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HomeMy WebLinkAbout2437_001allILDING DF-PARTMENT NEX',r' ORDINANCE NO. 2365 NEXT RESOLUTION NO. 18-72 0 R D E R 0 F Village Board Vi 11 age of Mount Prospect *1 1,0 Call to order 2. In vocati on - Trustee Schol ten 3. Roll call all B U S I N E S S, Tuesday, 8:00 P. M. August 15, 1972 Mayor Robert D. Tei chert Trustee Ahern Trustee Link Trustee Anderson Trustee Ri chardson Trustee Furst Trustee Schol ten 4. Approval of minutes of the regul ar meeting of August 1 '1972 6 Approval of bills Financial report for the month of July, 1972 6, Communications and petitions 7. Manager' s Report I Recommendati on re award of contract for Wi I I i am St. Bridge construction - bids opened August 10th a) Motion on return of bid checks 2. MFT Resolution 47 -CS - widening of the following streets: Burning Bush, William, Sunset, Henry 8. Mayor' s Report I . Proclamation - All American Family 9. Committee Chairmen Reports A. Bui I di ng Commi ttee 1 Case No. 72-16A George Podl i n 216 W. Rand Rd petition for variation to operate a pre-school center - in an existing home zoned R -X. DeferreG moti on "Trustee Anderson, seconded by Trustee ` Richardson , moved to concur w ►I th the recommeno- ation of the Boara of Appeals and deny the petition." 2. Second reaG- 'ri -g of an ordinance amending cerc,a',F r - portions of u,"irdinance #1194 (SE.r_ EXr1c'�l-s A) 3. Case No. 72-22A Prospect Moose Lodge 660 - 225 E. Prospec-L-. Ave. - petitliori for special use for private club. 4. Case 72-23A Robert Novak 700 S. Candota - variation for 2 -bedroom addition B. Finance Commi ttee 1. Second reading of an ordinance amending Sec. *11-703 regarding coin-operated dry cleaning and laundry machines (SEE EXHIBIT 5) C Fire and Police Committee 1. Motion postponed indefinitely: "Trustee Scholten , seconded by Trustee Furst, moved for vacation of Serafine Drive with the stipulation there would be no ingress and egress on Rand Road." D. Judiciary Committee 1. An ordinance amending Map 50-N of the Mt. Prospect Zoning Ordinance (Case 72-9P) for a White Hen Pantry. Second reading rezoning R-1 to B-3 property at River and Camp McDonald Rds. (SEE EXHIBIT C) 2. Second reading of an ordinance amending Map 50-N of the Zoning Ordinance for property located on the west side of River Rd. north of Camp McDonald Rd. (Case No. 72-10P) R-1 to R-4 PUD (SEE EXHIBIT D) 3. Second reading of an ordinance providing for PUD property located on the west side of River Road north of Camp McDonald Road (SEE EXHIBIT E) 4. First reading of an ordinance amending Map 32N under Case No. 72-8P Geo Doetsch - NW corner Foundry & River Rd. R-1 to R4 PUD (SEE EXHIBIT F) 5. First reading of an ordinance providing PUD of prop- erty above in Case No. 72-8P (SEE EXHIBIT G) 6. Case 72-12P - First reading of an ordinance rezoning from R-1 to B3 810-818 Ri ver Rd. & 1825-35 E. Euc I i d (SEE EXHIBIT H) 7. Case 72-11 P Kenroy,, Inc. (Rob Roy Driving Range) N. side of Euclid and W. of Wolf Rd. R4 PUD contingent upon annexati on E. Public Health and Safety Committee 1. Mosqui to Abatement 2. Anti -Dog Defamation Ordinance F. Public Works Committee 10. Other Business 1. Continuation of pre -annexation hearing regarding property south of Algonquin and east of Nordic Road 2. Resolution directing execution of a pre -annexation agreement for property located west of Busse Road and south of Charlotte Rd. extended (SEE EXHIBIT I) 3. Second reading of an ordinance annexing property west of Busse and south of Charlotte (SEE EXHIBIT J) 4. Second reading of an ordinance amending Map 38S by rezoning above property from RX to R- �SEE EXHIBIT K) 5. Second reading of an ordinance granting a special use in the nature of a PUD for above property (SEE EXHIBIT L) 6. Resolution Designating Persons Who Shall be Exempt from Paying for Mount Prospect Motor Vehicle Licenses (SEE EXHIBIT M) 11 . Items to be referred 12. Commi ttee announcements 13. For information only 1. Letter from Metropolitan Sanitary District re tunnel plan in conjunction with O'Hare Water Reclamation Plant 14. Adjournment Sergeant -at -arms: Patrolman Ray Lessner I % . MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES August 1 1972 CALL TO ORDER Mayor Teicher't called the meeting to order at 8:40 P. M., INVOCATION Trustee Ahern gave the invocation. ROLL CALL FF6_�eri_f_ upon roll ca,ll Ahern Anderson Furst Li n k Richardson Tei the rt Absent-, Scholten APPROVAL OF MINUTES' OF REGULAR MEETING JULY 18:� 1972 Trustee Furst, seconded by Trustee Rich—ardson, moved the minutes of the regular meeting held July 18, 1972 be ap- proved as submitted. Upon roll call: Ayes: Ahern Anderson Furst L i n k Richardson Motion carried. APPROVAL OF BILLS Trus tee Ri chards on seconded by Trustee Ahern moved to approve bills in the following amounts: General $ 985684.23 Parking System Revenue 98.14 Waterworks & Sewerage Depr. Imp. & Ext. 78,220.00 Operati on & Mai ntenance 20,629'.20 7 6 3T7,57 Upon roll call: Ayes: Ahern Anderson Furst L i n k Richardson Motion carried. COMMUNICATIONS AND PETITIONS Mr. Wm. Benfield, representing the JCs requested waiver of fees for small animal circus to be conducted at the Mount Prospect Plaza August 4 to 8, 1972. Trustee Anderson, seconded by Trustee Furst, moved to wai ve the fees f o r the ci rcus as requested by the JC organ i zati on . 'off I Upon caroll call: Ayes Ahern Anderson Furst Link Richardson Motion carried. Mrs'. Iroan a Wi 1 kes En vi ronmental Qua i ty Chaff rman of Area League of Women Voters, read a paper requesting Village support by adopti on of a resol uti on concerni ng the I11 i not s Envi ron- mental Protection 'Act. The matter was charged to the Public Health and Safety Committee for recommendation. Dr. Larry Jenness and Bob Alexander of the CAP program re- ported to the Board on the progress made by five high school seni ors who wool d recei ve extra credi is i n a pot i ti cal sci ence course for extracurricular activity in time spent working for the Village. Mark Gonzales, Chad Henderson and Jeff Beebe were i ntrodL1,Ced . A paper wri teen by Hei di Streeky on her study of "A Comprehensive Plan for the Central Business District of the Village of Mt. Prospect - 1934" was read. Mr. Robert Boles - an architect,.. submitted a plat of Frank's h* Resubdivision of property at 107/109 Prospect Avenue. Trustee Furst, seconded by Trus *tee tee Anderson, moved to authorize the Mayor and Village Clerk to sign and attest Frank's Resubdivision subject to proper approval and execution by the Village Engineer and the Plan Commission and subject to posting of public improve- ment bonds, if any. Upon roll call: Ayes: Ahern Anderson Furst Link Richardson Motion carried. COMMITTEE CHAIRMEN REPORTS BUILDING COMMITTEE The Building Committee studied the recommendations of the Fire Chief and the Architectural Commission and concurred in approval of the use of pre -fabricated chimneys. Trustee Anderson, seconded by Trustee Richardson, moved for Board ap- proval of the Building Committee's recommendation and request the Village Attorney to draft a suitable ordinance. Upon roll call: Ayes: Ahern Anderson Furst Link Richardson P. 2 8/l/72 rus te * e Anderson. seconded by Trustee Richardson, moved for passage of Ordinance #2364: AN ORDINANCE GRANTING VARIATIONS AT 213 W. Prospect Ave. (L. Krasnowski - Case 72-8A) Upon ro11 call: Ayes: Ahern Anderson Furst L i n k Ri chardson Motion carri ed. Case No. 72-16A George Podlin - 216 W. Rand Road - Petition for variation to operate a pre-school center in an existing home zoned R -X. Trustee Anderson, seconded by Trustee Richard- son, moved to concur with the recommendation of the Board of Appeals and deny the petition. Because the petitioner had not been advised the matter was on the agenda for consideration, Trustee Ahern, seconded by Trustee Link, moved the above motion be tabled until the next meeti ng. Upon roll call: Ayes: Ahern Anderson Link Richardson Nays: Furst Motion carried. Case No. 72-21A Kaplan and Braun, Inc. - petition for variation from Sec. 21.1227, which requires all floors of attached garages 6" below. P e t " itioner requests placement of 6" covicrete curb instead. The Chairman of the Building Committee requested this matter be referred to Committee for discussion with the Archi- tectural Committee before the regularly scheduled meeting on August 23rd, at which time the petitioner and the homeowners in- volved would be invited. An ordinance amending certain portions of Ordinance 1194 re- garding the property located at 303 E. Kensington was presented for first reading and the Clerk was requested to place it on the next agenda for final reading. The Chairman of the Building Committee requested a review of the swimming pool ordinance be charged to his Committee. He further requested the Stowe Allen, Jr. patio on public right- of-way be removed from the docket sheet. FINANCE COMMITTEE Trustee Richardson read for first reading an ordinance amending the business licensing code regarding fees for self-service dry cleaning and laundering machines. P. 3 8/1/72 FIRE AND POLICE COMMITTEE "Trustee Scholten, seconded by Trustee Furst,, Tabled motion. moved. for vacation of Serafine Dr. with the stipulation there would be no ingress and egress on Rand Road." Trustee Furst., seconded by Trustee Anderson, moved to continue the tabled motion in its form on an indefinite basis. Upon roll call.- Ayes.- Ahern Anderson F u r s t Li n k Richardson Motion carried. The Clerk was requested to carry the above iTiotion on each agenda until the matter is resolved. JUDICIARY COMMITTEE An E—ra"i nanice aFflendfrig Map 50-N of the Mount Prospect Zoni ng 0 `na�,-,ce (Case, 72-90) for a, Whi te Hen Pantry rezon ing R-1 to B - property at Ri ver and Camp McDonal d Roads was read for f i r s t'r L. e a d i ng and t h e C1 e r k w a s requested t c p 11 a c e i t on t h e net agenda. Trustee Furst, seconded by Trustee Ahern, moved to concur with the recommendation of the Judiciary Committee and over -ride 'the vote cif 6 w Pl Can Commi ssion to rezone the parcel located gener- ally at Camp McDonald and River Road, from R-1 to R-4. PUD. (Case 72-10P) Upon roll call., Ayes: Ahern Anderson Furst Richardson P as s .- Li n k Motion carried. Trustee Link stated he did not believe the legal description was correct and requested the petitioner's attorney to determine if it were proper . He further stated he had acted as legal counsel for the objectors in the above matter because he felt it would cause substantial damage to the adjacent property owners and he ful ly supported the findings of the Pl an Commission. Trustee Furst read for first reading an ordinance amending Map 50-N of the Zoning Ordinance for property located on the west side of River Road, north of Camp McDonald R. (Case No. 72-10,P) and requested the Clerk to place it on the next agenda. is an Midwest Corp. RI to R-4 PUD Trustee Furst read for first reading an ordinance providing for the planned unit development of properties located on the west side of River Road, or of Camp McDonald Road and re- quested the Clerk to place it on the next agenda. Case 72-11 P Kenroy PUD (Rob Roy Country Club) 37 acres on the north side of Euclid Ave. was referred to the Judiciary Committee to be heard August 10th and a pre -annexation hearing would be held before the Board at a special meeting scheduled for Septem- ber p. Cal lero and Catino plat of subdivision was presented. Trustee Richardson, seconded by Trustee Ahern, moved to authorize the Mayor to sign and the Clerk to attest the plat of subdivision, subject to posting of public improvement bonds , i f any. 'Upon roll call: Ayes: Ahern Anderson Furst Link Richardson MANAGER' S REPORT MFT Contract 46 -CS: Work consisting of resurfacing 4450 feet of Shabonee Trail and 1160 feet on the west end of Milburn Ave. The Village Engineer recommended that the contract be awarded to Allied Asphalt and the Manager concurred. Trustee Anderson, seconded by Trustee Richardson, moved to concur in the above recommendation and award the contract to the low qual 1 fi ed bi der, Al 1 ied Asphal total cost of $45 5872 . 55. Upon roll call: Ayes: Ahern Anderson Furst Link Richardson Motion carried. The meeting was adjourned for an executive session re litigation at 10:30 P. M. The members reconvened at 11:00 P. M. Present upon roll call: Ahern Anderson Furst L i n k Richardson Tei the rt Absent: Scholten OTHER BUSINESS The pre -annexation hearing regarding property south of Algonquin and east of Nordic Road was continued to the next regular agenda. A public hearing was conducted regarding a pre -annexation agree- ment for properties located west of Busse Road and south of Charlotte Road extended. An ordinance annexing the above property, an ordinance amending Map 38S rezoning the property from R -X to R-4 and an ordinance granting a sped al use in the nature of a pl anned uni t devel op- ment were al I read for fi rst readi ng and the Clerk was requested to place the three ordinances on the agenda of the August 15th meeting for final passage, along with a resolution directing execution of a pre -annexation agreement regarding the same Jif property. p. 5 8/l/72 (I 14/01C Trus toe Ahern, seconded by Trustee Richardson, moved for waiver of the rules to consider a resolution concerning levies regarding the annexed Fire District to the north. Upon roll call: Ayes: Ahern Anderson Furst L i n k Richardson Motion carried. Trustee Furst, seconded by Trustee Richardson, moved for passage of Resolution 17-72: A RESOLUTION OF INTENT REGARDING A LEVY TO RETIRE OUTSTANDING BONDED INDEBTEDNESS ASSUMED BY THE VILLAGE OF MOUNT PROSPECT UPON THE ANNEXATION OF THE AREA KNOWN AS "NEW TOWN" AND "CAMELOT". Upon roll call: Ayes.- Ahern Anderson Furst Link Richardson Motion carried. COMMITTEE ANNOUNCEMENTS - FINANCE COMMITTEE - August 21 40 PUBLIC HEALTH AND SAFETY COMMITTEE - August 9 PUBLIC WORKS COMMITTEE - August 16 FIRE AND POLICE COMMITTEE - August 2 JUDICIARY COMMITTEE August 10 BUILDING COMMITTEE August 23 ADJOURNMENT Trustee Ahern, seconded by Trustee Anderson, moved the meeting be adjourned. Time: 11:20 P. M. Unanimous. DONALD W. 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I . 4 1-1 2 - maintenance of all building exteriors, parking areas, and other paved areas, and of all,open space located within said Planned Unit Develop- ment, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, BERTRAM A. LEWIS, HARVEY B. LEWIS and J. LAURENCE KLEINFELD) or their assignees, will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Plan Unit Development and any amendments thereto. Said Plats of Open Space Easement shall constitute a covenant running with the land for fifty (50) years from the date of said"recording of those covenants and shall be enforce- able by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter said covenants shall be extended automatically for successive periods of ten (10) years un- less by a vote of the majority of the said landowners of the said pro- perty it is agreed otherwise. 5. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restric- tions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, - 3 - it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violation. 8. These Covenants shall be binding upon and inure to the bene- fit of the parties hereto, their successors and assigns, Bertram A. Lewis L Harvey ewi s �Eaiirence Kleinf VILLAGE OF MOUNT PROSPECT By Pr sident Village Clerk uio ANNEXATION AGREEMENT WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee under Trust No. 76-994, hereinafter referred to as "Owner".. is the Owner of cer- tain real estate legally described as follows: The South 10 acres of the Southeast 1/4 of the 111rtheast 1/4 of Section 22,, Towr�iship 41 North, Rar4ge 11 East of tie' Principal Meridian r.J (except the West 210.0 feet thereof and also ex- cept the East 510.0 feet thereof) also The South 5 acres of the North 10 acres of the South 20 acres of the Southeast 1/4 of the North- east 1/4 of Section 22, Township 41 North., Range 11 East of the Third Principal Meridian (except the West 210.0 feet thereof and also except the East 50.0 feet thereof) also That part of the North 5 acres of the South 20 acres of the Southeast 1/4 of the Northeast 1/4 of Section 22, Township 41 North,, Range 11 East of the Third Principal Meridian, bounded by a line described as follows.- Be- ginning at a point on the East line of said tract ata point 121.89 feet South of the North line of said tract; thence West 772.0 feet on a line parallel with the North line of said tract- thence South 42.32 feet to a point on the South line of said tract; thence East 772.0 feet parallel with the North line of said tract to a point on the East line thereof.; thence North to the place of beginning, (ex- cept the East 50.0 feet thereof), all in Cook County, Illinois; .3 hereinafter referred to as "the Subject Property"; and WHEREAS, the Village of Mount Prospect, a municipal corporation, organized under the laws of the State of Illinois., hereinafter referred to as "Village" has the power to enter into an Annexation Agreement as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the subject property to the Village contingent on the provisions contained in this Agreement; and WHEREAS, both parties believe it to be in the best interests of both the Village and the Owner that the property be annexe.d; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed in accordance with the plan contained herein; NOW, THEREFORE, it is agreed by and between the Village and the Owner as follows: 1. That the Village shall annex the subject property. 2. That the Village shall pass such ordinances as will enable the construction of the development as contemplated herein. A certified copy of the text of the planned unit development ordinance approving the within referred to planned unit development shall be recorded by the Village and EXHIBIT 'W' - 2 - the Owner in the Office of the Recorder of Deeds of Cook County, Illinois. a. The recording of the aforementioned text will not include the recording of any exhibits, but will include the recording of all neces- sary covenants guaranteeing open space -- even though said covenants may appear on an exhibit contained herein and attached hereto. b. Said recording shall be accomplished within ten (10) days of the passage of said ordinance. c. Recording of the Site Plan, various plats of open space ease- ment (per stage), and other exhibits made a part of this Agreement shall be recorded by the Village and the Owner as the subject matter shown an ' d re- flected upon the said exhibits is completed. Said exhibits shall be re- corded as modified if necessary as a result of the conditions set forth under paragraph 3. herein, or as a result of the conditions for field changes as set forth under Section 5.1. of the Mount Prospect Zoning Ordi- nance, or as a result of modification of the planned unit development ordinance passed and approved for the development of the subject property by subsequent agreement between the Owner or its assignees and the Village. 3. That the Owner shall cause the subject property to be improved in general conformance with the land uses and standards shown on Exhibit I (Site Plan) attached hereto and hereby made a part hereof, except as may be otherwise provided herein and as may necessarily be modified to solve engineering layout and design problems at the time of the execution of this Agreement. 4. That the Owner may cause the development to proceed in stages as set forth in Exhibit II (Stage Plan) attached hereto and hereby made a part hereof. a. The stages of development may proceed in any sequence as determined by the Owner with the understanding that water mains and access roads within any given stage shall have been constructed and installed by the Owner and approved by the Village; and that the engineering for sewer Y mains and other public improvements have received final approval and sub- division bondsposted for same before the Village shall issue any building permits for buildings located within that given stage. b. For each stage, prior to the issuance of building permits, the Owner may vary the apartment mix of the proposed residential buildings as between one -bedroom, and two-bedroom units -- in conformity with the re- quirements of subsection (c) of Section 5.1 of the Mount Prospect Zoning Ordinance and with the further understanding that in no instance will the total number of units proposed herein be increased beyond the 216 dwelling units proposed. C. "Access roads", shall mean those private roads meeting the approval of the Mount Prospect Fire Department, which roads the Owner will install and maintain during the construction of the project contem- plated herein. - 3 S. That in the manner required by law the Village will classify the subject property into such zoning districts as will accommodate the proposed uses upon the subject property as shown on Exhibit III (Zoning Plan) attached hereto and hereby made a part hereof. 6. That the Owner will execute such public and common open space easements and covenants in such form as the Village Attorney may require, which designate, with particularity, the land shown as open space on Exhibit I (Site Plan) . 7. That any amendments or changes to building, housing, subdivision,, or -zoning ordinances during the terms of this Agreement shall not apply to the subject property without the Owner's consent, and further no interpretation to any such ordinances will be made so as to prevent commencement of construction of the buildings or the development of the Plan by the Owner or its assignees, provided that all plans meet the re- quirements of all applicable ordinances except as may be modified by this Agreement. 8. That future amendments to the present Building and Zoning Code in force as of this date, as well as to the laws relating to and regulat- ing the construction -of this planned unit development, shall not apply to the subject property without the consent of the Owner, and that in any event, should stop orders have to be issued, such future amendments shall not be so interpreted that the subject property may not be constructed in general accordance with the Plan, provided, however, that if there are changes of said laws and the same are less restrictive in their application to other similarly situated property, then the Owner shall be entitled to the benefit of the change if it elects. 9. That the Village will not charge the Owner for building permit or other fees necessary for the construction of the planned unit develop- ment or portion thereof in an amount greater than those fees presently charged under existing ordinances on the date hereof. With respect to all other license or business license fees, however, the Village will not charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charged other licensees in the Village at that date. 10. That the Village will issue no stop orders directing work stop- page on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. 11. That the Village will is -sue certificates of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the section of the 4 Code relied upon by the Village in its request for correction. Provided, however, that completion of an entire building shall not preclude the issuance of occupancy certificates for any finished floor, floors, or portions thereof, not otherwise in conflict with Section 21.218 of the Municipal Code of the Village of Mount Prospect of 1957, as amended. 12. That the Village will not require, of the Owner, a storm water retention pond or lake having a surface area greater than acres and a retention capacity greater than acre feet as shown by Exhibit IV (On -Site Utility Plan) attached, nor will it change or amend its public improvement ordinances as it affects the regulation and installation of public improvements on the subject property during th-e term of this Agreement. 13. That a water tap -on fee, charged per lot, shall be determined on the basis of four (4) lots per acre within the planned unit develop- ment, i.e., $100 per acre; and that a water deposit shall be payable to the Village in advance of any such tap -ons in an amount computed by multi- plying the number of acres involved with such tap -ons by the sum of One Hundred Forty Dollars ($140.00). 14. That the Owner will install and the Village will receive the ownership of certain on-site sewer and water mains, together with the necessary easements for access thereto and maintenance thereof, as re- quired to serve the project and as set in Exhibit IV (On -Site Utility Plan), attached hereto and hereby made a part hereof. The Village, how- ever, shall have the right to require the oversizing of mains and facili- ties, if excess capacity is desired by it; provided however, that the Village shall pay any additional cost for materials made necessary as a result of said oversizing. 15. That the Owner shall install and the Village shall receive the ownership of certain off-site water mains as required to serve the project upon the subject property and as set forth in Exhibit V (Off -Site Utility Plan), attached hereto and hereby made a part hereof. The Village will be responsible for the engineering plans and specifications for said mains. In the event the Village desires oversizing of the mains shown upon Ex- hibit V (Off -Site Utility Plan), the Village shall pay any additional costs for materials made necessary as a result of said oversizing. 16. That the Owner will install, and the Village will permit to be in- stalled, 28 foot wide back-to-back private roads per the Village subdivi- sion ordinances and specifications except as to width as set forth in Ex- hibit I (Site Plan); the same to be maintained by the Owner or its suc- cessors in interest without expense to the Village. 17. That the Owner will provide a minimum of 1.65 parking spaces for each multi -family dwelling unit. All such parking spaces shall be of a minimum 8 1/21 X 19" and will average 10' X 20' or greater. 18. That the Owner may mound dirt, and the Village will permit same, along Busse Road and the Owner may fence portions of the Property with a fence not exceeding six (6) feet in height, being of a design appropriate to the development as determined by the Owner. 5 �- a. Said mounding along Busse Road shall not exceed ten (10) feet in height from existing grade and shall not obstruct the view of traf- fic exiting to Busse Road as shown on Exhibit VI (Screening and Fence Plan), attached hereto and hereby made a part hereof. b. Mounding the other locations within the planned unit develop- ment shall not be so restricted in height. 19. That, in order to safeguard the residents of multi -family dwellings, the Owner will install double or bolt locks on all apartment unit entrance doors in subject building for protection against burglary, 20. That all provisions, conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall superside all Village ordinances, codes, and regulations that are in conflict therewith as they may apply to the subject property. lVhere this Agreement is silent, the Village ordinances shall apply and control. 21. That this Agreement shall be effective for a term of five (S) years from date hereof and that thereafter all properties in the planned unit development shall become subject to Village ordinances. a. It shall bind heirs and successors and assigns, the Village, its corporate officials, successors in office, and be enforceable by order of court pursuant to the provisions of the statutes made and provided. b. Nothing herein shall in any way prevent alienation or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the planned unit development ordi- nance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 22. That, in the event any provisions of this Agreement shall be deemed invalid., then the invalidity of said provision shall not affect the vali- dity of any other provision hereof. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals, this day of ) 1972, the same being done after public hearing, notice, and statutory requirements having been fulfilled. ATTEST: ecretary I r. MM I Village lerk OWNER: AMERICAN NATIONAL BANK AND TRUST COMPANY, as Trustee Under Trust No. 76-994 By: By: _4111-19" Village President PAUL A. DiFRANCO and GUS,LEAKAKOS, as beneficiaries with power of direction under AMERICAN NATIONAL BANK TRUST NO. 76088, in accord- ance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, do hereby covenant with the Village of Mount Prospect, a municipal corporation of the County of Cook and the State of Illinois, as follows: 1. PAUL A. DiFRANCO and GUS LEAKAKOS., as beneficiaries with power of direction under AMERICAN NATIONAL BANK TRUST NO. 76088, will maintain control of the Planned Unit Development proposed on the pro- perty described as follows: That part of Lot 4 in the owners Subdivision in the southeast 1/4 of Section 25, Township 42 North, Range 1.11 East of the Third Principal Meridian as per the plat thereof recorded September 10, 1919, asDocument Number 1,02235 lying 'East of a line described as beginning at a point, on the South line of said Lot 4, 588.90 feet West of the center of Des Plaines R,11ver Road, which is the soutl' ,ieast corner of said Lot 4; thence North - at right angles to the south line of said Lot 4,0 498.05 feet to a point on the North line of said Lot 4, excepting from the above tract of land that part described as commencing at a point on the South line of said Lot 4, 404.40 feet West of the center 0 said point being of Des Plaines River Road, ontinuing West the center of a creek; thence c along the South line of said Lot 4, 184.50 feet; thence North at right angles, 355.0 feet to a point in the center of said creek; thence along the center of said creek the following 5 courses, South 50 degrees, 42 minutes, 38 seconds East, 71-06 feet; thence South 27 degrees, 43 minutes, 54 seconds East, 197.71 feet; thence South 06 degrees, 37 minutes, 57 seconds West, 43.29 feet; thence South 42 degrees, 16 minutes, 25 seconds East, 29.73 feet thence South 17 degrees, 49 minutes, 08 second,s East, 73.53 feet to tie place of beq,nning( , Lot also excepting from said 4 that part described as: Commencing at a point on the Xuv puv juauldolGAOC ITUfl P@UUPTd PGAOjddv PTUS qlTm G3UVPaO33V UT X11V I -Tiuvisqns aovds undo aaiuPavn2 Xlluaurwaad off. 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Said Plat of Open Space Easement shall constitute a covenant running with the land for fifty (50) days from the date of said recording of those covenants and shall be enforceable by said Village of Mount Prospect, 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. 5. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restric- tions herein and therein expressed. 6. By acceptance of these Restrictive Covenants, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been fully complied with. 7. If the parties hereto, or any of them, or their heirs or as- signs shall violate or attempt to violate any of the covenants herein, it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from so doing or to recover damages or other dues for such violating. 8. These covenants shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. PAUL A. DiFRANCO and GUS LEAKAKOS, as beneficiaries with power of' direction under AMERICAN NATIONAL BANK TRUST NO.76088. PAU17A� DiFra co G—us—t6a -al(­os ATTEST: By: Village Presid nt q III III Village' Cle rk ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES LOCATED ON THE WEST SIDE OF RIVER ROAD, NORTH 0 FOUNDRY ROAD I WHEREAS, the Plan Commission of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 72-8P on April 21, 1972, at the hour of 8:00 p.m., pursuant to a request for a special use in the na- ture of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published in the March 31, 1972, edition of a news- paper of general circulation within the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the request for a planned unit development under Case No. 72-8P regarding the subject property: NOW, THEREFORE,, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That a special use permit be and is hereby granted to lu A. DiFranco and Gus Leakakos, as beneficiaries with power u a ow d of direction under American National Bank -Trust No. 76088, or their as- signees, to construct a planned unit development upon the following des- cribed property, hereinafter referred to as the "subject property'". That part of Lot 4 in the owners Subdivision in the Southeast 1/4 of Section 25, Township 42 North, Range 1,11 East of the Third Principal Meridian as per the plat thereof recorded September 101 1919.. as Document Number 102235 lying East of a line described as beginning at a point on the South line of said Lot 4, 588.90 feet West of the center of Des Plaines River Road, which is the Southeast corner of said Lot 4.- thence North at right angles to the South line of said Lot 4, 498.05 feet to a point on the North line of said Lot 4, excepting from the above tract of land that part described as commencing at a point on the South line of said Lot 4, 404.40 feet West of the center of Des Plaines River Road, said point being the center of a creek; thence continuing West along the South line of said Lot 4, 184.50 feet; thence North at right angles, 355.0 feet to a point in the center of said creek; thence along the center of said creek the following 5 courses, South 50 degrees, 42 minutes, 38 seconds East, 71.06 feet; thence South 27 degrees, 43 minutes, 54 seconds East, 197.71 feet; thence South 06 decrees, 37 minutes, 57 seconds West, 43.29 feet; thence South 42 degrees, 16 minutes, 25 seconds East, 29.73 feet; thence South 17 degrees, 49 minutes, 08 seconds East, 73.53 feet to the place of beginning, also excepting from said Lot 4 that part described as: Commencing at a point on the � 2 - South line of said Lot 4 with the West line of River Road as per the plat of dedication thereof recorded as Document Number 12177789; thence West along the South line of said Lot 4, 193.24 feet; thence North at right angles to the South line of said Lot 41 185.0 feet; thence East parallel with the South line of said Lot, 190.0 feet to a point on the West line of River' Poad aforesaid; thence South along the West 1.`Lne of said road to the place of beginning, Cook County, Illinois., A plat subdividing the subject tract is attached hereto and made a part hereof as Exhibit A, which subdivision shall not be re -subdivided here- -- in accordance with the special use permit granted herein, SECTION T 'and WO That the planned unit development hereinabove authorized , ,permitted shall be constructed pursuant to the land uses and stand- ards shown upon the Site Plan, attached hereto and hereby made a. part hereof as Exhibit B, except as may otherwise be provided herein, and as necessarily modified to solve engineering layout and design problems at the time of the construction of the said planned unit development. SECTION THREE: That Paul A. DiFranco and Gus Leakakos, as beneficiaries wit power of direction under American National Bank Trust No. 76088, or their assignees, as owners of the subject property shall execute and see to the recording of the "Restrictive Covenants" attached hereto and made a part hereof as Exhibit C. SECTION FOUR: That the Director of Building and Zoning of the Village of Mount rospect is hereby authorized to issue upon recording of the afore- mentioned Exhibits A and C and upon proper application for building per- mits, such permits as may be required for the construction of the said planned unit development -- which construction shall be governed by the terms of Section 5.1 of the Mount Prospect Zoning Ordinance, this ordi- nance herein, and all other applicable ordinances of the Village of Mount Prospect, with the further requirement: that all of the aforementioned ordinances shall govern and control said construction, so that in cases of any conflict the more stringent standards shall control. A. Construction of any public improvements on site and off site shall proceed pursuant to Section 5.1 of the Zoning Ordinance. B. The storm water retention shown upon the Site Plan (Exhibit B) shall be of a minimum acre feet capacity. SECTION FIVE: That as development is completed and before occupancy' certificates are issued for all of the residencies in the subject planned unit development, Paul A. DiFranco and Gus Leakakos, as beneficiaries with power of direction under American National Bank Trust No. 76088, or their assignees, will cause a Plat of Open Space Easement to be delivered to the Village of Mount Prospect. A. This plat shall be recorded and shall contain such wording sufficient to permanently guarantee the open space as shown on such easement in accordance with the said planned unit development and any amendments thereto. -1 3 - B. That said Plat of Open Space Basement shall constitute a covenant running with the land and shall be enforce- able by the said Village of Mount Prospect. SECTION SIX: That this ordinance together with all its exhibits and P 1,ani I - s be recorded in the Office of the Recorder of Deeds of Cook County, I'llinois upon completion of the planned unit development herein; ,and, the Restrictive Covenants contained on Exhibit C hereto shall be recorded immediately upon the execution thereof and the passage and ap- proval of this ordinance. SECTION SEVEN: That this ordinance shall be in full force and effect rom and atte'r its passage, approval, and publication in the manner. pro- vided by law and the recording of the Plat of Subdivision and Restrictive Covenants attached hereto as Exhibit A and C, respectively. AYES: NAYS: PASSED and APPROVED this day of 1972. ATTEST: Village President . . . . ........ ' M_ IN ORDINANCE NO, AN ORDINANCE AMENDING MAP 32-N OF THE MOUNT PROSPECT ZONING ORDINANCE WHEREAS, the Plan Commission of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 72-8P, at the hour of 8:00 p.m. on April 21, 1972, pursuant to a request for zoning classification changes in conjunction with a planned unit development; which requested changes were from R-1 (Single Family REsidence District) to R-4 (Residential Development District) of certain property hereinafter described and from R-1 (Single Family Residence District) to B-4 (Business - Retail and Ser- vice District) of certain other property also hereinafter described; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law and published in the March 31, 1972, edition of a news- paper of general circulation within the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by granting the requests under Case No. 72-8P regarding the subject property with the exception that the request for the B-4 classification be modified to a request for a B-2 classification; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map 32-N of the Zoning Ordinance of the Village of ......... . ..... ..... Mount n t -, Pr . ospect, as,amended, be and is hereby further amended by re- classifying from R-1 (Single Family Residence District) to R-4 (Resi- dential Development District) that property described as follows: That part of Lot 4 in the Owners Subdivision in the Southeast 1/4 of Section 25, Township 42 North, Range 1 * 1, East of the Third Principal Meridian as per the plat thereof recorded September 10, 1919, as Document Number 102235 lying East of a line described as beginning at a point on the South line of said Lot 41 588.90 feet West of the center of Des Plaines River Road, which is the Southeast corner of said Lot 4; thence North at right angles to the South line of said Lot 41 498.05 feet to a point on the North line of said Lot 4, excepting from the above tract of land that part described as commencing at a point on the South line of said Lot 4, 404.40 feet West of the center of Des Plaines River Road, said point being the center of a creek; thence continuing West along the South line of said Lot 4, 184-50 feet; thence North at right angles, 355.0 fee't to a point in the center of said creek; thence along the center of said creek the following 5 courses, South 50 degrees, 42 minutesf 38 seconds East, 71.06 feet; thence South 27 degrees, 43 minutes, 54 seconds East, 197.71 feet; thence Souza 06 degreesf 37 minutesf 57 seconds West, 43.29 feet; thence South 42 degrees, 16 minutes, 25 seconds East, 29.73 feet; thence South 17 degreesf 49 minutes, 08 seconds East, 73.53 feet to the place of beginning, also excepting from said Lot 4 that part described as: Commencing at a point on the '- 2 - South line of said Lot 4 with the West line of River Road as per the plat of dedication thereof recorded as Document Number 12177789; thence West along the South line of said Lot 4, 193.24 feet; thence North at right angles to the South line of said Lot 4, 185.0 feet; thence East parallel with the South line of said Lot, 190.0 feet to a point on the West line of River Road aforesaid; thence South along the West, line of said road to the place of beginning, Cook County, Illinois, SECTION TWO: That Map 32-N of the Zoning Ordinance of the Village - of ffo'un-F-P'rospect, as amended, be and is hereby further amended by reclassi- fying, from R-1 (Single Family Residence District) to B-2 (Business - Office District) th-e following described property: That part of Lot 4 in the OWNERS SUBDIVISION in the Southeast 1/4 of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian as per the plat thereof recorded September 10, 1919, as Document No. 102235 bounded by a line described as follows: Commencing at a point on the South line of said Lot 4 with the West line of River Road as per the plat of dedication thereof recorded as Document No. 12177789; thence West along the South line of said Lot 4, 193.24 feet; thence North at right angles to the South line of said Lot 4, 185.0 feet; thence East parallel with the South line of said Lot, 190.0 feet to a point on the West line of River Road aforesaid; thence South along the West line of said road to the place of beginning, Cook County, Illinois, SECTION THREE: That this Ordinance shall be null and void and of no 1717ce and e-fT'ect whatsoever until after its passage, approval, publica- tion and such time as an accurate plat resubdividing the subject parcels described in SECTION ONE and SECTION TWO above is recorded with the Re- corder of Deeds of Cook County, Illinois, a copy of which plat of subdi- vision shall be attached hereto and made a part hereof. NAYS: PASSED and APPROVED this day of EMU" 4 Village Clerk Village President J. M. BRICKMAN MIDWEST CORPORATION, an Illinois corporation, in ac- cordance with the provisions of Sec. 5.1 of the Zoning Ordinance of the Village of Mount Prospect providing for the creation of Planned Unit Developments and the regulation of the same, does hereby covenant with the Village of Mount Prospect, a municipal corporation of the County of Cook and the State of Illinois, as follows: 1. J. M. BRICKMAN MIDWEST CORPORATION will maintain control of the Planned Unit Development proposed on the property described as Lot "A", except that part thereol' bounded by a 'line described as follows; Beginning at the Southeast corner of said lot; thence West along the South line of Lot "A", 185.0 feet; thence Northerly parallel with the Easterly line of said Lot- 11A113 150.0 feet; I. -hence East parallel with the South line of Lot "A", 185.0 feet to a point on the Easterly line of said 'lot, 150.0 feet to the place of beginning and also except that part thereof bounded by a line described as fol- lows: Beginning at a point- on the South II-Ine of said Lot "A", 185.0 feet West of the Southeast corner thereof; thence West along said South line 172.0 feet; thence Northerly parallel with the 'Easterly line o said Lot "A", 155.0 feet; thence East parallel with said South line of Lot "All, 172.0 feet; thence Southerly parallel with the Easterly line of said Lot "A", 155,0 feet to the place of beginning, in Woodview Fianor , Unit No. 2, oeing a subdivision of part of the Southeast 1/4 of Section 24, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; to guarantee development substantially in accordance with Planned, Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1972, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. J. M. BRICKMAN MIDWEST CORPORATION does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Development that it will, by con- tract(s), provide for adequate maintenance of all building exteriors, parking areas, and other paved areas, and of all open space located �., 2 - within said Planned Unit Development, which open space is defined as all of the land upon completion of construction of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, J. M. BRIO SAN MIDWEST CORPORATION will cause a Plat of Open Space Easement to be delivered to the Village of Mount Pros- pect for recordation, which, by said Plats, it is intended to permanently guarantee open space substantially in accordance with said approved Planned Unit Development and any amendments thereto. Said Plats of Open Space Easement shall. constitute a covenant running with the land for fifty (SO) years from the date of said recording of those covenants and shall be enforceable by said Village of Mount Prospect. 4. The covenants herein contained shall run with the land for the periods of time set forth herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. S. Nothing in those covenants shall in any way prevent aliena- tion or sale of the subject property or portion thereof except that said sale shall be subject to the provisions hereof and of the Planned Unit Development Ordinance of the Village of Mount Prospect and the new Owner shall be both benefited and bound by the conditions and restrictions herein and therein expressed. 6. By acceptance of these Restrictive Covenants,, the Village of Mount Prospect acknowledges that its Ordinance relating to Restrictive Covenants has been -fully complied with. 7. If the parties hereto, or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for the other parties hereto including the Village of Mount Prospect to prosecute any proceeding at law or in equity - 3 - against the person or persons violating or attempting to violate any such covenant -- and either to prevent him or them from'so doing or to recover damages or other dues for such violating. V. These Covenants shall be binding upon and inure to tha benefit of the parties hereto, their successors and assigns, J. M. BRICKMAN MIDWEST CORPORATIONI an Illinois corporation ATTEST: By* President Secretary ATTEST: By: . ..... .. ..... ........... Village President Village Clerk ORDINANCE NO. AN ORDINANCE REPEALING CERTAIN PARTS OF ORDINANCE NO, 1194 WHEREAS the Board of Appeals of the Village of Mount Prospect held a special meeting on July 12, 1972, at the hour of 8,-00 p.m., in the Mount Prospect Villag6 Hall, pursuant to notice published in the Mount Prospect Harold on June 26, 1972; and WHEREAS, the Board of Appeals of the Village of Mount Prospect heard testimony presented under Case No. 72-19A pertaining to a re- quest to repeal paragraphs (a), (b)., (c), (h), and (i) of Section One of Ordinance No. 1194; and WHEREAS, the Board of Appeals recommended to the Board of Trustees of the Village of Mount Prospect to grant the request under Case No. 72-19A; and WHEREAS,' the Mayor and Board of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is for the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT., COOK COUNTY, ILLINOIS: SECTION ONE: That paragraphs (a), (b), (c), (h), and (i) of Section One -67 Ordinance No. 1194, passed and approvied March 21, 1967, be and the satne are hereby repealed. SECTION' TWO: That this Ordinance shall be in full force and effect F from and - after its publication and approval in the manner provided by law. Q PASSED and APPROVED this day of 1972. ATTEST: Village Clerk Village President ORDINANCE NO. BE IT ORDAINED BY THE PRE ISDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 'ONE- That Section 11.703 of Chapter 11 (Business Licensing JCME�77 TT -Te MUnicipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety by basing, the fees f,c)r self- service dry cleaT,-1..ing an.d laundering iriachines- upon th,e f'loor area. of t Ile �[)remis es wliere ii -.t, they are locat s o t h a 1", hereafter 1"I"he sa.`Ld "Dection 11,,703 s'.hall. be and. read as follovk/ -s: S e c t. J,, o ri,: 7 0 3 Licei-is ea Fees e�U �� e .„'J 9 pappl-ic,ant 1-.)efore 1), J ­ng granted a, lic(,.,­jase sh.all pz-i-), A E th 0 111..l 11 g ,n.,u - e 1. 01 , i fee for privil-(.ge of, o P e r a t.`Ln g o r for oj,­)el,��ation each c,Lgaret.te venand was n g m a,,-,," J, )LIke box, or oth.er j-ri.echanical ccin,-ii ­sloL. d, e,,,; I» C I g a r e tt e V e n, i o ��a, cz, 11 i n e ss $ 2 5n 0 0 pe r m,ac'lk, ine 2 ILT -u k e 13o x e s $ 10 10 0 pier machine 3. Food Vending Machines a. 1� to 10� car�dy, gum, and nuts $ 1.00 per machine b. All other such machines $10,00 per machine 4. Machines vending other general merchandise $10.00 per machine B. Applicants for licenses for in -in -slot self-service dry cleaning machines, self-service laundering machines, (whether washing machines or drying machines), shall pay the annual fees as set forth in the schedules therefor in Article XXXI of- this Chapter." SECTION TWO: That this Ordinance shall be in full force and effect m anT__aTter its passage, approval, and publication in the manner provided by law. AYES: WIT" PASSED AND APPROVED this day of Village Clerk Village President TO: Mayor and Board of Trustees FROM: Sub -Chairman Kenneth Scholten, Public Health & Safety Committee SUBJECT: Meeting of August 9, 1972 DATE: August 10, 1972 A I members present. In the absence of the affable alld revered Chairman who is enjoy- ing his well deserved vacat.ion, hunting boar and buffalo 'in the M I wilds bv day and closing taverns by night, the following is a report covering our most en,Doyable and enlightening August 9 meet-ing. A111 --hough, Mayor Teichert wCas unable to be with us due to a previously scheduled interview w'.1-th TIME, NEWSWEEK., and the WALL STREET JOURNALO, we were favored with t -he attendance of our enthusiastic, vivacious and brilliant Sanitarian, Marge Boswell. Once again her total charactl_-er, charm and ability clearly demonstrates the wisdom and good Dudgraent of Bob Eppley In'kidnapping her and bringing her tu Mount P.-r-ospect under armed guard. j' Mos ito Abatement: Paul Garvin, Chairman of the Board of Health, has suggested the passage of a resolution which would direct the Northwest Mosquito Abatement District to cease all spraying and fogging operations within Mount Prospect except in emergency situations as determined by the President and Board of Trustees, In his well -reasoned memo of March 23, 1972, he makes this recommendation not so much because the pesticides might be environmental pollutants,, but because +111 feels the results are negligible or ineffective. Marge Boswell is going to tour the area with Mr. Mitchell, Technical Director of NMAD, and after her investigation the Committee will report further. Anti -Dog Defamation ordinance: Much to the chagrin of the Trustees present, Marge Boswell reported that we are averaging about five dogbite calls per week. 111 contrast, we are not averaging as many complaints by residents who have fallen victim to these ill-mannered, whining whelps Thave little or no concern as to when or where they relieve themselves. Thus it is clear that the normally clear thinking Trustees have fallen prey to •the diversionary tactics of these seemingly unthinking beasts and we have concerned ourselves with the wrong end of the beasts. Page 2. Public Health & Safety Committee Meeting 8/9/72 Marge has furnished us with several sample ordinances from other Villages and the Committee will diligently study these prior to our next meeting, after which we will report further, 6 Kenneth V. Scholten Sub -Chairman M E M 0 R A N D U M TO: Mayor & Board of Trustees FROM: Trustee Donald Furst, Chairman, Judiciary Committee SUBJECT* Judiciary Committee Meeting, August 10, 1972 DATE: August 11, 1972 Present: Chairman Furst; Trustees Ahern and Link. Case 72-12P - Rezone from R-1 to B-3, 810-818 River Road and I n 0,11 IN— 11.11 -111111, 1 11 10111111111 , I IN IN 1825--35 E. Euclid. The Committee reviewed this matter and heard Attorney Mort Jacobsen, who represented the petitioner, in a request for the rezoning of an existing shopping center located at 818 River Road and 1825-35 East Euclid, from R-1 to B-3. This is another one of those cases where the property had been zoned commercial in the County prior to our large annexation. The Judiciary Committee, by a vote of 3-0, recommends to the Mayor and Board of Trustees that the request be granted and that the Plan Commission's recommendation to grant, by a vote of 6-0, be concurred with. Case 72-11P - Ems ,ov Driving Range, Northside Euclid Messrs. Gottlieb and Babin appeared before the Judiciary Committee to discuss the zoning phase of a possible future annexation of 38 acres to the Village of Mount Prospect. The request under this case number is to rezone the property upon annexation from RX to an R-4 PUD. The Plan Commission has no recommendation for the Trustees on this matter in that a motion to grant the requested zoning only passed 4-2, one vote shy of the 5 required for a recommendation. The proposed development is for 544 multi -family units to be located on the northerlymost acreage of the 38 acres commonly known as the Rob Roy Driving Range. During the course of the discussion, Roy Gottlieb and Trustee Link elaborated on the negotiations between the River Trails Park District and Kenroy for the acquisition via condemnation of the southerlymost 19 acres more or less. Mr. Link indicated that the Park District has not attempted to act as a rezoning board and that as far as the present request is concerned, the Park has no interest as to whether the request is granted or denied, but only has an interest to the extent that it feels that nothing should be allowed which adversely affects the public. He also indicated that if the rezoning is denied by the Village this factor will not affect the sale of the southerlymost open space to the Patk District, Page 2. Judiciary Committee Meeting -8/10/72 Trustee Ahern felt that the discussion of the zoning on the 38 acres before us was premature in that a rezoning of these 38 acres might, in fact, amount to a rezoning of the remaining golf course -- 180 acres to the west of the subject property -- thereby making a request for multi -family zoning on that parcel a "leadpipe cinch". The Committee was also pleased to have Trustees Anderson, Richardson and Scholten in attendance for their comments. At this point, however, the Judiciary Committee has no recommendation for the entire Board and Mayor, a motion to recommend the granting of the request having failed by reason of the following vote: Chairman Furst - Aye Trustee Anderson - Nay Trustee Link - Pass It is my personal feeling that the matter of this rezoning will not be entirely resolved until our September 12 hearing on the pre -annexation agreement for the annexation and development of this property. At that time the questions as to the location of two buildings will be resolved and the site plan for the develop- ment of the property solidified. Furthermore, we should have some additional information as to the status of the Park District's request for HUD funds as well as the District's feelings regarding open space. Donald B. Furst Chairman