal of payment will undoutedly precipitate legal action for recovery of the sum alleged due, in which event the legal position of the Village would be determined by "expert opinion". No evidence of legal significance has been broagt to my attention which would suggest lack of technical competence or lack of integrity on the part of the Village engineer. Sincerely, Edward C. Hofert. The trustee pointed out that this has been a difficult Oecision, that advice from cc~mpe~e~toeitizens has been used; that the opinion was not that the engineers were incompetent but that cenditi~s arose not antici- pated when the work was begun. Trustee Phillips, seconded by Trustee Ekren, moved that Partial Payment No. 3 to Wil-Freds, Inc. for work done on Well ~8 be paid. Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. Trustee Bickley stated that Mr. Fred Reimann was interested in bicycle safety and was willing to serve on the safety committee. President Schlaver replied that he was pleased and did se appoint Mr. Reimanu. Bicycle Trustee Bickley, seconded byTrustee Phillips, moved that the Board Safety concur in the President's appointment of Fred Reimann to the Safety Committee Committee. This motinn carried by acclamation. Trustee Bickley, seconded by Trustee Casterline, moved for the passage of Ord. #794: Ord. #794 Traffic AN ORDINANCE AMENDING SEC.18.202 of Municipal Code MAKING HENRY STREET A ONE WAY WEST BOUND STREET BETWEEN OWEN STREET AND WILLIAM STREET Upon Roll Call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. October B, 1981 Zoning Trustee Ekren read the following report re Zoning Case 61-33, Case 61-33, 61-33A: 61-33-A REPORT October 2, 1961 To: Board of Trustees Re: CASE 61-33 & 61-33A Heard September 2§, 1961 Petitioner: Roy N. Miller & Company 805 North Riverside Drive -- Park Ridge, Illinois This petition is a request for rezoning from R-1 to R-4 of 3½ acres South of Prospect Avenue, west and close to Mt. Prospect Road and hereinafter referred to as Parcel #2. Each case is contingent upon the other and therefore is considered together. There were no objectors present. The Board of Appeals voted 6-0 to deny the petition because the petition for Parcel #1 did not meet the requirements of R-4. Eugene F. Martin, Chairman 6. E. Jacobsmeyer, Actin~ Sec'y Case 61-33, 61-33A was turned over to the Judiciary Committee for study and recommendation. Trustee Ekren read the followin~ report re Zoning Case 61-34, Zoning Robert Starck: Ca~e 61-34 R E P 0 R T Starck To: Board of Trustees October 2, 1961 __ Re: CASE 61-34, heard Sept. 29, 1981 Petitioner: Robert W. Starck & Company Five North B~nadway Des Plaines, Illinois This is a request for a variation of present R-3 zoning to allow erection of a 1-story building (as required under B-2) at 437 West Prospect Avenue, for use as a real estate office. The adjoining property ~ner to the east was present to object to a rezoning of the property but was agreeable to the variation as requested. The Board of Appeals voted 6-0 to approve of the variation. Eugene F. Martin, Chairman G. E. Jacobsmeyer, Acting Sec'ty This matter was turned over to the Judiciary Committee for study and recommendation. Trustee Ekren read. the following report re Zoning Case 61-32: Zoning Case 61-32 R E P 0 R T To: Board of Trustees October 2, 1961 Re: CASE 61-32, Heard Sept. 29, 1961 Petitioner: Chicago Title & Trust Co. as Trustees under Trust~40403 Attorney: Frederick A. Weber 82B So. Wabash Ave., Chicago This is a petition for B-3 zoning contingent upon annexation of property located at the northeastcorner of Euclid and Rte. #83. The attorney stated that it was the intention of the petitioner to erect a gasoline service station at the location and that he was unaware of the source of the information that it was also intended to erect a drive-in hamburger stand on part of the property. October 3, 1981 3"51 A large number of objectors were present, residents of Prospect Heights, represented by an attorney. Petitioner decided to withdraw his petition at this time to better prepare the boundaries of the property for possible annexation and resoning and said that his petition would be presented at some time in the future. Eugene F. Martin, Chairman G. E. Jacobsmeyer, Acting Sec'y This matter will be held in Judiciary Committee for the time being. Trustee Ekren read the following report re Zoning Case 61-30: Zoning Case R E P O R T 61-30 October 2, 1961 Parking - To: Board of Trustees Jewel Tea Co. Re: CASE 61-30, Heard Sept. 29, 1961 Charles L. $chrager Company The petition is for a rezoning (B-3 to P-l) for parking of part of the newly rezoned Jewel Tea property at Central Road along the east side of Elmhurst Road. There were no objectors present. The Board of Appeals voted 6-0 to approve of the proposed rezoning. Eugene F. Martin, Chairman G. E. Jacobsmeyer, Acting Sec'y Trustee Ekren, seconded by Trustee Phillips, moved that the Village Board concur with the recommendation of the Board of Appeals in Case 6I-B0 to allow this request and that the Village Attorney prepare the necessary documents. Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. Trustee Gaw of the Street Committee stated thA~ this Committee had met with Nels Johnson, tree expert, regarding the tree program of Trees spraying and trimming for the Village; that only 80 trees were removed this season as against 120 last season, and that our percentage of tree~ loss from disease is only 1%. Mr. Appleby remarked that the people of the Village had given fine co-operation in this tree program and that was what helped to keep the loss so low. Trustee Gaw, seconded by Trustee Casterline, moved that the Village continue the present tree trimming and spraying program for the coming season. Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motinn carried. Trustee Gaw, seconded by Trustee Bruhl, moved for the passage of Res. 24-61: Res. 24-61 MFT 17-CS & A RESOLUTION OF INTENT TO IMPROVE CERTAIN S.A. #62 STREETS UNDER MFT lYCS and S.A. #62 Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. October 3, 1961 Ord. #795 Trustee Bickley, seconded by Trustee Bruhl, moved for the Traffic passage of Ord. #795: ~AN ORDINANCE RESTRICTING PARKING FROM THE SOUTH SIDE OF LONNQUIST BOULEVARD FROM CANDOTA TO WAPELLA DURING SCHOOL HOURS. This refers to Sunset School. Upon roll call: ~ Ayres: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. c6~n~ Mr. Eugene Martin, Chairman of the Zoning Board, attended Zoning the County Zoning hearing on behalf of the Village and 'reported as fo 11 ows: Dockets 253-254: Arrow Petroleum Co. LocA%ions of one acre each in Elk Grov& TOWnship, at Oakton St. & Short Terrace, and Elm.burst Road north of Oakton St; desires gas station and medical building. Advised ne objection as these locations were too far from the Village. Dockets 236, 2S7 and 238: Ail locations in Elk Grove Township, #2B6 on west side of Busse Road 200 ft. south of Algonqui~ Road; #237, 10.6 acres located 200 ft. 'west of and parallel with Busse Rd. and 200 ft. southwesterly and parallel with Algonquin Road; #238, 4 acres located on the southwest corner of Algonquin and Busse Rds. These requests were for dense residential zoning, including 4-story apartment with business. Chicago, Arlington Heights and Des Plaines had all lodged objections, as well as the school, who objected because of lack of bonding power to provide more schcols~ Trustee Ekren, seconded by Trustee Phillips, moved that the Village Attorney file objection on behalf of the Village to County Zcning Cases Nos. 2B6, 237 and 2SS on the grounds of height of building in approach area to O'Rare Field, drainage into Weller Creek, and population density. Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Caster!ine Phillips Motion carried. Res. 25-~1 President Schlaver addressed the audience,telling them of In Memoriam the sudden death of Harry Miller, Superintendent of Streets, and Harry Miller asked everyone to rise while he head the following resolution, Resolution No. 25-~1: A RESOLUTION IN MEMORIAM OF HARRY M~LLER GIVING SYMPATHY TO HIS WIFE AND FAMILY Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Cast erline Phillips Motion carried. Colonial Hts. Sub TruStee Ekren, seconded by Trustee Casterline, moved that Bolger's Resub plats of subdivision of Colonial Heights and Bolger's Resub. be submitted to the Plan Commission. This motion carried by acclamation. ~anager's Report Manager Appleby gave report, stating that the "No Parking" Traffic signs had been installed on North Main Street (as per Ord. #?65, June 5th); insurance that the insurance committee was meeting to draft requirements for insurance bids; streets that the pavement on Owen Street at Northwest Highway has caved in and will be inspected in company with the Sanitary District on October 4th; · ' that amplifier has been ordered for the mee~eting room; that building addition should be completed within B weeks; hat as Civil Defense Director he met with the Citizens Committee on Civil Civil Defense and received printed material regarding fall-out shelters, Defense etc., to be distributed to all homeowners - - - the village must be re-accredited with the federal government once more to be eligible to receive surplus defense material. Discussion was held regarding the Caltagirone Zoning Case 61-25. Mr. Caltagirone proposed removing just BO inches from the corner of Zoning Case the enclosed patio to allow space to paint, which is at the narrowest 61-25 place. Mr. Martin, Chairman of the Zoning Board, stated that he did Caltagirone not think that a violator should be bargained with; that if the Board wished to approve Mr. Caltagirone' s BO-inch space it would amount to a variation and should go for another hearing. Trustee Casterline, seconded by Trustee Gaw, moved that the Village Attorney be directed to delay an~ proceedings until the petitioner has had time to ask for a re-hearing. Trustee Phillips, seconded by Trustee Ekren, moved that this motion be tabled in order to set a specified date for a re-hearing. Upon further discussion, Trustee Phillips and Trustee Ekren withdrew their ~abling motion, and Trustees Cas~rline and Gaw withdrew their first motion. Trustee Casterline then re-stated his motion, which was seconded by Trustee Bickley: That the Village Attorney be instructed to delay pro- ceedings against Mr. Caltagirone'until November 15th and that Mr. Caltagirone re-petition the Zoning Board for a re-hearing for sa~ BO-inch variation, hearing fee to be omitted. Upon roll Call: Ayes: Bickley Ekren Bruhl Gaw Castertins Phillips Motion carried. Trustee Phillips reported that dog's on school playing f~&lds Police Dept. were considered a health menace, that boys had contracted boils which Dogs on were thought to come from playing fields so used by dogs, and sugges- Schoolgrounds ted that if the school would post signs "No Dogs Allowed" our Police Department would attempt to enforce them. The Village has been notified that Shoppers World is in the Prospect Meadows Sewer District; the attorney for this district has Sewers- agreed to the issuance of a building permit but to the best of our Shoppers knowledge they have not authorized the application to the Metropolitan World Sanitary District of Greater Chicago. Trustee Ekren, seconded by Trustee Phillips, moved that the Village Manager be instructed to sign the application to the Metropolitan Sanitary District on behalf of the Village. Upon roll call: Ayes: Bickley Ekren Bruhl Gaw Casterline Phillips Motion carried. The Beard also stated that the Village Manager should inform the Shoppers World people (Rand & Elmhurst) that they must submit engineers' drawings showing the specified number of fire hydrants and their exact locations, and the exact size and location of water supply, said work to be done under the supervision and inspection of the Village Engineers. President Schlaver gave the President' s Reprint, repreduced on the following page, P. 354. The meeting was adjourned a~ 11:55 P.M. Respectfully submitted, Ruth C, Wilson, Clerk October B, 1961 54 PRESIDENT'S REPORT First, let me express my appreciation to Trustee Ekren for his services in presiding at two village meetings during my absence. The problems confronting him I understand were trying and he deserves commendation for a good job. At the same time I want to thank the members of this board and Village personnel for diligent efforts in the weeks past to net only handle current problems but to develop worthwhile planning in respect to garbage collection, subdivision control and~possible annexations, building codes, police administration and solving of worrisome drainage situations. There have been mmny committee meetin~an~ sessions by appointed citizen groups. This all adds up to a determination by this administration to do the best job possible, not only for today, but for tomorrow. We have returned but a short time age from a visit associated with sadness, paying our respects as a municipal group at the bier of a devoted public servant, Harry Miller. As street superintendent Harry faithfully performed his duties in good weather and foul. He worked past his appointed hours on call tothe citizens of his village. I know that members of this board Join ~ith me in an expres~nn of sympathy to his bereaved family. In respect to the memory of this village emplo~vee I hereby ask that the municipal offices be closed Thursday afternoon, thus allowing attendance of his fellow workers at the funeral. It will be a happy day in this village Saturday when the ground-breaking ceremonies are held for the Public Library addition. I am pleased to convey to members of the board an invitation from the library trustees for them to be present at II:BO Saturday forenoon for the cerements. Favorable bids have been received for the building of this community structure and there will be full speed ahead in this construction. If any unpleasantries have developed through possible misunderstandings regarding any delay in building, let me say that these have been ironed out. I have the highest regard for both the library board and the citizens' civil defense committee, and I ~m certain that any tempest arising was not premeditated and came through honest efforts' and enthusiasm over projects near and ~ar te both parties. I hope that there will be no further unpleasantries on this subj oct. I have proclaimed this Business and Professional Women's ;~eek. It is a pleasure to recognize the efforts of the MOunt Prospect women to gain recognition for the worthwhile projects of their organization. Likewise it is my pleasure to recognize the devoted work and unselfish efforts of those connected with the United Fund campaign now going on in this Village, out cf which proceeds the good work of many civic organizations. C. O. Schlaver, President October 3, 1961