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