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NEXT ORDINANCE NO* 2409
NEXT RESOLUTION NO, 10-73
0 R D E R 0 F B U S I N E S S
Village Board
Tuesday, 8:00 P.M.
Village
of Mount
Prospect
March 6, 1973
1.
Call to order
Chairmen Reports
2.
Invocation -
Trustee Ahern
1,
3.
'Roll call
237 E. Prospect Ave.
2,
Mayor Robert D. Tei the rt
Trustee Ahern
Trustee Link
B.
Finance Committee
Trustee Anderson
Trustee Ri chards on
Fire and Police Committee
Trustee Furst
Trustee Scholten
4.
Approval of
minutes of the regular meeting
February 20, 1973.
5.
Approval of
bills
6.
Communications
and petitions
Case 73-3P Comprehensive amendment to the Zoning Ordinance.
7s. Manager's Report I
1. Request of St. John LutheranSchool, 1101 Linneman Rd.
for waiver of building permit fees for school addition.
2. Recommend for approval for supplemental MFT Resolution
($103000) 37CS William St. Bridge (EXHIBIT A
3. Presentation of proposed 1973-74 Village Budget
8e Mayor's Report
1.
Presentations to retiring firemen
2.
Fire Department activity movie (40 minutes)
9. Committee
Chairmen Reports
A.
Building Committee
1,
Case No. 73-4A Simmons Engineering Corps
237 E. Prospect Ave.
2,
Case No. 73-5A John Mullowney
223 N. Main .St.
B.
Finance Committee
C.
Fire and Police Committee
D.
Judiciary Committee mittee
I,o
Case 72-20P' Public Hearing on the amendment
of a certain
annexation agreement dated December 2, 1969,
between the
Village of Mount Prospect and Kenroy, Inc.
2.
Case 73-3P Comprehensive amendment to the Zoning Ordinance.
(EXHIBIT B
36
An Ordinance creating a Planning Commission for the
Village of Mount Prospect
(EXHIBIT C
7 $Z
E. Public Health and Safety Committee
F. Public Works Committee
10. Other Business
1. An ordinance for the 1973 regular election for the
Village of Mount Prospect.(to be submitted) (EXHIBIT D)
11, Items to be referred
1, Report from Safety Commission referred to Fire and Police
Committee
12. Committee announcements
13.. For information only
I Letter of,, L. Mi chael Ful tz regardi ng proposed I I I i not s Bel I
Telephone Company increase in telephone rates6
14. Adjournment
Sergeant -at -arms Lt. Fred Hedlund
ORDINANCE NO.
AN ORDINANCE CREATING A PLANNING COMMISSION
FOR THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the corporate authorities of the Village of Mount Prospect
have reorganized zoning procedures and appeals procedures by adopt-
ing an entirely new Chapter 14 of the Municipal Code of Mount Pros-
pect; and
WHEREAS, pursuant to the concept of the e afor ' esaid reorganization, it
has been determined that the Village of Mount Prospect is in need of
a commission whose sole responsibility is to maintain a plan for the
entire community; and
WHEREAS, the President and Board of Trustees of the Village of Mount
Prospect believe the foregoing and the following to be 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 Article IV of Chapter 5 of the Municipal Code of
Mount Prospect of 1957, as amended, be and the same is hereby further
amended in its entirety by substituting therefor a new Article IV
creating a Planning Commission; so that hereafter the said Article IV
of Chapter 5 shall be and read as follows:
"ARTICLE IV - PLANNING COMMISSION
Section 5.401. Creation and MembershL*R. There is hereby estab-
lished a commiss T6 n to e Hewn as the Planning Commission of
the Village of Mount Prospect, consisting of nine (9) voting
members, all of whom shall be citizens of the Village of Mount
Prospect. The members of the Planning Commission shall be ap-
pointed by the President of the Board of Trustees with the con-
sent of the members of the Board of Trustees. In addition, the
President of the Village of Mount Prospect shall be an ex -officio
member of the Planning Commission.
A. When first appointed, the members of the Planning Commis-
sion shall serve respectively for the following terms:
Two for one year; two for two years; two for three years;
and two for four years, or until their respective successors
have been duly appointed and qualified.
1. Upon creation of the Planning Commission, a chairman
shall be appointed for a term of five years, or until
his successor has been duly appointed and qualified.
2. Hereafter, the successor of each member and the chair-
man so appointed shall serve for a term of four years,
or until his successor has been duly appointed and
qualified.
B. The Village President and the Board of Trustees shall have
the power to remove any member of the,.ZgljAng "" a 11", Bord of Appealsy,
including its chairman, for cause and after"p
ub`i"1t . ... ..
C. Vacancies upon the Planning Commission shall be filled
for the unexpired term of the member or the chairman
whose seat has become vacant by appointment by the Vil-
lage President with the consent of the Board of Trustees
of the Village of Mount Prospect.
Section 5.402. OrzanizatioA
A. The President and Board of Trustees of the Village of
Mount Prospect may provide by Resolution for the com-
pensation of the members and chairman of the Planning
Commission.
B. Immediately upon its creation, the Planning Commission
shall select from its membership a vice chairman and a
secretary.
1. The vice chairman shall serve as
oacting chairman
whenever the chairman appinted by the Village
President is absent from meetings and hearings.
2. The secretary shall oversee and shall be responsible
for the record of proceedings and the minutes of the
Planning Commission.
(a) The secretary of the Planning Commission shall
be responsible for filing the most current rules
and procedure or bylaws of the Planning Commis-
sion, the minutes of meetings, the record of
hearings, and other documents and recommendations
with the Village Clerk and copies thereof with
the Director of Building and Zoning.
(b) The secretary shall perform such other duties
as may be assigned him from time to time by
the Planning Commission.
(c) The secretary may be given such clerical assis-
tance as the Village Manager and/or the Board
of Trustees of the Village of Mount Prospect
may provide.
C. The Planning Commission shall adopt rules for the conduct
of its hearings and meetings, which rules shall not con-
flict with this Article and which may include the creation
of a committee authorized to conduct hearings at any time
two or more -members of the Planning Commission are present,
1. In the case of meetings, however, five members of the
Planning Commission shall constitute a quorum to con-
duct business.
2. For the purpose of determining quorum and vote at both
meetings and hearings, the chairman shall be considered
a member of the Planning Commission.
Section 5.403. Purpose. In order that adequate guidance, direc-
t i`oml controlimma-HU—a - velopment of the Village of Mount Prospect
shall be provided for, the Planning Commission hereinabove created
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shall:
A. Develop a planning program;
B,# Recommend regulations, projects, and programs pertinent
to the development, redevelopment, and renewal of the
Village of Mount Prospect and such surrounding territory
over which the Village of Mount Prospect exercises sub-
division jurisdiction;
C. Prepare and revise the official map as well as the Com-
prehensive Village Plan; and
Section 5.404. Hearings and Meeting .
A# All hearings and all meetings of the Planning Commission
shall be open to the public and the records and minutes
thereof shall be available for examination in the office
of the Village Clerk during regular business hours.
1. At hearings and meetings of the Planning Commission
any interested person, firm, or corporation may appear
or may be represented by duly authorized agents or
attorneys.
2. No testimony regarding the Comprehensive Plan or any
amendments thereto shall be taken and no witnesses
heard except at a properly convened hearing of the
Planning Commission.
B. Regular meetings of the Planning Commission shall be held
in the Village Hall of the Village of Mount Prospect on
the first (lst) and third (3rd) Wednesdays of each month
at the hour of 7:30 o'clock P.M. during the months of
September through April, and at the hour, ,of 8,,,00 o'clock P.M.,
during the months of �,,Ta,Y through, August,?
l., The Planning Commission shall keep minutes of its
meetings, 'shoving the vote of each member upon every
question, or if absent or failing to vote, indicating
that fact.
2. The concurring vote of five members of the Planning
Commission shall be necessary to make any recommendation
to the President and Board of Trustees of the Village of
Mount Prospect.
C. All special meetings and all hearings of the Planning Commis-
sion shall be held at the call of the chairman and at such
other times as the said Planning Commission may determine
by rule.
1. All of the foregoing rules and regulations concerning
regular meetings of the Planning Commission shall apply
to special meetings of the said Planning Commission.
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2. All testimony at hearings before the Planning Commis-
sion shall be given under oath and a record of a court
reporter maintained for each such hearing.
(a) The chairman, or in his absence, the vice chairman,
shall administer or authorize the administration
of oaths and may compel the attendance of witnesses.
(b) No vote upon any recommendation of the Planning
Commission shall be had at any hearing; unless the
said Planning Commission shall bq rule provide that
such hearing shall be deemed a mepting and the regu-
lations concerning quorum and maintenance of minutes
shall have been adhered to.
Section 5.405. Jurisdiction. The Planning Commission shall
have the :toIlowl-ng --f—unct ions.
A. To prepare, amend, and recommend to the President and Board
of Trustees of the Village of Mount Prospect a Comprehensiv
Plan for the present and future development or redevelopmen
of the Village of Mount Prospect. I
1. Such plan may be adopted in whole or in separate geographi-
cal or functional parts, each of which, when adopted, shall
be the official Comprehensive Plan, or part thereof, of the
Village of Mount Prospect.
2. This plan may include reasonable requirements with reference
to streets, alleys, public grounds, and other public improve-
ments.
3. The plan by its very terms, may be made applicable to land
situated wn the corporate limits of the Village of
Mount Prospect and contiguous territory not more than
one and one-half (1-1/2) miles beyond the corporate limits
but not included in the Village of Mount Prospect. I
4. The plan may designate land suitable for annexation to the
Village of Mount Prospect, along with recommended zoning
classification for such land upon annexation.
5. Such plan shall be advisory and in and of itself shall not
be construed to regulate or control the use of private pro-
perty in any way, except as to such part of the said plan
as has been implemented by ordinances duly enacted by the
President and Board of Trustees of the Village of Mount
Prospect.
6. Said official Comprehensive Plan and any ordinances im-
plementing same shall be placed on file with the Village
Clerk and shall be available at all times during regular
business hours for public inspection.
7. Copies of said plan, all ordinances implementing same,
and the official map, shall be available to all interested
parties upon payment by said parties of the sum of One
Dollar ($1.00) per page in order to reimburse the general
fund of the Village of Mount Prospect for the cost of
printing and distributing same.
1-1 4 -
8. No Comprehensive Plan or amendment thereto shall be
adopted that has not been submitted to the Planning
Commission.
(a) Upon submission by the President and Board of
Trustees of the Village of Mount Prospect of any
suggested Comprehensive Plan, part thereof or
amendment to an existing Comprehensive Plan to the
Planning Commission for consideration and recommen-
dation, the President and Board of Trustees of the
Village of Mount Prospect may require a report
thereon from the Planning Commission with its recom-
mendation within ninety (90) days from the date of
such submission.
(b) If the Planning Commission shall fail to make such
report within the said ninety (90) days, then the
President and Board of Trustees of the Village of
Mount Prospect may proceed to consider for adoption
such Comprehensive Plan,, or part thereof, or an amend-
ment to an existing Comprehensive Plan, including
arranging for and holding a public hearing thereon
in accordance with the provisions hereinafter con-
tained in the same manner as if the Planning Commission
had made its recommendation.
9. After submission of the Comprehensive Plan by the Planning
Commission, or the submission of a proposed amendment to
an existing Comprehensive Plan, the President and Board
of Trustees of the Village of Mount Prospect shall schedule
a public hearing thereon to be held at a meeting of the said
President and Board of Trustees of the Village of Mount
Prospect.
(a) Not less than fifteen (15) days' notice of the pro-
posed hearing, and the time and date and place thereof,
shall be given by publication in a newspaper of general
circulation in the County of Cook, in which the Village
of Mount Prospect and contiguous unincorporated areas
is located.
(b) The hearing shall be informal, but all persons desiring
to be heard in support of or opposed to the Comprehensive
Plan or amendment shall be afforded such opportunity to
be heard -- and may submit their statements orally
and/or in writing.
(c) The hearing may be recessed to another date if not
concluded, provided notice of the time and place
thereof is publically announced at the hearing at the
time of such recess or notice is given by newspaper
publication not less than five (5) days prior to the
recessed hearing,
10. Within ninety (90) days after the conclusion of the hearing,
the President and Board of Trustees of the Village of Mount
Prospect, after consideration of the recommendation of the
Planning Commission of such information as shall have been
derived from the hearing, shall either adopt the Comprehen-
sive Plan or amendment in whole or in part, or reject the
ao"A
entire Comprehensive Plan or amendment.
(a) If adopted, the President and Board of Trustees of
the Village of Mount Prospect shall enact ordinances
to implement same, which ordinances may include the
official map or maps of the Village of Mount Prospect.
(b) In adotping an official Comprehensive Plan, except as
herein otherwise provided, the President and Board of
Trustees of the Village of Mount Prospect shall be
subject to the same limitations as to subject matter
as apply to the Planning Commission.
(c) if, at the expiration of such ninety (90) days, the
President and Board of Trustees of the Village of
Mount Prospect have taken no formal action, the Com-
prehensive Plan or amendment thereto may thereafter
not be acted upon by the said President and Board of
Trustees of the Village of Mount Prospect without
again complying with the conditions of notice and
hearing heretofore provided.
11. The Comprehensive Plan or amendment, if approved and
adopted, shall become effective upon the expiration o
ten•
(10) days after the date of filing notice of such
adoption with the Cook County Recorder of Deeds*, I
B. To recommend changes, from time to time, in the official Com-
prehensive Plan.
C. To prepare and recommend to the President and Board of Trustees
of the Village of Mount Prospect, from time to time, plans for
specific improvements in pursuance of the official Comprehensive
Plan, including a plan to implement the proper industrial develor
ment and economic balance within the corporate limits of the Vil-
lage of Mount Prospect.
D. To give aid to the municipal officials charged with the direc-
tion of projects for improvements embraced within the official
plan, to further the making of these projects, and, generally,
to promote the realization of the official Comprehensive Plan.
E. To review and recommend the denial or the approval of plats
of subdivision.
1. Following the adoption of an official Comprehensive Plan
in the manner prescribed in this ordinance, no map or plat
of any subdivision or resubdivision presented for record,
effecting land within the corporate limits of the Village
of Mount Prospect or contiguous territory outside of but
not more distant than one and one-half (1-1/2) miles from
such limits of the Village of Mount Prospect, shall be en-
titled to record or shall be valid unless the subdivision
thereon shall meet the subdivision regulations of the Vil-
lage of Mount Prospect and otherwise conform to any require-
ments thereto shown in the official Comprehensive Plan of
the Village of Mount Prospect.
2. The procedures for review of such maps or plats of subdivi-
sion shall be as established within the subdivision regula-
tions of the Village of Mount Prospect.
F., To exercise such other powers germane to the aforedescribed
purposes for which the Planning Commission was created as may
be conferred upon the Planning Commission by ordinance.
Section 5.406. Additional Information. The Village Clerk of
F il I-.**-- ---hall furnish the Planning Com -
I 11age of Mount Prospect s
mission copies of all ordinances, plans and data relative to
public improvements of any nature or other plans effecting
the official Comprehensive Plan of the Village of Mount Prospect.
If the Planning Commission deems a' report thereon is necessary
or advisable, it may make such report to the Board of Trustees
of the Village of Mount Prospect for its consideration."
SECTION TWO: That Article VI of Chapter 5 of the Municipal Code of
Mount Prospect, as amended, be and the same is hereby further amended
in its entirety by substituting therefor a new text concerning the
Zoning Board of Appeals; so that hereafter the said Article VI Of
rChapter 5 shall be and read as follows:
0 "ARTICLEB::- ZONING BOARD OF APPEALS
Section 5.601. Cross Reference. The principles regulating
and--governing the organiza io-h-, creation, membership, and
jurisdiction of the Zoning Board of Appeals of the Village
of Mount Prospect are as contained within Article VII of
Chpater 14 (The Zoning Ordinance) of this Municipal Code
of Mount Pros',pect."
SECTION THREE: That Article XIII of Chapter 5 of the Municipal Code
or Floun "I t I P 11 r - ospect of 1957, as amended, be and the same is hereby re-
pealed in its entirety and held in reserve; so that hereafter the sai
Article XIII of Chapter 5 shall be and read as follows: I
"ARTICLE XIII - RESERVED"
SECTION FOUR: That the provisions of this amendatory ordinance shall
not atfect the validity of any official map or plan adopted and in
force prior to the effective date hereof.
SECTION FIVE: That this Ordinance shall be in full force and effect
as of T2: T o'clock a.m., May 1, 1973, and after its passage, approval,
and publication in the manner provided by law,
F!IASSED and APPROVED this day of 1973o
ATTEST: VITTI.T age President
Village Clerk
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