News & Views 1988 June

              NEWS & IEWS
Prospect Heights, Illinois
Vol. 1, No. 2, June, 1988
Response to NEWS & VIEWS, the grass roots newsletter, has been gratifying, and we welcome our new subscribers. We will be happy to welcome other subscribers, too.
A subscription blank and information about advertising appear on the last page of this second issue.
DROUGHT CRISIS
It hardly seems credible to use that headline just ten months after the terrible floods of last year. Nature has a way of getting our attention.
The drought can hardly be called news to anyone, but its severity makes it worthwhile to ask all residents to show consideration for each other.
Wells have gone dry, and, unless you have turned on a faucet with only a hiss or a snort and no water, the helpless feeling is hard to imagine. Sure, it's hard to see your yard go brown, but no water is worse. Grass will come back. Trees and shrubs should be watered judiciously to keep them alive. Simple things add up in emergencies. Take shorter showers; only wash full loads of clothes or dishes; don't let water run while preparing meals - well, you get the idea. Let's see a "Good Neighbor" law enacted, as suggested by Maureen Ruffner, one of our new subscribers.
Water is a shared asset, not a personal source for individual wells, no matter what their depth. The aquifers, where nature stores our water, don't follow exact lines; they vary up and down. Don't misuse your well. It could hurt a neighbor. Or you.
The city passed an ordinance on June 20 regarding conservation of water for private wells. There are three stages to the ordinance, covering various stages of a drought. Stage 1, which is in force as this is written, asks for voluntary compliance. It asks residents to water only between 6 p.m. and 11 p.m.; homes with even-numbered addresses water on even-numbered days, odd-numbered addresses on odd-numbered days between these hours; don't wash cars; don't lay new sod; don't fill swimming pools.
It is devoutly to be hoped that stages 2 and 3 won't be needed. Stage 2 is very like stage 1, but with non-compliance resulting in fines. Stage 3 is a declared Emergency, with no outside watering allowed, and substantial fines. * See page 6 for update. *
COUNCIL CONSIDERING FAR-REACHING CHANGES IN ZONING ORDINANCE
David Bailey, a resident of Prospect Heights Manor subdivision, asked the city to approve a second garage on his property, where he works on classic cars. Other residents objected because covenants on deeds in the subdivision do not permit such a building. The zoning ordinance requires the city to adhere to provisions of covenants. A petitioner must take legal action to remove any provision through court action.
The covenant was called to the attention of the city and to the petitioner, who canvassed the area and signed petitions of a majority of residents showed they opposed the provision. This is not legal action, however, and the provision is still in County records.
NEWS & VIEWS                    - 2 -          Vol. 1, No. 2, June, 1988
There was much discussion by Council at its June meeting as to the validity of the city's having to abide by covenants if a petition met requirements of the Building Code. It was said that covenant restrictions had been violated repeatedly, although unknowingly, if the city was not aware of them.
City Attorney Donald Kreger, who provided legal counsel for the original ordinance, says he feels the ordinance went too far. He said petitions for zoning variations must show hardship, but this petition does not show hardship from the zoning, but from the covenant. He also said at the June meeting, "The covenant disappears because of multiple violations. . . We don't believe the covenant really exists if it's been violated often." Whether this would apply to all covenant provisions or just those which have been violated in the past is not clear. Attorney Kreger said he felt the city could issue the permit, "notwithstanding the language of the ordinance."
Former Alderman Robert Perkowitz spoke from the audience saying he was not satisfied as a citizen to have Council issue a permit in violation of its own ordinance. "Either abide by the ordinance or change it. Since this covenant has been called to your attention, it wouldn't be right to issue a permit in violation of the ordinance."
Council agreed not to direct staff to do anything other than what they can do legally under ordinance. "Currently, we cannot issue a building permit that would be in violation of existing covenants."
Council is planning to ask the Zoning Board of Appeals to change or delete three paragraphs in its ordinance regarding covenants. These changes or deletions would effectively remove the protection of covenants or require residents other than the petitioner to sue to have them enforced. This would also reverse the intent of the many citizens who spent much time helping to draw up the original ordinance.
The proposed changes to the zoning ordinance were to be presented to the Zoning Board of Appeals on July 7.
LIBRARY CONSIDERING EXPANSION
The Prospect Heights Public Library hired Carow Architects and Planners, a Chicago firm with experience designing library buildings, to develop plans to expand the present 12,000 square foot building to meet its needs for handling a growing collection of materials.
The plans, presented in June, would increase the size to about 26,000 square feet, and would blend with the surroundings, as well as help increase library efficiency. One of the highlights would be an open courtyard on the northeast side opening from the children's department, which could be used for summer reading programs.
It might be necessary to purchase a strip of land along the south edge of the existing property to meet the plans. This land acquisition is in preliminary discussion, and, if money is not available, plans could change.
Estimated cost of construction and remodeling is between $1.5 million and $2 million. Since there are no construction funds in the present budget, the only way to raise funds would be through a tax increase referendum in November or next year. No specific amount has been calculated at present.
If funds are available and plans approved, construction time is estimated to be about l4 months, weather permitting. Soil tests will be made and results presented in July.
NEWS & VIEWS                   - 3 -            Vol. 1, No. 2, June, 1988
CONGRATULATIONS
To Dr. Thomas W. Shirley, principal of Wheeling High School for 23 years, who was selected by his peers as the top principal in Illinois. Dr. Shirley received the award from the National Association of Secondary School Principals, in conjunction with its commercial sponsor, Burger King.
Earlier in 1987, Wheeling High School received the Excellence in Education Award in the National Secondary School Recognition Program, further reflecting his leadership.
As Illinois representative, Dr. Shirley will join principals from other states in Key Biscayne, Florida for an education seminar. The seminar, to be held in October, will be a summit meeting of principals and teachers to discuss educational reform and prepare a paper on the issue.
Prospect Heights applauds the award and feels his expertise in education and his well-demonstrated skills in preparing comprehensive and informative reports will add much to the seminar.
PROPOSED DEVELOPMENT CAUSES CONTROVERSY
Developer Ron March petitioned the city in February to build a $18 million shopping center at Rand and Willow Roads. The request was sent to the Zoning Board of Appeals (ZBA), which voted 4 to 2 against the proposal.
After this vote, Council directed City Administrator Robert Kiely to ask the ZBA not to make a formal recommendation.
In April, a second petition, with a new number, was submitted to the Plan Commission which approved it. This second petition was then submitted to the ZBA in May which voted 2 to 2, with three members absent. Since the zoning ordinance requires concurrence of four members of the ZBA, it could not make any recommendation. The legality of having the three absent members study the proceedings and vote at a later public meeting is unknown at this time.
There has been much dissatisfaction about the hearings and procedure in the matter.
A group of citizens attended the Plan Commission meeting and felt their comments in opposition to the plan were not properly heard. Several walked out in anger. Aldermen Merle, Sunde and Richartz agreed at a later Council meeting that the commission had been abrupt, and citizens had not been accorded the opportunity to speak fully.
A letter from ZBA Chairman Mary Ann Stitak was read at the June 20 Council meeting and said the ZBA felt Council acted improperly in not allowing the ZBA to present its recommendation after its 4 to 2 denial of the petition. She said ZBA was prohibited by ordinance from holding a second hearing after a denial, without new evidence, for at least a year. The board felt Council should not have ordered it to review this request a second time.
At the same meeting, Council said the ZBA vote was premature, and that was the reason ZBA was asked not to make a recommendation. Apparently, because of the nature of the petition requiring a Planned Unit Development, it should have gone to the Plan Commission first. Some aldermen stated that Council couldn't act on the petition without a ZBA recommendation, which seems unduly critical of the ZBA which was acting on orders from Council.
Council has the authority to approve or deny a ZBA recommendation, but it should have a recommendation from the board.
NEWS & VIEWS                -  4 -             Vol. 1, No. 2, June, 1988
After all the discussion at the June 20 Council meeting, Attorney Kreger was asked to see if the absent ZBA members could legally vote at a future meeting. He was also asked to draw up the necessary ordinances to approve the proposal.
If it is found that the ZBA can reach a vote of 4 concurring members and make a recommendation, and, if that vote again denies the petition, it may require a super majority of Council - six members - approve the petition.
BID FOR LAKE ARLINGTON LOWER THAN EXPECTED
Bids for the Lake Arlington flood control project were less than originally expected. Plote Inc. of Elgin was the lowest bidder at $8,695,916 for the project. The trustees of Arlington Heights will consider the bids in mid-July, and they are likely to accept the Plote bid, since the company has a good reputation for completing work on time and done correctly.
Prospect Heights has contracted to contribute to the project, and news of the lower bids means that the city share of the cost will be $900,000 to $1 million, rather than the $1,250,000 set as its top limit.
It is expected that work may begin July 19. It will involve moving 1.5 million cubic yard of dirt to create the lake, which is planned to alleviate some flood conditions, as well as provide a recreational area.
EMERGENCY SERVICE DISASTER ORGANIZATION ESTABLISHED
City Council voted to establish an emergency service disaster organization to handle various types of emergencies, including those the city experienced last year during the floods. The basic organization would be similar to the successful ones in other communities, with groups and individuals ready to handle emergencies as needed. Full plans are not available yet.
Mayor John Gilligan had reservations about some items in the ordinance although they were not expressed in Council meeting. One major disagreement caused heated discussion, however. Mayor Gilligan feels he should be empowered to appoint a coordinator for a particular emergency when it occurs. Council felt a permanent coordinator should be appointed with ability to handle whatever emergency arises.
The mayor's reservations were expressed too late for Council to consider them before the meeting, and an angry debate on the matter caused Alderman Charles Lutzow to ask for adjournment to Council meeting, which would require the mayor to agree with the Council's having passed the ordinance or to veto it. Mayor Gilligan tore up the objections in his statement, and the ordinance stands, always subject to future amendments.
CITY PLANS CITY HALL LOCATION RENOVATION
City Council hired architect Robert Lizzo to do renderings of facades improvement to the area where City Hall is located. These renderings show new windows, doors, and renovation of the facades of the buildings. It is hoped the work will be finished in late 1988.
NEWS & VIEWS              - 5 -               Vol. 1, No. 2, June, 1988
NEWS & VIEWS would like to thank the many residents who sent 'good luck' messages with their subscriptions. All are appreciated. We were a bit surprised by the number of questions for JUST ASKING. . . item. It appears to be more than a casual editorial thought. We welcome questions and print some here:
JUST ASKING. . .
Is there any enforcement of the law regarding running a business and having equipment, vehicles, etc. on one's own property?
Why are the fees for the City Attorney so high? Why must every question be pursued at such length about ordinances and procedures on matters which it seems should be evident to a legal expert?
Wouldn't this be a perfect time to clean McDonald creek of debris when it is so low? Shouldn't some of the growth along the creek be cut back to allow easy flow of water when the creek is running normally? Does the McDonald Creek Committee have any plans to enlist residents to do this as was done for years before Prospect Heights became a city?
NEWS & VIEWS favorite question was this one: "What kind of help will you be looking for on your newsletter?" Call 537-861U for the answer.
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Reporters for this issue include: Carol Petty, Bob and Jean Perkowita, Irene Lavelle, Bob Farnaus, Bill Kiesel, Leni Scott. Editor: Nancy Olds
NEWS & VIEWS
910 W. Wildwood Drive
Prospect Heights, Illinois, 60070
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NEWS & VIEWS	            - 6 -	           Vol. 1, No. 2, June, 1988
PROSPECT HEIGHTS BANS LAWN-WATERING
The drought is so severe, with no relief in sight, that the city has placed a ban on watering lawns.
It is still lawful to water trees, shrubs and gardens during the hours of 6 and 11 p.m. on even-numbered and odd-numbered days according to your addresses. But don't water your lawn.
Let us all hold the good thought for a long, gentle, soaking rain!
NEWS & VIEWS
910 W. Wildwood Drive
Prospect Heights, Illinois, 60070
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