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HomeMy WebLinkAbout11/04/1958 VB minutes MINUTES OF A REGULAR MEETING OF THE PRESID]NT ~ BOARD OF TRUSTEES HELD IN THE MUNICIPAL BUILDING, ~. PROSPECT, ON TUESDAY, NOVemBER 4, 1958 The meeting was called to order at 8:07 P. M. by President Lams and the Clerk was then directed to call the roll. On roll c~11, the following trustees answered "Present": Airey, Broad, Casterline, Norris, Schlaver and President Lams. Absent: Trustee Wilier. All trustees having previously received copies of the minutes of the meeting held October 28, 1958, Trustee ~rey, seconded by Trustee Broad, moved that the minutes be approved as submitted. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris and Schlaver. Nays, none. Absent: Trustee W~ller. Whereupon the President declared the motion carried. It was moved by Trustee Airey and seceded by Trustee Norris that the bills for the period ending October 28, 1958 in the total of $23,677.71, which includes General Fund, $13,782.16, Garbage Fund, $4,739.84, Library, $532.79, Water, $3,514.68 and Parking Revenue, $1,107.70, be approved for ps~rment. The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris and Schlaver. Nays, none. Absent: Trustee Willer. Whereupon the President declared the motion carried. Village Manager Appleby then read the following letter from the Northwest Meadows Association. October 23, 1958 Village Board of Mt. Prospect Mt. Prospect, Illinois United Fund Gentlemen: Drive At a recent meeting of the Northwest Meadows Associa~zion, it was voted upon and approved to form a United Fund. This fund would consist of contributions from all residents of this area and would be dispersed as they requested to the nine national drives listed below. 1. March of Dimes 6. Cancer Fund 2. Boy Scouts 7. Heart Fund 3. Girl Scouts 8. Multiple Sclerosis 4. Campfire Girls 9. Family Service 5. Red Cross Our purpose in forming this United Fund is to stop door to door solicitation in this area. It is our understsnd/ng the approval of the Village Board is necessary before further action can be taken in forming the United Fund. May we please have your disposition in this matter. Yours very truly, S/Leo P. Newhouse, Chairman This matter was referred to the Village Attorney for recommendation. November 4, 1958 Brickmau Village Manager ~ Appleby then read the following letter Randview from Brickman Home Builders: Highlands October 30, 1958 ViLlage Board of Trustees Mt. Prospect, ILlinois Gentlemen: Re: Randview Highlands Resubdivision Attached is a Pl~t of Resubdivision of the following lots: 6 through lO, Block 5 i " lO, Block 6 I " lO, BlocE 8 I " 10, Block 7 These lots with the vacatdd alley that previOUsly existed behind them have been resubdivided into standard size building lots. This type of resubdivision has been practiced along the .entire Foundry Road frontage in the past and for technical reasons posed by your Buid~g Commissioner, we are' requesting this formal resubdivision of .these lots in order that you may issue'the necessary buildiug permits. Very truly yours, S/ David S. McCoy Brickmau Home Builders Trustee Schlaver, sec ~ded by Trustee Broad, moved that "the plat of resubdivision be referred to the Plan Commission for study and recommendation". This motima was carried by acclamation. Village Manager Appleby read the foLlowing letter from Village Attorney Downing: October 29, 1958 Harold G. Appleby Village of Mt. Prospect Maplecrest Dear Harold: Re: Map~le Crest Subdivision- This is to advise you that Ordinance No. 635 with Plat of Annexation attached, Document No. 17360465, and Plat of Subdivision, Document No. 17360466, were recorded in the County Recorder's Office on October 28, 1958. The Deed of Lot 4 in Maple Crest Subdivision to the Village of Mt. Prospect was filed with the County Recorder that date as Document No. 17360467. The Plat of Brickman Manor Subdivision was then released to Mr. McCoy. When Ordinance No. 635 and the Deed are returned to me from the County Recorder, I will forward them to the Village. Sincerely, S/ Robert J. Domzing Case 58-S-16283 Village Manager Appleby produced a summons ona tax foreclosure case, 58-S-16283, and T~-~stee Schlaver, seconded by Trustee Broad, moved that "the Village Attorney be authorized to represent the Village of Mt. Prospect in Case 58-S-16283". The President put the question and the Clerk cslled the roll, ~lth the following response: Ayes: TrUstees Airey, Broad, Casterline, Norris and Schlaver. Nays, none. ~ereupon the President declared the motion carried. November 4, 1958 161 Trustee Schlaver, as Chairman of the Water Commission, brought Water fees up the subject of fees for water use during building construction, during After some discussion Trustee Schlaver made the following motion, construction seconded by Trustee Norris: "Inasmuch as Section' 23.308 of the Mount Prospect Eunicipal Code provides that a flat fee for use of the v~llage water supply during construction be prescribed by the Board of Trustees, that fee is hereby established as $5.00 per building". The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Broad, Casterline, Norris and Schlaver. Nay~s, none. Absent: Trustee Willer. Whereupon the President declared the motion carried. Trustee Casterline gave a report from the Police Committee: Police report The Committee w~ll submit a recommendation regarding the addition of two men to the police force; the Committee will a~so give recom- mendation for proper control of the Buss-Wille intersection. Trustee Gesterline also s%ated that the Police Department should receive a commendation for good police work re the speed and efficiency with which the traffic death at Pine and Gregory was handled. Trustee Casterline brought up the problem of keeping the tacks clear at Prospect and Emerson Streets, and made the following motion, seconded by Trustee Airey: "that the Village Attorney be directed to prepare an stop ordinance providing for stop signs affecting traffic on Prospect Avenue signs where it crosses Emerson Street". The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Emerson &trey, Broad, Casterline, Norris and Schlaver. Nays, none. Absent: & Prospect Trnstee W~iller. Whereupon the President declared the motion carried. At this point President Lams announced a recess to discuss the annexation of roads and the Carson acreage. The time was 8:52. The meeting reconvened at 9:27. President Lams then read the following letter from Village Attorney Downing: Carson October 30, 1958 case President and Board of Trustees contiguity Mt. Prospect, Ill. Gentlemen: Re: Case No. 58-19 Zoning Board of Appeals Reference is made to the miu~tesof your meeting held October 14, 1958, wherein you requested advice concerning whether certain property, that described in case No. 58-99 with the Zoning Board of Appeals (hereinafter referred to as the Burmeister property), is contiguous to the Village ef Mount Prospect. It is ~V understanding the present boundary (insofar as this matter is concerned) of the Village of Mount Prospect is the center line of Foundry Road to a point with its intersection with approximately the center line of Main Street. It is wV understanding thet the Village, in the interest of public safety and public welfare, is desirous of annexing 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 N~in Street from a point approximately opposite Moemac Avemne to its intersection with the center line of Foundry Road and to annex ali 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. This was discussed in m~ letter ef October 28th. Insofar as the Burmeister property is concerned, we have been furnished a copy of Chicago Title & Trust Co~oany prelimi~ report on title No. 48 O1 662 dated September 9, 1958. Their title report discloses that Martha Burmeister is the owner of the property more generally described by that bounded on the West by the center line of Main Street (Elmhurst Road) and on the South by the center line of Foundry Road. November ~, 1958 The question of whether or not the aforesaid Burmeister property is "contiguous" ~ith the present Village limits is open to justifiable differences of opinion. Although used in the Illinois statute, the word "contiguous" is not defined. Consequently, reference must be made to case law to determine the interpretation of the legislative intent. Based ~oon a 1907 Illinois Supreme Court case, it would appear that the factual situation existing as of the date of this letter might not be interpreted to be "contiguous". However, recent Illinois Supreme Court cases seem to .indicate that an interpretation would be made based upon the facts as applicable in a given situation and as co~pared with the object sought to be accomplished by the statute. If the Village, in furtheramce of a corporate purpose and in the public interest, annexes the north half of Foundry Road, part of Main Street and Rand Road, then there is, in m~ opinion, an adequate basis for determining the Burmeister property to be contiguous to the Village of Mount Prospect. In fact,, its contiguity ~would be somewhat similar to 'and comparable to the contiguity of the property ree~utly annexed to the Village of Mount Prospect located on the Northeast corner of Rand and Central Roads. Included in the Burmeister property is a triangle at the South- west corner lying within the intersection of Rand Road, Main Street and Foundry Road. The Village has heretofore com~enced action to condemn such similar type property located South on Main Street. In view of the previous Village action, it wo~ld be ~y recommendation that if this prope~by is to be annexed to the Village of Mt. Prospect, the said triangle should be deeded to the Village of Mt. Prospect. If there ~re an~ questions, kindly advise. Sincerely, S/ Robert J. Downing President Lams then exhibited the corrected map of the roads in question and read Proposed Ordinance #638. Some discussion followed, after which Trustee Airey, seconded by Trustee Schlaver, made the following motion: "I move for the passage of Ordinance ~638". Ordinance #638 ORDINANCE #638 ANNk~ES CERTAIN PORTIONS OF Annexing ROADWAYS AND ~I'H~ INTERSECTIONS IN THE GENERAL Eoads~'~ AREA OF FOUNDRY, ELMHURST AND RAND ROADS The President put the question and the Clerk called the roll, with the following response: Ayes: Trustees Airey, Casterline, Schlaver and President Lams. Nays: Trustees Broad and Norris. Absent: Trustee Willer. Whereupon the President declared the motion carried. Mr. Serafine inquired from the floor as to why President Lams voted on this motion. Mr. Lams' reply was as follows: "Under Illinois Statute the Village president would vote for or against an ordinance in the case of three trustees voting aye and two voting nay. In voting aye, four aye votes would thus be recorded, which is ~ that is required to pass said annexation ordinance". Then he added that normally it is necessary to have four ~ye votes to pass an ordinance of annexation. At this Ipoint, Trustee Broad, seconded by Trustee Norris, moved to adjourn. The President put the question, the motinn was carried by acclamation, and the meeting regularly adjourned at 9:55 P. M. Respectfully submitted~ Village Clerk Novmmber u, 1958