HomeMy WebLinkAbout04/24/1962 VB minutes MINUTES OF REG~LAR'MEETING OF BOARD OF TRUSTEES
HELD TueSDAY, APRIL 24, 1982
President Schlaver called the meeting to order at 8:20 P.N. roll call
and upon roll call the following members answered Present:
Bickley Bruhl Absent
Ekren Casterline Gaw, Phillips
President $chlaver welcomed five pupils of Lincoln Junior High
School as guests of the even.ing representing Junior High Student Council
Week.
President Schlaver annomneed that the minutes of the meeting of
April l?th would be brought up for approval at the next meeting.
Trustee Bruhl, seconded by Trustee Casterline, moved for approval
of the following bills fo~ the week c~ April 24th:
General - $11,146.95 bills
Garbage - - 83.56
Library - - 677.84
Water operations - 8,939.0B
Water depreciation 1,696.51
Water depreciation 1956-80 8,000.00
Water surplus prior years 10,997.23
SB 9,541.12
Upon ~oll call: Ayes: Bickley Bruhl Ekren Casterline
Absent: Gaw, Phillips.
Motien carried.
Trustee Casterline brought up the question of possible adoption Plumbing
of the Cook County Plumbing Code into the Village Code, and asked that it Code
be referred to the Building Committee. So referred.
Trustee Bruhl explained the Set-up of the budget he had devised,
gave each trustee and department head their sec~bn to fill out, setting budget
date of May 8th for their return. This is for the coming year.
Trustee Ekren re-read the report of the Zonin~ Board of Appeals
with reference to Case 62-1, John Patton, inserted in the minutes of Zoning
April 10th and l?th. Case 62-1
Patton
Trustee Ekren, seconded by Trustee Bickley, moved that the Board of Trustees
concur in the recommendation of the Board of Appeals that this request be
denied.
Upon roll call: Ayes: Bickley Bruhl Ekren Casterline
Absent: Phillips, Gaw
Notion carried.
Trustee Ekren read the following report and memorandum from the
Zoning Board of Appeals re Case 82-~: Zoning Case
62-~ ~
R E P 0 R T Di Mucci
April 24, 1982
To: Board of Trustees
.Re: Zoning Case 82-8, Heard April lB, 1~2
Petitioner: Salvatcre Di Mucci
This petition asked for the rezoning of a piece of property
250' x 555', with the 250-foot portion fronting on South Elmhurst Avenue
and the north portiun of the property 850 ft. south from Golf Road; the
southern boundary is~ the extreme boundary of Mount Prospect and the western
boundary is contingent to B-B property (see 26-S of the Zoning Map).
April 24, 1962
94
Petitioner asks flor a rezoning of the property from B-1 to B-B,
which will in effect give him a piece of property 250' x 806'
zoned B-gte be used for the erection of a building containing
9§,500 sq. ft. intended for a bowling establishment, with the
eastern portion of the property used for parking. The remaining
portion of the property now zoned B-B and not used for t~is development
(250' x 200') is to be rezoned to
The petitioner stated that he will mot use more than 25%
of the total property (250' x 805') described above for building
purposes, or 50,283.50 sq. ft. leaving the balance of 150,850.50 sq.ft.
for parking.
There were no objectors present.
The Zoning Board of Appeals voted 6-0 to approve of the
rezoning as outlined above, subject to the following conditions:
(1) Rezuning of the 200' x 250' parcel of property
outlined above from B-3 to B-i,
(2) Receipt by C~airman of the Zoning Board of Appeals
of a Legal Opi~iun fr~m the Village Attorney
stating that there ha~ been recorded in the title
of the ~bove p~opert2 of 250' x 805' an executed
agreement between the petitioner and the Village of
Mount Prospect that no more than 25% of the total
area of the parcel can be used for building or
buildings and that the remaining 75% of the parcel
(which shall be the eastern portion of the ~poperty)
be used solely for the purpose of parking for
passenger automobiles,
E. F. Martin, Chairman
Geo. Jacobsmeyer, Acting Sec'y
MEMORA ~.B ~M
~April 24, 1962
Tot Board of Trustees
Re: Zoning Case 62-6, Heard April 23, 1962
Petitioner: Sal Bi I~ucci
The reason for petitioner's request is his desire to place a
b~ling alley and parking space in an easterly-westerly direction
rather than north and south, prompted by the. desire of his tenant.
The Zoning Board of Appeals realizes that the petitioner is receiving
201,194 sq. ft. of B-3 property, but petitioner stated in the hearing
that he was perfectly agreeable to relinquishing some of. the B-3
property that had been previously rezoned and also that he was agreeable
to using no more than 25% of the parcel in question for buildin~
purposes. He further agreed that the building or buildings would be
erected on the western portion of the property. This would mean quite
naturally that the portion adjoining Elmhurst Avenue would be used
for parking space, and would seem to be a more desirable feature when
one considers the volume of traffic on Elmhurst Avenue.
Our report en this case gives, in our opinion, a detailed
explanation of the preperty in question, and 'we feel that it is not
necessary in this memo to repeat the details of the square footage of
the property.
As you might recall, this parcel of property is part of a
land area recently annexed to our Village, and at that time this
property was zoned to B-I, B-2 and
Taking all of these factors into consideration has promoted
the Zoning Board of Appeals to approve the petitioner's request, but
we mast emphasize that our approval is contingent upon the rezoning
of that certain portion of property from B-9 to B-I, and also that the
April 24, 1962
C6fi~inued
recording of the agreement between the petitioner and the Village Zoning
restricting the amount of property to be used for building; also that Case 62-6
the easternmost portion of the parcel be used solely for the purpose Di Mucci
of parking space for passenger automobiles.
Therefore it mast be understood that this is not to be considered
as an approval of petitioner's request at this time, but that petitioner's
request will be approved when Items (1) and (2) as outlined in the report
become actualities.
E. F. ~ar~in, Chairmen
Gee. E. Jacebsmeyer~ Acting Sec,y
Trustee Ekren, seconded by Trustee Bickley, m~ved that the Board
of Trustees concur with the recommendation of the Zonirg Board of Appeals
regarding resorting of property in Case 62-6, subject te the conditions as
set ferth by the Zoning Board of Appeals.
Upen roll call: Ayes: Bickley Ekren Bruhl Casterline
Absent: Caw Phillips
Motion carried.
Trustee Ekren then read statement and agreement signed by Salvatere Di Mucci,
reproduced below:
President and Board of Trustees
Village of Mount Prospect, Illinois
Gentlemen:
I hereby request permission to install public improvements to serve
property at the southwest corner of Highways 58 and 83, in accordance
with specifications and plans prepared by Fletcher & Associates, Registered
Municipal Engineers, the same to be done without expense to the Village of
~"~ Mennt Prospect. A statement by Fletcher & Associates, Registered Municipal
~ Engineers, bearing their seal, certifies that the improvements made will
! · comply with regulations of the Village of Mount Prespect.
I agree that when said imProvements are completed and accepted by the
Village of Mount Prespect they shall become the preperty of the' Village
at no cost to the Village.
As soon as the water mains are laid on my property, I will grant an
easement for the maintenance and repair of said water main five (5) feet
each way from the center line thereof, it being understood thatit is
impractical to provide this easement at this time because of variations
that may occur in the actual construction thereof. It is understood that
all the proposed improvements are to be installed under the engineering
inspection of Fletcher & Associates and that the cost of such inspection
shall be paid by Di Mucci Construction Company.
Prior te the beginning of construction I agree to establish with the
Village cf Meunt Prospect an escrow fund for the payment of said improvements,
said e~crow to be in the amount of the engineer's estimate or a bona-fide
copy of the contract, whichever is the larger. At the Village's request
I have dedicated property on Golf Road for municipal purposes. The water
hook-on fee of Twenty-five Dollars ($25) per meter is submitted herewith.
The public improvement fee (one percent, 1%, of the Village Engineer's
estimate of the construction costs) is submitted herewith.
Upon approval of this request and the plans for said improvement and prior
to the beginning of construction, I agree to furnish the Village of Mount
Prospect a hold harmless bond ~acceptable to the Village Attorney protectin~
the Village from damage by reason of the~.proPosed construction as required
by Ordinance.
Yours very truly,
s/ Salvatore Di Mucoi
April 24, 1962
Trustee .Ekren, seconded by TrUStee Bickley, moved that
the Board concur with the recommendation of the Judiciary Comittee
that the above' agreement S~gned by Salvatore Di Mucci be approved
by the Village.
Upon roll Call: Ayes: Bickley, ~kren, Bruhl, Casterline
Absent: Caw, Phillips
Motion carried.
Mr. Sa!ratere Di. Muc~i arose" and thanked the Hunorable BOard for
their acceptanCe and appr0vaI of this rezunin~, and their acceptance
of this agreement;
Trustee Ekren, seconded by Trustee Bickley, mOved for the
passage of Ord. #823 as fellows:
Ord. 823
Liquor AN ORDINANCE AMENDING CHAP. 13~ of Municipal Cede by
AMENDING Sec. 13.107, N~MBER OF LIQUOR LICENSES
This raises the nmmber of Class B liquor licenses by one ~o allow
issuance to the Thunderbird Bowl on East Rand Road.
Upon roll call: Ayes: Bickley Ekren Casterline
President Schlaver
Nays: Br~hl
Absent: Caw, PhilliPs
Motion carried.
Superior Court Trustee Ekren reported that Oourt Case 61-S-12201 recently
Case heard by Judge Donald S. McKinley in the S~pericr Court was won by
61-S-12201 the Village, and read the findings and' order of said Judge aloud.
McINTOSH et al
vs STATE. OF ILLINOIS )
Village ) SS
COUNTY OF COOK ) IN THE SUPERIOR COURT OF COOK COUNTY, ILLINOIS
Arthur T. McINTOSR & Co., an Illinois' CorpOratiOn,~
GEORGE L. BNSSE & CO., an Illinois cerpcratiun )
GERTRNDE M~ BEP~CHET and THERESA M. PRITEH~RD, )
Plaintiffs, ) No. 61 S 12201
VILLAGE OF MOUNT PROSPECT, a body politic, ) At Law
and corporA%e, Defendant )
ORDER
This cause having come on to be heard upon the complaint for
declaratory Judgment, the supplemental complaint for declaratory
Judgment and the answer thereto, and the Court having heard extensive
evidence and oral argument relating to the issues raised therein
DOES FIND:
1. That the C~urt has Jurisdiction ever the parties hereto.
and the ~subJect matter hereof.
2. That the plaintiffs herein are in fact the record title
holders of property legally described as follows:
Lots 15 through 2I, beth .inclusive, .in H. Roy Berry
Ocmpany, s Northwest Neishts, being a Subdivision of
all that land lying North of the Chicago and North-
western Railroad, in the Northwest ~uarter of the .
SoUtheast quarter of Sec~tion 3B, Township 42 North,
Range ll East of the Third PrinciPal Meridian,
Cook County, illinois, .
said property being located ~ithin the village limits of the Village
of Mount Prospect.
B. That the property described above was lawfully and validly
sorted in the B-2 District by the village of Mount PrOspect under its
zoning ordinances.
April 24, 1982
4. That the zoning srdinances of Mount Prospect prevent the
plaintiffs from using their property as proposed, namely for a gasoline
filling station on Lets 19, 20 and 21 as described above and donvenience
type retail stores on the balance 'of the property described above.
5. That the zoning ordinances of the Village of Mount Prospect as
they affect the subject property and as they restrict and prevent the
usage ef the property as proposed by the plaintiffs are reasonable and
valid exercises ef the police power.
6. That the property described above is suitable for the uses
permitted under the B-2 classification of the zoning ordinances of the
Village of Mount Prospect.
7. That the property in question was purchased by the lplaintiffs
while the same was zoned R-1 single family resident district and that the
plaintiffs paid price commensurate with the said zoning and that the value
ef the property for single family residence is less than the value of the
property for the uses permitted in the B-2 district.
8. That the zoning ordinances of the village .of Mount Prospect as
they affect the subject property do bear a reasonable relationship and
do preserve public health, comfort, morals, safety and general welfare
and that the same do not take plaintiff~, property without just compen-
sation or due process of law.
9. That all issues raised by the pleadings and the proof submitted
herein are found and resolved to be in/'favor of the defendant Village of
Mount Prospect and against the plaintiffs.
IT IS THEPJ~ORE ORDERED:
That the complaint and supplement thereto requestin~ a declaratory
Judgment order in favor' of the plaintiffs and finding the ordinances of
the Village of Mount Prospect to be invalid and void be amd the same are
hereby dismissed with prejudice and that the plaintiffs pay all costs of
this proceeding.
Enter Donald S. McKinley, Judge
Dated April 24, 1962
Trustee Ekren, seconded by Trustee Bickley, moved that the sum Water -
cf $7,696.51 be paid from Water Fund Depreciation and Contingencies Payment for
Account for part,payment of J. P. Miller Artesian Well Co. invoice rehab, of
#10783 fer rehabilitation of Well ~.5. Well #5
Upon roll call: Ayes: Bickley Ekren Bruhl Casterline
Motion carried.
Trustee Ekren, seconded by Trustee Bickley, moved that the sum of
$10,997.23 be paid from Water Fund Surplus - Prior Years account for part
payment of J. P. Miller Artesian Well Co. Invoice #10783 for rehabilitation
of Well #5.
Upon roll call: Ayes: Bickley Ekren Bruhl Casterline
Motion carried.
Mr. David Creamer, Water Department Superintendent, arose and reported that
Well #5 was put back into service as of this date.
Further, it is noted that this is Estimate #9 and is the final invoice with
the exception of a few miner items. Total cost for the complete rehabilitation
was $47,319.78.
April 24, 1962
498
Firemen's Trustee Ekren, seconded by Trustee Bickley, moved that
Pension the :Village Treasurer be directed to release all funds of the
Fund Firemen's Pension Fund which are now on deposit at the Mount ProspeCt
State Bank to the Trustees of the Firemen's Pension Fund in accordance
with Illinois Statutes, Chap. 24, Sec. 918 and 920.
Upon roll call: Ayes: Bickley Ekren
Brohl Casterline
Motion carried.
Well #6 Trustee Ekren, seconded by TrUstee Bickley, moved that
Payments Wil-Freds, Inc. be paid partial payment ~4 on Contract #B for
Well 6 in the amount of $8,472.19 as reco~mende~ by Consoer, Townsend
& Associates; $B,676.92 to come from the Water Construction Fund and
$4,?95.2? from Water S~rplus i~unds of Prior years.
Upon roll call: Ayes: Bickle¥ Ekre'n Casterline Bruhl
Motion carried.
Trustee Ekren, seconded by Trustee Bickley, moved that bill
of Consoer, Townsend & Associates dated April 5, 19~2 for General
Supervision of Water Supply Improvements, Well ~5, Contract
equipment, to March BI, 1962 in the amount of $B5.41 be approved Sr
payment from Water Surplus Funds of prior years.
Upon roll call: Ayes: Bickley Ekren Casterline Br~hl
Motion carried.
Louis Munao's Trustee Ekren, seconded by Trustee Casterline, moved that
1st Sub. the improvements in Louis Munao's First Subdivision be approved by
approval the Village Board as outlined in letter of April 19, 1962 signed
by William J. cadigan.
Upon roll call: Ayes: Bickley Ekren Casterline Brmhl
Motion carried.
Said letter reproduced as Follows:
April 19, 1962
Dear Mr. Appleby: Re: Louis Munao's 1st Subdivision
C.T.A. No~ 59-51
Final inspection of the sanitary sewer, storm sewer and water mains,
water and sewer services, paving improvements and sidewalk has been
made by our inspector, Mr. William McManamon, together with
Mr. William Voss, Street Superintendent and Mr. Dave Creamer, Water
Superintendent. This inspection was made on December 8, 1961.
Ail of the ~blic improvements described above were found to have
been completed in substantial conformance with the plans and spedi-
fications and we therefore recommend that they be accepted by the
Village of Mt. Prospect.
William J. Cadigan
Trustee Casterline,~ seconded b~ Trustee Bruhl, moved for
Res. 5-82 adoption of Res. 6-82 as ~llews:
Widen Elr~hurst Road
A RESOLUTION RE~TING 'PERMISSION FRQM COOK COUNTY .
TO WIDEN ELMHURST AVENUE ~ETWEEN NORTHWEST HIGHWAY
AND CENTRAL ROAD.
Upon roll call: Ayes: Bickley Ekren Casterline Brmhl
Motion carried.
April 24, 1962
499
Trustee Bruhl asked that the Treasurer's attention be directed insurance
te the fact that it is necessary to inform Nr. Kirchhoff, present insurance
agent, by letter that all existing insurance policies are to be terminated
effective 12:00 Midnight, April BO, 1~62.
Mr. Dan Congreve, 212 Mac Arthur Drive, was a~ked to report his Village
evaluation of the electrical wiring in the Treasurer' s Office. He replied HalI
that the wiring is safe, although there is iow voltage, and recommended wiring
that it be left as is until the office is remodeled.
Trustee Bickley, seconded by Trustee Bruhl, moved that ~scrow sid~Ik
deposit of $225 made by M. Weber in 1956 to insara installation of deposit
sidewalk at 719 We Go Trail next to the Golf Course be returned to him, Weber
as it is doubtful that such sidewalk ought to be installed.
Upon roll call: Ayes: Bickley Bruhl Ekren Cas~rline
Motion carried.
Mr. Appleby read Notice of Public Hearing from the County County Zoning
Zoning Board: Dockets 393 and 395 refer to variation requests on property
adjoining the east edge of the Village between Euclid Avenue and Foundry
Road; Docket B?9 refers to property south in Elk Grove Township asking for
rear yard variations on 31 corner lots. These dockets were referred to the
Judiciary Committee to see if any action needed to be taken.
Mr. Appleby read letter from Mar Don Construction Company dated
April 2B addressed to the Building Inspector as follows: Mar Don
Construct ion
"In Spetember of 1~61 we reglazed 121 Weller Lane, 107 Weller Lane, re
109 Wetler Lane, 111 Weller Lane, 119 Weller Lane, 123 Weller Lane, vandalism
125 Weller Lane, and 1409 Busse Avenue and it cost us $1,053.00. Also
in Narch, 1~62, we had to reglaze llg~Weller Lane, 1409 Busse Avenue,
1406 Busse Avenue and 123 Weller Lane and the cost was $555.00. You
must realize that we did not break these windows but the kids around here
have no respect for property and take BB guns, stones, etc., and break the
windows Just for maliciousness . You cannot blame the kids but you can
blame the parents. I would appreciate it if something could be done about
this.
"Also in 117 Weller Lane the kids used it as a club house and built a
fire in the bathtub and ruined it, and also some of the houses they
ripped the side off of the exterior of the houses?
W. H. Rosenbaum
Mar-Don Construction Co.
Accompanying pictures were included with the letter, one showing where
hole had been dug under fence around Weller Creek allowing children to
slide under and play inside the fence.
~r. Appleby also referred to letter of complaint from residents
who returned from a vacation to find their house littered with ads attached
to the front door, etc. This matter was referred to the Police Committee.
Mr. Appleby read the following letter from the Park District:
Park Distric
April lB, 1962 Paving -
Dear Mr. Appleby: Northwest Pk
The Village Board's decision to pay half the cost of pa~ing
Waterman and Gregory Streets where they join the Northwest Park is appre-
ciated. Your proposal that the engineering be completed this summer so
that bids can be taken this fall or during the winter and the work completed
about mid-June, 1963 is fine.
I hope the Village can find some acceptable manner of permitting
us to make payment of the costs in equal installments in 19~6, 1964 and
1~65, as discussed at the joint meetings of the boards.
Sincerely yours,
Charles W. Payne
April 24, 1962
500
Sidewalk dedication Plat of dedication of a. seven-foot strip along the east
Elmhurst & side of Elmhurst Avenue running north from Central Road 510 feet
~ntral was referred to the Plan Commission.
'MA Attorney Hof_ert reported on court case mentioned on
Court Case Pageq$-herein, #61-S-12201, stating this finding by the c~urt
61-S-12201 confirms the action of the Zoning Board and Village Board in
refusing B-B zoning for strip of land along Northwest H~hway
westerly from Dale Avenue. He explained that the plaintiffs
desired to install gasoline station on the corner,-with small ~.
shops on the remaining lots. Mr. Hofert thanked all departments
for their speedy help and information,~ stating that he appreciated
the backing from the Village people as well as the expert witnesses. ·
Order of the court is on ~ page~$.
President Schlaver proclaimed May First as Law Day in
the Village.
President Schlaver announed that he will participate in
a program over Chicago Station WIND on Monday, April BO, :at 7:BO.P.M.
and shall answer questinns regarding the Village from residents of
the Village, if they phone the Treasurert s Office that day. The
title of his address is going to be, "Mount Prospect's Prospects
for Today and Tomorrow".
Adjournment was by acclamation at 9:5B P.M.
Respectfully submitted,.
Ruth C. Wilson, Clerk
April 24, 1962