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HomeMy WebLinkAbout06/22/1976 VB minutes MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES June 22, 1976 Special meeting of the Mayor and Board of Trustees of the Village 6f Mount Prospect, Illinois called by Mayor Teichert on Friday, June 18, 1976 pursuant to Chapter 2 "The Board of Trustees Section 2.103 "Meetings" as specified in the Municipal Code of Mount Prospect. This meeting was called to consider an amendment to the Consent Decree for the property located on central Road and Cathy Lane, formerly known as the Klein property, and currently referred to as Central Village. CALL TO ORDER Mayor Teichert called the meeting to order at 7:30 P.M. INVOCATION Trustee Rhea gave the invocation. ROLL CALL Present upon roll call: Teichert Wattenberg Floros Minton Rhea Richardson Absent: Hendricks CENTRAL VILLAGE Trustee Wattenberg, seconded by Trustee Richardson, moved to approve the proposed Consent Decree in hand and explained, and that to so properly identify, if approved, a copy of this Consent Decree as approved, be attached to the Minutes of this meeting and made a part thereof, and authorization to the attorneys for the Village, Hartigan and Ward, to sign the Consent Decree in behalf of the Village. Upon roll call: Ayes: Floros Minton Rhea Richardson Wattenberg Motion carried. Mr. Ed Braband, ll N. Pine questioned whether the Village is econom- ically sound to assimilate a senior citizen housing project. The plat of subdivision for the entire tract of Central Village was presented. Trustee Rhea, seconded by Trustee Richardson, moved to authorize the Mayor and Clerk to sign and attest the plat of subdivision for Central Village, subject to the posting of public improvements bonds as required by ordinance, and also subject to entry of the Decreed Order in the subject case. Upon roll call: Ayes: Floros Minton Rhea Richardson Wattenberg Motion carried. ADJOURNMENT Trustee Rhea, seconded by Trustee Wattenber§, moved the meeting be adjour- ned. Time: 8:15 P.M. Unanimous. DONALD W. GOODMAN Village Clerk IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION TOWN DEVELOPMENT CO., et al., ) P1 aintiffs, ) ) vs. ) NO. 62 S 22734 ) VILLAGE OF MOUNT PROSPECT, ) a Municipal Corporation, ) ) Defendant. ) AMENDED CONSENT DECREE This matter coming on to be heard on the motion of the Plaintiff to modify a consent decree entered on or about the 22nd day of March, 1966; The Defendant having received notice, the Court being duly informed, and by agreement of the parties: NOW, THEREFORE, UPON CONSENT OF THE PARTIES HERETO, as hereinbelow set forth, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows: 1. That the Court has jurisdiction of the subject matter of this complaint and of the parties hereto; 2. Maywood Proviso State Bank, Trustee under Trust No. 3698 dated August 18, 1975, is the owner of the following described property. The beneficiary of said trust is Julian F. Tuber. George B. Anderson and H. Richard Graham, d/b/a Venture Associates, are parties to a contract with the said Trustee to buy the following described property and will be the de- velopers of the apartment/condorrdnium project which is the subject of this Decree. The said Maywoed Proviso State Bank, Trust No. 3698, and George B. Anderson and H. Richard Graham, d/b/a Venture Associates, are hereby made additional parties plaintiff in this cause and waive any summons with respect thereto. The real property is legally described as follows: That part of the North half of Section 11, Township 41 North, Range 11, East of the Third Principal Meridian, bounded and described as follows: Commencing on the North line of said Section tl a point 1327.30 feet West of the North East corner of said Section; thence South along a straight line, a distance of 488.98 feet to the North East corner of Town Development Company We-Go Park Unit No. 1 recorded as document 15940291; thence Westerly along the Northerly line of said Town Development . Company We-Go Park Unit No. 1 to the North East corner of Town Development Company We-Go Park Unit No. 2, recorded as document 16226233; thence West 961.52 feet to a point 344.63 feet south of the north line of gaid Section; thence North at right angles to said last described course 344.63 feet to the North line of said Section; thence East along the North line of said Section to the place of beginning, except the North 50 feet thereof taken for road pur- poses, in Cook County, Illinois. 3. The Zoning Ordinance of the Village of Mount Prospect, insofar as it restricts the portion of the above described property lying West of the center line of Cathy Lane, as extended, to use and develop only for purposes permitted in, and subject to, the applicable regulations and controls of the R-1 Single-Family Residence District under and by virtue of the said zoning ordinance of the Village of Mount Prospect, is valid and reasonable and does not deprive the Plaintiffs and any subsequent purchaser of their property with- out due process or in an invalid, arbitrary and unreasonable manner. 4. The Zoning Ordinance of the Village of Mount Prospect, insofar as it prevents the portion of the above described property lying East of the center line of Cathy Lane, as extended, from being used for and developed with single family residences and condominiums, subject to the conditions and restrictions hereinafter set forth in this Decree, is invalid and void and of no force and effect whatsoever; 5. The Plaintiffs or any subsequent purchaser shall be and they are hereby lawfully to construct up to Twelve (12) Single Family homes on the -2- West three (3.0) acres of said property. Of the remaining four and two-tenths (4.2) acres of said property, Plaintiffs or any subsequent purchase may con- struct an apartment/condominium complex containing up to eight (8) apartment/ condominium buildings with the total of one hundred sixty-eight (168) units, subject to the following terms and conditions which shall be set forth in a condominium declaration and byqaws recorded prior to the start of construc- tion: (a) Of the one hundred sixty-eight (168) units which may be constructed, there shall be eight (8) efficiency units, ninety-four (94) one (1) bedroom units, and sixty-six (66) two bedroom units. 0a) Each building shall contain no more than twenty-four (24) units. (c) No building shall be over thirty-four (34) feet in height and each Building shall conform to all construction and building ordinances, regulations and codes of the Village of Mount Prospect. (d) The developer shall provide one (1) parking space within the apartment/condominium complex for each unit constructed. (e) Units may be purchased and/or leased or otherwise occupied only by family units where the head of the household is fifty-five (55) years of age or older. For the purposes of this sub-section, one person living alone, fifty-five (55) years of age or older, shall be deemed a family unit. (f) Occupancy of all efficiency and one (1) bedroom units shall be limited to two (2) persons; occupancy of all two (2) bedroom units shall be limited to three (3) persons. · (g) All units shall be designed and built to suit the general housing needs of independent persons fifty-five (55) years of age or older, as the developer shall deem necessary. -3- (h) Common areas, such as 'walks, etc., shall be provided by the developer and shall be created in such a manner as to be suitable for use by persons Fifty-Five (55) years of age or older. (i) All buildings constructed within the apartment/condomium complex shall be substantially similar in appearance and shall be in conformity 'with the plan of the development, which is attached to this Decree as "Exhibit At', and hereby made a part hereof by this reference, and the Condominium Plat to be recorded pursuant to Section 5 of the Condominium Property Act (Ill. Rev. Stat., C. 30, Sec. 305).' (j) No exterior lighting fixture shall be arranged so that they cast direct light upon the property and 'windows of any adjoining residen- tial buildings or structures. (k) Surface water drainage from said property must be con- trolled in accordance 'with sound engineering practices, subject to the approval of the Village of Mount Prospect. (1) Prior to the commencement of construction, Plaintiffs will submit to Special Counsel for the Village of Mount Prospect and its Build- ing and Zoning Director copies of the Condominium Plat, the By-Laws, and the Condominium Declaration 'with respect to the project provided for by this Decree prior to their recording for the purpose of obtaining the approval of said Attor- ney and Director that said documents are in compliance 'with this Decree. 6. The parties hereby agree, and the Court finds and decrees, that for the purpcse of securing housing in the Village of Mount Prospect for family units as identified in Paragraph 5(e) herein, the Village has consented to a higher density and lesser parking than might be required for similar apartment/ condominium projects under the appropriate provisions of the zoning ordinances of the Village of Mount Prospect. Accordingly, the parties further agree, and the Court so finds and decrees, that it is in the interest of the health, welfare, -4- safety and morals of the residents of the Village of Mount Prospect that the provisions of this Decree with respect to the apartment/condominium project provided for herein shall not be altered, revoked or amended, except by further order of this Court and upon the consent of the Village of Mount Prospect, notwithstanding anything in the Condominium Property Act of Illinois, as amended, or may be amended, which would allow the removal of the subject property from the provisions of that Act, and which would allow changes in the Condominium Declaration and Plat by agreement of the unit owners. Nothing contained in this Section 6 shall be deemed a removal of the apartment/ condominium project from the terms and provisions of the Condominium Property Act of Illinois, as amended, or may be amended, except to the extent that any of the terms and provisions of said Act are in conflict with this Decree. 7. The provisions of this Decree shall be covenants running with the land and the condominium units, and shall be binding upon the parties hereto and their transferees, purchasers, assignees, heirs, devisees and successors in interest, and upon the transferees, purchasers, assignees, heirs, devisees and successors in interest of such persons. This Decree shall be recorded · with the appropriate officers of Cook County, Illinois. 8. Neither party to this proceeding shall recover of and from the other party any costs which such party may have sustained in connection with this cause, but any such costs having been paid, shall remain 'with and be taxes to the party 'which has heretofore incurred such costs. 9. Plaintiffs shall be given a credit against any water and sewer tap-in connection charge for the apartment/condominium project equal to the difference between the cost of 6" pipe and the 8" 'water pipe to be installed from Cathy Lane to the condominium project, plus the difference between the cost of constructing water, storm and sanitary pipes and sewers from the North edge of the apartment/condominium project to Central Road and the cost of -5- constructing said 'water, storm and sanitary pipes and sewers from the South edge of the apartment/condominium project to West Busse Avenue through the 20' public easement provided therefore. This credit shall not exceed one-half (1/2) of the total usual sewer and water tap-in fees to be charged to the apart- ment/condominium project. Any and all utility mains and pipes constructed by Plaintiffs pursuant to this paragraph 9 shall be conveyed and transferred by appropriate instruments to the Village of Mount Prospect after construction is completed. t0. This Court retains jurisdiction of the above entitled action for the purpose of permitting the parties to this Decree to apply to thi's Court at any future time for appropriate order or orders to enforce the terms and pro- visions of this Decree, and for such further orders and directions as may be necessary for the construction or implementation of this Decree. Dated this day of , 1976. ENTER: Judge Consented to: TOWN DEVELOPMENT CO., MAYWOOD PROVISO STATE BANK, as Trustee under Trust No. 3698, GEORGE B. ANDERSON and H. RICHARD GRAHAM, d/b/a VENTURE ASSOCIATES, Plaintiffs, By: Attorney for Plaintiffs 119 South Emerson ~_n4[l~ospect, Illinois 60056 Consented to: VILLAGE OF MOUNT PROSPECT, Defendant, By: Attorney for Defendant 120 South LaSalle Street Chicago, Illinois 60603 236-7809 '6-