HomeMy WebLinkAbout6. New Business 03/06/2012Village of Mount Prospect
Community Development Department
MEMORANDUM
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: DIRECTOR OF COMMUNITY DEVELOPMENT
DATE: FEBRUARY 27, 2092
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SUBJECT: EXTENSION OF ORDINANCE # 5838 — CONDITIONAL USE PERMIT FOR A
PRELIMINARY PUD FOR SENIOR HOUSING DEVELOPMENT
The Petitioner has requested an extension of the zoning approvals granted by the Village in 2011 for a
Preliminary Planned Unit Development to construct a senior housing development. The Petitioner has yet to
construct the development as-they have not been granted tax credits from the Illinois Housing Development
Authority. Therefore, the Petitioner is seeking approval to renew the requests for an additional year in hopes
that the tax credits are granted. Attached is a letter from the Petitioner requesting the extension of the
Preliminary PUD.
Please forward this memorandum and attached letter to the Village Board for their review and
consideration at their March 6th meeting. The Village Board would need to approve an amendment to
Ordinance #5838 to extend the Preliminary PUD for another year. Staff will be present at this meeting
to answer any questions related to this matter.
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William J. Cooney, Jr., AICP
Providing affordable housing for seniors
February 2, 2012
Mr. William I.. Cooney, Jr.
Director of Community Development
Village. of Mount Prospect
SOS . Emerson Street
Mount. Prospect, Illinois 60056
RE: Mount Prospect Horizon Senior Living Community, 1703 E..Kensington Road: request
for extension of Conditional Use Permit for Preliminary PUD
Dear Mr. Cooney:
I am writing to request a one -year extension of the. Conditional Use Permit for the approval
of a Preliminary .Planned Unit Development as granted under Ordinance #5853 (March 15,
2011.) There have been no changes to site and building plans that were:approved. under
the Ordinance. The reason that we need an extension is that we have not yet secured our
financing for the project.. As you `know; this will be an affordable housing development for
seniors and we are relying on tax credits and other financing from the'= llli.nois Housing
Development Authority (IHDA). The process for securing IHD,A. financing can be quite slow
and usually requires several attempts. We:applied to IHDA for Low Income Housing Tai
Credits and other financing in December 20'11 and are awaiting a decision. If we.are not
successful, we intend. to reapply to IHDA this spring for financing. Because ofthese, delays,
we will need.one more year to meet the requirements of the ordinance which includes
pulling a building permit:
We are still very much looking forward to bringing this much needed senior housing
development to Mount Prospect and appreciate your and the Village Board's patience.
Sincerely,
r etlr M. l).emes
Executive Director
4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax. (773).286 -1562
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 5838
GRANTING A CONDITIONAL USE PERMIT FOR THE
PRELIMINARY APPROVAL OF A PLANNED UNIT DEVELOPMENT
FOR PROPERTY LOCATED AT 1703 EAST KENSINGTON ROAD
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect, Illinois did
adopt Ordinance No. 5838 entitled "An Ordinance Granting a Conditional Use Permit for the
Preliminary Approval of a Planned Unit Development for Property Located at 1703 East
Kensington Road ", based upon a preliminary plan for the planned unit development (the
"Preliminary Plan "), at their regular meeting held March 15, 2011; and
WHEREAS, Section 14.503.0 of the Village Code of Mount Prospect requires that the final plan
for granting final approval of a conditional use permit for a planned unit development must be
submitted to the Village no more than one (1) year after approval of the Preliminary Plan; and
WHEREAS, the final plan, which is required to grant final approval of the conditional use permit
for the planned unit development for the property located at 1703 East Kensington Road, is due to
be submitted on or before March 15, 2012, and Petitioner requests an additional year within which
to submit that final plan; and
WHEREAS, the President and Board of Trustees find that it is in the best interests of the Village
to permit the extension requested by Petitioner.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by
the President and Board of Trustees of the Village of Mount Prospect.
SECTION TWO: Ordinance No. 5838 is hereby amended to extend the approval date of the
Preliminary Plan, as adopted by Ordinance No. 5838, from March 15, 2011, to March 15, 2012,
such that the final plan shall be submitted on or before March 15, 2013.
SECTION THREE This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of March, 2012.
ATTEST:
John J. Matuszak
Mayor Pro Tern
M. Lisa Angell
Village Clerk
MOUNT PROSPECT POLICE DEPARTMENT
FORMAL MEMORANDUM I CHF 12 -24
CONTROL NUMBER
TO: MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: JOHN K. DAHLBERG, CHIEF OF POLICE
SUBJECT: AMENDMENTS TO CHAPTER 20 OF THE MOUNT P SPECT
VILLAGE CODE: ANIMALS
DATE: FEBRUARY 29, 2012
On January 17, 2006, the Village Board adopted changes to Chapter 20 of the Village
Code, Article II, entitled: Dogs and Cats. Specifically, the Village Board adopted Section
20.207 entitled Vicious Animals, which established mandatory restraint protocols to be
followed by the owner of any animal declared vicious as defined in section 20.402 of the
Village Code. One of the critical elements of these protocols was the permanent
prohibition against walking a vicious animal on a public way.
Since January of 2006, approximately two dozen animals, all dogs, have been officially
declared vicious animals as defined in section 20.402 of the Village Code. Absent
reversing the declaration of their animal as vicious, I frequently receive feedback from
residents that the inability to regularly walk their animal on the public way (which is not
currently permitted by Section 20.207(A) of the Village Code) is a significant concern for
them and a quality of life issue for their animals. This rationale is not hard to follow, but
the ultimate goal of the ordinance is to ensure public safety at all times and in all places.
In recent months, the police department evaluated current Section 20.207(A)
requirements governing "Mandatory Restraint" with an eye towards identifying whether
that portion of the ordinance could be amended to address concerns of animal owners
over the loss of the ability to provide their animals with opportunities to exercise and at
the same time adequately ensure public safety.
At the February 14, 2012 Mount Prospect Village Board, Committee of the Whole
meeting, I reported the "Vicious Animal" Section of the Village Code (Chapter 20.207),
as written, is working well and meets the needs of the community. Likewise, I shared
with the Village Board the fact that the police department appreciates the position of
residents who have had their animals declared vicious and wish to exercise their
animals by walking them on the public way. I proposed amendments to Chapter 20
which would, subject to certain specific restrictions, permit a previously declared vicious
animal to be walked on the public way.
Page 1 of 2
MOUNT PROSPECT POLICE DEPARTMENT I CHF 12 -24
FORMAL MEMORANDUM
CONTROL NUMBER
The Village Board indicated it supported the proposed amendments to Chapter 20 and
directed staff to pursue revising Chapter 20 to incorporate same. The attached
Ordinance would revise Chapter 20 consistent with the direction provided to me by the
Village Board at the February 14, 2012, Committee of the Whole meeting. Specifically,
the revisions to Section 20.207 would permit a vicious animal to be on the public way
subject to the following:
Whenever a vicious animal is beyond the premises for the reasons permitted in
this subsection, the animal must be:
a. Securely muzzled;
b. Restrained by a chain or leash, not in excess of six feet (6') in
length, excluding a retractable chain or leash;
c. Chained or leashed to a three point harness, not a collar; and
d. Under the immediate and constant physical restraint of an individual
not less than eighteen (18) years of age.
Further, the revised Ordinance provides a mechanism by which the Office of the Chief
of Police can revoke the privilege of walking a vicious animal on the public way in the
event that he or she finds the vicious animal has bitten, attacked or caused injury to any
person or other domestic animal while being exercised. Such revocation shall be
effective upon service of notice of such finding upon the owner or custodian by personal
service or certified mail and shall be subject to a hearing in the manner provided in
subsections B(2) and B(3) of this Section.
I believe the revised Ordinance language reflects the direction provided my office by the
Village Board.
JKD:dr
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 20 OF THE VILLAGE CODE
OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING VICIOUS ANIMALS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE
POWERS:
SECTION 1: Section 20.207, "Vicious Animals ", of Article II, Dogs and Cats, of Chapter 20 of
the Village Code shall be amended as follows:
A. Subsection A(2) shall be deleted in its entirety and a new Subsection A(2) inserted, to be
and read as follows:
A vicious animal may only leave the securely confined premises for the purpose of
obtaining grooming, veterinary care, upon order of a court of competent jurisdiction, to
leave the village limits, or as provided in Subsection A(3) of this Section.
B. New subsections A(3), A(4) and A(5) shall be inserted, the remaining subsection to be
renumbered, to be and read as follows:
3. A vicious animal may leave the securely confined premises for the purpose of
exercise, obtaining grooming, veterinary care, upon order of a court of competent
jurisdiction, or to leave the village limits.
4. Whenever a vicious animal is beyond the premises for the reasons permitted in this
subsection, the animal must be:
a. Securely muzzled;
b. Restrained by a chain or leash, not in excess of six feet (6) in length, excluding a
retractable chain or leash;
c. Chained or leashed to a three point harness, not a collar; and
d. Under the immediate and constant physical restraint of an individual not less than
eighteen (18) years of age.
5. The exercising of a vicious animal, as provided in subsections A and B, shall be a
privilege subject to revocation by the Chief of Police in the event that he or she finds that
the vicious animal has bitten, attacked or caused injury to any person or other domestic
animal while being exercised. Such revocation shall be effective upon service of notice
of such finding upon the owner or custodian by personal service or certified mail and
shall be subject to a hearing in the manner provided in subsections B(2) and B(3) of this
Section.
282490_1 1
SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2012.
John J. Matuszak
Mayor Pro Tern
ATTEST:
M. Lisa Angell
Village Clerk
282490_1
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DA A' .
As you know, I appeared at the January 10, 2012 Committee of the Whole Meeting of
the Mount Prospect Village Board to review the requirements of Chapter 11, Article XI of
the Village Code entitled: Public Passenger Vehicles. I identified portions of the
ordinance the police department felt were no longer necessary in the current public
passenger vehicle operating environment to ensure public safety when utilizing same,
and could therefore be eliminated or amended. Specifically, I recommended eliminating
the current Article XI requirement to license individual taxicabs and require taxi drivers
to obtain chauffer licenses. Further, the police department senior staff believes
eliminating these requirements stands to improve department operating efficiencies and
better reflect local realities associated with the public passenger vehicle industry without
jeopardizing public safety moving forward.
In light of this review, the Village Board expressed support for my recommendations and
directed that Chapter 11, Article XI be amended consistent with the recommendations
put forth. Attached is an ordinance that amends Chapter 11 as proposed.
If you have any questions, please contact me.
JKD:dr
Attachment
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 AND APPENDIX A
OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING PUBLIC PASSENGER VEHICLES (TAXICABS AND LIVERY)
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE
POWERS:
SECTION 1: Subsection B of Section 11.102, "Rules and Definitions" of Article I, Purpose and
Definitions, of Chapter 11 of the Village Code shall be amended as follows:
A. The title and definition of "Chauffeur' shall be deleted.
B. The definition of "livery vehicle" shall be deleted and replaced with the following:
LIVERY VEHICLE: A public passenger vehicle, having a rated seating capacity of not
more than seven (7) persons, for hire only at a charge or fare for each passenger per trip
or for each vehicle per trip fixed by agreement in advance.
C. The definition of "public passenger vehicle" shall be deleted and replaced with the
following:
PUBLIC PASSENGER VEHICLE: Taxicabs and livery vehicles used for the
transportation of passengers for hire.
D. The definition of "taxicab" shall be deleted and replaced with the following:
TAXICAB: Any motor vehicle, having a rated seating capacity of not more than
seven (7) persons, carrying passengers for hire indiscriminately, accepting and
discharging such persons as may offer themselves for transportation.
SCTION 2: Article XI, "Public Passenger Vehicles ", of Chapter 11 of the Village Code shall be
amended by deleting the text in its entirety and inserting the following in its place:
Article XI, PUBLIC PASSENGER VEHICLES
11.1101: OPERATION OF PUBLIC PASSENGER VEHICLES:
Public passenger vehicles shall be operated in compliance with the provisions of the
Illinois Vehicle Code, 625 ILCS 5/1 -100 et seq., including, but not limited to,
requirements for insurance of motor vehicles.
11.1102: DESIGNATION OF TAXICABS:
A. Every taxicab shall bear on both sides of the vehicle the name of the taxicab
company and its telephone number. Such vehicle identification shall be in contrast to
the color of the vehicle and in lettering no less than two inches (2 ") in height.
C. Each taxicab shall bear on both exterior sides of the vehicle, in Arabic numerals, the
identification number assigned to such vehicle by the taxicab company in lettering no
less than three inches (3 ") in height. The taxicab identification number shall also be
280824_4 1
conspicuously located within the passenger compartment of said vehicle in lettering
no less than four inches (4 ") in height.
11.1103: ADDITIONAL PASSENGERS AFTER ENGAGEMENT:
After a taxicab has been hired by one or more persons traveling together, the operator
shall not pick up other persons without the express permission of the person or persons
first engaging the public passenger vehicle. An appropriate sign shall be posted
indicating the restrictions on shared rides.
11.1104: POSTING ESTABLISHED RATES AND CHARGES:
There shall be affixed on the inside of each taxicab in a place conspicuous to any person
riding in such taxicab, in a frame covered by glass or other transparent materials, a rate
card upon which card shall be printed in plain, legible type the rates of fare and charges..
11.1105: DUTY OF OPERATOR TO STOP RECORDING AND ISSUE RECEIPTS:
Upon termination of a trip, the taxicab driver shall stop recording on the taximeter and
shall call the passenger's attention to the fare registered. The taximeter shall not be
changed until the fare has been paid or a charge ticket therefor is made out and handed
to the person hiring the taxicab. Any passenger is entitled to receive, upon request, a
receipt for the fare paid, showing the name of the taxicab owner, the name of the driver,
the amount paid and the date.
11.1106: RIGHT OF OPERATOR TO DEMAND FARE IN ADVANCE; REFUSAL TO
TRANSPORT PASSENGERS:
The operator in control of any taxicab may demand in advance the payment of the fare
of the person desiring to be carried by such taxicab and may refuse to convey any
person who shall not comply with the demand; but no operator of a taxicab shall
otherwise refuse or neglect to transport any orderly person, upon request, anywhere in
the village unless previously engaged or unable to do so.
11.1107: DUTY OF PASSENGER TO PAY FARE:
It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after
hiring such taxicab.
11.1108: TAXIMETERS:
A. No taxicab shall operate with passengers for hire unless equipped with a functional
taximeter that shall be accurately recording the fare to be charged.
B. A taximeter shall be located so that its face can be seen by a passenger from the rear
compartment of the vehicle.
C. Adequate lighting facilities shall be provided for illuminating the face of the taximeter
so that it may be conveniently read by the passenger whenever the taximeter is in
operation.
D. Taximeters shall be equipped with an overhead indicator to indicate that the taxicab is
vacant or for hire when lit, and not for hire when extinguished.
E. No person shall tamper with, break or mutilate any taximeter, cable or seal thereof.
11.1109: LIVERY VEHICLE OPERATION:
280824_4
A. Livery vehicles shall not pick up or solicit passengers for hire from the streets.
B. Livery vehicles shall not park in taxicab stands.
C. Livery vehicles shall not indiscriminately accept passengers, but shall be limited in
scope of operation to carrying for hire on a contract basis at a price agreed upon prior
employment and by arrangement of the parties at the time of initial telephone contract
by the customer to the livery company.
11.1110: PENALTY FOR VIOLATION:
Any person violating this article shall be subject to a fine in the amount set in appendix
A, division I I I of this code.
11.1111: SEVERABILITY:
Each of the provisions of this article is severable, and if any provision shall be declared
to be invalid, the remaining provisions shall not be affected but shall remain in full force
and effect.
SECTION 3: Section 11.3410 of Article XXXIV, "Other Fees ", of Chapter 11 of the Village Code
shall be amended by deleting Subsection Q, "Public Passenger Vehicles" in its entirety.
SECTION 4: Appendix A, Division 1, "Bonds, Salaries, Insurance and Miscellaneous ", of the
Village Code shall be amended by deleting Section 11.1105: Insurance Required (Taxicabs), in
its entirety.
SECTION 5: Appendix A, Division 2, "Fees Rates and Taxes ", of the Village Code shall be
amended as follows:
A. Deleting the following in its entirety:
Section 11.02 APPLICATION:
Nonrefundable fee: $10.00
Section 11.1120: CHAUFFEUR LICENSE APPLICATION:
A. Nonrefundable applicable fee: $10.00.
B. Subsection Q, "Public passenger vehicles," of Subsection 11.3410, "Other Fees ", shall
be deleted in its entirety.
SECTION 6: Appendix A, Division 3, "Penalties and Fines ", of the Village Code shall be
amended by deleting the number "11.1141" and replacing it with the number "11.1110 ", and
deleting the word "Taxicab" and replacing it with the phrase "Public Passenger Vehicle ", to be
and read as follows:
Section 11.1110: PENALTY FOR VIOLATION (PUBLIC PASSENGER VEHICLES):
Fine: Not less than $500.00 nor more than $2,500.00.
280824_4 3
SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2012.
John J. Matuszak
Mayor Pro Tern
ATTEST:
M. Lisa Angell
Village Clerk
280824_4
KLEIN, THORPE & JENKINS, LTD.
Attorneys at Law
20 N. Wacker Orive, Ste 1660
Chicago, Illinois 60606 -2903
T 312 984 6400 F 312 984 6444
OO 312 984 6468
emhilliktjlaw.com
MEMORANDUM
TO: Michael E. Janonis
Mount Prospect Village Manager
FROM: George A. Wagner
Assistant Village Attorney
DATE: March 1, 2012
15010 S. Ravinia Avenue, Ste 10
Orland Park, Illinois 60462 -5353
T 708 349 3888 F 708 3491506
RE: Amendment to Chapter 11 in regard to Solicitation
www.ktilaw.com
i
As you know, Chief Dahlberg suggested that the Village Board review the requirements
of Article XXVIII, Chapter 11 of the Village Code, in regard to solicitation, because the
registration requirements were onerous for the Police Department and he was
concerned that the present requirements might not meet Constitutional muster. In
response, we conducted a review of those provisions and agree that certain of the
provisions, especially the Police Chief's discretion to approve /revoke solicitor
registration, were problematic.
In light of this review, I understand that the Village Board intends to eliminate the
registration requirements and to limit enforcement of solicitation to those cases in which
an owner or occupant of property has restricted solicitation by the placement of a sign to
that effect at the property. Attached is an ordinance that amends Chapter 11 as
proposed.
If you have any questions, please contact me.
c: Dave Strahl, Assistant Village Manager
Lisa Angell, Village Clerk
John Dahlberg, Police Chief
Mike Semkiu, Deputy Police Chief
Everette M. Hill, Jr., Village Attorney
282741_1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11,
"MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", AND
APPENDIX A OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS,
REGARDING SOLICITATION
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS
HOME RULE POWERS:
SECTION 1: Section 11.102 of Article I, entitled "PURPOSE AND
DEFINITIONS ", of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS
AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended as
follows:
A. Delete the word "CANVASSER" and replace it with the word "CANVASSING,"
the text to remain.
B. Delete the following definition and language in its entirety:
REGISTERED SOLICITOR: Any person who has obtained a valid
certificate of registration as hereinabove provided, and which certificate is
in the possession of the solicitor on his or her person while engaged in
soliciting.
SECTION 2:
Section 11.2819 of
Article
XXVIII, entitled
"SOLICITORS;
REGISTRATION ",
of Chapter 11,
entitled
"MERCHANTS,
BUSINESSES,
OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be
deleted in its entirety and replaced with the following:
11.2819 Solicitation in Violation of Sign
It shall be unlawful for any person to engage in the business of "soliciting"
or "canvassing," as defined in Article I of this Chapter, upon any premises
within the corporate limits of the Village wherein an owner or occupant has
posted a notice stating "SOLICITATION PROHIBITED" OR "NO
SOLICITORS INVITED," as provided in Section 11.2821 of this Article.
282559_1 1
SECTION 3: Section 11.2821of Article XXVIII, entitled "NOTICE REGULATING
SOLICITING', of Chapter 11, entitled "MERCHANTS, BUSINESSES, OCCUPATIONS
AND AMUSEMENTS ", of the Mount Prospect Village Code shall be amended as
follows:
A. The following language shall be deleted from Subsection (A):
ONLY SOLICITORS REGISTERED
WITH THE MOUNT PROSPECT
POLICE DEPARTMENT INVITED
and replaced with "NO SOLICITORS INVITED ".
B. The last sentence of Subsection B shall be deleted, to be and read as
follows:
B. The letters shall be at least one -third inch (1/3 ") in height.
SECTION 4: Subsection A of Section 11.2822 of Article XXVIII, entitled "DUTY
OF SOLICITORS ", of Chapter 11, entitled "MERCHANTS, BUSINESSES,
OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be
deleted in its entirety and replaced it with the following:
A. It shall be the duty of every solicitor when going onto any premises to first
examine any notice posted as provided in Section 11.2821 of this Article,
and to be governed by the statement contained on the notice. If the notice
states "SOLICITATION PROHIBITED" or "NO SOLICITORS INVITED ",
then the solicitor shall immediately, without further notice, leave the
prem ises.
SECTION 5: Section 11.2823 of Article XXVIII, entitled "APPLICATION FOR
REGISTRATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES,
OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be
amended by deleting Section 11.2823 in its entirety, the remaining Sections to be
renumbered numerically.
282559_1 2
SECTION 6: Section 11.2824 of Article XXVIII, entitled "INVESTIGATION AND
ISSUANCE OF REGISTRATION CERTIFICATE ", of Chapter 11, entitled
"MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount
Prospect Village Code shall be amended by deleting Section 11.2824 in its entirety, the
remaining Sections to be renumbered numerically.
SECTION 7: Section 11.2825, renumbered Section 11.2823, of Article XXVIII,
entitled "LIMITATIONS ON SOLICITATION ", of Chapter 11, entitled "MERCHANTS,
BUSINESSES, OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village
Code shall be amended by deleting the phrase "whether registered under this article or
not," so that the renumbered Section 11.2823 shall read as follows:
It is hereby declared to be unlawful and shall constitute a nuisance
for any person to go upon any premises and ring the doorbell upon or near
any door of a residence located thereon, or rap or knock upon any door, or
create any sound in any other manner calculated to attract the attention of
the occupant of such residence, for the purpose of securing an audience
with the occupant thereof and engage in soliciting prior to nine o'clock
(9:00) A.M. of any weekday or Saturday, or after eight o'clock (8:00) P.M.
on any weekday or Saturday during daylight- saving time, or prior to nine
o'clock (9:00) A.M. of any weekday or Saturday or after six o'clock (6:00)
P.M. of any weekday or Saturday during central standard time, or at any
time on a Sunday or on a state or national holiday.
SECTION 8: Section 11.2826 of Article XXVIII, entitled "REVOCATION OR
DENIAL OF REGISTRATION ", of Chapter 11, entitled "MERCHANTS, BUSINESSES,
OCCUPATIONS AND AMUSEMENTS ", of the Mount Prospect Village Code shall be
amended by deleting Section 11.2826 in its entirety, the remaining Sections to be
renumbered numerically.
SECTION 9: Appendix A, Division I, entitled "Bonds, Insurance, Salaries and
Miscellaneous ", of the Mount Prospect Village Code shall be amended by deleting the
following in its entirety:
282559_1 3
Section 11.2803: BOND (Solicitors):
Bond: $1,000.00.
SECTION 10: Appendix A, Division III, Penalties and Fines, of the Mount
Prospect Village Code shall be amended by deleting the reference to "Section 11.2827"
and replacing it with "Section 11.2825."
SECTION 11: This Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
ATTEST:
day of
2012
John J. Matuszak
Mayor Pro Tem
M. Lisa Angell
Village Clerk
282559_1 4
Mount Prospect ff
6/ Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
"T� • H'
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 29, 2012
SUBJ: ORDINANCE RATIFYING THE SALE OF SURPLUS STREET
THE CITY OF OAK FOREST, ILLINOIS ($25,000)
In September 2010, the Village Board authorized the sale of a 2002 Elgin street sweepepl'as
surplus equipment. The ordinance memorializing this action specifically authorized cond6cting
this transaction at the Northwest Municipal Conference live vehicle auction or via the
GovDeals.com Internet site.
Past experience with the Northwest Municipal Conference live vehicle auction suggested that
specialized vehicles, such as street sweepers, do not garner attractive bids in that forum.
Therefore, staff elected to forgo the live auction and market the vehicle exclusively at
GovDeals.com.
The sweeper was marketed at GovDeals.com in 2011. Unfortunately, none of the bids received
satisfied the minimum bid requirement of $25,000. The minimum bid requirement was
established by staff as a fair market price given the age and condition of the sweeper. The
highest bid received was $16,500.
After the GovDeals.com bidding was closed, staff received a written offer to purchase the
sweeper for $25,000 from the City of Oak Forest, Illinois. A representative of the Oak Forest
Public Works Department explained that he had noted the availability of the sweeper on
GovDeals.com but was unable to participate in the auction due to limitations of the City of Oak
Forest purchasing policy.
With your approval, the Oak Forest offer was accepted. A check in the amount of $25,000
payable to the Village of Mount Prospect and drawn on the bank account of the City of Oak
Forest was received on February 29, 2012. Title to the sweeper was subsequently transferred.
Oak Forest will take physical possession of the sweeper on March 1, 2012.
The attached ordinance ratifies your decision. Please forward this matter for the Village Board's
consideration at their March 6, 2012 regular meeting.
Sean P. Dorsey
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN PERSONAL
PROPERTY OWNED BY THE VILLAGE OF MOUNT PROSPECT
WHEREAS, pursuant to Ordinance No. 5817, which was adopted on September 21, 2010, the
President and Board of Trustees of the Village of Mount Prospect declared that a 2002 Elgin Pelican P-
3753-D street sweeper (the "Street Sweeper "), owned by the Village of Mount Prospect, was no longer
useful or necessary to the Village and that the best interests of the Village would be served by selling the
Street Sweeper at auction or by internet sales to the highest bidder; and
WHEREAS, the Street Sweeper was not sold at auction or by internet sales, as the result of
unacceptable bids; and
WHEREAS, the City of Oak Forest, an Illinois municipal corporation, thereafter offered to
purchase the Street Sweeper for the amount of TWENTY -FIVE THOUSAND DOLLARS ($25,000), which
amount exceeded all prior bids; and
WHEREAS, based upon the City of Oak Forest's offer to purchase the Street Sweeper and the
previously low bids for such sale, Village Manager Michael Janonis approved the sale of the Street
Sweeper to the City of Oak Forest, which sale was thereafter consummated.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF
THEIR HOME RULE POWER:
SECTION ONE: The foregoing recitals are an integral part of this Ordinance and are
incorporated herein as if fully set forth.
SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby
declare that the sale of the Street Sweeper was in the best interests of the Village and ratify the actions of
Village Manager Michael Janonis in his approval of the sale to the City of Oak Forest.
SECTION THREE: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ days of , 2012.
John J. Matuszak
Mayor Pro Tern
ATTEST:
M. Lisa Angell
Village Clerk
1
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2012 OFFICIAL ZONING MAP
FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
WHEREAS, as mandated by the Illinois Compiled Statutes 5/11- 13 -19, the Corporate
Authorities shall cause to be published no later than March 31 of each year, a map
showing the existing zoning uses, divisions, restrictions, regulations and classifications
for such municipality for the preceding year.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The President and Board of Trustees of the Village of Mount Prospect
do hereby adopt and approve the 2012 Mount Prospect Official Zoning Map, attached
hereto and presented as "Exhibit A."
SECTION TWO: This resolution shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of March, 2012.
John J. Matuszak
Mayor Pro Tem
ATTEST:
M. Lisa Angell
Village Clerk
H: \CLKO \WIN \RESOLUTION\Zoning Map,2012.doc
VILLAGE OF MOUNT PROSPECT
OFFICIAL ZONING MAP
Effective: March 31, 2012
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Zoning
Districts
B1, OFFICE
R1, SINGLE - FAMILY RESIDENTIAL
B2, NEIGHBORHOOD SHOPPING DISTRICT R2, ATTACHED SINGLE - FAMILY RESIDENTIAL
B3, COMMUNITY SHOPPING
R3, LOW - DENSITY RESIDENTIAL
B4, COMMERCIAL CORRIDOR
R4, MULTI - FAMILY DEVELOPMENT
B5, CENTRAL COMMERCIAL
R5, SENIOR CITIZEN RESIDENCE
135C, CENTRAL COMMERCIAL CORE
RA, SINGLE - FAMILY RESIDENTIAL
RX, SINGLE - FAMILY RESIDENTIAL
CR, CONSERVATION RECREATION
XX, UNINCORPORATED COOK COUNTY
11, LIMITED INDUSTRIAL
12, RAILROAD
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OR, OFFICE RESEARCH
P1, OFF STREET PARKING
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Miles
IN THE MATTER OF THE APPEAL OF
CRYSTAL HEALTH SPA, d /b /a EXERCISE SPA,
1735 W. ALGONQUIN ROAD, MOUNT PROSPECT, ILLINOIS,
BUSINESS LICENSE NO. 148 FROM THE ORDER OF REVOCATION
ISSUED BY THE VILLAGE OF MOUNT PROSPECT HEARING OFFICER
FINAL ORDER
On February 28, 2012, the Corporate Authorities of the Village of Mount Prospect
conducted a hearing pursuant to the Mount Prospect Village Code on the appeal of the licensee
from the Order of Revocation issued by Hearing Officer David Strahl on December 14, 2011.
Prior to the hearing on the appeal, the President and Board of Trustees were provided with a
transcript of the original hearing on the charges and with the findings and Order of the Hearing
Officer.
The President and Board of Trustees conducted an "on the record" review of the matter,
heard arguments of counsel and conducted their deliberations with respect to the appeal.
Based on the foregoing, the President and Board of Trustees hereby find as follows:
1. Charges were filed, the initial hearing was held and the appeal of the matter
before the President and Board of Trustees were all accomplished in the manner provided by
law.
2. Both parties to the appeal were represented by counsel of their own choosing.
3. The filing of charges, the conduct of the initial hearing and the hearing on the
appeal were all accomplished according to applicable law.
4. The President and Board of Trustees specifically find that pursuant to the Mount
Prospect Village Code, every business licensee is to be held responsible for the actions of the
agents and employees of the licensee as if those actions were his or her own.
5. The President and Board of Trustees further specifically find that given the
egregious nature of the activities of the licensee's employee that revocation of the license was
the appropriate order.
IT IS THEREFORE ORDERED that the decision of the Hearing Officer is affirmed both
as to the findings and the assessed penalty of revocation. Business License No. 148 is
therefore revoked as of 11:59 p.m., March 7, 2012.
A copy of the transcript of the hearing on appeal shall be attached to this Order.
Dated:
JOHN J. MATUSZAK
Mayor Pro -Tem
Mount Prospect
282740_1