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HomeMy WebLinkAbout06/06/1961 VB minutes 251 MINUTES OF REGULAR MEETINGGF PRESIDENT AND BOARD OF TRUSTEES HELD ON TUESDAY, J~NE 6, 1961 President Schlaver called the meeting to order at 8:20 P.M. roll call The following trustees were present: Bruhl, Casterltne, Ekren, Gaw, EhdoPhittips. Trustee Bickley absent; came in later. Trustee Casterline, seconded by Trustee Ekren, moved to approve the minutes of May 23rd as amended. The President put the question, minutes the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Bickley absent. Whereupon the President declared the motion carried. Trustee Bruhl, seconded by Trustee Casterline, moved for approval of the bills for the period from May 23rd to June 6th as follows: 'bills General $23,929.29 LO Garbage 5,888.45 ~0 Parking System 0 Revenue 928.90 .~ Library 888.73 ~Z~ Municipal Bldg. Constr. 1961 24,927.90 Water 9t142o01 $65,705.28 The Presiden~ put the question, the Clerk called the roll, with the following response: .Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Trustee Casterline gave Building Committee report as follows: "The adoption of the National Building Code by reference Building Code in the fall of 1960 superseded sections of our 1957 Building Code pertaining to commercial buildings. Since copies of the Mount Prospect Building Code must be made available te builders and other citizens, the upgraded code should be reprinted. It would be confusing and expensive to reprint the portions ef the code which were superseded by the National Building Code. It is therefore recommended that the Mount Prospect Building Code, with superseded sections deleted, be re-enacted as the Mount Prospect Building Code of 1961." Trustee Casterline, seconded by Trustee Bruhl, thereupon moved as follows: That the Village Manager be authorized to obtain competitive bids and enter into a printing contract for the printing of the revised Building Code, the total cost to be no more than $1,600. Trustee Casterline then added, "It is intended that this book be in loose-leaf form". The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Trustee Bruhl, seconded by Trustee Casterline, moved for adoption of Resolution #14-61: Re~. 14-~! Abate S.A. A RESOLUTION TO ABATE CERTAIN INSTALLMENTS ON Warrants SPECIAL ASSESSMENT WARRANT NOS. 1, 2 and 15 The President put the question, the Clerk called the roll, with the following response: Trustees Br~hl~ Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. June 6, 1961 Trustee Bruhl, seconded by Trustee Ekren, moved for passage of Ord. #?64: Ord. ?64 Payment of AN ORDINANCE WITH REFERENCE TO PAYMENT OF SPECIAL S.A.Bends ASSESSMENT BONDS & VOUCHERS ISSUED TO ANTICIPATE S.A. 59 COLLECTION OF MT. PROSPECT SPECIAL ASSESSMENT #59, County Court of Cook County The Presiden~ put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and -- Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Achievement Trustee Bruhl made reference to letter from Mrs. Esmond of Association Achievement Asscciatiom in which it was pointed out that it is now too late for spring planting and plans are being made for early fall, asking that Village fill in low area near bus shelter before grass is s owe d. Di Mucci Trustee Ekren, seconded by Trustee Bruhl, moved that the Board case approve the filing for re,hearing of Case ~6151, Supreme Court of 36151 Illinois, Pioneer Trust & Savings Bank (Sal Di Mucci). The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Whereupon the President declared the motion carried. Trustee Ekren, seconded by Trustee Phillips, moved for the passage of Ord. 765 as follows: ~Ord. ?65 .No parking on AN ORDINANCE PROHIBITING PARKING ON MAIN ST. (RTE. 83) North Main St BETWEEN CENTRAL RD. & FOUNDRY RD., SUPPT.F. MENTING PRO- VISIONS CONTAINED IN SEC. 18.501 "No'Parking Places", Article V, Parking Rules, Chap. 18, Traffic, of the MUNICIPAL CODE The President put the question, the'Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Trustee Ekren, seconded by Trustee Casterline, moved for adoption of Res. 15-61: Res. 15-61 Taxes A RESOLUTION REGISTERING OPPOSITION TO ANY INCREASE IN RETAILER'S OCCUPATIONAL TAX BY THE STATE OF ILLINOIS The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren and Phillips. Nays, Trustee Gaw. Absent, Trustee Bickley. Whereupon the President declared the motion carried; Trustee Ekren read letter from group of property owners whose Fences back yards are on Golf Road and whose southern property lines co-incide with the southern border cf Mount ProsPect, requesting permission to ~ erect extension of present neighboring stockade fence 6'10" high to . the corner of Country-Lane in order to s~reen their yards. Trustee Ekren, seconded by Trustee Gaw& moved to grant permission'to property owners at 926, 928, 932, 936, 930 and 934 Tower Drive to erect this fence, upon their securing the.necessary Building Permits. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Castertine, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. June 8, 1961 Trustee Ekren read memo from the Zoning Board of Appeals Zoning Case in regard to Case 61-11 as follows: 61-11 MEMORANDUM May 26, 1961 To: Board of Trustees Re: Zoning Case 61-11 Richard Whiting, Petitioner Bernard Genis, Attorney Case heard May 26, 1961 From: Zoning Beard of Appeals This was a petition to allow the construction of an apartment cf about ?50 square feet in the basement of a 2-story building at 315 West Prospect Avenue. This building is theonly one on the block, with the single exception of a medical building on the west end. The railroad lies directly north. The property is zoned Attorney Genis presented an accountant (not a Certified Public Accountant) as awitness to tesitfy to costs of the property and to the profit and loss for 1960. This witness was called to support that part of the petition claiming e~onomic hardship caused by low income compared to expenses. Cost of the property in 1958 was $45,870.20; income in 1960 was $3,405, and expenses were $3,895. These statements were not certified 6r signed as true and correct. Attorney Genis also presented as a witness a local realtor, who testified that he had tried to sell the property and spoke of the problems of remting the two apartments for a satisfactory (to the owner) income. This witness also testified that it was his opinion that a return of on cost would be afair yield on real estate income property. The Attorney then presented three cases of s~m~lar situations, the decisions of which supported his contention that the Board should approve the petition. The present zoning requires a lot area of 2,400 square feet for each unit. The lot area is 6,B00 square feet. Three units would require ?7200 square feet. The Board therefore decided that this was a variation of 900 square feet or 122!%, and therefore could be decided by the Board. Upon ques~oni~g by the Board regarding the financial statements presented, the following espenses cf operathn for 1960 were disclosed: Repairs - - $ 159.00 Parking lot - ?8.00 Depreciation 969.00 Mortgage interest 1,582.00. Also, one apartment was vacant for three months. The Board felt that the financial statements included some items that should not be included if the petitioner was claiming an e~onomic hardship. Qnesthns to the realtor regarding this point did not satisfy the Board. Attorney Genis' presentation of the legal aspects'was very capably accomplished. Ne pointed out the deficiency in the ordinance as it applied to this case. The Board voted 6-0 to approve the petition based upon the Beard's decision that the ordinance was deficient in this particular case. The Board felt that the economic hardship was self-imposed; that there is a depressed market at this time for large apartments; also that~his is not a zoning problem; that this contemplated small apartment will not materially affect the density, and that there is a demand for living quarters of this size. s/ George E. Jacobsmeyer, Acting Sec'~ E~gene F. Martin, Chairman June 6, 1961 Case 61-~1 Trustee Ekren, seconded by Trustee Phillips~ moved for concurrence of opinion of the Zoning Board of Appeals regarding Case 61-11, Richard Whiting. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Where- upon the President declared the motion carried. Res. 16-61 Trustee Ekren, seconded by Trustee Phillips, moved for Personnel adoption of Res. 16-61 as follows: Police Dept. A RESOLUTION AUTHORIZING NUMBER OF PERSONNEL FOR THE POLICE DEPARTMENT The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Fire & Police Trustee Phillips, seconded by Trustee Ekren, moved that the Commission Police & Fire Commission be directed to hold an examination for firemen. exams Mr. Jim Murray of the Police & Fire Commission arsse, stating that examination was only recently held, from which their first full-time fireman-mechanic was selected; that this list of approved applicants is still in effect. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. It was decided to get clarification from the Village Attorney as to whether new examinations were necessary. E. Thayer St. Trustee Gaw, seconded by Trmst~e Casterline, moved that the paving Village Attorney be asked to contact bonding company for Mr. Serafine re paving of the south Malf of Thayer Street from Louis Street one-half block east, asking that they make good on completion of paving job. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Br~hl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. ~18-0S Trustee Gaw, seconded by Trustee Bruhl, moved that as soon as MFT the contracts for MFT 16CS are approved by the State, the Village Engineers be authorized and directed to negetiate with the con~gactor for pavin~ and sidewalks on the north half and for surfacing the south half of Highland Avenue from Main Street east to Maplecrest Subdivision; and to request the State to approve the addition of this work to the original project and contract. The President put the~ question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. .MFT.18CS Trustee Gaw, seconded by Trustee Casterline, moved that the Paymng over grass islands en WaPella Avenue Just south of Central Road and on Ridge of grass Avenue Jnst north of Central Road be paved as shown on plans for MFT 16CS islands project. The President put the question, the Clerk called the roll~ with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. Trustee Gaw, seconded by Trustee Cas~erline, moved for adoption of Res. 17-61: Res. 17-61 Central Rd. A RESOLUTION WHICH HOLDS HARMLESS THE COUNTY HIGHWAY Widening DEPT. FOR ANY LIABILITY FOR DAMAGES DURING WIDENING OF CENTRAL RD. BETWEEN MAIN ST. AND RAND RD., AND ESTABLISHING GREDES. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Binkley. whereupon the President declared the motion carried. June 6, 1961 255 Trustee ~!~Ai~!~'~, seconded by Trustee Ekren, moved fer~ the Ord. 766 passage cf Ord. #?66: No parking on Central Rd. AN ORDINANCE PROHIBITING PARKING ON CENTRAL RD. WITHIN THE VILLAGE OF MOUNT PROSPECT The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Br~hl, Casterline, Ekren, Gaw and Phillips. ~hereupon the President declared the motion carried. Village Manager Appleby reported that good progress was being WeGo Park made regarding grading, filling and draining of park property in We Go Park. The Board requested Manager Appleby to write to Springfield in regard to pending Rouse Bill 1653 authorizing temporary transfer of House Bill r. Motor Fuel Tax Funds to the General Revenue Fund, stating that the MFT funds Village has ne objection to temporary transfer of these funds, but would object if the transfer became permanent. Trustee Ekren, seconded by Trustee Gaw, moved-to submit Resub, Lot 2, 1st LO proposed plat of resubdivision of Lot 2 of the First Addition to Add'n Pleasant ~ Meehling's Pleasant-Dale Subdivision to the Plan Co~mission for their Dale Sub ~ study amd examination. This motion carried by acclamation. ~ President Schlaver read the following letter of intent to appeal for annexation: Intent for appea for annexation Letter of Intent Brickman /~ June 6, 1961 To: Mount Prospect Board of Trustees Village Hall, Mount Prospect Gentlemen: The undersigned constitute beneficial owners of certain land bounded as follows: Commencing on Elmhurst St. at a pt. BOO ft. N of Foundry Rd; then ~4 ft. W of Elmhurst St.; then N approximately 265 ft. and NE approximately 187 ft. to Rand Rd.; then along Rand Rd. approximately 652 ft.; then NE to Elmhurst St. and Sen Elmburst St. to the place of beginning, consisting of about 9.9 acres. This is a portion of the property subject to a petition for rezo~ing pending before the Cook County Board to which Mount Prospect has enumerated certain objections° Tou have requested that we indicate our consent to annexatien of the above premises to Mount Prospect in the event such rezoning is granted, predicated on a waiver cf your objections to such rezoning, prier to the next meeting of the County Board (zoning by Mt. Prospect con- currently with annexation to be of the same type as presently requested of Cook Connty). Accordingly, we hereby indicate our in~ent to annex to Monnt Prospect, should such objection be withdrawn and zoining be granted by Geck County and thereafter Mount Prospect. Upon grant of zoning as required by Cook County and in the interim prior to annexation, all construction will conform to your building code so that, on annexation, you will have a center as though constructed under your auspices, and we will, on request, consult with your appropriate officials to insure such effect. Please understand that this letter of intent is given you to expedite a rezoning which we conceive to be appropriate under any cir- cumotances, and we reserve all rights to take such steps, or actions as are necessary to procure the same; however, we conceive cur mutual interest ~o be effected by co-operation ~rathern than otherwise. Very truly yours, s/ Mark Schissler s/ Frank Fink The above letter was assigned te the Judiciary Cemmittee. June 6, 1961 256 Youth Commission President Schlaver stated that he was referrin~ the matter of setting up proposed Youth Commission to Trustee Phillips. Appropriation President Schlaver referred appropriation and levy ordin- ordinance ances to the Finance Committee. Street President Schlaver referred the matter of dust in alley Committee north of East Northwest Highway to the Street Committee and the Village Manager. President Schlaver read the following letter of appointment to the Zoning Board: Appointment of Dan Congreve to June 6, 1961 Zoning Board Honorable Board of Trustees Village of Mount Prospect Gentleman: A vacancy currently exists on the Mount Prospect Zoning Board of Appeals, the term of Robert T. Leekley having expired on May 15th. It is my understanding that Mr. Leekley after four years of faithful service wishes to resign. Therefore, it is my pleasure to appoint Daniel Congreve, 212 Mac Arthur Drive, to this honorable body. The concurrence of the trustees in this appointment is respectfully requested. s/ Clarence O. Schlaver, President Trustee Ekren, seconded by Trustee Phillips, moved that the Board concur in the President's appointment of Mr. Daniel Congreve, 212 Mac- Arthur Drive, to the Zoning Board of Appeals. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Gas~erline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. President Schlaver read letter from Barrington Truckim~ Company regarding comtract: Barrington Trucking Co. May 24, 1961 Clarence O. Schlaver, President Village of Mount Prospect Mount Prospect, Illinois Dear President Schlaver: During our conversation the other day you askedfor infor- mation regarding other types of garbage removal service and their approximate cost. The once-a-week curb pickup, with a 2-can limit that we are presently rendering the Village, is the most generally accepted basic service. From this you can add many other additional services. One type might be to increase the limit to three cans per pick-up. Another might be to take two cans of garbage and any grass clippings the people set out. At one time, some years ago, the Village asked us to give a p~ice for grass pick-up. I believe we said we would add this service for an additional charge of twenty cents per month or $2.40 per year per family unit. A few years ago we were favored in receiving the contract wi~h the Village of Palatine. This contract calls for a once-a-~B~k rear door pick-up with two can limit. In addition, those who desire may have an additional pick-up per week. This contract includes an exclusive franchise for all of the commercial and industrial refuse removal services as well. The charges for this commercial service is regulated by Village ordinance. The desirability ef this very fine contract gave us a real incentive to keep the charges for home service to a marginal rate. We are presently receiving $2.05.for the once-a-week service and an additional $1.08 for the second pick-up. There are so many other types of service that may be given that it would be difficult to list them. Howe~er, we have listed above several that the Village of Mount Prospect might wish to consider. June 6, 1961 257 We would bevery happy to meet with your board to discuss other types of service and to negotiate any changes that you might desire. Sincerely, s/ Peter Vanderveld Vice President Trustee Ekren, seconded by Trustee Bruhl, moved that the Prosecutor for members ef the Board meet the following week on Tuesday, June 13th at Village 7:30 P.M. to discuss choice cf Prosecutor for the Village, and that ~'-- Special Meeting of the Board be held at 8:30 for purposes of appointing same. This motion carried by acclamation. Trustee Gaw, seconded by Trustee Casterline, moved that the MFT 16 CS Village Engineers be authorized to retain a testing laboratory to make Testing the tests required for the 19~1 MFT program at an estimated cost ef $1,135, Lab said expense to co~e from MFT funds. The President put the question, the Clerk called the roll, with the following response: Ayes, Trustees Bruhl, Casterline, Ekren, Gaw and Phillips. Absent, Bickley. Whereupon the President declared the motion carried. LO CO President Schlaver referred memos from Thomas Haskett re Connty Zonin~ ~ Docketts 200 and 202, Count~ Zoning hearing, attended by Mr. Haskett at hearing ~f the request ef Attorney Hofert, to study by the Board. Any decision to ~ protest must be made within 15 days. Mr. Lloyd Norris arose and announced that he is Chairman of Lloyd Norr~ the Legislative Committee of the West Central Association and shall attend meetings for this association until an alternate member can be appointed. Mr. Jim Murray of the Police & Fire Commission stated that he Police & Fir~ objected to the wording of the report of Trustee Casterline, formerly Comm. report Chairman of the Police Committee, as printed in the Mount Prospect Herald. Murray - Trustee Casterline replied that he will clarify his r~ort at a later date. Casterlin~ Mr. Daniel Pecyna arcse as representative of the Mount Prospect Liquor lic. Country Club and made plea for restoration of liquor license to that Club. Country CI~ Mr. Charles Payne, newly-elected President of the Park Board, gave personal statement explaining his objections to allowing this license and also informing the Board that condemnation suit by the Park for this property had been filed the same day. Trustee Bickley arrived during the discussion, at 10:B6 P.M. President Schlaver read letters from w~bers of certain Twilight Golf Leagues asking that liquor license be restored to the Club. Trustee Ekren and Trustee Bruhl stated that they felt it was the mandate of the people at the time of the referendum that license not be allowed the Country Club. Mr. Art Sounenburg of 100 North Lancaster arose and indicated that he . thought it only fair that the Club be allowed a liquor license until the suit was settled, as it might go on for quite some time. Mr. Eugene Bradtke of.812 So. Nawata pointed out that the Country Club if allowed a liquor license would be in absolutely no hurry to settle the suit. President Schlaver noted that liquor is present on the grounds even without a license and that if decision is not made seen he will be obliged to look into the enforeemeh~ of the law regarding disbursement of liquor without a license. The meeting was adjourned by acclamation at 11:20 P.M. Respectfully submitted, Ruth Wilson, Clerk June 6, 1961