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Home My WebLink About01/05/1965 VB minutes MINUTES OF THE BOARD OF TRUSTEES' :MEETING .. HELD TUESDAY; JANUARy '5~ 1965. President Schlavercalled the meeting to order at 8:18 P.M, With the following membe~spresent: ROLL CALL Bergen Busse Ek~en Phillips Absent: Bruhl Casterline T~ustee Bruhl arrived later. President Schlaver called Police Chief Whittenberg Police Dept. forward to make presentations of Certificates of Achievement Awamds earned by Officers Bopp'and Smith at the Chicago Police ACademy om their own time. Office~ Harold Smith completed a course in Arrest, Search & Siezure, and Officer JosePh Bopp completed courses in Criminal Code 61, Code of C~iminal P~o- ceedin~s ~63 and Criminal Investigations. Chief Whittenberg read a letter from Chicago's SuPemintendent of Police Depart- ment O. W. Wilson commending the men. Tmustee Ekren, Seconded by Trustee Busse, moved accept the minutes of December 15th as submitted, minutes Upon roll call: Ayes: Busse Bergen Ekren Phillips Absent: Bruhl Casterline Motion carried, T~ustee Bruhl arrived at 8:25 P.M~ T~ustee B~uhl, seconded by T~ustee Phillips, moved fo~ the approval of the following bills: bills General Parking SyStem ~4.~2 Libramy 5,764.58 Fire Equipment :1964 26,965.70 Public Works Bldg.. Construction 1964 19,610.68 Waterworks 6 Sewerage 6,609.26 $88s658.68 UpOn roll calZ:, Ayes: Bruhl BusSe Bergen Ekren Phillips Absent: Casterline Motion carried. Trustee Ekrenread the following report from the Zoning Board re Case 64'38: Zoning Case 64-38 January 5, 1965 REP q R T ZonlnE Re: Case 64-38, heard Dec. 18, 1964 Case 64-38 Petitioner: Vil~ge of ,Mt. P~pspect , Attorney: EdwArd'C. Hofert' This case involves a request for zoning to I-1 of property located at 1700 W. Central Rd. The parcel fronts on the nox~th side of Central Road and is 100 ft. x %5~ f~., in depth. The present owner of the property objects to zoning of the property from B-3 to I-1. There were no other objectors present. The Zoning B6ard of Appeals voted 5-0 to approve of the reques~ to zone the land to I-1. Malcolm G. Young~ Acting Chairman G. E. J~cobsmsyer, Acting Secretary Trustee Ek~en. seconded by Trustee Bruhl, moved to concur with the recommendation of the Board of Appeals and to the attorney to prepare the required ordinance. Upon roll cal~: A~es: Bruhl Busse Bergen' Ek~en Phillips ~2o Absent: Casterline Motion carried. Trustee Ekren, seconded by Trustee Busse, moved for the passage of Ord. 1009: Ord. 1009 ZonlnE to I-1 AMENDING THE VILLAGE OF MOUNT PROSPECT'S ZONING 0RDINAN~CE'REEATING TO PROPERTY LOCATED AT 1700 WEST CENTRAL ROAD (REFERRED TO AS THE AMERICAN LEGION PROPERTY) Upon roll call: Ayes: Bruhl Busse Bergen Ekren Phillips Absent: Casterline Motion carried. Ordinance 1009 zones the property at 1700 W. Central Road to Trustee Ekren read the following report from the ZoninK Zoning Board rs Case 64-39: Case 64-39 Case 64-39, heard December 18, Petitioner: Illinois Retail Hardware Association Attorney: Davis, Dietch ~ Ryan, Chicago This is a petition asking for a variation of R-3 to allow the construction of a business office building at 211-217 W. P~ospect Avenue. There were no objectors present. January 5, 1965 The Zoning Board of Appeals is required, before Zonln~ Case recommending a variation, to satisfy themselves that a 64-39 hardship exists that is peculiar to the land involved. Unfortunately, the petitionar was not able to prove that a hardship did exist in this particular case and, therefore, the Zoning Board of Appeals was precluded from anything but a denial, 6-0, against the petition. Malcolm G. Young, Acting Chairman G. E. Jacobsmeyer, Acting Seoretary MEMO = This case involves Lots 46, 47, 48 and 49 of a parcel of land with 100 feet fronting on West P~ospect Avenue. There is a medical building to the west and a 3-flat building =o the eas=. The area of the land involved consists of 10,400 square feet, and it is proposed that a building of 2,500 sq. ft. would be built~ 4,400 sq. would be used for parking and the balance of 3,500 sq. ft. would be landscaped. The land would be used as the sta=e headquarters of the Illinois Retail Hardware Association. The Executive Secretary of the Association lives in the Village and states that there would be 12 employees and paved parking would be provided for 14 cars. Monthly meetings would not create any problem insofar as parking is concerned. There would be no manufacturing or 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 a~cord- ~ I ante with the requirements under Petitioner presented an exper= 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 objec:ors 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 to the Village. The proposed use of the land is compatible with the surrounding area. A favorable decision by-the Board of Trustees would agree with the sympathies of the Zoning Board. However, the petitioner did not prove a hardship that is peculiar to the land, and therefore, the Zoning Board had to vote 6-0 to deny the request for a variation from present zoning of R-3. -Malcolm Ge Young, Acting President G. E. Jacobsmeyer, Acting Secretary The foregoing matter was referred to the Judiciary Committee. · Trustee Ekren'the following report and memo from the ZoninK Board of Appeals re Case 64-40: Case 64-40 January 5, 1965 oning Case 64-~0 Di Mucci REPORT: Case 6~-40, heard December 18, 196~ Petitioner: Sal Di M~cci This case is for the rezoning~ contingent upon annexation, of proper~y at 405 West Golf Road, f~om R-1 to B-3. There were four object6rs present who voiced their objections~ two of whom live and own homes directly north of the property. The Zoning Board of Appeals voted 6-0 to deny the request of the petitioner for rezoning from R-1 tO Malcolm G. Yqung, Acting Chairman G. E. Jacohsmeyer, Acting Sec'y. MEMO: This is a request fo~ rezoning from R-1 to B-3 contingent upon annexation of property located at 405 W. Golf Rd. This land consists of one lot (Lot ~1) with 100-ft. frontage on Golf Rd. and 250 ft. in depth, Land to the eas~ and wes= is zoned single family in the ,County and is now occupied with single family dwellings. Land to the north, across Golf Road, is R-1 in the Village and ~-~ is occupied by single family residences. Land to the south of this lot is zoned B,1, is known as the Di Mucci i ~ annexation and is now vacant. This lot (No. 1) was purchased by the present owner late in 1965. The house was occupied presumably by a tenant prior to removal of the house to another loca- tion. The lot is Dow vacant with the exception of the debris remaining from the removal of the house. Petitioner states that he can sell the land now for use as a retail shoe store. Petitioner, through his representative, points zo the traffic on Golf as being comparable with Northwest Highway and Rand Road. He stated that the building would occupy 5000 square feet and leave the remaining 20,000 sq. ft. for parking. He further stated that a retail shoe store would be better than a re- tail gasoline station, Objectors consisted of two homeowners who live directly to the north of the ~roperty in question; one homeowner who lives approximately 100 yards to the north- west of the proper~y. It is their.opinion that this pro- posed rezoning would be a definite factor contributing ~o a decrease in land values in this area; that this would be -~ harmful to their safety and comfort; and that the additional =raffic would aggravate an already serious traffic flow. _ One other homeowner who lives.about 1-1/2 miles from this location said that it was his opinion that this lot could not be razonad unless the =wo lots to the east and wes= ware also considered. January 5, 1965 ZonlnE Case 6~-~0 The comment of petitioner concerning and comparing The Traffic on Golf Road with NomThwesT Highway and Rand Road with Traffic counts, according to his testimony of 14,700, 1~,200 and 18,700 cams PespecTively, is most eSTing when one realizes That Solf Roa~ is a Two lane road while Northwest Highway and Rand Road a~e four lanes. Peti- Tioner also said That Elmhu~sT Road has a traffic count of 9,900 cars. This s~engThens the objectorst statements That The T~affic on Golf Road should not be further aggravated by a rezonln~ That would create mo~e Traffic. Testimony brought out That There ams two churches within 1/2 block of This location and anoThe~ church To The west with entrance and exit on a road bisecting Golf Road. Golf Road, tooking~wesT from ElmhUrsT Road, is four lanes un%il This lot, and then it narrows to Two lanes. Petitioner, through h~s land planning expert, stated That rezoning of this land To B-1 or B-2 would also be acceptable and this comm6nT by the petitioner caused some wonderment in The minds of %he' Zoning Board because This attitude indicated to The Zoning Board That peTiTione~ did not have any definite plans for this piece of which should be developed in conjunction with The overall area known as The Di Mucci Annexation at the Corners of 58 and 83. Rezoning of this land to B-3 would, undem ou~ pres- ent 6~dinance, allow The construction of a building To the absolute limits of The building line and would cemtainly affect The already acute problem of Traffic and Traffic flow. As we all know, The southern part of our Village contains a great deal of vacant real estate and the p~oper development of this land is most important, not only to the owne~ of said land, but The citizens living in This amea, and Then of course is most important to the Village as a whole o Slip-shod and haphazard rezoni~g ~of land in small parcels could result in eventual degrading of The south of The Village and eventually of The enti~e Village. The Zoning Boar~l of Appeals considered the traffic p~oblem, the fact That There is adequate business property in the {mmediate vicinity and decided that a B-3 zoning foe This lot would be poor zoning and would not be appropriate. zoning should be allowed only when it is necessamy To provide the'facilities and services ~equired or desired by the citi- zens of The Village~ There seems TO be no need by The Village for a B-3 zoning at this location and Themefore the Zoning Board of Appeals voted 6-0 to deny The request for rezoning f~om R-1 To B-3. Malcolm G. Young, Acting Chairman G. E. Jacobsmeye~-, Acting Secretary This matter was refemred To The Judicla~y Committee. T~ustee Ekr~n read The following report and memo from the Zoning Board of Appeals: January 5, 1865 onJn~ REPORTt Case 6~-2 D~ Muccl Re: Case 64-2, heaPd Decembe~ 18, 1964 Petitioner:~ Sal Di Mucci This case ihvolves a Peques= fop Pezoning fPom pPesen= R-1 to R-~ of pPopeP~y identified as Lots 1, 2, 3, 4, 5 and 6 located on the wes= side of Kenilworth at P~ospect Avenue. This case was oPiginally heaPd on JanuaPy scheduled fop me-heaPing on NovembeP DecembeP 18, 1964 To allow the petitioneP mope time ~o pz~paPe fop ~he hea~inE. The~e weme 15 objec=o~s pmesent. The ~ninE Bo~d of Appeals voted 6-0 =o deny~he peri,ion fo~ ~ez~in~ f~om R-1 ~lcolm G. Young, Act~ Cha~m~ G. E. Jacob~eyem, Ac~in~ Secretary ~MO: The land amea of s~ lo~s noted tn mepo~ agg~ega=es 56,1~9 sq. f~. with a f~on~age of S01 fee~ on =he wes~ side of Kenilwom~h and wi~h a depth which varies f~om 185 f~. The memomandum submitted by the Zoning Bo~d follow- ing · he beaming of Febmuamy 1~ 196~ explains i~s ~easons rom no~ Peoo~ending, a= ~ time~ a c~nge The pmope~y is bounded on the west by vacanz l~d zoned I-l~ on the no~h by P~ospec= Avenue and ~he NomZhwes~e~n Railmoad might-of-way, on the eas= by ~nd zoned R-3, on,he sou~heas~ and sou~h by ~d ~ned R-1. Section 31 of the Mount ~ospec~ ~ning O~din~ce ~equi~es'~ha~ a p~nned developmen= be a ~mact of land noz less ~han ~wen=y-seven thousand (27~000) sq. ft. which will be dev- eloped as a ~it unde~ single o~emship o~ con,mol. The land which is ~he subjec~ of this petition actually c~pmises %wo · ~ac~s; one ~act the a~ea of which is less than twenty-one :housa~ (21,000) squame fee~ lies no~%h of a Vii~ge-o~ed alley 16 fee~ wide~ which divides =he =wo pieces of land. The second ~ac~ of la~d which lies south of the Vil~ge-o~ed alley ~s an amea of less ~n 36,000 sq; ft. Separated by a Village-w~ed alley, the =wo pieces of l~d canno: be developed as a single uni~. The piece of l~d north of the VillaEe~ed alley is qualify separately, on an avea basis, as a planed develo~en~. Fov ~he piece of land sou~h of ~he alley, ~he peti~ionev's plan shows a proposal %o e~ect 24 livin~ units on a l~d ' less than 36,000 squave fee~ when a min~ of 48,000 is ~e- quived (2000 sq. ft. of land per livinE unit). Fifteen objec~oms weve~p~esen~ and ~hey cited an expe~ app~aisem's le~te~ which s~ates ~he opinion ~ mome January 5, 1965 par'tments in the emea would decr'ease the land value of the Zoning Case neighbor'ing R-1 pnoper'ty. The petitioner''s own exper': wit- 6~-2 ness testified that the p~oper'ty can be developed as R-1. The Zoning Boemd finds, as a basis of its 6-0 vote, not to r'ecommend a change in zoning fr'om R-1 to 1. The plan of development is for' 2 of land. One :r'aot does not mee= =he ~equi~emen~ of the minimum land a~ea of 27,000 sq. ft. The second =r'act does not meet the requirement of the minimum land ar'ea of 2000 sq. ft. per, living unit o 2. The proposed use (R-4) is not with r'espec~ ~o the subject and surTound- lng p~oper'~y. There is no public need or' demand for' R-4 zoning of ~his land which can be developed as pr'esently zoned R-1. $. The traffic generated by 28 living units, in view of the limited egress and would cr'ea:e pr'oblems of :r'affic safety. 4.A change in the zoning from R-1 :o would r'eac: adver'sely on the values of the R-1 land to the south and southeast. ~alcolm ~. Young, Acting Chairman G. E. Jacobsmeyer, Acting Sec'y This ma,=er was r'efezTed to the Judiciary Committee. M~. Jack Keefe~ of Centr'atwood Subd,ivision stated tha~ he ~epresented r'esidents of that area and demanded of the Village Board that they vote on this question immediately with- out remanding the case to the Judiciar'y Committee (which was pointed out =o him is customary); Mr'. Keefer' further' demanded that the Boar'd vo~e against the pet%tioner' and close the case this ver'y night. Pr'esident Schlaver' over'-r'uled Mm. Keefer's demands as being out of line, the Boar'd concur'r'ing in this lng. and Case 64-2 was r'eferr'ed ~o the Judiciary Committee. T~us=ee Parker' Ek~en, Chairman of the Judiciamy Committee pr'o- mised to hr'lng the case out in 2 weeks. T~ustee Ekr'en r'ead repor': fr'om the Zoning Board r'e Zoning Case Case 64-~1; this is a less-than-25%-case, for' information only. 6~-~1 Case 6~-41, heard Decembe~ 18, 1964 Petitioner': I. Kogan Const-~uction Co. This petition ~eques~ed a variation of less Than 25% f~om the minimum side yard bulk r'egulation of 10 feet, or 10% of the width of the lot~ required in the R-1 Dist-~ict by the Zoning 0r'dinance. The pr'oper':y is a lot located a: 200 Or'chard Place, January 5, 1965 and the specific variation requested is for the easz side of the property, where the lot is abutted along its entire depth by an easement which is 20 fe~t wide. The petitioner requests a 16-inch variation on the east' side yard bulk regulation from the 7 ft. 3 in. requi~ed. By a vote of 6-0 the Zoning Board has granted the petition for variation and the Building Department is directed to issue a permit accordingly, provided that the owner-peti- tioner meets all other requirements, and subject to the condi- tion that the house cons~uotion will be completed within one year from the date of this approval, otherwise the variation is null and void. Yours truly, George E. Jacobsmeyer, Acting Sec'y Court Case 6~ L 30063 Trustee Ek~en moved tha% suit brought against the S g W Meats Village by S. & W Meat Corp., 6~ L 30063, be put in charge of Attorney Hofert. This motion carried by acclamation. Mt, Prospect Rural T~ustee Phillips explained that residents in the Fire Protection Mount P~ospect Fire Protection Dist-~ict held a meeting, in- viting .the members of that Boamd and the Fime Chief and Village Manager of Mount P~ospect. The citizens decided to request reform of the Fire District Board of Trustees and asked their presen= Board to extend their contract with this Village's Fi~e Department for three months' protection, until a more per- manen~ arrangement could be made. T~ustee Phillips, seconded .by Tmustee Bruhl~ moved that the Vil- lage of Mount Prospect extend theiD contract with the Mount Prospect Rural Fime District to March 31, 1965 at the existing rate of $2500. Upon roll call: Ayes: Bergen Bruhl Busse Ek~en Phillips Absent: Casterline Motion ca~ried. Mms. Ernest Beal, spokesman for .the residents under this Rural Fire Distriot~ arose and thanked the Village Board for their action, infox~ning them that a meeting will be held Thursday of this week to select nominees for presentation to Judge Adesko for a new Board, and that a goodly number of citizens ame willing to serve. Water Trustee Phillips, seconded by Trustee Ek~en, moved that valve basins be constructed for the 6" and 12" water valves at Main St. and .Northwest Hwy. by the low bidder, Mi/burn Bros., for $755, this price to include all per, its and pavement replacement. Upon roll call: Ayes: Bergen Busse Bruhl Ek~en Phillips Absent: Casterline Motion carried. Januar7 5, 1965 Fi~e Chief Habemkamp submitted memo as follows: Fire Dept. Sta. "Station #2 will be completed and meady rom occupancy within the next few weeks. The 196q-55 budget appmoved by the Village Board included the pmomotion of three fimemen to the position of' lieutenants and the appointment of six additional fimemen. "I suggest the Village Board instruct the Fime 6 Police Com- mission to fill at this time the one vacancy that exists a fireman. Also, that the Fime & Police Commission be strutted to pmomote three fimemen to the mank of.lieutenant and to appoint 6 additional fimemen at such time as the Fime Chief mequests %hei~ pmomotion andappolntment.' " Tz-astee Phillips, seconded by T~ustee Buses, moved that the Fime & Police.Commission be directed to fill the existing vacancy rom a fime~n at this time. Fumthem, that the Fime & Police Commission be dimeoted to pmomote three firemen to the mank of lieutenant and to appoint six additional firemen at such time as the Fire Chief meques=s the promotions and appointments. This motion caz~ied by aoclam~ation. Trustee Phillips, seconded by Tmustee Ekmen, moved WateP = Well 6 that contract with Fleetwood Con~maotoms, Inc., Watemwomks Impmovement Div. D (Well House ~5) be closed and payment made to the contmactom as meco~ended in M~. Amthum Lewis' of December 8, 196~; fumthem that the Village back-charge the $915.91 rom removal, transportation, inspec Tion, cleaning and meinstallation of the pump motor. Upon moll call: Ayes: Buses Bmuhl Bemgen Ekmen Phillips Absent= Casterline ~otion.ca~mied. T~ustee Bussa~ seconded by Trustee Ekren~ moved Police Dept. that the Village Managem be authomized to seoume bids on one Cap ~123 amTomobile rom The Police Department using the same specifica- tions as last time to replace Squad #123, which is To be tmaded in. Upon moll call: Ayes= Bergen B~uhl Busse Ekmen Phillips Absent: Castemline Motion oarmied. Tmus=ee Bruhl, seconded by T~ustee Buses, moved to StPeet dedications refe~ to the Plan Commission plat of dedication of shomt pieces of street next to the Robemt Fmost School pPopemty. This motion cammied by acclamation. T~ustee Ek~en, seconded by Tmustee Buses, moved to Annexations notify p~operty owners of The followin~ described now surmounded by the Village that rheim meal estate will be January 5, 1965 Annexations annexed by o~dinance at the Januamy 19 meeting of the Properties Village Boand: Surrounded by Village 1. Th~ee-and-a-fmacTion lots on the south side of Golf Road just west of Rte. 83 (Di Mucci, et al.) 2. The area bounded on the north by Welle~ C~eek, east by S. Emerson, south by Lonnquist Blvd. and west by So. Main St. - (Old Pierce p~operty). 3.The west half of Wapella Avenue past The Lutheran Church pmoperTy. Upon moll call: Ayes: Bruhl Busse Ekmen Phillips Nays: Bemgen Absent: .CasTemline Motion ca~'ied. T~ustee Bergen explained his nay vote~ stating That he thought the propemties should be annexed /mmediately, as the oz~linances were ready° President Schlavem read the following letter Schools - David C. Hanns~ P~esi~ent of the Board of Education, District District 57 57: Decembe~ 28, 196~ Dea~ Mr. Schlavem= At our last meeting of the Boamd of Education some discussion centered around:the possibility of our Board and you~ Boar~ (om representatives f~om each) sitting dow~ occa- sionally To discuss con, non p~oblems.and interests. I was authorized To make the initial contact with you. As we look a= ou~ civic responsibilities and compare them with yours, we think such a discussion could be p~ofitable. We might fimst explore the idea before getting down to too many specifics. Certainly, if each body can be of. occasional assistance To the other, Mount Prospect will benefit. We are all busy people, of course~ as who isn't these days~ I'm sure no one wants To add heavily to his meet- lng schedule. But we would be interested in youm reaction - and that of your Board membems - to this idea. Respectfully submitted, David C. Hanna The Village Trustees indicated willingness To co-operate, and P~esiden~ Schlavem said he would reply to Mm. Hanna in that vein. P~esident Schlave~ mead the following letter from Iversen property Eaml G. Ive~sen: Jenuary 5, 1965 Iversen property Decembe~ 11, 196~ Triangle at Lincoln, Elmhurst Dear M~. Schlaver: and #83 Re: Lot 1, Block ~, P~ospect Park Sub. #1~ Mt. ~os~ect~ Ill. Have been reviewing the trials and tribulations that I have experienced with the Village of Mount Prospect, since I acquired the above lot. My expenditures of time and money, endeavoring to expedite my legal right to build on this lot, have been consid~able, and as you know, without success. I now wish to make a statement of fact, which I do not believe you can deny. Here is a lot, in a duly corded sub. of Mt. P~ospect, dedicated by the Village of Mt. P~ospect as a building lot. To deny the legal owner of this lot to build on it, without resti%utidn,:is uncon- stitutional and therefore unlawful. Under the circumstances, I herewith make a simple demand upon the Village of Mt. Prospect. Kindly advise me, within 30 days, under what classification of zoning you will grant me a permit to build. Yours very t~uly, Earl G. Iversen 17~0 Sunningdale Rd., Apt. 16-G Seal Beach, Calif. President $chlave~ referred back to minutes of October 22, 1957 and reviewed this case to date. It was pointed out that the Boe/'d on Feb. 6, 196~ offered to purc~se this lot for $?$0, and when the offer was not accepted by June it was with- drawn. Therupon, T~ustee Ek~en, seconded by T~ustee Bruhl, moved to ask Mr. Raymond Wright, expert appraise~, to bring his last appraisal up to date; the Village's intention being to begin condemnation proceedings on this piece of real estate. ~ustee B~u~, seconded by T~ustee Busse, moved that Tally Ho the Village Attorney, and the Village Prosecutor, Messrs. Horst and Crooks, institute mandatory proceedings under the statute requiring completion or demolition of the Tally Ho Apartment buildings at Algonquin and Busse Roads. This motion caz~ied by acclamation. President Schlaver praised Village Manager Appleby Street lights for his untiring efforts to acquire vapor lights along the highways in-town, which have now been installed all along Rte. 83 f~om Golf Road to Rend Road. T~ustee Bruhl commended Mr. Herman Haenisch, Health Health Dept. Inspector, on his faithful attention to duty, remarking that health standards have been raised in the Village as a result of his efforts. January 5, 1965 Adjoumnmen= by acclamation at 10:12 P.M. RespecTfully submitted. RU~h C, WilsOn~ Clerk -- January 5~ 1965