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HomeMy WebLinkAbout2445_001BUILDING DEPARTMENT ov all NEXT ORDINANCE NO. 2393 NEXT RESOLUTION NO. 30-72 0 R D E R 0 F B U S I N E S S Village Board Tuesday, 8:00 P. R. Village of Mount Prospect November 21, 1972 1. Call to order 2. Invocation - Trustee Richardson 3. Rol.1 call 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 regular meeting of November 8, 1972 5. Approval of bills Financial report for the month of October, 1972 6. Communications and petitions 7. Manager's Report 1. Ordinance providing for the issuance of $415,000 corporate purpose general obligation notes of the Village of 14ount Prospect, Cook County, II -1. (SEE EXHIBIT "All) 2. Franchise ordinance Central Tel ephdne Company (SEE EXHIBIT "B") 3. Waiver of solicitors fees - YMCA Indian Guides 8. Mayor's Report 1. Resolution of Appreciation 2. Blood donor program agreements 3. Proposed Consent Decree - Century Tile 4. Commission appointments 5. Proposed extension of liquor hours 9. Committee Chairmen Reports A. Buildinq Committee 1. Second reading of an ordinance granting variations Wille Co. 100 W. Northwest Hwy. Case 72-32A (SEE EXHIBIT "C") 2. First reading of fence ordinance (SEE EXHIBIT 11DII) 3. Case 72-36A - petition of David 0' Brien 1604 Dogwood La. - first readi ng of an ordinance granting rear yard variation (SEE EXHIBIT "Ell) B. - Finance Committee 1. First reading of an ordinance establishing a Class V 1iquor license (SEE EXHIBIT "Fll) C. Fire and Police Committee D. Judiciary Committee 1. First reading of an ordinance amending Map 50-N of the Zoning Ordinance for property on west 0 side of River Rd. north of Camp McDonald Rd. (Case 72-10P) (SEE EXHIBITS 2. Report from Plan Commission on Case 72,-20P Kenroy Inc. Huntington NW corner Dempster & Elmhurst R-4 to B-4 PUD, E. Public Health and Safety Committee F. Public Works Committee 10. Other Business 1. Continuation of public hearing on pre -annexation agreement for property south of Algonquin and east of Nordic Road 2. Second reading of an ordinance amending regulations governing alcoholic liquor dealers (SEE EXHIBIT 11G11) 11. Items to be referred 12. Committee announcements 13. For information only 14. Adjournment sergeant -at -arms : Patrolman Roland Lischalk MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES November 8,_1972 CALL TO ORDER Mayor Tei chert called the meeting to order at 8:20 P. M., INVOCATION Trustee Anderson gave the invocation. ROLL CALL Present upon roll call: Ahern Anderson Link Richardson Scholten Tei chert Absent: Furst APPROVAL OF MINUTES OF OCTOBER 17, 1972 REGULAR MEETING Trustee Scholten, seconded by Trustee Ahern, moved the minutes of October 17, 1972 be approved as submitted. Upon roll call: Ayes: Ahern Anderson Ri chardson Scholten Pass Li n k Motion carried. BILLS FOR APPROVAL Trustee Ri chardson , seconded by Trustee Ahern, moved for approval of bills in the following amounts: General $129,173.76 Parking System Revenue 921.78 Motor Fuel Tax 29,543.52 General Obliogation Bond & Int. 27 5146.25 Waterworks & Sewerage Bond & Interest 31 ,081 2 5 Depr. Impr. & Ext. 18,624 00 Operation & Maintenance 5211708.47 2.89,19'9.03 Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. COMMUNICATIONS AND PETITIONS Winners of a contest conducted under the sponsorship of the Fire Prevention Bureau were awarded ribbons and banks fo'r their work on window and poster painting during Halloween. Dr. Earl Suckow, pathologist at Holy Family Hospital and Mr. Phil Sears, administrator, discussed with the Board the advantages of entering into an agreement with North Suburban Association for Health Resources, an organiza- tion located at 1748 Waukegan Road in Glenview. T h i s program would assure residents of Mount Prospect of re- ceiving free whole blood when needed. The doctor eMDhasi zed the benefits of using blood from volunteer dopers rather than that which has been purchased. Dr. Suckow was requested to prepare an agreement for Mount Prospect to bring back to the Board for discussion and a vote. Ars. Ursula Muehllehner presented a petition signed by 21 persons requesting sidewalks be installed along Euclid Ave. from Burning Bush Lane to the traffic signal at Sycamore Lane. This would protect children using the River Trails Park trict pool as well as other residents in that area living north of Kensington Road and east of Wolf Road. The petition was referred to the Public Works Committee. Mr. Winter requested Board consideration of the Darking sit- uation between Owens Street 'and Evergreen. The Manager and Police Chief will study this problem, partially caused by pos tat empl ogees , an d the Fi re an d Pol i ce Commi ttee wi I I review the whole area. FIRE AND POLICE COMMITTEE Trustee Scholten presented a sight distance ordinance to be read for final passage, and certain amendments were suggested. Mr. Art Coy of the Safety Commission was also present to ex- plain various matters in the body of the ordinance. Several residents appeared as objectors, concerned with possible re- moval of bushes and trees at corners where proper vision was obstructed. The Village Attorney was requested to render an opinion to the Board concerning the rights or ability of the Village to enter upon property under those circumstances, a copy to be made available also to the Safety Commission. RECESS OF MEETING The meeting was recessed at 10:45 P. M. and reconvened at 11:05 P M. Present upon roll call: Ahern Anderson Richardson Link Schol ten Tei chert Absent: Furst A second reading of an ordinance regarding stop and yield sign warrants was referred back to t,h,e Fire and Police Com- mittee for consideration on December 6th, and the Clerk was requested to place the ordinance on the agenda Deceniber 19th. It was suggested changes in the ordinance would be to include local, collector and arterial streetsj, and 'remove all other designations of streets. P. 2 11/8/72 MAYOR' S REPORT Mayor Tei chert reported that in Executive Session before the meeting the members of the Board reviewed the Century Tile Consent Decree for property at 1010 Rand Rd. which has been a matter of litigation over a long period of time. Trustee Schol ten , seconded by Trustee Anderson, moved to ap- prove the proposed Consent Decree for the property commonly known as the Century Tile property. Before the roll call vote was taken, the Board was informally polled by Mayor Tei chert. Trustee Richardson stated he was opposed to the conditions in the Consent Decree and recommended the motion be defeated because it was not in the best interests of the Vi l page. Trustee Ahern concurred. Trustee Schol ten was of the opinion the Board could work better with the Consent De- cree . Trustee Anderson mentioned the Village could obtain a dedication along Louis St. Upon roll call: Ayes : Anderson Link Schol ten Nays : Ahern Richardson Tei chert Motion defeated. Mayor Tei chert read a memorandum from Trustee Furst re ardi ng the above matter, voicing s y i his opinion and statin he woul d pg cast his vote for settlement of the Consent Decree if he had been present. Mrs. Walter deske , 107 N. Louis, expressed opposition to approval of the Consent Decree before the roll call vote had been taken. Mayor Teichert reported that Donald Bostrum had submitted his resignation as a member of the Drainage and Clean Streams Commission. Mayor Tei chert recommended the appointment of Chris P. Potos , 1 602 Ironwood to fill the vacancy created by the resignation of Mr. Bostrum for a term to expire May 1 , 1973. Trustee Schol ten , seconded by Trustee Richardson, moved to concur in the recommendation of the Mayor's appoint- ment of Mr. Potos to the Drainage and Clean Streams Commission. Upon roll cal 1 : Ayes: Ahern Anderson Li nk Richardson Schol ten % Motion carried. COMMITTEE CHAIRMEN REPORTS BUILDING COMMITTEE Wille Co. 100 W. Northwest Hwy. Case 72-32A - petition for variation in rear yard, parking and sign. A discussion re- garding the 9 parking stalls at the front of the store was followed by an informal poll by Mayor Tei chert. Trustee Richardson was in favor of diagonal parking, Trustee Ahern P. 3 11/8/72 did not see reason for change, Trustees Link, Anderson and Schol ten agreed that angle parking would be more feasible. Attorney Fagel, representing the petitioners, stated he would work out this problem with the petitioner's engineer and the Village Engineer. Trustee Anderson, seconded by Trustee Richardson, moved to concur with the recommendation of the Building Committee, concurring with the Board of Appeals to grant the variations in Case 72-32A. Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. An ordinance, submitted for first reading regarding the variations in Case 72-32A was to be read for final reading on November 21st. Accompanying the above was an ordinance rezoning a portion of Map 7S of the Wille Lumber Company property. Trustee Anderson, seconded by Trustee Richardson, moved for passage of Ordinance #2385: AN ORDINANCE AMENDING MAP 7-S OF THE MOUNT PROSPECT ZONING ORDINANCE Upon roll call: Ayes: Ahern Anderson Li n k Richardson Schol ten Motion carried. FINANCE COMMITTEE Request of National Health and Food Service for a wine license at the Randhurst Montgomery Store in the health food department was considered by the Finance Committee. Trustee Richardson, seconded by Trustee Ahern, moved to concur with the recommendation of the Finance Committee for retail sale of packaged wine goods. Upon roll call: Ayes: Ahern Li n k Richardson Scholten Nays, Anderson Motion carried. The Clerk was requested to place an ordinance on the next agenda for first reading, with a second reading to be scheduled for December 5th. BUILDING COMMITTEE At the request of the residents affected by the building violation of Kaplan and Braun, Inc. a continuance was granted until November 29, 1972 before the Building Committee, P. 4 11/8/72 The Director of Building and Zoning recommended changes in the Fence Ordi nance whi ch woul d make i t eas i er to i n- terpret, eliminate the inconveniencein appearing before the Board of Appeals when a fence height exceeds 42" and to el i mi nate the double fence when a pool i s deli red i n the rear yard. The Building Committee recommended that the Mayor and Board of Trustees concur with the recommend- ations and requested the Village Attorney to draft such an ordinance. Trustee Anderson, seconded by Trustee Scholten , moved to concur in the recommendation of the Building Committee. Upon roll call: Ayes : Anderson Li nk Richardson Schol ten Pass: Ahern Motion carried.' MANAGER" S REPORT Mr. Ken Schmielewski requested a temporary trailer permit in order that he may raze his home which wasseverelydam- aged by flooding. Trustee Link, seconded by Trustee Richardson, moved to authorize the Village Manager to issue a temporary per- mit for the use of a trailer at 1109 Meadow Lane for a period of 6 months, subject to letters of approval from his immediate . ........ neighbors. Upon roll call: Ayes: Ahern Anderson Li nk Richardson Scholten Motion carried. Trustee Anderson5 seconded by Trustee Richardson, moved to consider a matter not on the agenda regarding changing the amount of the cash bond required for the sale of Christmas trees, and to waive the rules requiring two readings of an ordinance. Upon roll call: Ayes: Ahern Anderson Link Richardson Schol ten Motion carried. Trustee Richardson, seconded by Trustee Ahern, moved for passage of Ordinance #2386: AN ORDINANCE AMENDING SECTION 11.1403 OF THE BUSINESS REGULATIONS CODE (Changing cash bond for sale of Christmas trees from $50-00 to $140.00} Upon roll call: Ayes: Ahern Anderson Link Richardson Schol ten Motion carried. p. 5 11/8/72 BUILDING COMMITTEE Trustee Anderson, seconded by Trustee Ahern, moved to concur with the recommendation of the Board of Appeals and Building Committee to permit the erection of a 6' barbed wire fence at Illinois Bell Telephone Co. located at 301 N. Arthur. Upon roll call: Ayes: Ahern Anderson Link Richardson Scholten Motion carried. Case 72-36A - Petition of David O'Brien, 1604 Dogwood La. to use existing wire fence on property line for below -ground swimming pool, to construct a similar fence to complete en- closure of petitioner's property, and to construct a below - ground pool to within 13'1" of rear lot line. The Clerk was requested to advise the petitioner's attorney and objectors the Board will consider the matter at the next regular meet- ing November 21st. PUBLIC HEALTH AND SAFETY COMMITTEE Trustee Ahern, seconded by Trustee Richardson, moved for passage of Ordinance #2387: AN ORDINANCE INCREASING THE NUMBER OF TAXICAB LICENSES TO BE ISSUED BY THREE., AND AMENDING SECTION 11.1102 OF THE MUNICIPAL CODE Upon roll call: Ayes: Ahern Anderson Li n k Richardson Motion carried. Scholten OTHER BUSINESS Trustee Ahern, seconded by Trustee Scholten, moved to ap- prove establishment of a salary for the Liquor Commissioner, effective May 1, 1972. Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. An ordinance making certain amendments to the regulations governing alcoholic liquor dealers was presented for first reading and the Clerk was requested to place it on the next agenda for final passage. A public hearing on a pre -annexation agreement for property south of Algonquin and east of Nordic Road was continued to the next meeting. Trustee Link, seconded by Trustee Scholten, moved for passage 01 of Ordinance No. 2388: AN ORDINANCE ANNEXING PROPERTY LOCATED ON MAP 37-S of THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT P. 6 11/8/72 NJ, Upon roll call: Ayes Ahern Anderson Li n k Richardson Scholten Motion carried. Trustee Link, seconded by Trustee Richardson, moved for passage of Ordinance #2389: AN ORDINANCE REZONING MAP 37-5 OF THE MOUNT PROSPECT ZONING ORDINANCE Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. A grant of easement 15 feet in width for a water main and a sanitary sewer at Elmhurst Road and Euclid Avenue was pre- sented. The water main and sanitary sewer shall be con- structed by Kenroy, Inc. James Nykodem, Jr. and Elsie H. Nykodem, his wife are the owners of the property. Trustee Richardson, seconded by Trustee Ahern, moved to accept the grant of easement, authorizing the Mayor to sign and the Clerk to attest, indicating acceptance of the subject ease- ment. . ...... . _ Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. MFT Project 111-0608 - Euclid Avenue Trustee Scholten, seconded by Trustee Richardson, moved to waive the rules requiring two readings of the following three ordinances. Upon roll call: Ayes: Ahern Anderson Li n k Richardson Scholten Motion carried. Trustee Ahern, seconded by Trustee Richardson, moved for passage of Ordinance #2390: AN ORDINANCE AMENDING SCHEDULES V AND VI OF THE TRAFFIC CODE Upon roll call: Ayes: Ahern Anderson Link Richardson Scholten Motion carried. p. 7 11/8/72 Trustee Richardson, seconded by Trustee Ahern, moved for passage of Ordinance #2391 AN ORDINANCE AMENDING SECTION 9.148 OF THE MUNICIPAL CODE OF MOUNT PROSPECT PROHIBITING ENCROACHMENTS ALONG THE PUBLIC RIGHTS-OF-WAY KNOWN AS EUCLID AVENUE Upon roll cal 1 : Ayes: 'Ahern Anderson Li nk Richardson Scholten Motion carried. Trustee Richardson, seconded by Trustee Schol ten, moved for passage of Ordinance #2392 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE MATER INTO CERTAIN STORM SEWERS IN THE VILLAGE OF MOUNT P ROSP ECT , COOK, COUNT' , ILLINOIS Upon roll Cal 1 : Ayes: Ahern Anderson Link Richardson Scholten Motion carried. Trustee Scholten , seconded by Trustee Richardson, moved to waive the rules to consider a matter not on the agenda - Laurel Estates Subdivision plat. Upon roll call: Ayes: Ahern Anderson Li n Richardson Scholten Motion carried. Trustee Richardson, seconded by Trustee Ahern , moved to authorize the Mayor to sign and the Clerk to attest Laurel Estates plat of subdivision, subject to posting of public improvement bonds . Upon roll cal 1 : Ayes: Ahern Anderson Li n Richardson Scholten Motion carried. COMMITTEE ANNOUNCEMENTS Finance - November 20 Public Works - November 15 Fi re and Pal i ce - December 6 - Agenda : 2 -hour parking Bui 1 di ng - Nov. 29 - Kapl an & Braun vari ati ons swi mmi ng pool s , screening of garbage and receptacles p. 8 11/8/72 ADJOURNMENT Trustee Scholten , seconded by Trustee Ahern, moved the meeting be adjourned. Time: 1:15 A. M. Unanimous. DONALD W. GOODMAN Village Clerk AN ORDINANCE GRANTING TO CENTRAL TELEPHONE COMPANY OF ILLINOIS, ITS LESSEES, SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE RIGHT AND PRIVILEGE FOR A PERIOD OF FIFTY (50) YEARS TO USE THE STREETS, ALLEYS) BRIDGES, RIVERS AND OTHER PUBLIC PLACES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, FOR THE PURPOSE OF ERECTING, MAINTAINING AND OPERATING A TELEPHONE SYSTEM, INCLUDING ALL NECESSARY APPURTENANCES., AND PRESCRIBING CERTAIN TERMS AND CONDITIONS UNDER WHICH SAID COMPANY IS TO OPERATE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECT -101N ONE,: That the Central Telephone Company of Illinois, and Illinois corporation, its lessees, successors and assigns (hereinafter referred to as the "Grantee") is hereby granted the nonexclusive permission, authority, right and privilege for a period of fifty (SO) years to use the streets, alleys, bridges, and other public places of the Village of Mount Prospect, Illinois (hereinafter referred to as the "Village") as the same may exist from time to time, for the purpose of erecting, maintaining and operating a telephone system, including all necessary appurtenances, and to use, jointly or otherwise, the property of other companies and to permit other companies to use its property under such arrangement as such companies and the Grantee may agree. SECTION TWO: That all poles, wires, cables, conduits or other fixtures installe y the Grantee under this Ordinance shall be located so as not to interfere with the ordinary travel and use by the public of the streets, alleys, bridges, and other public places of the Village and shall be in- stalled under the direction of the Village Engineer, who shall issue per- mits for such installation, if the proposed change or installation con- forms to the provisions hereof. A. The height above public thoroughfares of all aerial wires and cables hereafter constructed shall conform to the requirements of the Illinois Commerce Commission or other regulatory body having jurisdiction thereof. B. All structures hereafter installed shall be so placed, and all work in connection with such installation shall be so performed as not to interfere unreasonably with ordinary travel on the highways of the Village or with any municipal water or sewer pipes then in place, and in case of bringing to grade or change of grade, or change of width of any street or alley, said Grantee, provided it is notified thereof in writing at least thirty (30) days prior to the commencement thereof, shall change its structures so as to conform thereto except where such change of grade or the width of any street or alley is made in connec- tion with the rearrangement, separation or alteration of railroad crossings or is incident to any such rearrangement) separation, or alteration. C. The tops of all vaults constructed by said Grantee within the Village shall present an even surface with the pavement at the point where laid, and, subject to the exception contained in the last preceding sentence, shall be lowered or raised by said Grantee to conform to the top of paving or improvement as re- quired by the governing body of the Village whenever the grade of the street or alley in which any such vault is located may be at any time hereafter lowered or raised. SECTION THREE: That no person shall move, over the public ways and places within the Village, any building or other object or take any other action 1 1 which will necessitate the relocation of any of the Grantee's equipment, unless the person proposing to move such building or object or to take such action (hereinafter called the "applicant") shall make application to the Village for a permit. A. 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UOTIOP a@1140 10 PGAOUI oq ol, 43@Cqo ao fUTPTTnq ail; �o aan;vu @T41 UTOJoT44 2UT4VIS 4UGAV4 2UT@q UOTJOV aO PG3U@LUWOD 2uiaq GAOIU GLIJ JO @DUPAPV UT sanoij (VZ) jnoJ-A4uam4 4staT It O@JUVaq 0.44 UOAT2 aq o4 GOTIOU UaIITJM asnvD TTVIIS 4UVDTTddp aqj -q 'Ua�JVJ UOT40e aal[40 XUV aO apvw aq Tlvqs aAO1H Tqons ijoTqm aapun suoT4TPUO3 aqj XTJ TU74s PUP P9AOW aq TTTm ainjonals JO 2UTPTTnq pTps atj; qDTqM J@AO a4noa aqj XTJ 11vqs a2vT -ITA al[l `a tTTTA atfl, 30 SaOUPUTPaO aalljO qITM s4DTTJuO:) 91v alatIl J911;at[M 2UTa@PTSUO3 Ja;je Put laa4uvaq aqj Xq PaqSTU day for each eight (8) hour day or fraction thereof during which the Village carries out such repair 'or replacement. SECTION,,FIVE: Nothing herein shall be construed as to limit the power o th-6 V"111age to establish, by ordinance or resolution, reasonable regula- tions for the convenience, safety and protection of its inhabitants as such power now or hereafter exists in the Village. I A. The said Grantee shall, at its own expense, defend all suits that may be brought against the Village on account of or in connection with the violation by the Granteee of any of the obligations hereby imposed upon or assumed by it, or by reason of or in connection with any damage to life, limb or property as a result of any of the structures constructed by it under or by virtue of this ordinance, and shall save and keep harmless the Village, except where the Village is solely at faidult, from any and all damages, judgments, costs and expenses of 0 -very kind. including reasonable attorneys' fees (when Said feels are incurred by the Village as a result of said Grantels unjustifiable refusal to defend a claim or suit tendered as herein provided), that may arise by reason thereof- provided that notice in writing shall be immediately given to said Grantee of any claim or suit against the Village which, by thr..-,., terms hereof, the said Grantee shall be obligated to defend, or against which the Grantee has hereby agreed to save and keep harmless the Village and provided further that the Village shall furnish to said Grantee all information in its possession relating to said claim or suit, and cooperate with said Grantee in the defense of said claim or suit. B. The governi"ng body of the Village may, 'if it so desires, assist defending any Such claim or suit, but solely under the direc- tion of the Grantee or its attorneys,, and the Grantee shall not 'be required to reimburse the Village for expenses incurred by it in case of the election, so to assist, SECTION SIX: In consideration of the foregoing grant, while said Grantee - s 111 u "I s, - ing any pole or poles erected or maintained hereunder, it will permit the Village the use of sufficient space for carrying the Village's police and fire alarm signal wires by means of one crossarm to be placed, in accordance with the Granteee's specifications, by the Village at its expense, at the top of the space available for the use of the Granteee on any of said poles, it being understood that the poles upon which space is permitted the Village shall be considered, for the purpose of this agreement, as personal property; provided that such wires shall be so placed and main- tained by the Village that the use of the same will not interfere with the operation and maintenance of the Grantee's equipment or its use of said poles. The Village shall, at its own expense, defend all claims, demands or suits on account of any injury to life, limb or property that may result by rea- son of or in connection with the presence, use, maintenance, erection or removal of the Village's police and fire alarm signal wires and their ap- purtenances pursuant hereto, and hereby agrees to save and keep harmless said Grantee from any and all damages, judgments, costs and expenses of any kind which may arise by reason thereof. SECTIONSEVEN: In consideration of the rights' and privileges herein granted I -f-heGrantee,, the Grantee,, its lessees, successors and assigns, shall pay to the Village a franchise fee equal to two (2%) percent of the annual gross subscriber station rental revenue hereafter received by the Grantee from its telephone subscribers within the corporate limits of the Village as they are now fixed or may hereafter be extended or re- tracted. A. "Gross subscriber station rental revenue" shall not include amounts received by the Grantee from its telephone subscribers for payments of said two (2%) percent franchise fee, any tax levied pursuant to The Messages Tax Act or any similar state law, or any other fee, charge, license, tax or assessment levied upon Grantee, whether paid by Grantee or passed on to and collected by Grantee from its subscribers, in addition to the tariff charges otherwise collected by Grantee. ,ow 3 - B. Said franchise fee shall be paid in semi-annual installments on or before January 31 of each year for the preceding six (6) months' period from July I to December 31; and on or before July 31 of each year for the preceding six (6) months' period from January 1 to June 30. The first such semi - annual payment shall be an amount equal to two (2%) percent of the gross�sub- scriber station rental revenue received by the Grantee from the effective date of this franchise to December 31 or June 30, whichever first occurs. C. Said franchise fee shall be paid to and shall be received by the Village as compensation in full and in lieu of any and all other fees, charges, licenses, taxes or assessments of whatever nature which shall or may be imposed by the Village on the Grantee. In the event that other fee -s, charges, licenses, taxes, or as- sessments, shall hereafter be imposed by the Village, such other fees, charges, licenses, taxes, or assessments shall be deemed and considered a credit against the said two (2%) per cent fran- chise fee; provided, however, that such monies imposed upon cus- tomers o -1P the Grantee and collected by the Grantee shall be in addition to the said two (2%) per cent franchise fee and shall not be considered a credit against.,- -the said two (2%) per cent franchise fee. Furthermore) ad valorem taxes imposed generally upon real and personal property,"S" Ztuat - e within the corporate limits of the Village as they are now or may hereafter be fixed and special assessments for special benefits accruing to pro- perty shall not be deemed and considered a credit against the said two (2%) per cent franchise fee and shall not affect the obligation of the Grantee under this Section. SECTION EIGHT: In the event that said Illinois Commerce Commission or any 0'thr'Fc_TY �, card, commission or court of competent jurisdiction shall i ( adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Grantee in any matter or thing herein contained, such in- validity or illegality or change shall in no way affect the remaining provisions of this ordinance, or their validity or legality, and this ordinance in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal or such change directed. SECTION NINE: That all grants, franchises, rights, licenses and privi- I-e-ges heretofore made or granted by the Village by ordinance or otherwise to said Grantee and all rights of said Grantee under grants, franchises, rights, licenses and privileges made by the Village to others from which said Grantee may have purchased any part of its poles, lines, equipment or plant, are hereby revoked and repealed, it being the intention that this ordinance shall contain all grants, franchises, rights, licenses and privileges of said Grantee, and all obligations of said Grantee in connection therewith, SECTION TEN: That said Grantee, its successors and assigns, shall file a bond wi a responsible surety to be approved by the Village Board of said Village, which bond shall run to the Village of Mount Prospect and be in the penal sum of Two Thousand ($2,000) Dollars, to guarantee the full and faithful performance of all of the conditions of this ordinance to be complied with by the said Grantee, so long as it, its successors, or its assigns, shall operate under this franchise ordinance. Said bond shall be filed with the said Village Clerk within thirty (30) days after the acceptance by the said Grantee of this franchise. Furthermore, nothing in the provisions of this SECTION TEN shall limit the liability of the said Grantee under this ordinance to Two Thousand ($2,000) Dollars. '- 4 - SECTION ELEVEN: That this ordinance shall be in full force and effect m, an ' 7ft T" its passage and approval and upon the filing with the Clerk of the Village, within thirty (30) days after such passage and approval, of Grantee's written and unconditional acceptance thereof, F.,V#*Os NAYS: PASSED and APPROVED this day of 19724 ATTEST: Village President Central Telephone Company of Illinois hereby presents this, its written and unconditional acceptance of the provisions of a certain ordinance passed by the Board of Trustees of the Village of Mount Prospect,, Cook County, Illinois, on the day of I A.D. 1972, and approved by the President thereof on the day of A.D. 1972, entitled, "An Ordinance Granting To Central TeleP �hon e Company , Of Illinois, Its Lessees, Successors And Assigns, A Nonexclusive Right And Privilege For A Period Of Fifty (50) Years To Use The Streets, Alleys, Bridges, Rivers And Other Public Places Of The Village Of Mount Prospect, Illinois, For The Purpose Of Erecting, Maintaining And Operating A Tele- phone System, Including All Necessary Appurtenances, And Prescribing Certain Terms And Conditions Under Which Said Company Is To Operate", and hereby, in compliance with the terms of said ordinance, files this accep- tance with the Village Clerk of said Village. ATTEST: ---g—ecretary By: President JIRDINANCE NO, IP ► 11 t i 9 1 R a a MIA a A 6*1 N 1196111"61IR HOW JA WHEREAS, the Board of Appeals of the Village of Mount Prospect did meet on September 28, 1972, at the hour of 8:00 p.m., in the Village Hall of Mount Prospect and did hear Case No. 72-32A, pursuant to legal notice published in the Mount Pray Herald on September 12, 1972s0 and WHEREAS, the Board Of Appeals of the Village of Mount Prospect did hear a petition requesting variations for the reduction of off-street park- ingand loading facilities; the increasing of the size and height of a sign; the installation of a basement; the reduction of rear yard requirements; and the installation of outdoor lighting of certain park- ing areas; and WHEREAS, the Board of Appeals of the Village of Mount Prospect voted 3-1 to allow the variations provided the entire buildings gs would be sprinklered to the satisfaction of the Mount Prospect Fire Department; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect has recommended that the President and Board of Trustees grant these variations; and WHEREAS, the President 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 the property being the subject matter of Case No. 72'-32A, being legally,described as follows: Lots 2-12 inclusive in Block 2 in Busse and Wille's Resubdivision in Mount Prospect, a Subdivision in the West Half of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, Cook County, Illinois; is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as B-3 (Business - Retail and Service District), and I-1 (Light Industrial District), which zoning classifications shall remain subject to the variations granted herein below: A. That parking requirements of the B-3 and I-1 Districts be reduced in order to require the petitioner to provide a total of 213 101x201 0 off-street parking spaces upon the subJect, 'k * pro- perty; and that any parking spaces providedin front of the exi,sting struSture along Busse Avenue be restricted to 60 diagonal parking spaces. B, That the industrial rear yard requirement of 201 be eliminated along the rear of lots 2 through 5 inclusive. C. That the existing sign used to 'illuminate the parking areas abutting Northwest Highway be relocated 150' from its present location to a point which shall provide a setback from any property line of a distance not less than the height of said sign. ExXHIBIT SECTION TWO: That all requirements of the Mount Prospect Building an+aping Code shall be applicable except the variations noted in ,SECTION ONE heretofore mentioned. SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized and directed to issue a building permit in accordance with the variations and limitations hereinbefore mentioned, SECTION FOUR: That the variations granted by this Ordinance shall be null and -void, and of no force and effect whatsoever unless an applica- tion for a building permit pursuant to such variations is made and con- struction commenced within one (1) year of the date said Ordinance becomes effective. SECTION FIVE: That this Ordinance shall be null and void and of no rce and effect whatsoever until after its passage, approval publication. and such time as an accurate plat resubdividing the subject parcel des - c Jbed in SECTION ONE above is recorded with the Recorder of Deeds of ri Cook County, Illinois, a copy of which plat of subdivision shall be at- tached hereto and made a part hereof. PASSED and APPROVED this day of v 1972, Village President wo NNOWN P "_ on � 111 Village Clerk - 2 ORDINANCE NO, AN ORDINANCE AMENDING THE REGULATIONS FOR FENCES BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 'ONE: That Article VII of Chapter 21 of the Municipal C -0 -Te- of'unt Prospect of 1957, as amended, be and the same is amended in its entirety so that hereafter the said Article VII shall be and read as follows: ARTICLE VII FMOM Section 21.701: Hei.ght and Location (a) Fences not more than five (51) feet in height will be permitted in the Village of Mount Prospect as follows: (1) Along the interior or Year lot lines and entirely behind the front building line,, (2) On corner lots, any fence shall be set back one (11) foot from the right-of-way line of the side street and entirely be- hind the rear building line on the side street side. (b) Fences at least. four (4 feet six (6") inches but not greater than five (51) feet in height to completely surround swimming pools other than swimming pools having a raised deck at least four (4 1) feet six (611) inches above grade and may be -placed as follows: (1) Along the perimeter of the pool walk areas; or (2) Along the perimeter of the lot as described in (a) - 1 and 2 above. (c) In residential districts as defined by the Village of Mount Prospect Zoning Ordinance: A fence up to six (61) feet in height will be permitted if placed no nearer to property lines than a building is permitted under the Zoning Ordinance of the Village of Mount Prospect, and provided that a twenty-five (25!) foot set -back is main- tained from the rear lot line. (d) In a residential district, patio screening is not to exceed six (61) feet in height nor eighteen (18') feet in length will be allowed nearer to the lot line than the building is permitted, provided: (1) It is located adjacent to or adjoining a patio or swimming pool. (2) Said screening is entirely in the rear yard. Secti Section 21.703: -Nuisance Abatement Any fence which may be erected or in process of erection, contrary to the provisions of this Chapter,,shall be deemed a nuisance, and it shall be the duty of the Director of Building and Zoning to sum- marily abate the same. Section 21.704: Issuance of Permits The Director of Building and Zoning is hereby authorized to issue a permit for the erection of a fence provided.- (a) Two (2) drawings or sketches of the proposed fence are submitted along with a properly completed building permit application; (b) The proposed fence shall :nieet the requirements set forthin this Artic16 VII of Chapter, 21 hereiin- and P (c) It shall be unlawful to proceed with the construction or erection of any fence before a permit for such work has been obtained from the Building and Zoning Depart- ment, - 4 - SECTION TWO: That subsection (c) of Section 21.1108 be and the same is heF'eby amended to reflect the changes in fencing require- ments in outdoor swimming pools outlined in SECTION ONE above; so that hereafter said subsection (c) shall be and read as follows: The fence and gates shall be at least four (41) feet six (6") inches, but not greater than five (51) feet in height above the walk grade level." SECTION THREE: That this Ordinance -shall be in full force and eftect f-r—om and after its passage, approval, and publication in the manner provided by law. ROM PASSED and APPROVED this 1_0, ....... .,.day of 1 1972* ATTEST: "V-11" "-age P r e s i d e n t 11 11 1 11 1 Village Cloerk - 5 - ORDINANCE NO, WHEREAS, the Board of Appeals of the ;,w of Mount Prospect did hold a public hearing on October 26, 1972, at the hour of 8:00 p.m., at the Village Hall pursuant to proper legal notice; and WHEREAS, the Board of Appeals of the Village of Mouxlt Prospect heard testimony presented under Case No. 72-36A pertaining to a request for a variation to within thirteen feet one inch (1311") of the rear lot line; and WHEREAS, the petitioner made the request for these variations to allow the installation of an excavated swimming pool - and WHEREAS, the Board of Appea-Is found that the particular shape of the lot would result in a practical difficulty and hardship upon the owner, and recommends approval of the variation as sought; and WHEREAS, the Judiciary Committee of the Board of Trustees of the Village of Mount Prospect recommended to the Board of Trustees of the Village of Mount Prospect the granting of the variation; and WHEREAS, the President and Board 'of Trustees of the Village of Mount Prospect have reviewed the matter herein and have determined that the same is in 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 the property being the subject matter of Case No. Iia 'beng legally described as follows: Lot 832 in Brickman Manor First Addition, Unit being a subdivision in the East 1/2 of the Southeast 1/4 of Section 26., Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, illinois, is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-1 (Single -Family Residence), which zoning classification shall remain in full force and effect subject to the following granted variation: A. The minimum rear yard shall be thirteen feet one inch (1311"), to allow the installation of an excavated swimming pool. SECTION TWO: That all requirements of the Village Code shall be appli- 11 411 c , ab '1 11, e exclept that variation as specified in SECTION ONE heretofore mentioned. SECTION THREE: That the Director of Building and Zoning of the Village of i M I ount Prospect is hereby directed to issue a building permit in ac- cordance with the variation hereinabove mentioned. -MOW SEICTION111111FOUR: That the variation granted by this Ordinance shall be n"u'llan-d—void and of no force and effect whatsoever unless an appli- cation for a building permit, pursuant to subject variation, is made and construction commenced within one (1) year of the date said Ordi- nance becomes effective, SECTION FIVE: That this Ordinance shall be in full force and effect from and--aTfer its passage, approval, and publication in the manner prescribed by law. mums PASSED and APPROVED this of 9 1972. ATTEST: Village President Village Clerk - 2 �- ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE PLANNED UNIT DEVELOPMENT OF PROPERTIES LOCATED ON THE WEST SIDE,OF RIVER ROADIL NORTH OF CAMP McDONALD ROAD WHEREAS, the Plan Commission of the.Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 72-10P 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 'ded by law and published in the April 3, 1972, edition of a newspaper provi of general circulation within the Village of Mount Prospect* and WHEREAS., the President and Board of Trustees of the Village of Mount Pros- pect have determined that the best interests of the Village of Mount Pros- pect will be attained by the adoption of the request under Case No. 72-10P 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 allow the -T.--ml RICKMAN MIDWEST CORPORATION, or its assignees, to construct a planned unit development upon the following described property, hereinafter referred to as the "subject property": Lot "A", except that part thereof 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 "A", 150.0 feet; thence East parallel with the South line of Lot 11A119 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 line 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 of 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 Manor, Unit No. 2, being 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. A Plat subdividing the subject tract is attached hereto and made a part hereof as Exhibit A. which subdivision shall not be re -subdivided hereafter -- in accordance with the special use permit granted herein. SECTION TWO: That the planned unit development hereinabove authorized and permitted shall be constructed pursuant to the land uses and standards 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: The J. M. BRICKMAN MIDWEST CORPORATION, as owner of the sub- ject property shall execute and see to the recording of the "Restrictive Covenants" attached hereto and made a part hereof as Exhibit C. ** 2 - SECTION FOUR: That the Director of Building and Zoning of the Village of - 1,111-1 . ..... ..... . 0 Mount Prospect 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 ordinance herein, and all other applicable ordinances of the Village of Mount Prospect, and in general conformity with the "Prospectus" attached hereto and hereby made a part hereof as Exhibit D, with the further requirement: that all of the aforementioned ordinances shall govern and control said construction in conformity with said "Prospectus" so that in cases of any conflict the more stringent standards shall control. A. The owner, J. M. BRICKNIIAN MIDWEST CORPORATION, shall have the option to construct the entire planned unit developiilent at once -- or in stages as shown in the Stage Plan Exh`J,,Nit at- tached hereto and hereby made a part hereof as Exhi't').it E. B. Construction of public improvements on site and off site shall proceed pursuant to Section 5.1 of the Zoning Ordinance, or if J. M. Brickman Midwest Corporation desires to consiCrurt, the said planned unit development in stage's as shown upon, thre; said Exhibit E, the stages of development may proceed in any sequence as de- termined by J. N1. Brickman Midwest Corrng P oation so loa,s, the water mains, storm and sanitary sewer lines, and access roads within any given stage shall have been constructed and, installed by the Own.er and approved and, accepted, by the Village before the f buildi,T-i,gs, located 'Village shall issue any, building permits or urpoS,,,-es,, the afore - *thin that, P wi 1 given, stage. For fire fighting . r i va mentioned, "access roads" shal,l mean those p te roads Tef lected, on the Site Plan (Exhibit B) except that no asphaltic topping has been installed thereon* C. Before the acceptance by the Village of ownership of any on- site water mains or sanitary sewer lines reflected in the said On -Site Utility Plan (Exhibit F), J. M. Brickman Midwest Corpora— tion shall convey to the Village of Mount Prospect sufficient easements (minimum 10 feet wide) for the maintence of such on- site water mains and sanitary sewer lines and, shal]. most with the Village bonds in a form approved by the Village, Attorney and in sufficient amount as to guarantee said construct ion and installation for a period of two (2) years from, the date of ac- ceptance of said water mains and, sanitary sewer lines, D. The storm water retention shourn upon the Site Plan (Exhibit B) shall be of a minimum acre feet capacity. SECTION FIVE: That as each stage of development is completed and occu- pancy certificates are issued for all of the residencies in, such stage, J,',M. Brickman Midwest Corporation will cause a Plat of Open Space Ease- ment to be delivered to the Village of Mount Prospect. A. These plats 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. B. That said Plats of Open Space Easement shall constitute a covenant running with the land and shall be enforceable by the said Village of Mount Prospect. SECTION SIX: That this ordinance together with, all *its, exhibits and . . ...... 5 of Cook plans shall be recorded in the Office of the Recorder of Deed. County, Illinois upon completion of the planned, 'unit development herein*, and the Restrictive Covenants contained on Exhibit C hereto shall, be - 3 �- recorded immediately upon the execution thereof and the passage and approval of this ordinance. SECTION SEVEN: That this ordinance shall be in full force and effect IMM, IF, - I from and""EUtgr 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. PASSED AND APPROVED this day of 11119 1972, ATTEST: Village Clerk �jage President TO: BOARD OF TRUSTEES FROM: PLAN COMMISSION DATE: NOVEMBER 15, 1972 CASE 072-20P KENROY, INC. HUNTING N.W. CORNER DEMPSTER & ELMHURST RD. R-4 B--4 PUD DATE OF PUBLICATION SEPTEMBER'29, 1972 DATE OF PUBLIC HEARING: OCTOBER 20, 1972 THIS I5 A REQUEST TO REZONE FROM R-4 TO B-4 PUD PROPERTY LOCATED AT NORTHWEST CORNER OF ELMHURST RD. AND DEMPSTER STREET. IT WAS PROPERLY MOVED AND SECONDED THAT THE PLAN COMMISSION RECOMMEND TO THE VILLAGE TRUSTEES THAT THE PETITION TO REZONE FROM R--4 TO B-4 PUD IN SUBSTANTIAL COMPLIANCE WITH EXHIBIT 45 AS SUBMITTED TO THE PLAN COMMISSION AT ITS PUBLIC HEARING IN CASE 72-20P BE GRANTED PROVIDING THAT THE NORTHEAST ENTRANCE ON ELMHURST RD. BE MODIFIED 50 EACH PORTEL IS WIDENED TO 24 FEET, THE GAS SERVICE STATION SHOULD BE MOVED TO PERMIT STRAIGHT FORWARD ACCESS OF AT LEAST 50 FEET; THAT THE TURNING RADIUS FOR FIRE VEHICLES BE A MINIMUM OF 35 FEET; THAT A SOLID FENCE BE CONSTRUCTED ALONG THE WESTERN LOT LINE, AND IT IS HIGHLY RECOMMENDED THAT THE DEVELOPER PROVIDE ACCELERATION LANES ON ELMHURST RD. SOUTH OF THE NORTHERN ENTRANCE AND ON DEMPSTER STREET WEST OF THE SOUTHERN ENTRANCE AND THAT ADEQUATE DETENTION FACILITIES BE PROVIDED AS PER VILLAGE ORDINANCES. ROLL CALL VOTE RESULTED AS FOLLOWS: AYES 7 NAYS 0 ABSENT 2 MOTION DECLARED CARRIED, AJC BUSENHART, SECRETARY CC PLAN.COMMISSION VI LLAGE MANAGER