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Home My WebLink About1606_0011TY,"illal e of Mfount Prospecip, Mount Prospect, Illinois I INTEROFFICE MEMORANDUM TO: MAYOR CAROLYN H. KRAUSE AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: SEPTEMBER 14, 1982 SUBJECT: LIQUOR LICENSE REQUEST - GIORDANO'S PIZZA The Village has received a liquor license application from America's Best Pizza, Inc., d/b/a Giordano's of Mount Prospect, at 812 Rand Road, formerly JoJo's Restaurant which held a Class R Liquor License. The Village Manager interviewed the President and Vice President of the corporation on Tuesday, September 14. They are seeking a Class R Liquor License, restaurant -consumption at dining tables only. The President of the corporation, Mr. Boglio,. states that he has been in business since 1974 and owns 11 restaurants operating under the name of Giordano's. Restaurants near us currently in operation are in Willowbrook on Plainfield Road just east of 83 and in Evanston at 500 Davis Street. Their main office and restaurant is at 1840 North Clark Street in Chicago. They also have a restaurant in Champaign, Illinois. They will be subleasing the property on Rand Road and have initiated steps to remove some existing kitchen equipment and install their own equipment. They do not anticipate changing the seating arrangements and hope to have the operation open for business in the early weeks of October. Their reputation in the pizza business is quite good and the Village Manager has visited one of their stores when it was operating in the southern suburbs-. They intend to be a family operation and had the choice of three locations and chose Mount Prospect as appearing to be the most successful location. I All their documents appear to be in order and we have no information that would cause us to recommend denial of the license. The staff is exploring whether or not any Zon.ing changes or updates are required since the Jojo's Restaurant has been vacant for a number of months. These matters are being explored by the Department f Community Development and if any changes are required, 'hey would be procedural and not substantive. Department required u m en ed 't hey y TER E -RI, N BUG ARD TLB/rcw attachment Village Mi'f Mount Prospect Mount Prospect, Illinois I U T E i+0 F F I C E M E M 0 WW -- 1W A"t- "Alf 4 A4 vol" TO: VILLAGE MANAGER TERRANCE L. BURGHARD FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: SEPTEMBER 14, 1982 SUBJECT: GIORDANO'S PIZZA AT RAND AND APPROXIMATELY LOUIS I have reviewed the plans for Giordano to convert Jojo's Restaurant into the pizza parlor with bar service. It appears the only problem that we have is a transitional yard requirement that is picked up from the fact that the zoning across the street is R-1 single family which requires the adjoining property on the other side of the street to have the same set back; that is a 30 -foot set back. The building encroaches approximately 8 feet into the transitional yard requirement of 30 feet. It would appear that is the only major problem that they have to deal with. It's my recommendation that we may wish to go through the motions on the transitional yard but it is not that much to be excited about. We have not administratively set aside these particular yards in the past. I look for your direction in this regard. I think eventually we would like to change the standard as it applies to residential districts that basically are not going to be developed in that fashion.--., If you have any in Couch questions, please feel free to ge, ch with me. e in t o, a. KENNETH H. FRITZ KHF /rcw M. 10 f V1,...,.�LAGE OF MOUNT PRO SPE C COOK COUNTY, ILLINOIS LOCAL LIQUOR CONTROL COMMISSION APPLICATION FOR RETAIL LLQUOR DEALER'S LICENSE NEWAL N'4W 11qfii& H norable Carolyn H. Krause, Village President and Local Liquor Control Commissioner Village of Mount Prospect, Illinois Pursuant to the provisions of the Municipal Code of Mount Prospect of 1957, known as Section 13.103, passed by the Board of Trustees of s,al Id Village on the 15th day of January, 1957, as amended, regulating sale of alcoholic liquors in the Village of Mount Prospect, County of Cook, State of Illinois: JaN IC k A 10, ON S The undersigned,, A tk sf�.sf C -L-1 _Itko. 0191 pt I? aospe.C,:y hereby makes appl.lication for a Class 13'-'quor dealer"s - -license for the period ending April 30, 19 and tenders the sum of $ 00 1 1 _R;�, a- . ............ . th, prescribed fee as set forth in the following: SCHEDULE OF ANNUAL FEES FOR THE SEVERAL CLASSES OF RETAIL LIQUOR DEALERS' LICENSES (Section 13.106): SS A: Retail package and consumption on premises $2,000.00 SS B: Consumption on premises only $1,500.00 SS C: Retail package only $1,500.00 SS D Non-profit private clubs, civic or fraternal organizations; consumption on premises only $ 300.00 SS E-* Caterer's license $1,500.00 CL;SS G Park District Golf Course; beer and wine, consumption on premises, only $ 300.00 CLASS L: Late Hour license $2,500.00 CLASS M: Hotels, motels, motor inns, motor lodges; retail package and consumption on premises $2,500.00 CLASS P: Retail package - refrigerated and non - refrigerated beer and wine only - no consumption on premises $1,250.00 CLASS R: Restaurant - consumption at dining tables only $1,500.00 CLASS S: Restaurant with a lounge $2f 000.00 CLASS V.- Retail package - wine only $1,000.00 CLSS W: Restaurant - consumption of beer or wine only and at dining tables only $1$000.00 SURETY BOND REQUIRED $1,000.00 EACHLICENSE TERMINATES ON THE 30TH DAY OF APRIL, NEXT FOLLOWING DATE, iness as doing bus* YotUr petitioner., 'r. FV-1cT respectfully requests permission to operate a retail liquor business at Mount Prospect Illinois. Description and Name of Premises :t 11-!& ", r < OL Aft --Is! (Description must be comp Tete as 't-o–Tiloon ron age, Name of Owner of Premises: If Owner of record is a land trustee, attach copy of Land Trust Agreement. If not Owner, does applicant have a lease? 4fSState date applicant's lease expires: 0-ejc),!4- If not Owner, attaE–Hl —Copy of lease hereto. Is applicant an individuall a �corporation a co -partnership, or an % association? (Circle one) If an individual, state your name, date, birth, addressi telephone number and Social Security Number: IN If co -partnership, state name, date of birthp addressp telephone number and Social Security Number of each person entitled to share in the rofit thereof: ps If a co -partnership, give the date of the formation of the partnership: H / A If a corporation, give state and date of incorporation: i% jq /w -7,C If a corporation incorporated in a state other than the State of Illinois, indicate date qualified under Illinois Business corporation Act to transact business in Illinois: If a, corporation,give 'names,, addresseo,,, dates of' birtho telephone numbers, and Social. Security umbers of off* icers and directors. Also list the names addresses,, dates 0,f birth and Social Securii-ty Numbers of shareholders owning in the aggregate more than 5% of the Stock of such corporation, # NAME N 000 J, -- Date of Birth : -6 q L%out Zo 0 2,t ix ez Date of B1rth:3k1,;g Date of ADDRESS OFFICE and/or PERCENT OF STOCK HELD Social Security #1 1 1 -AW0, -,3! W1 Phone #431 01 -13 9 4? Social Security #)40 Phone k L e Q1 Kok Social Security ko, 1-4,, Phone # 1430 Date of Birth: octal security Phone # - 2 - jects for which organization is formed:0 ST ksl - P LAt 14'.."Ca 1111 Q F 4T IF an individual, a co -partnership, a corporation or an association, has the applicant or any of the partners, incorporators, directors, officers, agents, or stockholders ever been convicted of a felony or a misdemeanor.? N io If so, explain*.,, I# applicant is an individual, state age: Marital Status: I, applicant a citizen of the United States? If a naturalized citizen, state date and place of naturalization: H,cw long has applicant been a resident of Mount Prospect continuously next p.'forto the filing of this application? Telee phonNo. State character or type of business of applicant heretofore :_RfsTRV ?, k E alate amount of goods, wares and merchandise on hand at this time:../VOqJE FE H long has applicant been in this business? I, the applicant an elected public official? NO If so, state the pirticulars thereof: ... . ....... I --------- - - __ .... .. . . ........... ... .... ... ..... . . .. _- any other person directly or indirectly in applicant's place of business, elected public official? N 0 the case of an application for the renewal of a license, has the applicant made any political contributions within the past 2 years? too If so, state the particulars thereof. - Does the applicant hold any law enforcement office? so, designate t t 1 e RA Does the applicant possess a current Federal Wagering or Gambling Device St Mp?, R If so, state the reasons therefor: ,as applicant ever been convicted of a gambling offense as presented by any of subsections (a) (3) through (a) (10) of Section 28-1, or as p escribed by Section 28-3 of the ''Criminal Code of 1961" as heretofore or hereafter amended? NO If so, list date (s) of said conviction(s): Has applicant ever made similar application for a similar or othq license on premises other than described in this application? If so, state disposition of such application :__�, 3 Is applicant qualified to r,qeive state and federal license to operate an alcoholic liquor business.? � Has applicant ever had a previous license revoked by the federal goverralent or by any state or subdivision thereof? .1 11 R.0 If so, explain: Nm,c� Is applicant disqualified to receive a license by reason of any matter or thing construed by this ordinance, the laws of this state or other ordinances of this Village? Does applicant agree not to violate any of the laws of the State of Illinois, the United States of America, or any of the ordinances of the Village of Mount Prospect in the conduct of his place of business? 11- 4 E S.- - ......... .. Does applicant currently carry Dram Shop Insurance coverage? If "Yes," attach copy. If applicant is not the ownero .the premises, does the owner thereof carry Dram Shop Insurance coverage? (If the answer to either of the foregoing questions is "No," *,.olicens'e shall issue.) Does surety bond required by ordinance accompany this application at the time of filing? State name and address of each surety next below: otj Give name, address, date of birth, telephone number and Social Security Number of manager or agent in charge of premises for which this application is made: APPLICANT Corporate Seal (If applicant --I-s corporation) Who, first being duly sworn, under oath deposes and says that he is/are the applicant for the license requested in the foregoing application.; n; that he is/are of good repute, character and standing, and that answers to the questions asked in the foregoing application are true and correct in every detail. STATE OF ILLINOIS ) SS. COUNTY OF COOK Subscribed and Sworn to before me this day of 19 ,A.D. Notary Public NOTARY PUBLIC STATE OF ILLINOIS JAY COMA I S S I ON EXPIRES SEPT 2 7 19 93 ISSUED THRU ILLIN0ti, Local Liquor Control Commissioner - 4 - I PEER PETIERSEN RICHARD V. HoUPT GEORGE 1. PLUMB JAMES K. STUCKO PETER (XI'", ONNELL KELLY THOMAS It.. KELLY DAVIDSON (: REGORY J. PERRY DAVID C. NEWMAN HER13ERT,J. LINN PAUL S. ALTMAN J. DAVID 5'A'NNER LAw OFFICES PEDERSEN & 0 -U - `T A PROFESSIONAL CORPORATION 180 NORTH LASALLE STREET - SUITE 3400 CHICAGO, ILLINOIS 60(301 (312) 641-6886 September 7, 1982 Mr. Terrance L. Burghard Village Manager Village of Mount Prospect 100 South Emerson Street Mount Prospect, IL 60056 A Re O'Hare Air ort Liti2ation - Settlement Dear Mr. Burghard: ALICE GOULD JAMES J. CLARKE 11 THEODORE E. CORNELL III JONATHAN B. GILBERT MARILEE Roj3ERc, MARC D. JANSER THOMAS F. BRETT 11 ALLAN I. NATHAN ARTHUR M. HOLTZMAN DONALD J. MORAN JOHN P. BURKE JOHN H. MUEHLSTEIN ARTHUR B. STERNBERG STEVEN M. STONE PATRICIA J. COONS JAMES K. HENEGAN JEFFREY H. FRANK ROBERT M. SKOWRONSKI LINDA B. MOTZ OF COUNSEL GERALD H. PuoH Enclosed herein is a copy of a Resolution to approve and authorize the execution of a Consent Decree and Agreement re- garding settlement of the litigation filed against expansion activities at Chicago -O'Hare International Airport. Copies of the Consent Decree and Agreement are attached to the Reso- lution and I am also enclosing a copy of an office memorandum explaining this matter. Would you please review these documents and place this matter on the agenda for Board action on September 21, 1982. v David C. Newman DCN-.mb Enc ls. Very truly yours 11 bi E M 0 R A N D U Iq TO: Dick Houpt and Dave Newman FROM: John Burke REI: Village of Mount Prospect/O'Hare Airport L�,;,-_iqation,, Scott v. Butterfield We have been monitoring the above lawsuit ira which the Villag(;w #f Mount Prospect had appeared as an intervenor. IZ-he part Ifes have now reached a settlement, and the settlement is du -%-A. to be filed open court on September 28, 1982. Attached to this memorandum is w."Ich a copy• of a draft agreement and consent decree W embodies the terms of the settlement agreement. The relief sought in the, .&.0 complaint filwas tthe FA 16. file environ- origina ed o require A mental impact statements prior to taking any furthajr action at the airport and to file environmental impact staite.-,ents for a runway already built. The suit claimed that increased operations at O'Hare would result in increased air pollution, =creased noise, and inconvenience to the surrounding residenis and clormunes. The complaint would -not have provided any sub- stantive relief to the co=ines, such as reduct-Jon of pollutants or noise,, The settlement agreement will not actually provide substantive relief, but it does go beyond the relief sought in the.original complaint. The consent decree provides that aiil `uturie develop- mient at 0 1_1 CQTnn,1_V )Plicable re=airerments for environmental analysis . it does not require impact statementt b' provided for any development- ait the airport which has already been approved or undertaken. In paragraph l(e), the communities who are s4,,_%-.n_atory to the agreement agree that they will not oppose a renjeal by the FAA, ,syr a the high density airport's rule. This r -u -'em, involves departure and arrival of planes at high density such as O'Hare, A plane is not allowed to leave fro.,," -Ity such as St. Louis if there is not available space for to land at O'Hare. This rule causes flight delays when a Plai-ne cannot take off until it receives ap-oroval from the cil:y which -1 it is Oying to. United Airlines has filed a peon seeking t=-hatC this rule be repealed. The FAA is considering whethe_- ta abolish the rule or to maintain Richard Troyf who represe;nt.-s a number of the municipalilties in the suit, indicates that h_ -e does not expect the FAA will repeal the rule and that if do, it woulc probably, be • on a,national basis rather than just a -z O'Hare. He stated that the communities have made their posit -ions known to iI r ww� • r b 'Awri P all r -4 i i "MII' the agreement provides for continuing attempts to achieve noise abatement at the airport and provides for a noise monitoring device which will seek to determine noise levels ajt-- various locations,," It is expected that the noise monitorin i riaq device may prove useful in dete=ining violators of to-w-er orders,, who may fly too low or in an unapproved area, the.reby creating excess noise. Judge Roszkowski has set a status hearing da -16:e of September 28. Therefore, the Village of Mount Prospect should consider this agreement as soon as possible and all steps necessary for approval of the agreement should be taken. I assv*:k.=6== there will be no objection from Mount Prospect and that theywill, gladly sign this agreement since they have indicated that 'wthe ywould agree to this position achieved by the attorney general and other more active suburbs. Richard Troy has info*=�=*d me that a copy of the consent decree and agreement for sig=a"J%-_ure will be provided within the next several weeks. This agreement will contain all necessary exhibits and will be provided to each ,community. si*nce It may, be some time before all tohe formal documentcation is received,'it maybe advisable to forward a copy py of the draft decree and agreement to Mount prospect 3-OsPect for revlew. Please inform me if you would like me to' con -tact Mount Prospect or if you want me to take any further action on this lawsuit at this time. Also attached isa copy of a sample resolution. JPB/nzn RESOLUTION NO. A RESOLUTION APPROVING AND AUTHORIZING EXECUTIO OF AN AGREEMENT AND CONSENT DECREE PERTAINING T CHICAGO-O'HARE INTERNATIONAL AIRPORT LITIGATION WHEREAS, the Village of Mount Prospect has intervened in that certain litigation pending in the United States District Court for the Northern District of Illinois, Eastern Division, captioned, ' State of Illinois ex rel William J. Scott, et al. v. Alexander P. Butterfield, et al.,, Clerk's Cause No. 74 C 2410 ("Butterfield case"); and WHEREAS, said litigation sought to require the City of Chicago as the proprietor of f O'Hare International Airport ("O'Hare") and the Federal Aviation Administration ("FAA") to conduct environmental impact studies to ascertain methods, procedures, or equipment to lessen the noise,, air and water pollution caused by O'Hare; and WHEREAS, the City of Chicago has developed a Master Plan for future development at O'Hare- and WHEREAS, the City of Chicago and other parties in the litigation have negotiated an Agreement and a Consent Decree to be entered in the Butterfield case, which documents guarantee a suburban community input in noise abatement at O'Hare (copies of which without exhibits are attached hereto and made a part of this Resolution by reference) ; and WHEREAS, said Agreement and Consent Decree represent a first positive and major step in noise monitoring and noise abatement at O'Hare; and WHEREAS, said Agreement and Consent Decree will require the City of Chicago to prepare and the FAA to evaluate a full Environmental Impact Statement identifying, evaluating, and minimizing noise, air, and water pollution before any future implementation of the Master Plan beyond those facilities set forth in said documents. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois: SECTION ONE: The Consent Order and Agreement, substantially as contained in the attached copies thereof, are hereby approved. SECTION TWO: The Mayor is hereby authorized and directed to execute the said Consent Decree and Agreement on behalf of this Village. SECTION THREE: This Resolution is in full force and effect on its passage and approval in accordance with law. PASSED AND APPROVED this day of 0 1982. , NAYS -. . . . .... x BMW F.M695mm It appearing to the Court that: 11 This action initially was brought by the State of Illinois "The People") against officials of the Federal Aviation Administra- ion ("FAA") and others to obtain injunctive and declaratory 'relief rom the alleged uncontrolled increase in aircraft operations nd noise and air pollutant levels at O'Hare International Airport" "O'Hare"}; that the action claimed violations of the National nvironmental Policy Act of 1969, 42 U.S.C. 54321, et seq., and the nRAFT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NATE OF ILLINOIS, ex rel tILLIAM J. SCOTT, Attorney ;eneralf and PEOPLE OF THE «TATE OF ILLINOIS ex rel 1ILLIAM J, SCOTT, Attorney 'eneral, Plaintiffs, ve No, 74 C 2410 LEXANDER P. BUTTERFIELDj, dministratorr Federal Aviation dministration,r and JOHN CYROCKIr irector, Great Lakes Region, * ederal Aviation Administration, nd ROBERT D,'TIMM, WHITNEY ILLILLAND, JOSEPH MINETTIF LEE 1* WEST and RICHARD J. 01MELIAr hairman, Vice -Chairman and embers, Civil Aeronautics Board.. Defendants. CONSENT DECREE It appearing to the Court that: 11 This action initially was brought by the State of Illinois "The People") against officials of the Federal Aviation Administra- ion ("FAA") and others to obtain injunctive and declaratory 'relief rom the alleged uncontrolled increase in aircraft operations nd noise and air pollutant levels at O'Hare International Airport" "O'Hare"}; that the action claimed violations of the National nvironmental Policy Act of 1969, 42 U.S.C. 54321, et seq., and the Administrative Procedure Act, 5 U.S.C. S533 and the common law of . nuisance; that thereafter the Village of Niles, City of Park Ridge, Village of Bensenville, Village of Schiller Park, City of Des Plaines, the Village of Mount Prospect and National Organization to Insure a Sound -controlled Environment ("NOISE") were granted leave to intervene. Ir 2. Prior to the entry of this Consent Decree* the following sought and were granted leave to intervene as additional parties plaintiff: Village of Addison, Elk Grove Village, Village of Elmwood Park, Village of Franklin Park, Village of Glenview, Village of Harwood Heights, Village of Norridge, City of Elmhurst, Village of Itasca, Village of Wood Dale, Village of Bloomingdale, the County of DuPage and the Suburban O'Hare Commission. (All intervening plaintiffs excepting NOISE are collectively referred to herein as "Communities".) 3. The City of Chicago ("Chicago") was originally a party defendant and was dismissed earlier in the proceeding in this action. Prior to the entry of this Consent Decree, Chicago sought and was granted leave to intervene as an additional party defendant, 4. The parties have agreed to settle, comproMise and adjourn their respective differences pertaining to the opera -tion and development of O'Hare as follows: - 2 �- - E - aq TTTm sqoaCoad asaqq oq goads air 14"4Tt't -4Ua'Uja`42'-4S 4OedUlT -[RU'aUlUO,.j'TAUD 'ur:?, qetlq saal&e vvq aqjj WSUOTS'U'a4xe Avmuna (T -EA) --lS;DT4T[T I O'e'j luatuaDeTdaz -X:1124T'TTWw, 90 UOIC-40n,-XISU,00, �(T I A) *'fSaT4T 'T'roeg opo :vie maul (A) tasinoou ' oo Jainuruloo (AT) !TPUTUl:laI UOT-4eTAe -Ce-laUeS (TTT) *A-[euiw:lai -[PUOT' 4 (TTT) 0 .eu -la4uI (TT) "suoide pup sas.7noouoo Pa42Tal PUP I TPUTUI191 (T) 0 a:aJeH2O 1p (asocTind jo alPOS UT IP-E*Tuils sqoaCoid jo) sloa Coad BUTMOTTOJ*a* 144 go Auv oq qoadsai q-4TM Jistqoa P qsanbai IOU TT TM 4T 74vq4 PUP quawaqeqS joeduiI TS4UaMlUOlTAUa UP ssaooid o4 Td's a a -aqq qsatiToaj TTTm IT qpqq sqalbpe O6P0Tq:) OP . 9 *ISNoa PTE'S aq4 go adoos aqq puoXaq aJPH, 0 - qe quatudoTaAap ainqnj oq Dads a g4TM uiaqq oq aTqeTTUAe SaTpaUlaJ Bons ansind oq sqq5ij SjgTqUTeTd aqj oq aoTpnCajd ao go jaATPM P-a-4n-qTqSUO0 IOU SaOP ISNOa PTPS aq4 04 96UaTTeq0 P-7 o BuTploqqqxm dons qeqq JjqAamoq a JPaPTAOJd OISNOa PTPS aqq Xq PaAOidde s-nz)aCoed aq-4 r . ;0 XUe--10 UOTqonjqs -UOa q4TM BUT paaooid moij uosiad ,yup uTPj4saj oq tango; XUR UT X9aS A IOU TiTm Xaqq qpqq aajBe sjgT4UTpTcj *0 *aTqPuosPaaun qou ST 'q3Uaja;aj Aq uTajaq paqpjocTjOOUT pule JulaqsKs Jarrow ZTCTOad TleUTMJal-laqUi UP - PUP 'E PUP Z SIPUTWJal UT suoTsupdxa 0 a 0 AV9 JSaT4TTT0pa a0ueuaquTpw qaocTjTV pue SuaqOqTX 4q6TT3 PaIPOOTaU 'a asinoouoD PUP �, TPUTU-11al MaM BUT43Tdap, uPTd qnoApq nioclijV wilaqu, aqq go TeAoidde Buizxjoqqne 'Z861 'ZZ A ATnr paqep, (.IsNoa.) qopdtuj queoTjTu6TS ON go BUTPUTJ sa.vva aqq qPqq aaAle S3jTqUTPjd ,q -Buissaooid pup STSATeue Tv;uawuojTAua 6uxjxnbei smiel siouTTTI It 0 a 9 0 JO aqP4S PUP jPJaP@a JO SqU9WaJTnb 0 -ax a-fqp-0T-[d'de uaq4 TTP' g4TM Aldwoo TTTm a'PR,O 4e quawdoleAep ainqnj TIV ee quaul —jo d -i -T T -5-j-nn3-q- -a - j- -o u T s s —55 o id OTaAGG rpquawuo:r-c,&ua 0 processed to the extent the above projects fall within its jurisdiction. Chicago further agrees that it will not proceed with the construction of any or. all of the projects listed in this Paragraph l.d until an EIS is completed, e. The Communities and The People agree that they will not oppose, the repel by the, FAA, of its High Density Airports Rule ("'Slots Rule") (14 C.F*,R. §9,3,*121 et seq.) insofar as it applies to O'Hare. Chicago agrees that the entire Master Plan development for, O'Hare s, including the projects identified in Paragraph, 1,.d a,bove, will be presented to the FAA for Airport Layout Plan approval and the related environmental review, as a single, comprehensive submission. Chicago agrees that the environmental assessment which it provides to the FAA and the public in connection with these projects will assess the impact of these projects on the assumption that the High Density Airports Rule will have been repealed, 9* The FAA has not made any determination with respect to the matters described in Paragraphs l.e or l.f above, and this Decree does not blind the FAA with regard to any determinations it may make respecting these matters, 2, Noise Abatement Office a. A permanent noise abatement office ("Office") will be established in the Chicago Department of Aviation for O'Hare, at no cost to the Plaintiffs. The Office will be professionally staffed. The supervisor of the Of'f ice will be appointed by Chicago, subject to the approval of each such appoint- ment by the O'Hare Advisory Cormmittee (nOHAC"), b. The functions of the Office will be the following unless the Communities and Chicago agree otherwise.- (1) receipt, recording and investigation with respect to complaints of noise caused by aircraft using O'Hare, which com- plaints and reports on action 'taken, if any,r shall be, forwarded to evaluation of noise abatement, pro- cedures, and notification of iii'"rport users and the public of effectiveness of such procedures; (3) reporting violations of which It is aware of FAA statutes, rules and regulations which affect noise to the O'Hare Advisory Committee; and (4) preparation of It reports and recommendations to the O'Hare Advisory Committee with respect to noise abatement, cc The services of the Office will be available on an around the clock basis, provided however that the Office will have an annual budget of not more than $100,000 (adjusted for -changes in prices of goods and services), 3. O'Hare Advisor a. The Parties agree that a permanent forum is required for consideration of the relationship between O'Hare and the Communities. b, The O'Hare Advisory Committee will be a permanent committee, composed of representatives as follows: DuPage Mayors and Managers Conference (2) North Central Council of Mayors (2) North West Municipal Conference (2) Suburban O'Hare Commission (1) Cook County Board of Commissioners DuPage County Board Of Commissioners Chicago Association of Comm'erce and Industry Air Transport Association (1) Federal Aviation Administration (1) Northeastern Illinois Planning Commission (1) Illinois Department of Commerce and Community Affairs (1) Illinois Department of Transportation (1) Chicago Department of Aviation (1) Office of the Mayor, City of Chicago (1) Members appointed by the DuPage Mayors and Managers Conference, North Central Council of Mayors, North West Municipal Conference and the Suburban O'Hare Commission must all be elected Mayors. Members appointed by the Cook County Board of Commissioners and the Du Page County Board of Commissioners must be elected Commissioners. 4, This Decree will expire on June 30, 1995, 5. Nothing in this Decree indicates, or Is intended to indicate, merit or lack of merit in this cause or in any claim or defense that may be available to any party. 6, This Decree may be executed in any number of counterparts, and each counterpart shall be deemed to be an original of the Decree* IT IS HEREBY ORDERED that the Court accepts the Settlement as set forth above, and reserves jurisdiction to enforce the terms thereof, IT IS FURTHER ORDERED that, except for the reservation of jurisdiction, this cause be and the same is hereby dismissed with prejudice, with each party to bear its own attorneys fees or costs. AGREED. - STATE OF ILLINOIS and THE PEOPLE OF THE STATE OF ILLINOIS By TYRONE C. FAHNER Attorney General State of Illinois �4� SUBURBAN O'HARE COMMISSION B� Y VILLAGE OF SCHILLER PARK m C TY OF DES PLAINES B VILLAGE OF MOUNT PROSPECT B'V ELK GROVE VILLAGE LLAGE OF FRANKLIN PARK CITY OF ELMHURST B VILLAGE OF ITASCA By VILLAGE OF WOOD DALE B, y VILLAGE OF BLOOMINGDALE By COUNTY OF DUPAGE VILLAGE OF ADDISON By VILLAGE OF EI2-IWOOD PARK VILLAGE OF GLENVIEW VILLAGE :OVILLAGE OF NORRIDGE B� B o National Organization to Insure a sound --controlled Environment By J. Lynn Helms, Administrator, Federal Aviation Administration, and Paul Bohr, Director, Great Lakes Region, Federal Aviation Administration By CITY OF CHICAGO By DATED: E DA -1 r1- 611'"?_ ..................... AGREEMENT This Agreemeht, dated as of August 1982, is entered into by and between, the State of Illinois and The People of the S ate of Illinois, acting by and through TYRONE C. FAHNER, Attorney General of the State of Illinois ("People") and the VILLAGE OF NILES, CITY OF -PARK RIDGE, VILLAGE OF BENSENVILLE., VILLAGE OF ,SIHILLER PARK, CITY OF DES PLAINESr VILLAGE OF MOUNT PROSPECT, VILLAGE OF ADDISONr ELK GROVE VILLAGE, VILLAGE OF Eal-IWOOD PARK, VIIILLAGE OF FRANKLIN PARK, VILLAGE OF GLENVIEW, VILLAGE OF HARWOOD H,'PIGHTSF VILLAGE OF NORRIDGE, CITY OF ELMHURSTr VILLAGE OF ITASCA, VI'LLAGE OF WOOD DALE, VILLAGE OF BLOOMINGDALE, th%e COUNTY OF DUPAGE a the Suburban O'Hare Commission (hereinafter collectively rffferred to as "Communities" ) . as parties of the first part, and the Fay DERAL AVIATION ADMINISTRATION United agency of the United States g vernment ("FAA") and the CITY OF CHICAGO ("ChIC,-Igon) as parties of 'the second part, WITNESSETH: WHEREAS, The People and the Communities have challenged and r,eatened to challenge certain actions and plans for action by the A and/or Chicago pertaining to the operation and development of 10 i,cago O'Hare International Airport ("O'Hare"); and WHEREAS, the FAA and Chicago contend that their actions and plans for action at O'Hare are in accord with safety, good planning principles and all applicable laws, rules and regulations; and 60 WHEREAS, all parties agree that the operation and develop- ment O'Hare should take into consideration the environmental impact of such operation and development on the areas in proximity to O'Hare; and WHEREAS, the parties also recognize the importance of O'Hare to the Chicago metropolitan area and the State of Illinois; and WHEREAS, the parties have agreed to work cooperatively to -M achieve realistic goals of noise reduction; and WHEREAS, a Consent Decree has been entered in that certain caluse pending in the United States District Court for the Northern District of Illinois, Eastern Division, captioned 'Peo2le of the State of Illinois, et al. V. Butterfield, et al., Clerk's cause No. 74 C 2410; NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions herein contained, and in consideration of other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Noise Contours a. The Parties agree as follows with respe'ct to the FAA's Integrated Noise Model (Version 2.7) : (1) the INM is not suitable for highly accurate absolute purposes such as strict demarcation of noise; (2) the INM requires several simplifying assumptions to be made and use of these assumptions results *** 2 - . . ........ .. . in imprecisions in the contours drawn by the INM; (3) the INM is useful for comparisons, provided the INM itself and the calculation inputs and procedures employed are consistent for all calculations to be compared. b. The Parties agree that, subject to the limitations described in "an above, the noise contours shown in Exhibit IV 1.3 of Chicago's Environmental Assessment: Phase 1-1982-1983 Development Projects, which is attached hereto and incorporated herein as Exhibit A, are substantially correct. c Chicago will prepare and provide to the O'Hare Advisory Committee ("OHAC") and the Noise Abatement Office annually the 65 Ld-n peak month/average day annualized noise contour for O'Hare using the IMM. dim, The Parties agree that the. 65 Ld-n peak month/average day annualized noisecontourfor O'Hare shown for 1985 in Exhibit IV 1,*4 of Chicago's Environmental Assessment: Phase 1-1982-1983 Developm'ent Projects, which is attached hereto and incorporated herein as Exhibit B ("1985 Contour") is a goal toward which the Communities, The People, the FAA and Chicago should aim in carrying out their respective obligations under this Agreement, and that each of the partiesshareresponsibility for achieving that goal. For purposes of this provision and this Agreement, progress toward reaching this goal is to be determined solely in terms of the number of residential structures in the 1985 Contour. For purposes of this provision, only residential structures which existed on December 31,- 1979 will be counted, 2. Incompatible Land Use a. The Parties agree that effective control of the impacts of aircraft noise on areas adjacent to O'Hare requires effective land use control by the State of Illinois and its political subdivisions, including Chicago and the Communities, to minimize 3 land uses that are incompatible with aircraft noise. Without such land use controls, the effectiveness of actions taken to reduce the impact of noise resulting from aircraft using O'Hare may be seriously impeded. b. The -Communities will furnish annually to OHAC.: (1) their then -current zoning maps and land use plans, (2) other then current land use ordinances and related documents and (3) then current land use controls. C. The Communities and Chicago shall -take feasible and reasonable steps to discourage the further development of incompatible land uses around O'Hare and to reduce existing incompatible land uses, provided thaL. neither the Communities nor Chicago are el required to take steps which would require the payment of compensation under the Fifth Amendment to the Constitution of the United States or Article 1. 515 of the Constitution of Illinois of 1970. Steps taken by the Communities in accordance herewith will include the distribution of noise contour maps to zoning applicants and land developers, noise awareness programs, and the like; further, nothing herein prohibits the Communities' use of their legal powers to achieve compatible land use. 3. Noise Abatement Procedures a. The Parties agree that noise abatement procedures which do not limit the capacity of O'Hare have been evaluated and sh'o'uld continue to be evaluated to determine their effectiveness in reducing noise l*mpac4k--- and their feasibility in light of safety, the importance of O'Hare to the economies of the region and State, and the environmental impact on persons living in proximity to O'Hare. b. All noise abatement procedures proposed by OHAC shall be considered by the FAA and Chicago, and their decisions on any such proposed procedure shall be explained. C. The FAA agrees to work with the Communities, The People and Chicago to reduce noise related to O'Hare. d. The FAA agrees, that it will continue, to enforce in, a, timely fashion its statutes,, rules and regulations which affect noise at O"Hare (including without limitation the regulations described in Exhibit C),., 4. RuE±a s a. Chicago represents that it has no current plans to add new runways to O'Hare suitable for aircraft classified by the FAA as "large" (this classification includes Boeing 7071 720, 727, 737, 747, 757 and 767, DC-8, DC-9y DC-1001 L-1011, BAC 1-11, and A300). Chicago agrees that it will not place such new runways in service during the period ending June 30, 1995. b. The parties agree that Chicago may propose one or more additional runways which are not ul suitable for aircraft classified by the FAA as "large," provided that a FONSI will not be requested with respect to any such proposal. The FAA has not made any deter- mination with respect to this matter, 5. Noise Monitorin a, A mobile noise monitoring device will be provided by Chicago to the Noise Abatement or',:fice. That device will be available for use at O'Hare on a full-time basis, seven days each week. It will be selected, and the details of the program for its use will be determined, .by OHAC. b. The results of the use of this device will be reported to OHAC. C. If requests for use of this device consistently exceed its capacity as a result of noise complaints and inquiries from residents of the Communities, the Commu- nities and Chicago agree to use their best efforts to seek funds from sources other than Chicago or O'Hare Airport funds to supplement that device. Upon obtaining such funds, one or more additional devices shall be acquired and operated using such .funds. 6. This Agreement will expire on June 30, 1995. 7. This Agreement may be executed in any number of counterparts, and each counterpart shall be deemed to be an original. IN WITLESS WHEREOF, the parties hereto have set their hands and seals this day of , 1982. STATE OF ILLINOIS and THE PEOPLE VILLAGE OF WILES OF THE STATE OF ILLINOIS B By TYRONE C. FAHNER Attorney General State of Illinois CITY OF PARK RIDGE VILLAGE OF WOOD DALE Y By VILLAGE OF .BENSENVILLE VILLAGE On 'PT nnMINGD By VILLAGE OF SCHILLER PARI{ By CITY OF DES PLAINES ALE By COUNTY OF DU?.AGE By VILLAGE OF ADDISON Bn �ILLAGE OF MOUNT PROSPECT TY OF ELMHURST B y VLLAGE OF ITASCA By Vl'LLAGE OF HARWOOD HEIGHTS By V1111 I LLAGE OF NORRIDGE Bv SUBURBAN O' HARE COMMISSION Bv 7 ELK GROVE VILLAGE By VILLAGE OF ELNF400D PARK By VILLAGE OF FRANKLIN PARK By VILLAGE OF GLENVIEW By, Administrator, Federal Aviation Administration, and Director, Great Lakes Region, Federal Aviation Administration, By CITY OF CHICAGO By