HomeMy WebLinkAbout05/06/1958 VB minutes MINUTES OF A REGuLAR NEETING OF
THE PRESIDenT AND BOARD OF TRUSTEES
HELD IN THE MUNICIPAL BUILDING,
MOUNT~PROSPECT, ILLINOIS ON
TUESDAY, ~AY 6, 1958.
The meet£~gwas called to order at 8:19 P.M. by President Lams
and the Cler~w~s then. ~ directed to call the roll.
On roll call, the following Trustees answered "Present": Airey,
BrOad, Casterline, Norris, Schlaver and Willer. Absent: None.
All Trustees having previoUsly received copies of the minutes
of the meeting held April 22, 1958, a motion was made by Trustee
Norris and seconded by Trustee Broad that the minutes be approved
as submitted. The President put thequestion and the Clerk called
the roll, with the following response: Ayes: Trustees Airey,
Broad, Casterline, Norris, Schlaverand Willer. Nays: None; where-
upon the President declared the motion carried and said minutes
approved as submitted.
It was moved by Trustee Airey and seconded by Trustee Caster-
line that the List of Bills to be paid as of ~y 6, 1958 be approved
for payment. The President put the question and the Clerk called
the roll, with the following response: Ayes: Trustees Airey, Broad,
Casterline, Norris, SchlaVerand Willer. Nays: None; whereupon the
President declared the motion carried.
The Village Clerk then read the following petition:
PETITION
To Board of Trustees
Village of Mt. Prospect, Illinois
To Board of Appeals
Village of Mt. Prospect, Illinois
We, the undersigned representing twenty percent or more of
the adjacent and abutting property owners as provided for in para-
graph 7~-8 Chapter 24, Cities and Villages Act of the Illinois
Revised Statutes, dohereby object to the application of Meyer
Kushner, Abraham Kushner and the Cosmopolitan NationalBank of
Chicago to rezone the following described property from its present
classification R-2 Duplex to R-5 Apartment:
Lots i through 24 inclusive in Block 5 of Prospect Park
Country Club Subdivision, being a Subdivision of the South-
east one-quarter of Section ll and the South 15 acres of the
East one-half of the Northeast quarter of Section il,
all in Township 41 North, R~nge ll East of the Third
Principal Meridian, Cook County, Illinois.
We, the undersigned do further object to the granting of any
variation whatsoever in the instant case and respectfully direct
the Board of Trustees as well as the Board of Appeals attention to the
legislative Standards for the granting of variations as provided in
paragraph 73-4 (a) Chapter 24, Cities and Villages Act of the
Illinois Revised Statutes:
"In its consideration of the standards of practical difficult-
ies Or particular hardship, the board of appeals shall require
evidence that (1) the property in question cannot yield a reason-
able return if permitted to be used only under the conditions
allowed by the regulations in that z~ne; and (2) the plight of the
owner is due tortOiSe.circumstances, aud (3) the variation, if
granted, will not alter the essential character of the locality.
A variation shall be permitted only if the evidence, in the judg-
ment of the board of appeals, sustains each of the three conditions
enumerated. The corporate authorities may provide general or
specific rules implementing, but not inconsistent with, the rules
MaY 6, 1958
herein provided To govern determinations of the board of
appeals. A decision of the board of appeals shall not be
subject To review, reversal or modification by the corporate
authorities but shall be judicially reviewable under the
provisions of Section 73-6.01."
%~e, the undersigned do further state that they have been
advised by their attorney that the petitioners herein cannot
provide e~td~n~e~ufficient to satisfy the requirements here-
tofore set forth and therefore request the denial of said
application; that the petitioners cannot provide evidence
sufficient to satisfy these requirements, and therefore
reques~ the denial of the application for legal as well as
equitable considerations.
S/ Joseph T. Moran Jr. 405 S. I-Oka - Lot 32
~argaret L. Noran 405 S. Ioka - Lot 32
Norbert A. Pseters- 401 S. Iska - Lot 30
Lorraine E. Pesters - aO1 S. Ioka - Lot 30
Edward J. NcNahon - 411 S. Ioka - Lot 35
Rosemary J. ~cNahon - all S. Ioka - Lot 35
N. R. Kennedy - 413 S. Ioka - Lot 36
Nary E. Kennedy - 413 S. Ioka - Lot 36
Nrs. George Noble - 415 S. Ioka - Lot 37
Nrs. Frank J. Leach - 417 S. Ioka - Lot 38
Dr. John J. Lynch - 419 S. Ioka - Lot 39
B. P. Trapani - 500 S. Elmhurst
President Lams directed that the above read petition be
included in the minutes and placed on file by the Village Clerk.
The Village Clerk then read the following letter:
5-6-58
To the President
& Board of Trustees
Village of Nt. Prospect
Gentlemen:
Yesterday, Nay 5th a pile of rubbish was dumped on the
parkway (between the c~rb and sidewalk) in front of the vacant
lot at 203 S. Wille Street.
Thi~ l&t has never been defaced with rubbish before, and
furthermore there is a "No Dumping" sign on the lot.
On my telephone inquiry a~ the village hall, I was told
that permission had been given a resident at 210 S. Nain to
dump this rubbish, by an employee of the village.
If this is zrue, I would like an explanation.
S/Oscar S. Johnson
220 S. Wille St.
The above read letter was referred to the Village Nanager
for his consideration. '
President Lams then read the following communication:
Nay 6, 1958
The Honorable Nembers of
The Board of Trustees
Village of Nount Prospect
~ount Prospect, Illinois
Gentlemen:
I take grea~ pleasure in reappointing Nr. Frank J.
Biermann 5o the Fire and Police Commission of the Village
of Nount Prospect for a period of three years, ending
Nay 15, 1961.
Your concurrence in this reappoint~ent is respect=
fully requested.
S/ Theodore A. Lams
May ~, 1~58 Village President
It was moved by Trustee Willer and seconded by Trustee
Norri~ that the Board concur wholeheartedly in the reappoint-
ment of Mr. Frank J. Biermann ~o the Fire and Police Commission.
The President put the question and the Clerk called the roll,
with the following response: Ayes: Trustees Airey, Broad,
Casterline, Norris, Schlaver and Willer. Nays: None; whereupon
the President declared the motion carried.
President L~ms then read the following letter:
Nay 6, 1958
The Honorable Members of
The Boardof Trustees
Village of Mount Prospect
Mount Prospect, Illinois
Gentlemen:
As provided by statute, I take gi~eat pleasure in
reappointing Nr. Edward A. Glaeser to the Police Pension
Board for a period of two years, ending Nay 15, 1960;
Your concurrence in this reappointment is respectfully
requested.
S/ Theodore A. Lams
Village President
It was moved by Trustee Casterline and seconded by
Trustee Broad that the Board concur in the reappointment of
N_r. Edward A. Glaeser to the Police Pension Board. The President
pu~ the question and the Clerk called the roll, with the following
response: A ·
yes. Trustees Airey, Broad, Casterline, Norris, Schlaver
and Willer. Nays: None; whereupoh the President declared the motion
carried.
'President Lams then read the following letter:
Nay 6, 1958
The Honorable Members of
The Board of Trustees
Village of Mount Prospect
Mount Prospecz, Illinois
Gentlemen:
Inasmuch as the zerm of I~r. Stuart W. Goodenough as a member
of the Board of Appeals expires on Nay 15, 1958, ] take pleasure
in reappointing Nr. Goodenough to said Board of Appeals for a
period of five years, ending Nay 15, 1963.
Your concurrence ~n this reappointmenz is respectfully
requested.
S/ Theodore A. Lams
Village President.
It was moved by Trustee Willer and seconded by Trustee Norris
that the Board concur in the reappointment of Nr. Goodenough To the
Board of AppeaIs. The President pu= the question and the Clerk called
the roll, with the following response: ~ves: Trustees Airey, Broad,
Casterline, Norris, Schlaver and Will~r. Nays: None: whereupon the
Presiden~ declared the motion carried.
Trustee Broad read proposed Ordinance No. 608. AN ORDINANCE
ANENDING THE BUILDING CODE AND AUTHORIZING THE USE OF PLYWOOD, FIBRE
BO~&RD, AND GYPSUI~ SHEATHING AS A SUBSTITUTE. It was moved by Trustee
B=ead and seconded by Trustee Schlaver that the Ordinance No. 608 be
passed. The President put the question and the Clerk called the
roll~ with the following response: A ·
yes. Trustees Airey, Broad,
Casterline, Norris, Schlaver and Willer. Nays: None; whereupon the
President declared the motion carried and Ordinance No. 608 passed
and approved.
M ay 6, 1958
T~stee Broad read proposed Ordinance No. 609. AN ORDINANCE
~o~ ESTABLISHING A REVISED SCHEDULE O~ BUILDING PE~IT FEES. It was
moved by Trustee Broad and seconded by Trustee Willer that Ord-
~ inance No. 609 be passed. The President put the question and the
Clerk called the roll, with the following response: Ayes:
Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer.
Nays: None; whereupon the Presiden~ declared the motion carried
and Ordinance No. 609 passed and approved.
President Lams then read the following letter:
April 22, 1958
Mayor Theo. A. Lams
~ Harold Appleby
~t. Prospec~ Village Hall
ll2 E. Northwes~ Highway
Mt. Prospect, Illinois
Dear Sir:
On Saturday, April 5th, 1958, the sewer lines on mJ property at
102 N. Waverly, backed up and flooded my basement. On Tuesday,
April 8th, Arnold Septic Serwce of Nt. Prospect came and pumped
out septic tank. Further investigation found there was a stoppage
between septic tank and mazn sewer line.
As ~%rnold does not do excavating work, AAA Sanitary Sewer Con-
struction of Palatine, Ill. was called in. On Friday, April llth,
the area between sidewalk and curb was dug out and several p~pes
were found to be slightly settled and full of mud. These p~pes
were taken ou~ and a rod inserted out ~o main sewer line.
Unfortunately, clear passage ~o main sewer line could not be
obtained. A permit was obtained from the Village Hall to
excavate under the street to main sewer line.
On Saturday, April l~th, excavation was made out ~o main sewer
line, and much ~o everyone's amazement, it was discovered ~hat
the sewer line from s~eptic tank' was no~ connected to main sewer --
line under the street, nor was there any opening in main sewer
line within vicinity. The pipes from curbline out ~o main
line were not cemented ~ogether and the curved pipe which was
supposed ~o be inserted into main sewer line, was jus~ resting
on ~op of main pipe.
U~r. Harry ~iller. Village Inspector, N~r. Leo Delgado, builder of
house, Sg~. Esmond of ~t. Prospect Police Dept. and several of
my neighbors were witnesses ~o this, and can verify the above
facts.
It is my ~uderstanding that the Village of Nt. Prospec~ is
responsible for sewer line from curbline out, and therefore
believe I should be reimbursed for the costs involved, $537.00,
as there definitely was carelessness involved on the par~ of
the people who installed the main sewer line and stubs to
curbline, and also on the par~ of the ~nspector who approved
the installation.
In no way do Lwish ~o imply that the presen~ administration
is responsible for the improper installation, but feel it
should assume the responsibilities of the previous ~dminist-
rations.
I~. Delgado and myself will be present at the nex~ Village Board
meeting~ should any further questions arise. At the same time
I will have ~ith me the bills from Arnold Septic Service and AAA
Sanitary Sewer Service.
Looking forward ~o favorable action on my request by the
Village Board, I remain,
Very truly yours,
S/ Eugene A. Thompson
102 N. Waverly
Nt. Prospect, Ill.
The above read letter was referred ~o the Stree~ Comm-
ittee for study and recommendation.
~ay 6, 1958
President Lams read the following letter:
James C. King, Village Treasurer
Village of Nount Prospect
ll2 East Northwest Highway
Mount Prospect, Illinois
Dear N_r. King:
Reference is made to your letter dated April 29, 1958 regard-
lng the action of the Village Board, as set forth in their minutes
of April 22, 1958, transferring $19,960.00 from the "Water Fund"
to the ~'General Corporate Fund". This is also to acknowledge
receipt of Ordinances Nos. 348, ~00, and a printed ordinance, un-
numbered dated February 8, 1949, and Ordinance No~ 435.
It is my understanding that the action of the Village Board
apparently was predicated on the fact that the $19,960.00 represents
moneys which were collected pursuant to the so-called "hook-on" fee
established by Ordinances Nos. 348 and 400. Our opinion is premised
solely on that interpretation.
Ordinal. ce No. 16~ adopted August 5, 1~33, is the basic water
ordinance. Pursuant to Section XVII of said Ordinance, all moneys
freceived from any source connected with the water system shall be
kept in a separate fund, to be applied as may be decided by the
President and Board of Trustees. Ordinances No. 348 and 400 amended
Ordinance No. 164 by establishing the so-called "hook-on" fee and
designated, pursuant to the authority retained in the President
and Board of Trustees in Section XVII, that the funds shall be paid
into the "General Fund". We are not acquainted with any designation
of "General Fund" insofar as water revenues are concerned and there-
fore. conclude that what was meant by the use of thos words was the
account normally considered to be!~the "General Corporate Account".
Prior to the adoption of Ordinance No. 348 (on April 14, 1951)
the Village, on February 8, 1949, passed a $50,000.00 water revenue
bond ordinance. This ordinance, in effect, is a contract between
the bondholders and the Village. Action of the Village Board would
b9 governed by the contractual relationship established by the said
ordinance. This ordinance establishes a "Water Fund" which requires
sufficient funds to be deposited therein from the operation of the
system in order to pay for the bonds issued thereby. The duties
of the Village established by ssid ordinance cannoz be chenged by
any subsequent ordinance.
The question is whether or not the requirements of Ordinance
No. 348 amount to revenues which ~an be classified as water funds.
It is our opinion that the 1949 ordinance intends to include only
moneys obtained from rates charges for water service as the "Water
Fund". Therefore, as of 1951 the Village had the authority to
designate that the hook-on fees could be paid into the general
corporate fund of the Village. We understand water revenue bonds
were issued in 1953. We have not been furnished with a copy of
that ordinance.
On April 5, 1955 the Village adopted Ordinance No. 4~5, an
ordinance authorizing and providing for the issuance of $470,000.00
water revenue bonds. Section ~ of that ordinance provides that ali
of the revenues from any source whatsoever d~rived from the operatd~
of the water works system shall be set aside as collected and b~
deposited ~n a separate fund. It is our opinion that this language
is broad enough to include the funds collected pursuan~ to Ordinance
No. ~O0 which was in effect as of the date of the passage of
Ordinance No. 435.
Under Sectinn 8 (3) of Ordinance No. 435, surplus funds may
be used for the improvement of the water works system or any other
corporate purpose. The application of this subparagraph in the
instant case would depend upon the status of the accounts.
Based upon the foregoing, it is our opinion that the moneys
collected pursuant ~o Ordinances Nos. 348 and 400 prior to the date
of the actual sale of the bonds (some time in 1955) should properly
have been paid into the general corporate fund. Moneys collected
subsequent ~o the sale of the bonds, pursuant to Ordinance No.
400 (now Sec. 25.110 of the Municipal Code) should be governed by
your recommendation as Village Treasurer as to whether or not there
are surplus funds as defined in Ordinance No. 435.
The foregoing is submitted without the benefit of reviewing the
bond revenue ordinance passed in 1953 which has not beenfurnished
to us. It is possible there is language in that ordinance comparable
to the language in the 1955 ordinance. If so, the duties referred
to in the last paragraph on page 2 hereof ~ould be modified
accordingly.
We are returning herewith the printed ordinance approved
February 8, 1949 and the newspaper copy of Ordinance No. 435.
If there are any further questions, kindly, advise.
Sincerely,
~S/ Robert J. Dov~ing
~r. King stated that he would furnish the Village Attorney
with a copy of Ordinance No. 381. Trustee Willer voiced the
opinion that no action is necessary by the Board at this time
and that no action should betaken until certain points were
clarified.
Trustee Schlaver voiced the opinion that parallel parking
should be abandoned in favor of diagonal parking along Northwest
~v~% Highway between Wille Street and Emerson St. Trustee Casterline
stated that he wad aginst the return to diagonal parking in the
area involved. Mr. Edwin L. Busse and Mr. Edward J. Busse voiced
sentiments from the floor, objecting to the recently installer
parallel parking along Northwest Highway. Nr. Herman Meyn display-
ed receipts to support the statement that Mr. Edwin L. Busse that
property owners along Northwest Highway had donated a strip of
land 16 feet wide to enable Northwest Highway to be widened
sufficiently to provide parking facilities. Trustee Casterline
stated that parallel parking had been established between the
Municipal Building and Emerson Street on the north side of
Northwest Highway as a result of a conference between himself
and the Village ~anager. In answer to an inquiry byMr. Frank
Lynn, Village Attorney Downing voiced the opinion that the
Village Manager possessed the authority to establish the change
in parking nowunder discussion. It was moved by Trustee
Willer and seconded by Trustee Schlaver to return to diagonal
parking on the north side of Northwest Highway between the
Fire station entrance, west to Emerson Street and from Main
Street west to Wille Street. PoliceChief ~hittenberg stated
that the State of Illinois Highway Department had requested
the Village to establish parallel parking between Emerson
Street and Main Street several years ago. Trustee Willer
withdrew his motion and Trustee Schlaver ~ithdrew his second.
It was then moved by Trustee Willer and seconded by Trustee
Schlaver to establish diagonal parking on thenorth side of
Northwest Highway from the Fire Station entrance to Wille
Street. Trustee Casterline recommended that the Village of
.Nount Prospect employ a traffic engineer to determine the
proper type of parking to be established along the Northwest
Highway. The President put the question and ~he Clerk called
the roll, with the following response: Ayes: Trustees Broad,
Schlaver and Willer. Nays: Trustees Airey, Casterline and
Norris. President Lams voted "Nay", after which the President
declared the motion defeated. President Lams therefore referred
the matter to Trustee Casterline's Committee for study and
recommendation.
Trustee Willer then read the following letter:
April 26, 1958
Mr. H. G. Appleby
Village ~anager
ll2 E. Northwest Highway
~4~~j~ ~ ~ount Prospect,~Itlinois
Dear Mr. Appleby:
In making my appraisal of the triangular shaped lots'
lo~ated at the corners of Lincoln Avenue and Main Street and
Lincoln Avenue and Elmhurst Avenue, I have considered the
following factors:
1. Location of the lots
2. size of the lots
May 6, 1958
5. Presen~ zoning
~. Applicable building restrictions
After carefully reviewing these items, I am of the opinion
that the lots in question have a nuisance value only and should
continue To be used as they are at the present time.
Therefore, in my estimation the fair value of each 1ot~is
$25O.O0.
Very truly yours,
S/ George L. Busse.
Trustee Willer then read the following communication:
Box 206
Park Ridge,
Ill.
~ay 5th, 1958
Village of Nt. Prospect
Nount Prospect,
Ill.
Gentlemen:
A change in the zoning classification from residential to B-1
shopping cen~er is hereby requested, in the property legally
described as: Lots 193 to 207 inclusive, in the Southeast quarter
of Section 34, Township ~2 North, Range ll, East of the Third
Principal ~eridian, in Cook county, Illinois
To be identified and known locally as ONE no. Nain St.,
Mt. Prospect.
Very truly yours,
S/ J. A. Bolger, Owner
It was moved by Trustee Willer and seconded by Trustee Norris
that Nm. Bolger's request be referred to the Board of Appeals for
a public hearing and to the Village Clerk for publication. The
President put the question and the vote was taken by acclamation;
whereupon the President declared the motion carried.
Trustee Willer reported that the Judiciary Committee would
make its recommendations on Case 58-2 on Tuesday, Nay 13, 1958.
He further informed the Board that' the Judiciary Committee was
not ready to report on any other zoning case at the present meeting.
~. Jerrold T. Schutt presented a prepared repor~ of the Nount
Prospec~ Police & Fire Commission to the members of the Board of
Trustees. He recommended the purchase of another squad car, the
addition of two patrolmen to the force, and a~ increase in salary
across the board for the Police force. President Lams referred
this mat~er to the Police & Light Committee.
Village ~anager Appleby read the following letter:
Nay 2, 1958
Village Board of Trustees
~ount Prospect, Illinois
RE: Brickmau Nanor Subdivision
Raud & Foundry Roads.
Gentlemen:
We are presently preparing final plans for Brickman Nanor Subdivision
and when they are complete, we will submit them to you for your
review. However, to properly supply the wa~er requirements for this
subdivision, approximately 50,000 gallons per day will be required.
Before the plans can be completed, it is necessary that the source
of this water be determined. Therefore, it is respectively requested
that consideration be given to the Village of Nount Prospect supplying
our contemplated water requirements through a master meter.
The responsibility for maintenance of the meter, mains and other
appurtenances will rest with a water association or company
approved by the State Commerce Commission. This association wiil
also accept financial responsibility for reimbursing the Village
of Mount Prospect for all water supplied.
Your prompt review of this request will be appreciated.
Very truly yours,
BRICK~AN HONE BUILDERS
S/ David S. NcCoy.
! It was moved by Trustee Schlaver and seconded by Ttustee
Willer that the Board advise ~r. Brickman that the Board of
Trustees do not wish to change the policy of not supplying water
to subdivisions outside the Village of Nou~t Prospect. The
President put the question and the Clerk called the roll, with
the following response: Ayes: Trustees Airey, Broad, Casterline,
Norris, Schlaver and Willero Nays: None; whereupon the Pres-
ident declared the motion carried.
Trustee Willer read a proposed ordinance for the first
time. AN ORDINANCE RELATING TO LOCAL CIVIL DEFENSE. It was
moved by Trustee Willer and seconded by Trustee Broad that
the~proposed ordinance be passed. After some discussion on
the matter and after an opinion by the Village Attorney that
the proposed ordinance differed in some respects from a previous
ordinance which hehad considered and which concerned a similar
matter~ it was moved by Trustee Norris and seconded by Trustee
$chlaver that the motion to pass the proposedordinance relating
to Local Civil Defense, be tabled. The President put the
question and the vote was taken by acclamation, whereupon the
President declared the motion carried.
Trustee Norris requested that the Police Committee
consider diagonal parking on Prospect Avenue between Nain
Street and hlmerson Street.
There being no fnrther business to come before the Board,
it was moved by Trustee Broad and seconded by Trustee Norris that
t~e.meeting be adjourned. The President put the question and the
V~te was taken by acclamatinn~ whereupon the President declared
the motion carried and the meeting regularly adjourned atlO:25
William H. Keith
Village Clerk