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HomeMy WebLinkAbout2774_001NEXT ORDINANCE #2671 NEXT RESOLUTION #27-7.6- 0 R D VILLAGE BOARD WEDNESDAY NOV. 39 1976 VILLAGE OF MOUNT PROSPECT 8:00 P.M. 1. CALL TO ORDER 2. INVOCATION - Trustee Wattenberg, 3. ROLL CALL Mayor Tei chert Trustee Fl pros Trustee Rhea Trustee Hendricks Trustee Richardson Trustee Minton - Trustee Wattenberg Change of meeting of the Mayor & Board of Trustees of the Village of Mount Prospect called by M ' ayor Teichert on Thursday, Oct. 21, 1976 pursuant to Chapter 2 "The Board of Trustees" Section 2.103 ','Meetings", as specified in the Municipal Code of Mt. Prospect. 4. APPROVAL OF MINUTES OF OCTOBER 19, 1976 5. APPROVAL OF BILLS 6. COMMUNICATIONS & PETITIONS CITIZENS TO BE HEARD 1. Norma Murauskis-I Gallon Blood Donors Awards 2. Presentation of Water Crisis - Staff 7. MANAGER'S REPORT 1. Sidewalk Bid Results 2. Grant of Sidewalk Easement - River Trails School - District 26 3. Status Report - Various Village Projects 8. MAYOR'S REPORT I. Proclamation -Law Enforcement Week; November 7 - 13 9. COMMITTEE REPORTS A. BUILDING COMMITTEE 1. 58-Z-76 Greg Hayes - 431 W. Dempster -(Change in Density) 59-V-76 11 It 2. 554-76 Martha Placko - (Northwest Corner of Lonnouist & Byron Ct. XEx-A) I "( 3. 49446'ked Lobster - S. Elmhurst Rd. 2nd Reading B. FINANCE COMMITTEE 1. Conflict of Interest Ordinance (Exhibit B C. FIRE & POLICE COMMITTEE 1. Twin Ice Rink Rock Concert D. JUDICIARY COMMITTEE E. PUBLIC HEALTH & SAFETY COMMITTEE F. PUBLIC WORKS COMMITTEE 10. OTHER BUSINESS 11. ITEMS TO BE REFERRED 12. COMMITTEE ANNOUNCEMENTS 13. FOR INFORMATION ONLY 14. ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES October 19, 1976 CALL TO ORDER Mayor Teichert called the meeting to order at 8:00 P.M. INVOCATION Trustee Hendricks gave the invocation. ROLL CALL Present upon roll call: Ayes: Tbichert Floros Hendricks Minton Rhea Richardson Absent.- Wattenberg The Mayor, with the approval of the Village Board, diverted from the standard agenda and recognized the 4-H Club. The 4-H Club presented the colors. Donna Fay, member of the club, presented the Playor with a 4-H jacket in recognition of the Village's support of 4-H endeavors. APPROVAL OF MINUTES OF THE REGULARIMEETING OF OCTOBER 5. 1976 Trustee Rhea, seconded by Trustee Hendricks, moved for approval of the minutes of the regular meeting of October 5, 1976 as sub - m i Upon roll call: Ayes: Floros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Fl oros , seconded by Trustee Ri chardson , moved f or ap- proval of the minutes of the Special Board Meeting of October 12, 1976 as submitted. Upon roll call: Ayes.- Floros Hendricks Minton Rhea Richardson Motion carried. Trustee Richardson, seconded by Trustee Hendricks, moved for ratification of the action taken at the special board meeting of October 12, 1976. Upon roll call: Ayes: Floros Hendricks Minton Rhea Ri chardson APPROVAL OF BILLS Trustee u , proval of bills in the following amounts:« General . 54 . . . . . . . . „. . . . 2 • Parking 5805-90 MottyFL6l Tx. . • • 107 � % 58 . 0 Corporate Purposes Constr. 1973 . ., . . 2,1 0.50 Corporate Purposes Constr. 1974 . . . 1049599.41 Waterworks & sewerage Bond & Interest . . . . . k 375355.25 Waterworks & sewerage Operation & Maintenance . 35s413.77 544,1793 4 Upon roll call.- Ayes,: F1 pros Hendricks Mi nton Rhea Richardson Motion carried. Trustee F,Ioros5 seconded by Trustee Richardson, moved for ap- proval of the Financial Report subject to audit. Upon roll call: Ayes-, Floros Hendricks Minton Rhea Richardson Motion carried. COMMUNICATIONS & PETITIONS The Mayor presented to the Village by the following: Gary « Johns, G. Alan Julin, Nelson.Donald Dobbs, Marshall Theroux, Bud Public Education Officer Jackson of the Mt. Prospect Fire Depart- ment presented Fire Prevention Week poster awards to grammar school children and sch,00ls as chosen by the Fire . Kay « na, 1103 Hunt Club Dr., requested the Board reconsider its decision regarding the use of sprinklers fire code concerning the Mt. Prospect Bible Church. remainThe Board chose to «its last decision. MANAGER'S The Village Manager expounded on the following subjects:« 1. The P.A. system as it relates to the microphones used by the Board has been « repaired. Police2. Requested the Fire & o proposed contract between the. Prospect Dept,and• ' This wi 11 allow the Village to use sheriff facilities « Village responding to calls for «exchange for. « Prospect"� assistance in unincorporated Mto 3. Requested Board concurrence of the River Trails Park District easement agreement for the Village sidewalk constructi on pro gram .« Pg. 10/19/76 Trusteel.Rhea, seconded by Trustee HendricKs,, moved to have the Mayor sign and the Clerk attest to the River Trails School District easement agreement. Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson - Motion carried. 4. Announced Saturday, 11-13-76, at 10-00 a.m. there will be a bicycle auction for 40 unclaimed bicycles collected b y ce . the PoliDeptThe public may view the bikes I from 9 - 10 a.m. that Saturday. 5. The Village has just completed its longest street re- surfacing in the history of the Village (13 1/4 miles). 610, The computer error has been corrected regarding lt;he billi n -g for Vehicle stickers. 7 in flu vaccination for the general public (people between the ages of 18 - 60) will take place 11-13-76 and 11-14-76 at Rand urs Hours: 9:00 AM - 9:00 PM. The Rotary Club has agreed to help. 8. The Mt . Pros pect Recycl i n g Cen te r to date h as col I ected 220 gallons of oil and 14 tons of newsprint. T h i n g s are going smooth with the center and citizens are urged to continue with their fine support. MAYOR'S REPORT The Mayor proclaimed the week of Oct. 17-23 as Brain Research Week. The Mayor announced Sunday, 10-31-76 between the hours of 1:00 P.M. and dusk as Mt. Prospect's official Halloween Day. He urged all parents and children to cooperate by following the aforementioned hours . BUILDING COMMITTEE Trustee Minton, seconded by Trustee Hendricks, moved for concurrence of the Building Committee's report for case 45-V-76. Upon roll call: Ayes: Roros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Minton, seconded by Trustee Hendricks, moved for waiver of the rules requiring two readings of an ordinance. Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Motion carried. Trustee Minton, seconded by Trustee Hendricks, moved for passage of Ordinance #2668. - AN ORDINANCE AUTHORIZING A VARIATION FROM SECTION 23.1011 OF THE T. PROSPECT BUILDING CODE Upon roll call.- Ayes.- Floros Hendricks Minton Rhea Richardson Motion carried. Pg. 3 10-19-76 Trustee Minton requested cases 58-Z-76 and 59-V-76 be placed on the next agenda. Trustee Minton requested cases 5-V-76 and 25-V-76 be placed back on the Building Committee's charge sheet. Trustee Minton, seconded by Trustee Hendricks, moved for concurrence of the Building Committee report for case 51 -SU -76. Upon roll call: Ayes: Floros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Minton, seconded by Trustee Hendricks, moved for con- currence of the Building Committee report for case 55-V-76. Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Motion carried. This was considered a first reading for the proposed ordinance. Trustee Minton, seconded by Trustee Hendricks, moved for concurrence with the Building Committee report for case 61-V-76. Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Motion carried. Trustee Minton, seconded by Trustee Hendricks:, moved for concurrence of the Building Committee report for case 62 -SU -76. Upon roll call: Ayes: Floros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Minton, seconded by Trustee Hendricks,, moved for a waiver of the rules requiring two readings of an ordinance. Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Motion carried. Trustee Minton,, seconded by Trustee Hendricks, moved for approval of Ordinance #2669: AN ORDINANCE GRANTING A SPECIAL USE FOR PROPERTY LOCATED AT 805 BURNING BUSH X62 -U-76 Upon roll call: Ayes: Floros Hendricks Minton Rhea Richardson Motion carried. Pg. 4 10/19/76 FINANCE COMMITTEE Trustee Floros, seconded by Trustee Richardson, moved for a waiver of the rules requiring two readings of an ordinance. Ayes- Floros Hendricks Minton Upon roll call. Rhea Ri chardson Motion carried. Trustee Floros, seconded by Trustee Richardson, moved for passage of Ordinance #2670: AN ORDINANCE AMENDING THE ANNUAL LICENSE FEES FOR COIN - IN -SLOT SELF-SERVICE DRY CLEANING MACHINES AND SELF- SERVICE LAUNDERING MACHINES Upon roll call: Ayes-, Floros Hendricks Minton Rhea Ri c ha rds on Motion carried. FIRE & POLICE COMMITTEE Trustee Richardson, seconded by Trustee Floros, moved for con- currence of the Fire & Police committee report to re -install 1astop" signs east & westbound on Aztec Lane at Aralia Dr. again making it a 4 -way stop intersection. Upon roll call: Ayes: Floros Hendricks Minton Richardson Rhea Nays Moti on carried. The removal of "stop" signs at the i�,,itersections of IndigD Ln. and Carib Ln. and Indigo Ln. and Corktree Ln. were referr,2d back to the Safety, Commission for further study. Trustee Richardson, seconded by Trustee Floros, moved for con- currence of the Committee's report recomimr,nding the des ,jgnation of a bus parking area for school days only, at Indian Grove School . Upon roll call: Ayes. - Floros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Richardson, seconded by "Trustee �_Ioros, moved to C -on - cur wi th the admi ni strati on ' s recornmerdati on of po-1 i ce alx !mpt positions in the following manner: 1. % salary increase above police officer for the 5 shift commander positions. 2. 30% salary increase above police officer for the 2 di vi s ion commanders . For a total estimated cost of $6,174 per year. 3. The salary of the position for the Deputy Chief will P9. 5 10/19/76 be recommended in the 77 - 78 budget. Upon roll call: Ayes: Floros Hendricks Minton Rhea Ri chardson Motion carried. Trustee Richardson, seconded by Trustee Floros, moved to concur with the administration's recommendation of a $750 annual incentive pay for police officers who are selected to work as detectives. For the 6 detective bureau members, this would cost $4,500 annually. Upon roll call: Ayes Floros Hendricks Minton Rhea Richardson Motion carried. Trustee Richardson, seconded by Trustee Minton�, moved to concur with the administratlore ,'s recommendation of a $350 annual incentive pay to police officers who remain qual'ified breathalizer operators. The total coat woul,200 annivallly'. Upon roll call: Ayes: Hendricks Minton Richardson Nays : Fl pros Rhea Motion carried. Ri chard Batch�en , Vic,,., Pre'.''� i dent of J - Emi 1 Anderson & Sons, , Inc presented a lette'r to the Board explaining how his firm would resolve the problems tha:,," have surrour,ded the Randhurst Twin Link rock concerts. J. E'mil Anderson & Sons, Inc. has stated they will not hold any further rock rs at said location. Barry Fox, owner of f3laz ProdLlCtions (responsible for the rock, h con�certs) stated he wished t,o contint,�e, pi,,,.,tting on cor',,certs anct had a contract through 1-12-77 fOY" SLA(Oh. The Board,, not seeking to elimithe rock concerts, re ­ cased for 5 minutes to d1US th4S surprise action by the parties involved. Tema: 10:07 P.M. The Mayor called the meeting back to order at 10:20 P.M. Present upon roll ca"11: A y e s Telichert Floros Hendricks Minton Ri­�ea Ri chardson The Board felt the action des cri bed by Ri ch a rd Bate en el i mi nated the need for of'f i ci all Board a on . Further discussion of said topic was carried over for the, neXt Board meeting. PUBLIC WORKS COMMITTEE Trustee Rhea moved to discontinue the study of rem�oval of' traf- fic signs by the tragi fi ' c engineer aand Safety Commission because their recommendations were not being executed by the Board. Motion failed for lack of a second. Pg. 6 100/19/76 OTHER BUSINESS Trustee Rhea,, seconded by Trustee Floros, moved to have the Mayor sign and the Clerk to attest the Century Resubdivision subject to approval of all proper agencies and posting of public improvement bonds. Upon roll call: e,',. : Motion carried. Floros Hendricks Minto Rhea Richardson i Trustee Richardson seconded by Trustee Minton moved t -o wai 'fe the rules and bring to the floor a release between Prospect Enterprises, Inc. and the Village of Mt. Prospect. Upon roll call.- %lotion carried. Floros Hendricks Minton '21\hea Richardson Trustee Richardson, seconded by Trustee Floros,, moved to accept the release between Prospect Enterprises, Inc. and the Vil'lage of Mt. Prospect. Upon roll call: Ayes Floros Hendricks Minton Rhea Richardson Motion carried. COMMITTEE ANNOUNCEMENTS Public Works -- Oct. 21, 1,976 IFinance Oct. 28, 1976 Building Nov. 4, 1976 ADJOURNMENT Trustee Richardson, seconded by Trustee Hendricks, moved for adjournment. Unanimous. Time: '10 :3' p.m. KEVIN O ' DONNELL DEPUTY CLERK NEXT ORDINANCE #2671 NEXT RESOLUTION 427-76 ORDER OF BUSINESS VILLAGE BOARD WEDNESDAY NOV. 3, 1976 -------- VILLAGE OF MOUNT PROSPECT 8:00 P.M. 1. CALL TO ORDER 2. INVOCATION - Trustee Wattenberg 3. ROLL CALL Mayor Teichert Trustee Floros Trustee Rhea Trustee Hendricks Trustee Richardson Trustee Minton Trustee Wattenberg Change of meeting of the Mayor & Board of Trustees of the Village of Mount Prospect called by Mayor Teichert on Thursday, Oct. 21, 1976 pursuant to Chapter 2 "The Board of Trustees" Section 2.103 "Meetings", as specified in the Municipal Code of Mt. Prospect. 4. APPROVAL OF MINUTES OF OCTOBER 19, 1976 5. APPROVAL OF BILLS 6. COMMUNICATIONS & PETITIONS CITIZENS TO BE HEARD 1. Norma Murauskis-1 Gallon Blood Donors Awards 2. Presentation of Water Crisis - Staff 7. MANAGER'S REPORT 1. Sidewalk Bid Results 2. Grant of Sidewalk Easement - River Trails School - District 26 3. Status Report - Various Village Projects 8. MAYOR'S REPORT 1. Proclamation -Law Enforcement Week; November 7 - 13 9. COMMITTEE REPORTS A. BUILDING COMMITTEE 1. 58-Z-76 Greg Hayes - 431 W. Dempster -(Change in Density) 59-V-76 2. 5.5-V-76 Martha Placko - (Northwest Corner of Lonnauist & Byron Ct.XEx.A) 3. 49446 'Red Lobster - S. Elmhurst Rd. 20 Reading B. FINANCE COMMITTEE I. Conflict of Interest Ordinance (Exhibit B C. FIRE & POLICE COMMITTEE 1. Twin Ice Rink Rock Concert D. JUDICIARY COMMITTEE E. PUBLIC HEALTH & SAFETY COMMITTEE F. PUBLIC WORKS COMMITTEE 10. OTHER BUSINESS 11. ITEMS TO BE REFERRED 12. COMMITTEE ANNOUNCEMENTS 13. FOR INFORMATION ONLY 14. ADJOURNMENT NOVEMBER 3. 1976 BUILDING COMMITTEE 11-4-75 5—V-76 WILLIAM ROPPOLO (S.W. CORNER-OF—PROSPECT . 1 WATER RATES 8-17-76 LICENSING OF MULTIPLE DWELLINGS 10FINANCE COMMITTEE —ALTER BLDG. CO. REVENUE BOND PROPOSAL 5--76 75 LICENSING OF REAL ESTATE BROKERS AND TRANSACTIONS '7 — 2 9 — _"? 5 MT PROSPECT HOUSING AGENCY --7 LIQUOR LICEN'SE REOUEST — SCOREBOARD LOUNGE (CLASS A) 8-3 —76 ETHICS ORDINANCE 10-5-76 FIRE & POLICE COMMITTEE 'NIC TRANSPORTATION SYSTEM WITHINTHE VILA 5-15-73 C CISIC5_-75 KEEPING T E LIMITED ACC_ESS EE'] 6-18-74 NETWORKROAD CS CT MEADOWS SUS I'll I "10-15--75 EMERGENCY VEHICLES BEYOND VILLAGE LIMITS 7-1 75 PRICING II UAL FOOD PACKAGES 11-18-75 REMOVAL OF THE CIRCUIT COURT FROM 1.1 CAST NORTHWE-ST HIGHWAY 3 -76 PRICING ON SIGNST SERVICE STATIONS 61 75 COMMUTER IC 775 SHERIFF'SCOOK COUNTY C DEPARTMENT CONTRAICT 10-19-76 LIBRARYRELOCATION OF BOARD MEETINGS TO NEW 7 ROBERT GORDONs ESQ. CASE # 76 L 4400 7--7 PUBLIC STREET LIGHTING 30 FLAGS & N" T SIGN ORDINANCE IOLAT.I S 11-5 7 REVIEW OF SOCIAL SERVICES 11 5 SURPLUS -- VILLAGE OWNED PROPERTIES 3-16-76 BICYCLE SAFETY & EDUCATION 9-7-76 SIDEWALKS ! OF ! 1 + i •1 • , ZONING ALONG '11 SPECIAL ZONING 1 D ZONING' ! 'COURTS, PRIVATE PRIVATE • ANNUAL R PREPARATION DEVEL— OPMENT PLAN ON ANNUAL BASIS 1-21-75 SAFETY COMMISSION SUGGESTS D NETWORK IN PROSPECT MEADOWS SUBDIVISION 10-1 -74 BIKE SAFETY USAGE 7-2 -74 4 -WAY STOP INTERSECTION SEE-GWUN & SHABONEE 6-17-75 TRAFFIC SIGNALS AT INTERSECTION BUSSE RD. & WILLOW LN. 11-18-75 DOWNTOWN LIGHTING 2-3 -76 DRAINAGE & CLEAN STREAMS COMMISSION MC DONALD CREEK 4-22-75 COMMUNITY SERVICES & MENTAL HEALTH COMMISSION I O-1 6-73 -57TCRIM PLAN FOR BALANCED DISTRIBUTION OF HOUSING OPPORTUNITIES FOR NORTHEASTERN PREPARATION OF HOUSING ASSISTANCE PLAN ON ANNUAL BASIS 1-21-75 . . . ............ . . . VILLAGE MANAGER VILLAGE ATTORNEY STREET LIGHTING SUBDIVIS I ION REGULATIONS 1-20-76 INDUSTRIAL WAST ORDINANCE - WITH ENGINEERS 2-5 -72 BILLY ALTER PLAITS OF DEDICATION - PUD 11-210-76 VILLAGE ENGINEER IMPROVEMENT OF' DEDICATED STREETS 5 - 1 19 -7 0 POLICY REGARDING STREET LIGHTING 12-18-73 INDUSTRIAL WASTE ORDINANCE - WITH ATTORNEY 21- 5 -7 4 4 -WAY STOP INTERSECTION OF SEE-lGWUN AND SHABONEE 6-17-75 DOWNTOWN DEVELOPMENT & REDEVELOPMENT COMMISSION COMBINED PARKING BEHIND VILLAGE HALL 2 -,3 -7 6 SENIOR CITIZEN ADVISOR Y COUNCIL SENIOR CITIZEN CENTER (WITH HEALTH IUEPARTMENT 2-3 -76 PERSONNEL DIRECTOR AIL3-2 -76 ,7-,'"VU,ATITHE ILLAAG �NG VGE MANER ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF LONNQUIST BOULEVARD AND BYRON COURT__...._ WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did meet on the 23rd day of September, 1976, at the hour of 8: 00 p.m. , at the Public Safety Building Boardroom and did hear Case No. 55-V-76, pursuant to proper legal no- tice; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did hear this request for variations to allow the petitioner to construct a single family resi- dence upon a corner lot having a front width along Lonnquist Boulevard of only sixty feet (601) , rather than the seventy-five feet (751) minimum width required by ordinance, and to reduce the front yard requirement adjacent to Byron Court from thirty feet (301) to twenty feet (201) on the lot generally located at the northwest cor- ner of Lonnquist Boulevard and Byron Court, in the Village of Mount Prospect, Illi- nois; and WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did recom- mend to the Board of Trustees of the Village of Mount Prospect the approval of this request under said Case No. 55-V-76; and WHEREAS, the Building Committee of the Board of Trustees of the Village of Mount Prospect did meet on the 14th day of October, 1976, and did review the recommenda- tions of the Zoning Board of Appeals in said Case No. 55-V-76; and WHER11,AS, the Building Committee of the Board of Trustees of the Village of Mount Prospect have recommended that the Board of Trustees of the Village of Mount Pros- pect concur in the recommendations of the Zoning Board of Appeals under said Case No. 55-V-76; 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 I 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. 55-V-76, being legally' described as follows: That part of Lots 1 and 2 lying Easterly of a straight line drawn from a point in the North line of said Lot 1, eleven (11) feet West of the North- east corner thereof to a point in the South line of said Lot 2, fifteen (15) feet East of the Southwest corner thereof in the Resubdivision of Lot 2 in the First Addition to Moehlings Pleasant Dale Subdivision, being a sub- division of part of the Southwest Quarter (j - Section ) of Sti12, 4 Township 41 North , Range 11, E ast of the 'Third Princip al Meridian, in Cook County, Illinois . is currently zoned under the Zoning Ordinance of the Village of Mount Prospect as R-1 (Single Family Residence) District, which zoning classification shall remain mlfi in full force and effect Subject to the variations granted herein: (a) That the yard abutting the front lot line adjacent to Byron Court be reduced to twenty feet (20') (b) That the width of the lot upon which the single family resi- dence is contemplated to be constructed herein rn.ay be re- duced to sixty feet (60') at the front lot line adjacent to Lonnquist Boulevard. S '�'ECTION TWO: That all requirements of the Mount Prospect Building and Zoning Codes 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 11fount Prospect is hereby authorized to issue a building permit for construction in accord- ance with the variations hereinabove mentioned. SECTION FOUR: That the variations granted by this Ordinance shall be -null and void and of no force and effect whatsoever unless an application for a building per- mit pursuant to such variations is made and construction commenced within one (1) year of the date this said Ordinance becomes effective. SECTION FIVE: That this Ordinance shall be null and void and of no force and ef- feet whatsoever until after its passage, approval, publication, eand such time as an accurate plat resubdividing the said parcel described in SECTION ONE hereinabove is recorded with the Recorder of Deeds of Cook County i Illinois; a copy of which plat of resubdivision shall be attached hereto and hereby made a part hereof. NAYS: PASSED this day of , 1976. APPROVED this day of 1, 19 76. Village President W-WWN Village Clerk ORDINANCE NO. AN ORDINANCE DECLARING PUBIJC POLICY CONCERNING CONFLICTS OF INTEREST BE IT ORDAINED BY THE PRESIDENT ANTID BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT., COOK COUNTY., ILLINOIS: SECTION ON -FE ,: That, pursuant to the authority vested in the President and Board of Trustees of the Village of TV11ount Prospect under Article VII of the 1970 Constitu- tion of the State of Illinois, Chapter 8 of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further am -ended by amending Sec- tion 8.115 in its entirety and by adding Section 8.116 and Section 8.117 thereto; so that hereafter the said Section 8.115, Section 8.116, and Section 81.117 shall be and read as follows: SECTION 8.115. Declaration of Public Policy. A. Declarar,tionof Polle I y. The proper operation of government requires that all officials, elected, appointed, and salaried employees, hereinaf- ter referred to as Village officials, be independent and impartial; that government decisions and policy be made and carried out in the proper channels of the government structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. The attainment of one or more of these ends is impaired whenever there exists, or appears to exist, an actual or potential con- flict between the private interests of a government official and his duties as an official. The public interest requires, therefore., that the law pro- tect against such conflicts of interest and establish appropriate ethical standards with respect to conduct in situations where actual or poten- tial conflicts exist. 1 Public officials are agents of public purpose and hold office for the benefit of the public -- they are bound to uphold the Constitution of the United States and the Constitution of the State of Illinois and to carry out impartially the laws of the Nation, State and Village, thus fostering respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considera- tions, recoclrnizing that the public interest must be their primary concern. Their conduct in both their official and private, affairs should be above reproach. 2. All officials of the Village of Mount Prospect shall not exceed their authority, or breach the law or ask others to do so. B. Nonpartisan Organization. No public official, whether elected or appointed. shall promise an appointment to any salaried municipal position as a reward for any political activity. 2. No public official, whether elected or appointed, shall cause 'any other Village employee to contribute to, or perform work for any political party as a condition of continued employment. C Public IL222ELL. No public official shall request or pe-,rmit the use of Village owned vehicles, equipment, materials, or property for person- al convenience or Profit, eXCept when such services are available to the public generally, or aie provided as r.r_--unicJ1T_%al policy for use of such public official in the conduct of official business. D. Gifts and Favors. No public official or his immiediate fanaily shall ac- cept any gift, from any person, firm, or corporation which, to their knowledge is interested directly or indirectly in any manner whatso- ever in business dealings with the Village, nor shall such public offi- cial: 1. Accept any gift, favor or thing of value that may tend to inf"luence him in the discharge of his duties; or 2# Grant in the discharge of hi's duties any improper favor, service, or thing of value. E. Official Activit -y. No public official shall engage in any activity or may be in any manner interested, either directly or indirectly, in his name or in the name of any other person, association, trust. or corporation, in any contract or the performance of any work for the making or letting of which such official may be called upon to act or vote. 1. No such public official may represent., either as agent or otherwise, any person, association, trust, or corporation, with respect to any application or bid for any contract or work in regard to which such official may be called upon to vote. 2. Any contract made and procured in violation of this Section is void. F. Disclosure Statements. 1. All public officials shall file with the Village Clerk a verified Dis- closure Statement, responding in detail to the following questions in the following form: Disclosure Statement a. Do you or any members of your immediate family have any interest in real property lying within the corporate limits of the Village of Mount Prospect or within one and one-half M) miles thereof? If your answer is in the affirmative, 2 state the following: Nature of Interest in Commonly Known Such Real Property (Owner, Permanent Real Address of Real Joint Owner, Tenant, Bene- Estate Tax Identi- ficiary , Trustee, etc.) fication Number we b Do you or any members of your immediate family own five per - 'N' I? any cent or more of fmy business ent I Are you or members of your immediate family an officer or director of any business entity? If your answer to either of the foregoing questions is in the affirmative, state the following: Nature of Your Type of Product Produced Name of Business Relationship to or Service Rendered by En. t -i - , 11 Business Enti !X -� Business EntijX c. Identify- the sources of your income hereinbelow: Source of In 41 *_., if Source Percentage of Income From Sells Material.and/or Services This Source (If 10% or more to the villi a'LN,,.ofL IM-ount Prospect of Gross Income declare that the foregoing statements have been examined by me and are to the best of my knowledge and belief, true., correct, and accurate. I have received from the Village Clerk copies of the Municipal Code of the Village of Mount Prospect and Sta- tutes of the State of Illinois pertaining to conflicts of interest, income disclosures, and misconduct by public office holders. I understand that the penalty for wilfully attesting to a false disclaimer is a fine not to exceed Five Hundred Dollars ($500) , removal from office, or both. D ate d.- 1 19 Subscribed and Sworn to before me this day of 19 (Seal) Notary Public" 2. The Disclosure Statement required above shall be completed on forms provided by the Village Clerk and shall be . the following schedule: C) filed pursuant to --3- ,I a., Public oJI"liciels holding office, elective, appointive, or other- wise, on the date of this Ordinance ado, -tion, shall file within thirty (.30) days of the date of adoption. b. Any candidate for elective public office within the villa ,e gov- ernment shall file with his nominating petition. c. Any person appointed as C -L public offricial, if required to do so by this Ordinance, shall file his Disclosure Statement prior to his appointment. I d. Any person elected to public office within the Village shall a - g gain file within fifteen (15) days after his election. e Any other public official, elected or appointed, shall file his Disclosure Statement annually on or before May 1. 3. The Village Clerk shall provide each person filing such Disclosure Statement with a written receipt, indicating the date on which such filing took place. 4. All Disclosure Statements so filed under this Section shall be avail- able for examination and copying by the public during regular busi- ness hours. a. Each person examining a Disclosure Statement shall fill out a form prepared by the Village Clerk, identifying :lie qe-xamlner by name, occupation, address, and telephone number, listing the date of examination and reason for such examination .' b The Village Clerk shall promptly notify each person required to file a Disclosure Statement under this Section of each instance of an examination of his Disclosure Statement by sending him a duplicate original of the identification form filled out by the per- son examining his Disclosure Statement. 0 G. Cam)2al n Contributions. Campaign contributions shall be reported by all candidates for elected Village office in strict conformity with the pro- visions of the Illinois State Statutes. SECTION 8.116. Rules and Definitions. A. The language set forth in the text of Section 8.115 shall be interpreted in accordance with the following rules of construction: 1. The singular number includes the plural number, and the plural the singular. 2., The word "shall" is mandatory; the word "may" is permissive. 3. The masculine gender includes the feminine and neuter. M B. Whenever in Section 8.115 the followina- words and phrases have been used.. they shall. for the purposes of said Section 8.115 , have the mean- ings respectively ascribed to them in this Section., except when the con- text otherwise indicates. 1. Business Entity. Any organization or enterp . rise operated for pro- fit, including but not limited to a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or associa- tion . 2. Gift. Any property, real or person, tangible or intangible, of a market value in excess of Fifty Dollars ($50) obtained by an indivi- dual without the payment of the property's full market value. Gifts from an individual's spouse, child, parent, grandparent, grand- child, brother, sister, parent -in-law, brother-in-law, sister-in- law, aunt, uncle, or first cousin, or the spouse of any such person or gifts, to a church, religious, or charitable organization qualified as such under the provisions of the Internal Revenue Code shall not be considered gifts for the purposes of this definition. Gifts of in- formational material such as books, pamphlets, reports , calendars. or periodicals shall not be considered gifts for the purposes of this definition. 3. Immediate Farai , ly. An individual's spouse, dependent children, or others claimed by such individual as dependents for Federal income tax purposes. 4. Interest in Real Pro includes, but is not limited to the follow- ing: Legal or equitable title; a beneficial interest in any trust (in- cluding a land trust); any assignment of any interest from a benefi- ciary or any other party of an interest; a power to direct convey- ance; a right to receive rents or proceeds from property; the obli- gation to pay rent; a lien; a tax sale certificate; an option; or any L other financial interest, real or personal, direct or indirect, in such property including status as a nominee or undisclosed princi- P al. 5. Person. An individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company . corporation, asso- ciation, committee, and any other organization or group of persons acting in concert . 6. Public Official. Any person who seeks to be elected or is elected to any public offlice in the Village of Mount Prospect government, or is appointed as a Mayor, as Trustee, or as a member of the Zoning Board of Appeals, or as Manager or head of any department of the Village of Mount Prospect, 7. Village. The Village of Mount Prospect, Cook County, Illinois. SECTION S. 117, PenaLt]L. Any person, firm, or corporation found guilty of violating the prov-isions of Section 8.115 and/or Section 8.116 shall be guilty of a misdemeanor and shall befined not to exceed Five Hundred ($500) Dol- lars, and/or removal from office. Each day that a violation is permitted to exist shall constitute a separate offense. 11 SECTION TWO: That if any part or parts of this Ordinance shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the re- maining parts of this Ordinance. The Board of Trustees of the Village of Mounl Prospect hereby declares that it would have passed the remaining parts of this Ordinance if it had known that such part or parts thereof would be declared unconstitutional. SECTION THREE: That this Ordinance shall be in full force and effect as of 12: 01 o'clock a.m., January 1, 1977, and after its passage, approval, and Pub- lication in the manner provided by law. AYES -, NAYS: PASSED this day of 1976. APPROVED this day of , 19 76. Village President Village Clerk