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HomeMy WebLinkAbout10/21/1958 VB minutes MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES HELD IN THE MUNICIPAL BUILDING, MT. PROSPECT, ON TUESDAY, OCTOBE~ 21, 1958 The meeting was called to order at 8:32 P. M. by President Lams and the Clerk was then directed to call the roll. On roll call, the following trustees answered "Present": Trustees Airey, Broad, Casterline, Norris and Schlaver, and President Lams. Absent, none. ~ ~ All trustees having pre~iously received copies of the minutes of the meeting held October 14, 1958, Trustee Willer moved, seconded by Trustee Norris, that the minutes be approved with the exception of a change regarding the zoning of the Serafine property, which should read "changes the zoning of the Serafine Property frcm R-1 to B-I", instead of "B-3". 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 dedlared the .motion carried. It was moved by Trustee Airey and seconded by Trustee Casterline that the bills for the period ending October 21, 1958, in the total amount of $17,684.01, which includes General Fund, $8,822.24, Water Fund, $6,6OO.4B, Library Fund, $2,0~1.3~ and Parking System Revenue Fund, $200.O0, be approved. The President put the question and the Clerk called the roll, with the following response: ~yes, Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays, none. Whereupon the President declared the motion carried and pw~ment of the bill s approved. President Lams then read the following letter from the Lions Club: October 21, 1958 President Lams & Board of Trustees ~-~ Village of Mt. Prospect Lions Club Crackerj ack Honorable President and Members of the Board: Days Governor Stratton has, by proclamation, established the week of October 2Oth, 1958, as "Aid to the Blind Week" in observance of the work of the Lions Clubs of the State of Illinois for the benefit of the hundreds of people afflicted with blindness. As a part of this State-wide Lions Club activity, the Mount Prospect Lions Club respectfully requests authorization to conduct a solicitation on October 24th and October 25th and to be identified as "Crackerjack Days". This will be a club membership activity and will be conducted primarily in the business district. O~r local club has given thousands of dollars to aid the blind and 60% of the profits of this activity will be divided between the Hadley School for the Blind in Winnetka and the Leader Dog School in Michigan, and the remaining 40% for the club's blind services locally. Your favorable consideration of our request will be appreciated. Yours in Lionism, S/ A1 Hengl, Secretary Trustee Norris, seconded ~y Trustee Broad, moved that "the Village Board grant the Lions Club permission to conduct "Crackerj ack Days" on October 24th and 25th and to conduct solicitation, with the proceeds going to aid the blind. The President put the question and the Clerk ca~ed the roll, with the followiug response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays, none. Whereupon the President declared the motion carried. Octobe~ 21~ 1958 President L~ms then read the following statement to the Board with re~ard to his veto of the Serafine Shopping Center annexation: President Lams explains veto · Tuesday, October 21, 1958 cf Serafine property Honorable Members of the annexation Board of Trustees Village of Mt. Prospect Gentlemen: During the eight years from 1945 to 1953 as a ~Village Trustee~<~ and from 1953 to the present moment -- a period of five and one-half years as Village President, or a total of t3~~ years, I have never been offered an inducement in any manner, shape or form by an ind~-v~dJual or group of individuals. I thank God for that, and be assured that if any such attenpt were made, the public as well as the Trustees would be so informed. Approximately a month ago, a petition for annexation of a tract of land lying north of Rand Road with ~-1 zoning was denied. The Board is to be com~nended for this action. I~ feelings pertaining to annexations north of Rand Road and south of Golf Road are a matter of record and m~ opposition will continue unless developments are proposed which would he in the best interests of the Village of Mount Prospect. Therefore, I do not oppose the ~nnexation of lands on which the proposed major shopping centers would be constructed from the standpoint of additional Assessed V~!uation, Personal Property Tax and Sales Tax income. The tax on real estate is dangerously high and burdensome allof us,' and such operating shopping centers would lighten the present tax load for the residents of Mt. Prospect. All the trustees are cognizant of this fact and are working toward that end. My veto action on Tuesday lost was based on the zoning to R-1 classification in the event that no building permits for shopping center developments as outlined before the Zoning Board of Appeals in public hearings were requested by November l, 1961 in the deeds and covenants running with the land. I earnestly request that you as Trustees for the Village of Mt. Prospect concur with the following recommendations: (1) A provision in the deed and covenants for both major shopping center areas, that in the event a building permit is not applied for regardi~g said major shoppi~g centers on or before November l, 1961, the c~rporate authorities of the Village of Mt. Prospect reserve unto themselves the sole right to take such legal action (as may at that time be permitted by statute) to disannex said property from the Village of Mt. Prospect, and furthermore, (2) If this provisien is not exercised by the said corporate authorities of the Village of Mt. Prospect, the propertu be zoned automatically in the highest residential use district then existing under the Mt. Prospect zoning ordinances. ~-~ I firmly believe that your concurrence with m~ proposals will prove to be in the best interests of the Village of Mt. Prospect. S/ Theodore A. Lams Villoge President of Mt. Prospect October 21, 1958 Trustee Willer then made the motion, seconded by Trustee Norris, to reconsider Proposed Ordinance #632: Annexation of Serafine AN ORDINANCE TO ANNEX TERRITOEY EAST OF RAND Shopping Center AND NORTH OF CENTRAL ROADS, KNOWN AS SERAFINE'S Property SHOPPING CENTER PROPERTY Ord. #632 The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Aire~, Broad, Casterline, Norris, Schlaver and Willero Nays, none. Whereupon the President declared the motion carried. Trustee Airey, secluded by Trustee Schlaver, moved to table Ordinance #632, upon consideration of President Lams' ~ishes. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustee Airey. Nays: Trustees Broad, Casterline, Norris, Schlaver and ~iller. Whereupon the President declared the motion defeated. Trustee ~iller, seconded by Trustee Broad, moved that "Ordi- nance #632 be passed, over-riding the President's veto". The President put the question and the Clerk c~21ed the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schtaver and Wil!er. Nays, none. Whereupon the President declared the motion carried and Ordinance #632 passed, annexing the Serafine property. It was then moved by Trustee Willer and seconded ~y Trustee Norris that Proposed Ordinance No. 633 be ~econsidered by the Board. The~President put the question and the Clerk c~lled the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and '~iller. Nays, none. Whereupon the President declared the motion to reconsider Ordinance #633 carried. Trustee ~diller, secc~ded by Trustee Broad, then made the Zoning following motion regarding Proposed Ordinance #633: Ordinance #633 AN ORDINANCE REG~-~DING THE REZONING Serafine OF THE SERAFINE SHOPPING CENTER Shopping PROPERTY FROM R-1 TO B-1 Center Property "that Proposed Ordinance #633 be passed over the President's veto". The President put the questikn and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and Witler. Nays, none. Whereupon the President declared the motimn carried. Previously, Mr. Allan Bloch, attorney for Sar~fine, had agreed Ser~fine to submit a letter to Village Attorney Dow~ug, stating that Dan Serfine covenant would accept a reversion to the highest residential classification, R-I, as it will exist in November of 1961, in the event that the proposed shopping center has not yet been st~ted at that time. He also agreed to file consent to disannexation in the event that the shopping center does not materialize on or before November 1, 1961. These conditions comply with the proposals as set forth in the President's statement regarding the reasons for the veto. Trustee Willer, seconded by Trustee Castertine, moved that Ord. #636 Proposed Ordinance #636 be passed: Golfhurst AN ORDINANCE ANNEXING GOLFHURST ESTATES (MO~J.ENKAM~) WHICH LIES WEST OF MT. PROSPECT ROAD AND IS BOUND ON THE SOUTH BY GOLF ROAD, Lot 3 in Owners Subdivision of Section 13, Twp. 4~1 N., Range ll, EPM in Cook County. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and ~iller. Nays, none. Whereupon the President declared the motion carried aud Ordinance #636 passed. October 21, 1958 Trustee Casterline gave the September report of the Police Department. Treasurer's Report Trustee Airey moved, seconded by Trustee Norris, that the Sept. 19~8 Treasurer's report for the month of September, 19~8, be approved and placed on file. 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. Traverse City Trustee Schlaver reported the findings of the Water Committee Hydrants in regard to the request of Traverse City Iron Works given at the previous board meeting. ~he Water Committee, composed of Trustees Schlaver, Norris and Willer, finds no record of a motion by the Board establishing Lu~ & Eddy hydrants as the only ones to be accepted by the Vilage in their subdivisions. This action was apparently by direction and not Board action. Because many hydrants of a third make, namely, Traverse City, have already been inst~]]ed in several sreas, and it is already necessary to carry spare parts for them, it is the recommendation of the committee that Ludlow, Eddy, and Traverse City hydrants only be specified by the Village engineers in new installations and be allowed in those now under construction or pending. It is the feeling of the committee that provisions for ' three bidders will result in healthy, competitive bidding. Trustee Schlaver, seconded by Trustee Norris, then moved that "Ludlow, Eddy and Traverse City hydrants only sh~l] be specified by the Village engineers as acceptable for installation in subdivisions within the Village of Mt. Prospect and shall be allowed in those areas now under construction or pending. ', The President put the question and the Clerk called the roll, with the following response: lyes: Trustees Airey, Broad, Casterline, Norris, Sclaver and ~iller. Nays, none. Whereupon the President declared the motinn carried. Trustee Broad, ~econded by Trustee Airey, read Proposed. Ordinance #637: Ord. #637 Gutters AN ORDINANCE AMENDING THE BUILDING CODE BY ADDING PROVISION FOR GUTTERS, DOWNSPOUTS AND SPLASHBLOCKS TO BE ATTACHED TO ALL BUILDINGS Trustee Broad thereupon moved that Ordinance #637 be passed, seconded by Trustee Airey. The President put the question and the Clerk called the roll, with the following result: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and Willer. Nays, none. Wheretpon the President declared the motion cari~ed and Ordinance #637 passedl Sidewalks Mr. Gene Ekstrom spoke from the floor in regard to the sidewalk ordinance, asking if the property owner would have the privilege of escrow setting aside a sum of money in escrow in case he would not be able to install his sidealk within the 40-d~ limitation period. Village Attorney Downing gave as his opinion that money could be put in escrow for that purpose along with a contract (signed) between the property owner and the sidewalk contractor. Mr. Downing also stated that after the 40-day period has elapsed the Board must appoint a Com~aissioner to spread the roll pertaining to the sidew~&~k special assessment. Case 58~ - 14435 It was moved by- Trustee Willer and seconded by Trustee Norris Rover that "the Village Attorney represent the interests of the Village of Mt. Prospect in connection with Case 58-C-14435, Catherine and Howard Rover vs. Chicago & Northwestern Railway and Village of Mt. Prospect, suit for injury to Catherine as a result of a fall on the sidewalk". 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. Whersp~on the President declared the motion cariied. October 21, 1958 Trustee Wilier brought up a proposed ordinance regarding $100.00 an amendment to the b~lding code. This amendment provides that Obstruction the $100-per lot obstruction deposit would ~ot be required of subReposit dividers on newly annexed territory which has not as yet any streets or sidewalks. Trustee Willer brought up Case 58-19, Carson's 80 acres, Carson's 80 stating that no covenant running with the land had been submitted, acres covenant Village Attorney Downing suggested that the same requirements as for the Serafine property be required of Carson's, namely, reversion to R-1 classification in the event that building has not started in three years, and dis-annexation from the Village under the same conditions as agreed to by Mr. Bloch representing the Serafine petitioners. Trustee Willer, seconded by Trustee Casterline, moved that "the Village attorney be directed to require. :of the petitioner a covenant running with the land which sh~ll state (1) that the R-1 Residence classification be that which is in effect as of November, 1961 and (2) that the petitioner agree not to oppose any dis annexation proceedings instituted by the Village Board then in office in November l, 1961't. Upon further discussion this motion and second was withdrawn. Mr. Zartel asked from the floor if the Village would be afforded more protection in respect to this matter by letter or by Covenant __ covenant. Attorney Downing stated that it was his opinion that beth letter CD would give the same protection, although he personally preferred the ~ covenant. Mr. E. W. Saunders, attorney for Carson's thereupon agreed ~ to submit a letter similar to that offered by Mr. Allan Bloch regarding the ~ R-1 classification and disa~uexation of the Serafine property. A discussion was held concerning the contiguity of the Carson property to the Village. Trustee Willer, seconded by Trustee Casterline, moved that 'the Village Attorney be directed to prepare an ordinance Annexation ~oz~exing the north side of Foundry Road at the Western limits of the Roadways Village, to the east line ~f the roadway of Rt. 12 (Rand Rd.) and the ~-~ south side of Foundry Road from the east side of Rt. 12 to the present Village limits (or the center line of Rt. 83)$ further, the snnexatior~ of the road known as Main Street (Rt. 8~) from the north side of the right-e§~way known as Rand Road to the same road now in the corporate ~ limits of the Village, and further, that part of the roadway known as Rt. 8~ from the east side of Foundry Road to the North side of Rand Road (Rt. 12) and to secure an applicable plat of annexation pertaining thereto". The President put the question and the Clerk called the roll, with the following responses: Ayes: Trustees Airey, Casterline, Schlaver and Willer. Nays: Trustees Broad and Norris. ~ereupon the President declared the motion was carried. The subject of Golfhurst Subdivision was again brought up, Golfhurst and Trustee Wille, seconded by Trustee Schlaver, moved that "the Plat of President and Clerk be authorized to sign the Plat of Subdivi sion of Subdivision Golfhurst Estate after it has been signed by the President and Secret~ry of the Plan Commission". The President put~: the question ~ud the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris, Schlaver and ~.~il!er. Nays: None. Whereupon the President declared the motion carried. President Lams then read the following letter: l~er Theodore A. Lams October 20, 1958 ~" Mt. Prospect Village Hnll Dear Sir: Please be advised I represent Vito T. Budris and Shirley Budris, his wife, owners of certain property commonly known as lO North Waverly Budris Street, Mt. Prospect, Illinois. Sewers You no doubt a~e familiar with the facts--that after difficulty with the sewerage system, it was ~ecessary for the owner of the land to incur extensive expense, to wit: $300.00 as of this date, as it developed there was a sewer rise creating a trap and the tiles at the curb were simply butted to the sewer m~in and not sealed. The difficulty, of course, was between the curb and the sewer main and not on the premises owned by my clients. October 21, 1958 Please advise as to what action is being taken by the Village to compensate my clients for the expense advanced by behalf of the Village. Very truly yours, S/ Alice Kolnick This letter was referred to the Clerk for answer DiMucci Elk The subject of p~vment in lieu of land dedication from Di Mucci Ridge Villa re Elk Ridge Villa was brought forth. A discussion was held regarding Laud Dedication acceptance of a check from Mr. D~_ucci because Mr. DiMucci was paying payment the requS_red sum uuder pro~es~. Trustee Willer, seconded by Trustee Broad, move~ that "the President and Clerk be authorized to sign the Plat of Subdivision of Elk Ridge Villa after it has been signed by the President and Secretary of the Plan Commission and in consideration of receipt of $6,750-in lieu of laud dedication for public use". The President puts the question and the Clerk called the roll, with the following response:Ayes: Trustees ?~irey, Broad, Casterline, Norris, Schlaver, and Willer. Nays, none. Whereupon the President declared the motion carried. There being no further business to come before the Board, the meeting was regularly adjourned by acclamation at 11:23 P. M. Respectfully submitted, October 21, 1958