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HomeMy WebLinkAbout01/26/1965 VB minutes MINUTESOF MEETING OF BOARD OF TRUSTEES HELD JANUARY 26t 1965 P~esident Schlaver opened the meeTir~ at 8:17 P.M. roll call and upon roll call the following members were B~uhl Bergen Busse Ek~en CasTesline Phillips T~ustee Busss, seconded by T~ustee Bruhl, moved minutes to appsove the minutes of Januasy 19th as Upon roll call: Ayes: Bsuhl Bergen Busse Ek~en CasTesline Phillips Motion Tsustee B~uhl, seconded by T~ustee Casterline, bills moved fox- The appsoval of the followinE bills: Genesal $26,55~.38 Paskin~ System Revenue Libsary 2s957.58 Public Works BldE. 13,2~$.16 Motor Fuel Tax 11,757.03 Wateswosks & Sewesage 3,548.27 S58,10~08~ Upon soll call: Ayes: Bruhl Bes~en Busse Eksen Castesline Phillips Motion caz~,ied. P~esident Schlaves, sefesred the followin~ To the Building Building Committee and ATTo*ney: Mattes of ~n ordinance contsollinE lot gsades and buildin~ grades for new construc- Tion within The VillaEe, made UP by Supt. of Building Tsustee Bes~enbrou~ht up the fact that the Az'chi- Elk Ridge Vill~ tec~usal Committee had approved similas designs of homes to be built in Elk Ridge Villa Unit %, of which 25 homes out of 28 shased only three desiEns. At his request this was refersed to the Building Committee and Village Attorney. Trustee.Be~en,.se¢onded by Tsus=ee Castesline. moved to The Supesintendent of Buildin~ to withhold issuance of buildin~ pet'mit fos any homes in Unit ~ fo~ a period of one week ia des to allow the BuildinE Committee to consides The matter befose issuin~ diz, ecTive at the next meeting. This mo- Tion ca,sled by acclamation. %~stee Bruhl ~ave the secommendaTion of The Finance Citizen's Wate~ Committee re Citizen's BluetT Water ~ystem, and moved, seconded Co. by Tsustee Phillips, That offes be made to Citizens Water Com- pany in the amount of $76,175 fo~ acquisition of their Bluett system, and that the Village Clerk be authorized to send such a proposal to Citizen~. Upon roll call: Ayes: Busse Bergen Bruhl Ek~en Phillips Casterline Motion ca~ied. January 26, 1965 inance T~ustees Ek~en and Bruhl commended Finance Director James King for his good work in compiling the preparatory figures, · Zoning Case . . Trustee Ekren read the following report and memo 6~-39 from the Zoning Board: . Re~ Case 6~-39, heard December ~, 196~ ?etitionert Zllinois Retail Hardware Association Attorney: Davis, Dietch ~ Ryan 38 South Dearborn St., Chicago, Ill. This case is a petition asking for a vamiation of R-3 to allow the construction of a business office building at 211-217 West P~ospect Avenue. There were no objectors present. The Zoning Board of Appeals is required, before recommending a variation, to satisfy themselves that a hard- ship exists that is peculiar to the land involved. Unfor- tunately,, in this particular case the petitioner was not able to prove that a hardship did exist and therefore the Board of Appeals was precluded from anything but a denial, 5-0, against She petition. Malcolm G. Young, Acting Chairman G.E. Jacohsmeyer, Acting Secy. Memorandum Re: Case 6~-39, heard December 18, 196~ This case involves Lots ~6, 47, ~8 and.~9 of a parcel of land with 100 fee= fronting on Wes= Prospect Avenue, with a depth of 104 ft. The address would be 211-217 W. P~ospect Avenue. There is a:medical building to the west and a~ 3-flat building to the east. The a~aa of the land in- volved consists of 10,~00. sq. ft., and it is proposed that a building of 2500 sq. ft. would be built; ~00 sq. ft. would be used for parking and the balance of 3500 sq. ft. would be landscaped. The landwould be used as the state headquarters of the Illinois Retail Hemdware Association. The Executive Secxe~ary of the Association lives in the Village and states that there would be 12 employees and paved parking would be provided for l~ca~s. Monthly meetings would not create any p~oblem insofar as parking is concerned. There would be no manufacturing ~r assembly work carried on. The use of the property is compatible with the area and other construction and usage. Petitioner stated that the building use of the land would be in accordance with the requirements under R-3. Petitioner presented an expert witness who stated that it was his opinion that the highest and best use for the land was for an office building. There were no objectors present. The members of the Zoning Board of Appeals were in sympathy with the petitioner and his plans for the land. There was no doubt in the minds of the members that this would be a worthy addition =o the Village. The p~posed use of the January 26, 1965 land is compatible with The su~ounding area~ Zoning Case 6~-39 A favorable decision by the Board of T~ustees would agree with The sympathies of the Zoning Boards However, The ~'~ petitioner did not prove a hamdship that is peculiar to the ' i land, and therefore The Zoning Board had to vote 6-0 to deny the request for a variation from the present zoning of R-$. Malcolm G. Young, ActinE Pres. G. E. Jacobsmeyer, Acting Sec'y/ Trustee Ekren, seconded by Tx%Astee Phillips, moved that the Board not concur with the vote of the Zonir~ Board, that This petition be allowed, and that the Village Attorney be di- rected To draft The necessary papers to allow this zoning. Upon roll call: Ayes: Bergen Bruhl Caseerline Ek~en Phillips Pass: Busse Motion carried. Trustee BUsse explained his lack of vote on the foregoing motion by the fact That he at one time was involved in The sale of The p~Operty. Trustee Ekren read letter from Attorney Robert Zoning Case ~-~ Stanton as follows: 63-28 January 21,. 1965 Honorable Parker Ek~en Chairman of the Judiciary Committee Dear Mr. Ek~en: Re: Board of Appeals Case ~63-28 Linneman Road (Church Road) Upon my recent return from thehospltal I was in- formed That The above matter was on the Agenda for the November 24, 196~ Meeting of~the Board of Trustees. The Minutes of that Meeting show that the Board of Trustees unan- imously concurred with the Zoning Board to deny the request for a rezoning frOm R-A to R-~. The Record of the Proceedings before ~he Zoning Board show that I was the Attorney for the Peii%ioner and wish to advise you that no Notice was given to my client or myself that ~he matter was set for a final determination by the BOard of TrUsteeS on NOvember 2~, 196~. I am aware That under normal prOcedure, unaccompanied by unUsual condi- tions, no formal notice is requimed.. However, ~here There may be a possible Technical point at issue or where the ap- ~" plication of The governing Statute or Village Ordinance may ! be unconstiTutionalto the particular property involved, the i ~ Petition merits a hearing by the Judiciary Committee or by the Board of Trustees before final determination is made, so that the property owner is protected and not deprived of theRighTs which heis guaranteed under the Constitution of' thaUni~ed STate of America and the State of Illinois. Fmom my own personal experience, I know That our Board of Trustees is a zealous and jealous protector of these God given Rights and readily steps briskly forward and intervenes to see That no transgression is made and unhesitantly puts an end to any attempt in that direction. January 26, 1965 Zoning Case 63-28 In view of the above I ask that you give judicial consideration to my request for $ hearing and that I be given the opportunity to pmesent evidence and additional facts and info~mation That will substantiate my position and contention That TheConsTitutionat Rights of my client have been violated. I would appreciate your reopening Board of Appeals Case No. 63-28 and seTtin~ the matter for a hea~in~ and ad- vising me accordingly. I can assu~e you that the evidence and additional facts and info~mation will be so ~evealing that the Boamd of T~ustees will reverse the finding of the Zonin~ Board and gran~ the mequest to rezone this pmoperty in question f~om R-A to R-~. Thankin~ you in advance rom your consideration and attention in this ma~em, I remain, Very truly yours, Robert L. Stanton ATTorney for Petitioner Attorney Hofer= gave his opinion That She case should not be me-opened by The Board of TmusTees; that the petitioner may appeal :o the Zoning Board as a n~w case if he feels theme is new evidence. Pmesident Sc~hlaver directed The Judiciary Committee to infoz~n ATtorney Stanton that the Board concurmed in The opinion of The Village Attorney as herein set forth. Public Works T~ustee Phillips, seconded by T~ustee Bruhl, mov. ed chlorine That the bid of Alexandem Chemical Co. for $9.00 pem CWT for chlorine be accepted. Upon roll call: Ayes: Bergen Bmuhl Buses Ek~en CasTerline Phillips Motion carried. Fire Dept. T~us~ee Phillips, seconded by Tmustee Buses, moved That specifications for t~uck chassis and body rom rescue squad of the Pi~e Deparl~ent be approved. Chief Habemkamp explained That this Tmuck will ca~ry spame tools and parts, extma men, and can also carry injured people in an emergency. TmusTee Phillips, seconded by l~mstee Buses, moved that bids for The fomegoing Fire Depamtment Units be accepted by The Board at its meeting of Februamy 16th. This motion cammied by acclamation. Police Dept. ?mustee Busse, seconded by Trustee Phillips, moved to accep= the bi~ of Mamk Motors rom replacement of Squad Cam 123, an R-93 Plymouth Belvedeme ~-~oor Police Sedan, rom a pmice of $2,18~.~5 with allowance of $900 on old car. Upon moll ~all: Ayes~ Bergen B~uhl Buses Ekmen Casterline Phillips Motion carmied. Tmustee Buses commended The Police and Fi~e Depamt- ments fo~ Zheim attention ~o duty duming the weather emergen- cies of The pas~ few days. January 26, 1965 Tmustee Bussa, seconded by Trustee Casterline, Traffic moved that C. T. & A.'s plans for pmDposed traffic lights at Gregory and Main be approved. Upon roll call: Ayes: Bergen Bruhl Busse Ekren Casterline Phillips Motion carried. Trustee Casterline, seconded 'by Trustee Ekren, Highway Dept. moved tha't the Board approve the Cook County Highway Depart- ment plans and specifications for 'improvements to be made on Central Road from Rand Road to Northwest Highway. Upon roll call: Ayes: Bergen Bruhl Busse Ekren Casterlin~ Phillips Motion ca~ied. In re above motion, Engineer Hammerer advised Manager Appleby by memo that he recommended acceptance of Cook County's plans, which are the same plans submitted =o the Village in 1961. President Schlaver directed Engineer Hammerer to ascertain from the proper parties the procedure for installation of Left Turn arTows at Central Road and 83. Trustee Phillips, seconded by Trustee Bergen, moved D.A.M.P. ~ that the Village pay its regular share of expense as a member of the D.A.M.P. commision, in the amount of $1000. Upon roll call: Ayes: Bergen Bruhl Busse Ek~en Casterline Phillips Motion carried. P~esidant Sohlaver extended his t&anks and praise to Village Hall all departments of the Village for their high standard of per- formance during the e~ergency and crisis of the past few days, with the worst ice sto~ms in history. President Schlaver also brought up to %he Bdard that there is a need for auxi- liary power systems for the Village Hall and south side Fire STation, and the Public Works Building. He referred this mat- · er to the Manager, Engineer and Fire and Police Chiefs for conference, =o give joint recommendation in this regard. President Schlaver also pointed out that there may Finance be need for an emergency appropriation to cover the sto~m damage, and asked the Finance Director ~o see how such an ap- propriation is made. Manager Appleby reported that eight mo~e ordinances annexations of annexation had been prepared for area~ surrounded by the ~'' Village and that with The permission of the Board the agenda of February gth would list their readiness for passage~ this would allow time to notify the owners of the properties. Discussion was held regarding the previous few days Village Hall when heavy icing conditions knocked out electric power for water hours and days a= a Time; that people have been resourceful and helpful to each other~ ~haT the Village Hall and Prospect High School are open 'for public shelter; that the Village supplied water ~o BlueTt Subdivision until power could be returned to Theim pumps. January 26, 1965 versen President Schlaver read letter from Earl G. Iversen triangle re Iversen's triangular-shaped lot at Elmhumst Ave. and LincoLn Street and~ead his proposed reply: December 15, 1965 Dear My. $chlaver: Received your letter of JanUary 7th replying letter of December llth. I regre~ that you avoided giving me a direct answer to the request contain~ in my'letter. I have given the Village of Mt. Pnospect, in the past, move than ample time to consider my offer to sell them this lot. This they refused, at which time I withdrew my offer. For you to ~now secure an appraisal on this lot is practically useless. No appraiser could possibly put a value on this lot without definite knowledge of its Zoning sta=us. And my letter, very clearly and simply, asked for your deci- sion as to that and =o that only. Basically, common sense dictates tha~ this lot is worth at least as' much as the lowes~ priced, fully improved lot in Mt. Prospect. In the past year I even offered ·rade you this lot for another fully improved lot in Mt. Pnos- In my opinion I have been move than fair in trying to reach a fair solution to a situation for which the Vil- lage of M~. P~ospect is solely to blame. I am now at the end of my pati~nde and demand that you cease denyin~ me my con- stitutional right to use this lot I respectfully request, therefore, that without fumther procrastination you give me a firm and direct reply to my letter of Dec. 11, 196~, namely:' "under what clas- sification of Zoning will you g~ant me $ per, it to build". Yours very Earl G. Iversen 17~0 Sunningdale Seal Beach, Calif. Reply =o Fa.. Iversen: Dean Sim: Not knowing what sot= of a building you propose to constTuct or the use to which it will be puc, it is not ~pos- sible for the Village to answer your question "under wha= classification of zoning will you grant me s pemmit =o build". Your lot is zoned R-1. Copies of the Village's zoning and building ordinances which describe what uses are permitted in the various zones are available and it would be up to you to determine wha= you wan= to build, whether you can build it under the presen~ zoning or whether anothe~ zoning is required. If you desire a change of zoning~ the zoning ordinance se=s forth the p~ocedure to follow. The Board feels that because of public safety and the lack of parking space around your lot, public interests would best be served if it were to remain vacant. ~s we fold you before it is being ~e-appraised to arrive at a fair offer January 26, 1965 o purchase ~t .from you. If we cannot mutually a~ree on a fair price for the property the Village intends to go ahead and condemn i~ fop public use. C. 0. Sch~ve~ P~esiden~ T~s=ee B~uhl, seconded bY ~us~ee Busse, moved ~ha~ ~he above pmoposed let~e~ be sen~ to Earl Ive~sen. This mo~ion ~a~ied by acc~tion. A~o~ney Hofe~ info,ed ~he Board m~be~s tha~ Bluett Fai~vlew disoussion had been held wi~h mep~esen~atfves of Bluet% GaPdens wate~ Fai~iew Gamdens Subdivision ~e~a~in~ wate~ c~m~es~ ~ha= he had pu~ his opinion into le~t~ fo~ as follows: January 26~ 1965 M~. He~y Mo~mian 1117 Ho~ne~ Lane M~ ~ospeo~, Ill. Dea~ M~. MouE~iau: Re: You~ Cono~n Relative to Special Asses~en~ Cha~es o~ a Special Assessmen~ Which Might Derive I~self ~ Annexation of Ties Pmesen~ly S~ved by BlueSt Wa~e~ C~pany To mei~a~e my let~e~ of January 1~, 1955, it is my f~ opinion ~ha~ a special asses~en~ oanno~ be levied improvements in bein&~ ~ha~ all wa~e~ cha~es in you~ ~ would have ~o be unifo~ and eq~l ~o ~hose cha~ed ~ the VillaEe of Moun= P~ospec~ unless a special a&me~en~ were made in advance of annexa%ion. It is my undems~andinE ~ha~ no a~e~en~ ~s been made no~ is con=empla~ed ~o be made~ and upon ann~a~ion you will be ~ea~ed unifo~ly in =emms of ma~es and cha~Ees wi~h any o~he~ person who is a use~ of wa=e~in the Village of Moun~ P~ospec~. Yours =~ly, Edw~d C. Hofe~, A~%o~ney VillaEe of Moun~ ~ospec~ ~us~ee Phillips~ seconded by ~us%ee B~hl~ moved to appmove ~he siEnin~ a~ sendin~ of ~he above le~te~ of opinion. Upon ~oll call: Ayes: BemEen B~uhl Busse Ekmen Cas~e~line Phillips Mo~ion ca~ied. ~us~ee B~uhl~ seconded by ~us~ee Phillips, moved Wate~ =ha% ~he Village A~omney be d~ec~ed to p~ep~e o~dinance ~endin~ Sec. 23.~06 (C) of ~he VillaEe C~e by addle, "on a ~eEula~ basis o~hem ~n ~e~Eency"~ and ~endin~ Sec. 23.306 (D) as follows~ "Wheme mas%e~ me~e~s ape installed on c~bina~ion use buildings, wa~e~ bills shall be c~pu~ed by mul~iplyi~ the applicable GALLONAGE (no~ "~ates") .... " Upon ~oll call: Ayes: B~uhl Busse Caste~line E~en Phillips Pass: B~en Mo~ion ~mied. January 26, 1965 Adjournment by acclamation aw 10:10 P.M. Respectfully submitted, Ruth C. Wilson, Clerk January 26, 1965