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NEXT ORDINANCE NO. 2486
NEXT RESOLUTION NO. 2-74
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 February 5, 1974
1. Call to order
2. Invocation - Trustee Anderson
3. Roll call
Mayor Robert D. Teichert
Trustee Anderson Trustee Link
Trustee Gustus Trustee Richardson
Trustee Hendricks Trustee Scholten
4. Approval of minutes of regular meeting January 15, 1974
5. Approval of bills
6. Communications and petitions
1. Lloyd Norris - Comment on proposed Board Resolution
opposing the RTA
2. Arnar-stone Laboratories, Inc. request for waiver of
deposit for sidewalk fronting building along Kensington Rd.
7. Manager's Report
1. Request of BOLI for $5,000 engineering charges, Consoer,
Townsend & Assoc., for proposed business district alley
-paving
2. Status report - various Village projects and programs
8. Mayor's Report
9. Committee Chairmen Reports
A. Building Committee
1. Case ZBA-3-Z-74 RX to R1 upon annexation (see report
from ZBA dated 1/26/74 and Item #2 under "Other Business"
below
B. Finance Committee
1. Prospect Cab Co. request for increased fares
C. Fire and Police Committee
D. Judiciary Committee
1. First reading of an ordinance covering "Rules of Order"
(SEE EXHIBIT "All)
E. Public Health & Safety Committee
F. Public Works Committee
1. Water resources management plan
2. Drainage & Clean Streams report on storm water management
3. Industrial waste ordinance
4 ., Downspout elimination
5. Proposed DAMP water use contract
6. Special assessment -Albert & George Sts. & storm sewers
7. Street striping contracts
10. Other Business
1. Second reading of an ordinance annexing the northwest
corner of Haven & Meier known as the Dapper property
(SEE EXHIBIT �"Bvf)
II
kl #1
-,J, P
2. ZBA-3-Z-74 See report from ZBA dated 1/26/74
Ordinance rezoning subject property from RX to Rl
(SEE EXHIBIT "C")
30, Callero & Catino Haven Gardens Subdivision plat
4. ZBA-2,SU-74 - Dawn Fresh Farm property 253' west of
the southwest corner of Dempster St. & Elmhurst Rd.
Ordinance granting special use for R-4 PUD
(SEE EXHIBIT "D11)
EXECUTIVE SESSION - LITIGATION
11
12. Items to be referrei
1. ZBA-28-Z-73 - LaSalle National Bank - Trust #40311
Willow & River Rds. Rezone Rl to B-3 (Refer to
Building Committee)
2. ZBA-24-Z-73 & ZBA-25-SU-73 L & D Builders, 623 Golf Rd.
Rezoning & special cial use to permit PUD in RX District
(Refer to Building Committee)
12, Committee announcements
Fire & Police Committee meeting Feb. 6, 1974 at 7:30 P. M.
re continuation of public hearing on traffic signals Rte.
83 & Lincoln and at 9:00 P. M. - Cable TV
13.. For information only
14. Adjournment
Sergeant -at - arms -, Officer W. J. Creamer
to
MATTERS IN COMMITTEE
FEB R UARY 5. 1974
BUILDING
FEASIBILITY STUDY MUNICIPAL BUILDING EXPANSIONS
6- 3-69
MUNICIPAL FACILITIES
5- 5-70
REFUSE TRANSFER STATION
5- 5-70
MUNICIPAL REVISION (INDUSTRIAL & ECONOMIC DEV. REPORT)
8- 4-70
LAWN SPRINKLER ORDINANCE (WITH ATTORNEY)
1-19-71
AMENDMENT TO STC. 19.205 RE LOCATION SCREENING OF GARBAGE
CONTAINERS AND RECEPTACLES
4- 4-72
CASE 72-21A KAPLAN & BRAUN VARIATIONS FOR 6" CONCRETE CURB
8- 1-72
CASE 73-6A HINZ PUBLISHING CO. L750 W. CENTRAL -REAR YARD
VARIATION (CONTINUED AT REQUEST OF PETITIONER)
4- 3-73
CASE 72-22P REZONE EUCLID & RIVER R-1 TO R-4 (CONTINUED AT
REQUEST OF PETITIONER)
1- 6-70
CAST ZBA-34Z & ZBA-35V-73 WILKIN - 1725 E. CARBOY RX TO I-1
(WITH ATTORNEY) 1
10-16-73
CASE ZBA-36--Z & ZBA-37-V & ZBA-41SU ALGONQU IN RD. & BRIARWOOD
RX TO B-1 (WITH ATTORNEY)
10-1.6-73
CASE ZBA - REPEAL SEC. 14.2001-F OF ART.XX B-3 DISTRICT
10-16-73
PROPOSED CHANGE IN NATIONAL FIRE CODES AND BOCA BUILDING CODES
12- 4--73
ZBA-14-Z, 15 -SU, 164-73 - Fanslow - 524 E. Algonquin Rd.
1-2- 74
FINANCE
LAND ACQUISITION 5- 5-70
PURCHASE OR LEASE OF VILLAGE VEHICLES 9-20 -73
LICENSING OF MULTIPLE DWELLINGS 9-11-73
PROSPECT CAB CO. REQUEST FOR FARE INCREASE 12-4-73
PROPOSED ORDINANCE REDUCING VEHICLE LICENSE FEES 12-18-73
(INTRODUCED BY TRUSTEE HENDRICKS)
FIRE AND POLICE
REQUEST OF VICTOR HERMAN RE TRAFFIC AT HIGHLAND & ELM 7- 6-69
CRAWFORD,$ BUNTS, RODEN TRAFFIC STUDY 4-18-72
PARKING SITUATION AT EVERGREEN 11-8-72
REPORT FROM SAFETY COMMISSION 3- 6-73
CENTRAL BUSINESS DISTRICT PERIPHERY POLICE TRAFFIC STUDY 2-20-73
PUBLIC TRANSPORTATION SYSTEM WITHIN THE VILLAGE 5-15-73
CABLE TV FRANCHISING 6- 5-73
SCHOOL CROSSING - RTE.83 12-4-73
JUDICIARY
VILLAGE GROWTH PATTERNS - 1980 5- 5-70
AMEND VILLAGE PLAN 5- 5-70
THE DOWNTOWN PLAN (CBD) 5- 5-70
SPECIAL TONING DISTRICT DOWNTOWN AREA (IND. 8 ECON. DEV.) 8- 4-70
RECREATIONAL AND SCHOOL SITE CONTRIBUTIONS BY SUBDIVIDERS AND
DEVELOPERS OF PUDS 9- 5-72
PROSPECT HEIGHTS REQUEST FOR FORMAL CONSENT FOR INCORPORATION 7-17-73
PETITION GUIDELINES 7-17-73
ABSTAINING OR PASS VOTES - DEFINITION 9-18-73
2/3 OR 3/4 MAJORITY VOTING REQUIREMENTS 9-18-73
PROPOSFD ELECTION CODE 10-16-73
PLANNING COMMISSION
ZONING ALONG RAND RD. 12-2-69
SPECIAL ZONING DISTRICT DOWNTOWN AREA (IND. & ECON. DEV.) 8- 4-70
ZONING CLASSIFICATION STADIA, ARENAE, ATHLETIC CLUBS & FIELDS,*
TENNIS COURTS, PRIVATE & SEMI -PRIVATE CLUBS 6- 2-70
ZONING BOARD OF APPEALS
FIRE PREVENTION BUREAU
SAFETY COMMISSION_
BOARD OF HEALTH
REVIEW OF STATE REQUIREMENTS FOR PUBLIC SWIMMING POOLS
DRAINAGE & CLEAN STREAMS COMMISSION
STORM WATER RETENTION IN STREETS
ENVI RONMENTAL CONTROL
VILLAGE .ATTORNEY
TEMPORARY INJUNCTIONS WELLER CREEK
STREET LIGHTING SUBDIVISION REGULATIONS
LAWN SPRINKLER ORDINANCE
PURCHASE OF ISLANDS IN RTE 83 AT S CURVE
VILLAGE ENGINEER
IMPROVEMENTS OF DEDICATED STREETS
STOP LIGHTS - LINCOLN & 83
REQUEST OF H.S. DIST. 214 TRAFFIC SIGNAL BUSSE WILLOW
OVERSIZING OF WATER LINES TO CALLERO & CATINO'S CYPRESS GARDENS
POLICY REGARDING STREET LIGHTING
BOARD OF LOCAL IMPROVEMENTS
SA 72 WEDGEWOOD TERRACE
VILLAGE MANAGER
RENEWAL OF MUNICIPAL PARKING LOT LEASES C & NW RR
REVIEW OF AIRPLANE NOISE ABATEMENT
CITIZENS UTILITY FRANCHISE
J
PUBLIC HEALTH AND SAFETY
STREET LIGHTING
COMMUNITY MOSQUITO CONTROL PROGRAM
PUBLIC WORKS
WATER RESOURCE MANAGEMENT PLAN
DRAINAGE 8 CLEAN STREAMS REPORT ON STORM WATER MANAGEMENT
INDUSTRIAL WASTE ORDINANCE
DOWNSPOUT ELIMINATION
PROPOSED DAMP WATER USE CONTRACT
SPECIAL ASSESSMENT - ALBERT AND GEORGE - STREETS & STORM SEWERS
PETITION FROM RESIDENTS OF S. WILLIAM ST.
COMMUNITY SERVICES AND MENTAL HEALTH
SENIOR CITIZENS CENTER
INTERIM PLAN FOR BALANCED DISTRIBUTION OF HOUSING OPPORTUNITIES
FOR. NORTHEASTERN ILLINOIS
12-17-68
10-19-71
5-19-70
10- 5-71
10- 5-71
1- 4--72
5-19-70
9-15-70
7- 6-71
10- 2-73
12-18-73
9- 7-71
7- 3-73
10-16-73
2- 3-70
2-16-71
5- 5-70
5- 5-70
9-15-70
3- 7-72
9-12-72
10-16-73
1-15--74
12-21-71
10-16-73
ORDINANCE NO.
AN ORDINANCE AMEI\TDING ARTICLE 11 OF
CHAPTER 2 OF THE MUNICIPAL CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTIONONE: That, pursuant to the authority vested in the Village of Mount
Prospect under Article VII of the 1970 Constitution of the State of Illinois as well
as the Illinois Revised Statutes, Article II of Chaper 2 (Board of Trustees) con-
tained in the Municipal Code of Mount Prospect of 1957, as amended, be and the
same is hereby amended in its entirety by substituting therefor the following
Article 11:
" ARTICLE B. RIJLES OF ORDER
A., Quorum: A majority of the President and Board of Trustees shall con-
stitute a quorum to do business at any regular or special meeting, un-
less otherwise provided in paragraph B hereunder.
B. Ordinances, Resolutions,, and Motions:
L With respect to ordinances , the passage of all ordinances for what-
ever purpose shall require:
Two readings, (except that this provision can be waived A
the majority of the Board of Trustees); and I
b. The concurrence of a majority of all the President and Board
of Trusteel then holding office unless otherwise expressly
provided by any other ordinance or statute governing the
passage of any specific ordinance.
2. With respect to resolutions and motions, the passage of the follow-
ing types of resolutions or motions shall require the concurrence
of a majority of all the President and Board of Trustees then hold-
ing office, unless otherwise expressly provided by any other ordi-
nance or statute governing the passage of any such specific reso-
lution or motion:
a. Resolutions or motions creating any liability against the
Village of Mount Prospect.
b. Resolutions or motions for the expenditure or appropriatio
of the money of the Village of Mount Prospect. i
3. Proposed ordinances and resolutions shall be circulated amongst
the President and Board of Trustees at least three (3) days prior
tot meeting at is they are scheduled to be considered by
the President and Board of Trustees, except that this provision
may be waived upon the request of any two (2) members of the
Board.
C. Voting -- Declaration of the Vote:
1. For purposes of this paragraph, a majority shall be more than
one-half G) of the President and Board of Trustees then hold -
2
ing office.
2. As a general rule, no member of the President and Board of
Trustees shall vote on a question in which he has a direct,,
personal, or pecuniary interest.
Alternate a. In such instances, a vote "Presently or "Pass" shall be con-
sidered a "Nay" vote for the purposes of announcing adoption
or rejection of any motion on the floor.
Alternate, b. In such case, the office of such person casting such "Present"
or "Pass" vote shall be deemed vacant.
3., While it is the duty of every member of the President and Board of
Trustees who has an opinion on any question to express it by his
vote, such member cannot be compelled to do so.
a. Such member may prefer to abstaIll voting.
b. In such instances, a vote "Present" or "Pass" shall be consi-
dered a vote on the prevailing side upon announcing the adop-
tion or rejection of a motion on the floor.
SECTION 2.202. Order of Business (Revular Meetinurs OnIv),
A. Promptly at the hour set by law on the date of each regular meeting,
the Village President, Trustees, Village Clerk, and Village Manager
shall take their places in the Board Room of the Village Hall, unless
notice for the meeting speces another place.
B. Immediately thereafter the business of the Board of Trustees shall be
taken up in the order found in the written agenda circulated amongst
the President and Board of Trustees prior to the meeting date.
C., The said written agenda shall set forth the order of business substan-
tially as follows:
1. Call to Order.
2. Roll Call..
3. Minutes.
a. Minutes of preceding regular meeting.
b. Minutes of preceding special meeting
UM�W
a. Approval of Bills.
b Monthly Financial Report, to be passed on -- subject to
audit -- once each month for the preceding calendar month.
b. Documents to be read
6. Village Managerys Report.
7. Village President's Report (may include proclamations).
8. Committee Chairman Reports.
a. Building Committee
b. Finance Committee *
c.
ea Police Committee
d. Judiciary Committee **
e. Public Health and Safety Committee
f. Public Works Committee *
Formal Report due first regular meeting of each month
Formal Report due second regular meeting of each month
9. Other Business.
10. Items to be Referred.
11. Committee Announcements.
12. Items for Information Only.
13. Adjournment.
D. A waiver of the rules for the purpose of discussing an item not on the
written agenda may be requested by any two (2) members, of the Board
and concurrence of a majority of all the President and Board members
present.
SECTION 2.203. Read of Minutes of Previous Meetin Unless a
reading of the minutes of a previous Board Meeting is requested by a mem-
ber of the Board of Trustees, such minutes may be approved without read-
ing if the Clerk has previously furnished each Board member with a copy
thereof.
SECTION 2.204. Committees.-_- Reports.
A. Standing Committees
1. The following shall be the Standing Committees of the Board
of Trustees:
a. Building.
b. Financial.
c Fire and Police.
d Judiciary.
e., Public Works.
'i
f. Public Health and Safety.
2. All Standing Committees shall:
a. Consist of three (3) members each, including
the Chairman.
b. Be appointed by the Village President.
c. Submit written monthly reports to the President and Board
of Trustees prior to that regular meeting of the said Board
at which the Committee shall report.
d. of their meetings in the Village all upon proper legal
notice.
B. Special Committees may be created from time to time as directed -by the
President and Board of Trustees and shall consist of three (3) members
each, including the Chairman; unless the Board shall otherwise direct.
C. Nothing in this Section shall be so construed as prohibiting the Village
President from calling a meeting of the Committee of the Whole consist-
ing of all the President and Board of Trustees at any time upon proper
legal notice.
SECTION 2.205. Other Rules of Procedure. The following rules of pro-
cedure shall govern the conduct of all regular, special, and committee meet-
ings of the Board of Trustees, although these rules, other than those pre-
scribed by statute, may be suspended at any time upon proper motion and
consent of the majority of the President and Board of Trustees present at
any meeting:
A. Rule 1: The President shall decide all questions of order.
1. Trustees discussing a question shall address the President
and no Trustee has the floor until recognized by the President.
2. No other person can address the Board unless being given recog-
nition by the President.
Af Ruleroll call "Yeas" and "NaVs" shall be taken and recorded in
the journal of proceedings (minutes) for all ordinances, resolutions,
or propositions which create any liability against or obligation on the
part of the Village, or for the.,expenditure or appropriation of its money,
and in all other instances where requests therefor are made by any
Trustee.
D Rule IV: Following any hearing of any matter before any other Commis
sion or Board of the Village of Mount Prospect, a detailed report of sue
Commission or Board including a recommended order or decision shall
be forwarded to the President and Board of Trustees by such Commis-
sion or Board. I
1. Such report all include a minority view and recommendation, iif
there is any.
2. At least one member of his Committee or the Chairman of the proper
Standing Committee of the or of Trustees all be charged with
reviewing the transcript of such hearing as well assuch report of
such Commission or Board prior tothe time the Board of Trustees
will ultimately decide the issues involved.
3 Any Standing Committee Chairman may at his own discretion pre-
sent a matter for vote direct to the President and Board of Trustees
prior to the matter being heard before his Committee.
4. At the meeting of the President and Board of Trustees, the Chair-
man of a proper Committee may request that the report of such
Commission or Board be referre7F, to his Committee provided that
he makes such request prior to e matter being heard before the
Board of Trustees. The same privilege shall be accorded any
other two Trustees of the Board; however, in addition, the p
lege shall be extended to that time after a hearing before the Board
of Trustees but prior to a vote being taken on the matter.
President of the Board of Trustees shall limit ora -1 argument
to ten (10) minutes wherein such argument is made on behalf of
petitioners appearing before the Board of Trustees with respect
to any report of such Commission or Board.
E Rule V: At any time prior to the matter being heard before the Board
of Trustees, any Committee Chairman can order any item referred to
his charge to be taken up in his Committee, rather than to have it first
considered by the full Board of Trustees for a final determination of
the matter.
F. Rule VI: Any Committee report to the Board can be deferred for final
action thereon to the next regular meeting of the Board IAA the report
is made upon the request of any two (2) Trustees present.
1. When a motion is before the Board, no other motion shall be in
order but the following. -
,a. To adjourn.
b. To lay on the table.
c. To call the question.
d. To postpone indefinitely.
e To postpone to a certain time.
f. To amend.
g. To send to Committee.
2. These motions are privileged and have precedence in the order
in which they succeed each other in this Rule.
3. Motions to adjourn. to lay on the table , and to call the question
shall be decided without debate.
H. Rule VIII: A motion to adjourn is always in order, except,:
(L. When a member is in possession of the floor,7
2. When the Yeas and Nays are being called.
3. When adjournment was the last preceding motion.
4. When it has been decided to call the question.
1. In all cases where the Rules hereinabove are not applicable, th'i
Board shall be governed by parlimentary law as laid down in
Roberts Rules of Order, Revised.
2. In all other cases where the Rules hereinabove are in conflict wit
Roberts Rules of Order, Revised, the former shall control the con
duct of the meeting. I
SECTION 2.206. Enforcement of Decorum.,
A. The Chief of Police or such member or members of the Police Depart-
ment as he may designate shall be Sergeant at Arms at all regular and
sTecial meetings of the President and Board of Trustees. He shall car
ry out all orders and instructions given by the President for the pur-
pose of maintaining order and decorum at the said meetings. Upon in
structions of the President, it shall be the duty is Ser�. geant at Arm
to place any person who violates the order and decorum of the meetirt
n
X11 arrest and cause him to be prosecuted under the provisions of
this Code, the complaint to be signed by the President.
B. Any person found guilty of this Section shall be fined not less than
Ten Dollars ($10. 00) nor more than Five Hundred Dollars ($500. 00)
for each offense.
SECTION 2.207. Reconsideration.
A. Passage over Veto of President.
Every resolution and motion specified by statute and every ordL-
nance which is returned to the Board of Trustees by the Village
President shall be reconsidered by the said Board.
2. After such reconsideration, if two-thirds all the Trustees
then holding office on the Board shall agree to pass an ordinance
or resolution or a motion, it shall then be effective notwithstanding
the President's refusal to approve it.
B., The vote upon the adoption of an ordinance, motion, or resolution of
the Board may be reconsidered at the same meeting at which the vote
was taken or at the next regular meeting on motion of any Trustee not
present at the time such ordinance, motion,, or resolution was adopted.
or on the motion of any Trustee previously voting on the prevailing
side of such ordinance,, motion, or resolution. However, no ordinance,
motion, or resolution shall be rescinded except by the same number of
votes which were required to pass the matter sought to be reconsidered.
C Rescinded Action -- Special Meetings Only.- No vote of the President
and Board of Trustees shall be reconsidered or referred at a special
meeting, unless there are present at that special meeting as many of
the President and Board of Trustees as were present when the vote
was originally taken."
,S,E',CTIO,N,, TWO: That this Ordinance shall remain in full force and effect from and
after its passage, approval , and publication in the manner provided by law.
AYES:
PASSED and APPROVED thisdav of
-9 1973.
VILLAGE PRESIDENT
VILLAGE CLERK
ORDINANCE NO.
AN ORDINANCE ANNEXING PROPERTY LOCATED AT
,THE NORTHWEST CORNER OF HAVEN STREET AND MEIER ROAD
WHEREAS . a written petition under oath signed by the owners of record of land
hereinafter described has been filed with the Village Clerk of the Village of
Mount Prospect requesting that said land be annexed to the Village of Mount
Prospect; and
WHEREAS, all electors residing within the said property to be annexed have
affI xed their signatures indicating their consent; and
WHEREAS, the said land is not within the corporate limits of any municipality,
but is contiguous to the Village of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
find and believe it to be in the best interests of the said Village that said land
and territory be annexed thereto;
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE.- That all land and territory legally described as follows:
The South Quarter of the Northeast Quarter of the Northeast
Quarter of the Southwest Quarter of Section 10, Township 41
North, Range 11 East of the Third Principal Meridian, in Cook
County, Illinois-,
an accurate map of which territory is attached hereto and hereby made a part
hereof by this reference be and the same is hereby annexed to the Village of
Mount Prospect, Cook County, Illinois.
SECTION TWO ' : That Map 10(A) -S contained in SECTION ONE of Ordinance No. 2414.0
passed and approved March 20, 1973, be amended to reflect the extention of the
corporate limits of the Village of Mount Prospect to include the property herein-
above described and hereby annexed.
SECTION THREE.- That the Village Clerk of the Village of Mount Prospect is hereby
rected to file in the Office of the Recorder of Deeds of Cook County, Illinois, a.
certified copy of this Ordinance, together with an accurate map of the territory
annexed.
SECTION FOUR: That this Ordinance shall be in full force and effect from and after
Its passage, approval, and publication in the manner provided by law.
1�0
NAYS :
PASSED and APPROVED this day of 1974.
F.Avim0fu
*0
Village President
Village Clerk
ORDINANCE NO.
AN ORDINANCE REZONING PROPERTY LOCATED AT
THE NORTHWEST CORNER OF HAVEN STREET AND MEIER ROAD
WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did
conduct a Public Hearing under Case No. 3-Z-74, on January 24, 1974,
on a request for a zoning classification change from R -X (Single Family Resi-
dence) District to R-1 (Single Family Residence) District of certain property here-
inafter described; and
W
WHEREAS, a notice of the aforesaid Public Hearing was made and published in
the manner provided by law; 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 following Ordinance regarding the subject pro-
perty;
NOW9 THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Map 10(A) -S of the Zoning Ordinance of the Village of, Mount
Prospect, as amended, be and is hereby further amended by reclassifying from
R -X (Single Family Residence) District to R-1 (Single Family Residepce District) the
following described property:
The South Quarter of the Northeast Quarter of the Northeast
Quarter of the Southwest Quarter of Section 10, Township 41
11
North Range 11 East of the Third PrJI irIdpal Meridian, in Cook
County, Illinois.
SECTION TWO: That Map 10(A) -S contained in SECTION ONE of Ordinance No. 2410,
passed and approved March 20, 1973, shall be deemed amended so as to conform
with the reclassification of the subject property herein contained in SECTION ONE
above.
SECTION THREE: That this Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
AYES:
PASSED and APPROVED this day of i 1974.
. ... . ..... . ... .
Village President
Village Clerk
ORDINANCE NO.
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE
NATURE OF A PLANNED UNIT DEVELOPMENT FOR PROPERTY
COMMONLY KNOWN AS "THE HAWTHORNEST?
WHEREAS , the Zoning Board of Appeals of the Village of Mount Prospect did,here'tofor
e
conduct aPubl*c Hearin
1 g under Case No. 2 -SU -74, on January 4, 1974, at the hour of
p.m. , pursuant to a request for a special use in the nature of a planned unit develop-
ment; and
WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by
law and published in the December 20, 1973, edition of a newspaper of general circulation
within the Village of Mount Prospect; and
WHEREAS, the President and Board of Trustees of the Villa e of Mount Prospect have deter
mined that the best interests of the Village of Mount Prospecf will be attained by the adop-
tion of the Zoning Board of Appeal's recommendation 'under Case No. 2 -SU -74 regarding
the subject property.- I
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 KENROY . INC.
or its assignees, to construct a planned unit development upion'the following described pro-
perty.,
The East 84 0.4 feet except the East 223 feet thereof of the North 20
acres of the Northeast Quarter of the Northeast Quarter of Section 23,
Township 41 North, Range 11 East of the Third Principal Meridian
excepting that part thereof described as follows: Beginning at a
point on the North line of Section 23,which is 74 0. 40 ,feet West of the
Northeast corner of said Section (as measured along the North line
of said Section). thence South on a line parallel with the East line
of said Section 200 feet; thence West on a line parallel with the North
line of said Sectionfeet; 'thence North on a line parallel with the
East line of said Section 200 feet; 'thence East along the North line of
said Section 100 to the point of beginning, all in Cook County, Illinois.
A plat of subdivision of the subject tract is attached hereto and hereby made a part hereof
as Exhibit A; improvements for., which subdivision shall be made in accordance with the
subdivision regulations of the Village of Mount Prospect; and which subdivision, in ac-
cordance with the special use permit granted herein, shall not be resubdivided hereafter.
SECTION17WO: That the property hereinafter described shallremain in the R-4 Residen-
.ti......... al Development District zoning classift cation,, and that the planned unit development here-
inabove authorized and permitted shall be constructed pursuant to the land uses and stand-
ards shown upon the Site Plan, attached hereto andhereby made a part hereof as Exhibit B
except as may otherwise be provided herein, and as necessarily modified to solve engineer-
ing layout and design problems at the time of the construction of the said planned unit develop-
ment.
A. There shall be constructed within the said planned unit development
no more than one hundred ninety-eight (198) dwelling units. Said
total number of dwelling units may consist of one bedroom or two bed-
room dwelling units only; provided, 'that in no event shall there be
more than one hundred thirty-two (132) 'two bedroom dwelli,nV units.
B All outdoor lighting shall be of a non -glare nature and shall not be
i
aimed directly or indirectly at or upon surrounding property.
SECTION THREE: KENROY, INC., as owner of the subject property, shall execute an4,
see to the recording of the "Restrictive Covenants", attached hereto and hereby made a
part hereof as Exhibit C.
SECTION FOUR: That the Director of Building and Zoning of the Village of Mount Prospect
is hereby authorized to issue upon recording of the aforementioned Exhibits A and C, as
well as the text of this Ordinance, and upon proper application for building permits, such
permits as may be required for the construction of the said planned unit development -- which
construction shall be governed by the terms of Article XXV of Chapter 14 of the Mount Pros-
pect Municipal Code (The Zoning Ordinance), this Ordinance herein, and all other applica-
ble 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. The owner, KENROY . INC. , shall have the option to construct the
entire planned unit development at once -- or in stages as shown
in the Stage Plan Exhibit attached hereto and hereby made a part
hereof as Exhibit D.
B. Construction of public improvements on-site and off-site shall proceed
pursuant to Article XXV of Chapter 14 of the Municipal Code of Mount
Prospect (The Zoning Ordinance) , as well as the subdivision regulations
of the Village of Mount Prospect, or if KENROY, INC. desires to construct
the said planned
It development in stages as shown upon the sai.d Ex-
hibit D . the stages of development may proceed in any sequence as deter-
mined by KENROY . INC. so long as the water mains , storm and sanitary
sewer lines, and access roads within any given stage shall have been
constructed and installed by the Owner and approved and accepted by
the Village before the Village shall issue any building permits for build -
1 t iven stage. For fire fighting purposes, the afore'
mentioned "access roads" shall mean those fire lanes and other private
roads reflected on the Site Plan (Exhibit B) , except that no final asphaltic
topping has been installed therein.
C Before the acceptance by the Village of ownership of any on-site
water mains or sanitary sewer lines reflected in the On -Site Utility
Plan, attached hereto and hereby made a part hereof as Exhibit E,
KENROY, INC. shall convey to the Village of Mount Prospect suffi-
cient easements (minimum ten (10) feet wide) for the maintenance
of such on-site water mains and sanitary sewer lines and shall post
with the Village sufficient bonds, in a for approved by the Village
Attorney, and in sufficient amount as to guarantee said construction
and installation for a period of two (2) years from the date of accept-
ance of said water mains and sanitary sewer lines.
DW The stormwater retention la,'ke shown upon the Site Plan ("Exhibit B)
shall be of a minimum "I acre feet capacity.
E. All fences shown on Exhibit B (Site Plan) and all street lighting and
landscaping shall conform to the design shown upon Exhibit F (Land-
scape Exhibit) , attached hereto and hereby made a part hereof.
SECTION FIVE: That as each stage of development is completed and occupancy certi-
ficates are issued for all of the residences in such stage, KENROY , INC. will cause
an Open Space Easement to be delivered to the Village of Mount Prospect, together
with an accurate Plat thereof.
A. These Plats and Easements shall be recorded and shall contain such
wording sufficient to permanently guarantee the open space as shown
on such Plat in accordance with the said planned unit development and
any amendments thereto.
B That said Open Space Easement shall convey to the Village of Mount
Prospect all development rights to said open space, which rights
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 IIF with all its exhibits and plans shall b
recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon com
I-
pletion of the planned unit development herein; and the Restrictive Covenants con-
tained on Exhibit C hereto shall be recorded immediately upon the execution there
and the passage and approval of this Ordinance. I
SECTION SEVEN: That this Ordinance shall be in full force and effect from and after
I its passage, approval, and publication in the manner provided 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 1974.
Rvlfi�
Village Clerk
M
Village President
KENROY , INC. , an Illinois corporation, in accordance with the
provisions of Article XXV 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
State of Illinois, as follows:
Development proposed on the property described as follows:
The East 840.4 feet except the East 223 feet thereof of the North 20
acres of the Northeast Quarter of the Northeast Quarter of Section 23,
Township 41 North, Range 11 East of the Third Principal Meridian
excepting that part thereof described as follows: Beginning at a
point on the North line of Section 23 which is 740. 40 feet West of the
Northeast corner of said Section (as measured along the North line
of said Section); thence South on a line with the East line
of said Section 20 0 feet; thence West on #p': line parallel with the North
line of said Section 100 feet; thence North on a line parallel with the
East line of said Section 200 feet; thence East along the North line of
said Section 100 to the point of beginning, all in Cook County, Illinois.
to guarantee development substantially in accordance with the Planned Unit
Development Ordinance No. approved byte President and Board of
Trustees ofthe Village of Mount Prospect on 1974, for a period of
eighteen (18) months following completion of said Planned Unit Development.
2. KENROY , INC. 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 contract(s) , provide for adequate maintenance
of all building exteriors, parking areas, and other paved areas, and of all
open space located within said Planned Unit Development, which open space
is defined as all of the land upon completion of construction ofthe 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, KENROY, INC. will cause a Plat of Open Space Easement
to be delivered to the Village of Mount Prospect for recordation, which, by
s id Plat, it is intended to permanently guarantee open space substantially
in accordance with said approved Planned Unit Development and any amendment
thereto. Said Plat 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 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 aft said property it is agreed otherwise.
5. Nothing in these covenants 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 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.
acceptance of these Restrictive Covenants, the Village of
Mount Prospect acknowledges that its Ordinances relating to Restrictive Covenants
has been fully complied with.
7. If the arties hereto, or any of them, or their heirs or a
p ssigns
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 proceedings 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 of or to recover damages or other dues for such violation.
8. These covenants shall be binding upon and inure to the benefit
of the parties hereto, their successors and assigns.
WHEREFORE, the parties hereto have hereunto set their hands and
seals this day of —1, 1974.
ATTEST: By:
Secretary
VILLAGE OF MOUNT PROSPECT, a municipal
corporation of the County of Cook and State
Of IlliV&r*6
By:
ATTEST: Village President
Village Clerk
in