HomeMy WebLinkAbout10/28/1958 VB minutes MINUTES OF A REGULAR MEETING OF THE
PRESIDENT AND BOARD OF TRUSTEES HELD
IN THE MUNICIPAL BUILDING, MT. PROSPECT,
ILLINOIS ON TUESDAY, OCTOBER 28, 1958
The meeting was called to order at 8:12 P. M. by President
Lams and the Clerk was then directed to c~11 the roll. On roll csll,
the following trustees answered "Present": Airey, Broad, Norris,
Schlaver, Willer and President Lams. Absent: Trustee Casterline.
All trustees having previously received copies of the minutes
of the meeting held October 21, 1958, Trustee Airey, seconded by Trustee
Norris, moved that the minutes by approved as submitted. The President
put the question and the Clerk called the roll, with the following
response: Ayes: Trustees Airey, Broad, Norris, Schlaver and Willer.
Nays, none. Absent: Trustee Casterline. Whereupon the President
declared the motion carried.
It was moved by Trustee Airey and seconded by Trustee Norris
that the bills for the period ending October 28, 1958 in the total
amount of $3,909.90, which includes General Fund, $1,283.90, Water Fund,
$2,616.25 and Garbage, $8.75, be approved. The President put the
question and the Clerk called the roll, with the following response:
Ayes: Trustees Airey, Broad, Norris, Schlaver and Willer. Nays, none.
Absent: Trustee Casterlin~. Whereupon the President declared the
motion carried and psyment of the bills approved.
Trustee Willer then read the following letter from Robert
Downing, Village Attorney, regarding the annexation of roadways
contiguous to the Village: Annexation
October 28, 1958 of
President and Board of Trustees Roadways
Village of Mt. Prospect
Gentlemen:
It is my understanding that the Village of Mount Prospect,
in the interest of public safety and public welfare, desires to annex
the north half of Foundry Road from the western Village limits to its
intersection with the eastern right-of-way of Rand Road; and to further
annex the east side of Main Street from a point approximately opposite
Moemac Avenue to its intersection with the center line of Foundz~- Road
and to annex all of the right-of-way on Main Street from the latter
point to its intersection with the northern right-of-way line of
Rand. Road.
The authority of the Village to annex that right-of-way is
based on a valid corporate purpose and pursuant to Chapter 24, Sec. ?-8.
This provision in the Illinois statutes has a long historical background
and was amended as late as the 1955 session of the legislature. Although
ce~,tain publicity has been given to recent declarations of a lower court
of Cook County to the effect that the use of this section by certain
v~llages was unjustified, we have not been able to find any court of
competent jurisdiction (Illinois Supreme or Appellate Court) which has
declared this statute unconstitutional. Based upon a valid corporate
purpose, in o-or opinion it is proper for the Village of Mount Prospect
to annex such right-of-way.
Enclosed herewith is a proposed ordinance and Plat of Annexation
to effect the aforesaid annexation. Will you kindly return the
original and six copies certified by the Clerk in order that they may
be recorded.
Sincerely,
S/ Robert J. Downing
October 28, 1958
Dissussion 'A discussion followed in which eadh trustee gave his views
of road on the subject:
annexation Trustee Willer pointed out that such annexation would be wise from the
standpoint of health, safety and morals, inasmuch as Foundry Road runs
in front of the high school, and we would have better police control.
Trustee Broad felt that such annexation is necessary in order to have
the Carson's si~e contiguous, and ~f~estioned if Trustee Willer's reason
is the real reason or if it is just for Carson's annexation. Trustee
Norris concurred in this, and pointed out that a possible lawsuit may be
involved. Trustee Schlaver said his viewpoint is that both shopping
centers should be allowed. Trustee Willer stated that his basic interest
is the welfare of the Village, therefore if there were no legal question
involved he would prefer the Carson's shopping center. However, if there
is any question about the Carson si~e he ~d rather have Serafine's
than none, as the Village can use the tax reveuues. Trustee Willer did
~ not feel the letter from the attorney entirely covered the question, and
wanted also a statement ~lative to the legality of annexing the Carson
site. However, he thought the annexation of the roads should be
considered on its own merits whether any shopping center materializes or
not. President Lams thought the Village should annex the roads regardless
of whether or not the shopping centers are brought in, aS the idea had
merit of its own. Trustee Airey believed it to be a good idea, in view of
the current question of school traffic on Lincoln Street, to keep control
of any street which handles Village school traffic.
iH. V~llely, Mr. Vallely, attorney for Gunnell's Bowling Alley and E1 Rando
atty. for Tavern, stated that if the Board would pass a resolution in which it was
Popp Estate made clear that the Village had no intention of annexing the property he
represented, there would be no opposition from his clients regarding the'
~nnexation of the roads or the Carson property.
Road annex. Trustee Willer, seconded by Trustee Airey, moved for the
ordinance passage of the ordinance annexing the roads, involving the parts of ~
tabled Foundry, Elmhurst and Rand Roads which are contiguous to Mt. Prospect.
After some discussion, Trustee Willer, seconded by Trustee Broad, moved
to table this motion because the plat submitted with the copy of the
ordinance did not show all of the roadway involved, omitting that portion
of Fouudry Road in front of Prospect High School. The President put the
question and the Clerk called the ~oll, with the following response:
Ayes: Trustees Airay, Broad, Norris, Schlaver and Willer. Absent: Trustee
Casterline. Nays, none. Whereupon the Presi dent declared the motion
carried to table passage of road annexation ordLuance.
Trustee Airey left the meSting at this point.
Obstruction Trustee Broad read a proposed ordin~uce regarding an amendment
deposit to the BuildLug Code which would provide that the $100- per lot obstruction
ordinance deposit would not be required of subdividers on newly annexed territory
defeated which has not as yet any streets or sidewalks. Some discussion follow~d,
during which it was suggested that the whole Building Code be rewritten.
Trustee Broad, seconded by Trustee Willer, moved for the adoption of this
~mendment. The President put the question, the Clerk called the roll,
with the following response: Ayes: Trustees Broad, Norris and Willer.
Nays: Trustee Schlaver and President Lams. Absent: Trustees Airey and
Casterlilne. Whereupon President Lams declared the motinn defeated.
Appointment of President Lams stated that he will appoint a Building Code
Bldg. Code Committee. Mr. Serafine arose and asked that a builder b~. allowed to
Committee act as adviser.
'Water Trustee Schlaver gave a report from the Water Committee i~
'Committee which mention was made of the possibility of acquiring another well
or reservoir because of expected pop~lation increase within the next
three years.
Information Discussi°n was~ held in regard to setting up an information
booth & booth and switchboard for ease of channeling phone calls and taking
switchboard care of visitors to the Village Hall. Trustee Willer moved, seconded
by Trustee Broad, that Village Manager Appleby prepare a feasibility
report on this matter to be presented at the next meet~-ug. The President
put the question and the Clerk called the roll, with the following
response: Ayes: Trustees Broad, Norris, Schlaver and ~m~iller. Nays, none.
Absent: Airey and Casterline, ;~hereupon the President declared the
motion carried.
October 28, 1958
President Lams asked Clerk Reynolds to read the following Brickmau's
regarding Brickman~s Randview Highlands: Randview
Highlands
"The Board has previously approved the plans for Randview Highlands
Unit #2 subject to compliance with all Village Ordinsnces, and has
approved the acceptance of the same type of bond for this work as for
a new subdivision instead of a cash escrow.
"Brickman Home Builders have submitted bonds covering the improvements
on Eastwood Avenue and an indefinite area on Foundry Road only. They
have been asked to clarify just what is proposed to be done on Foundry
Road. The reason given for piecemeal development is that part of Unit #2
may be sold to the Park District. On the basis of the original develop-
ment plans, Foundry Road sidewalks to serve high school students were
not included in the sidewalk special assessment.
"If it is the desire of the Board to permit partial development of this
area, it would be appreciated if formal action on the matter could be
taken".
Village Manager Appleby then read the following letter from
Brickman Builders:
~,,~ October 28, 19~8
~ Village of Mt. Prospect
4£ Attn: Mr. Appleby
~ Dear sir: Re: Randview Highlands Subdivision
kTe have forwarded you separately subdivision bonds covering public
improvements for Eastwood Avenue in subject subdivision and some
incidental work on the adjacent portion of Foundry Road. The total
of these bonds is equal to the engineers~ estimate of the work for
this street as set forth in Consoer, Townsend and Associates' letter
dated Deptember 19, 19~8. Bonds covering the work on the remaining
streets in this subdivision will be submitted to you prior to
starting work in any of the remaininE areas of the subdivision.
The specific work covered by the bonds mentioned herein consists of
the construction of a combined sewer system including the connection
with the trunk main in Highland Avenue and the various appurtenances
and w~yes for house service connections; the constructidn of a water
distribution system including necessary water main, connections to
existing main on South side of Highland Avenue, valves, fire hydrants,
and house service lines to the shut-off valves at the buffalo box
location in the parkways; the excavation for sidewalks, curbs and
streets; the construction of PCC curb and gutter and public walk; the
construction of a stone base course, paved with a bituminous surfao.ing
for the street; the construction of a drainage system along Foundry Road.
All work will be in accordance with Consoer, Townsend and Associates'
drawings ~6-1~, Sheets I through ll and the accompanying bound
specifications, as applicable to Eastwood Avenue and the adjacent
portion of Foundry Road for a distance of 16~.~,' to the East and 'gest
of the center line of Eastwood Avenue.
This letter amends our letters of July 10, 19~8 and April lO, 19~8
wherein we have agreed to install the improvements in this subdivision
at our expense. Inasmuch as these b~nds cover only one street in the
subdivision, our agreement in the letters mentioned above should be
construed to cover only that portion of the subdivision in which our
bonds have been accepted at any one time.
We trust this information will allow you to accept the bonds and our
permit fee in the amount of 1% of the engineers' estimate of the cost
of the work. Please deduct the amount of the permit fee, $280.20, £rom
the original permit amount of $1,?17.29 which we forwarded to you as
our Check #~8~. k~e would also appr~eciate the return of the balance of
this per,it amount.
Very truly yours,
BRICKMAN HOYLE BUILD, S, INC.
S/ J. M. Brickman, President October 28, 1958.
Disc~ssi~m followed, in which the Board asked Village
~anager Appteby to find out if the Park District intends to
purchase part of Randview Highlands, mud to get their answer
in ~,~iting. M~. Appleby said he would do his best.
Trustee t,filler, seconded by Trustee Broad, moved for
adjournmenv. The vote was taken bM acclamation, and the meeting
rega~larly adjourned at 10:08 P. M.
Village Cl~rk
October 28, 1958