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HomeMy WebLinkAbout2783_001NEXT ORDINANCE 2692 NEXT RESOLUTION 3-77 0 R D E R 0 F B U S I N E S S VILLAGE BOARD VILLAGE OF MOUNT PROSPECT 1. CALL TO ORDER 2. INVOCATION - Trustee Minton 3. ROLL CALL TUESDAY, JANUARY 18, 1977 8:00 P.M. Mayor Teichert Trustee Floros Trustee Rhea Trustee Hendricks Trustee Richardson Trustee Minton Trustee Wattenberg 4. APPROVAL OF MINUTES OF JAN. 49 1977 APPROVAL OF MINUTES OF JAN. 6s, 1977 (Special) Ratification of action taken Jan. 6, 1977 5. APPROVAL OF BILLS 610, COMMUNICATIONS & PETITIONS - CITIZENS TO BE HEARD 710, MANAGER'S REPORT 1. Resolution for permit application to work on State R. O. W. (EX. A) 2. Results of bidding - We -Go Trail - Storm Sewer Project 3. Status Report - Various Village Projects 8. MAYOR'S REPORT 9. COMMITTEE REPORTS A., BUILDING COMMITTEE 1. 72 -SU -76 - Good People's Food Mart (Sunset School) 2. 67-V-76 Poppin Fresh Pies - 83 & Oakton 3. 70-Z-76 - 826 E. Rand, (Establish office & research buildings) B. FINANCE 1. Jolly Roger 2. Fel lini Liquor license change - Class W to R ( Ex. B C., FIRE & POLICE 1. Stop ,signs on Indigo Lane a 2 Hr. parking restriction on both sides of Elm between Central & Henry 3. Addi'tional commuter parking D. JUDICIARY E. PUBLIC HEALTH & SAFETY 1. Flags'& Penants - Sign ordinance violations F. PUBLIC WORKS 10. OTHER BUSINESS 1. Hearing on Pre -Annexation Agreement Resolution Richmond Subdiv. (Ex.0 2. Annexation Ordinance (Ex.D. ) 3. Rezoning Ordinance - Amending Map 38-S - RX to R4 (Ex -E 4. Ordinance granting Special Use Permit in nature of PUD (Ex.F 5. Ordinance, granting certain variations (Ex.G 6. Approval of Plat of Subdi vi sionV. ` M 7. Deferred Income Plan,- Tiruste6 Minton 8. Vote -A -Matic Recommendation - Municipal Election Village Clerk 11. ITEMS TO BE REFERRED 12. COMMITTEE ANNOUNCEMENTS 13. FOR INFORMATION ONLY 14. ADJOURNMENT M A T T E R S I N C O M M I T T E E January 18, 1977 BUILDING COMMITTEE ZB 39-Z-7 -- LOAS, INC. - CALLERO & CATINO - APT. COMPLEX 11-4-75 5-V-76 -- WILLIAM ROPPOLO - S.W. CORNER OF PROSPECT & CENTRAL 10-19-76 25-V-76 -.. 11 II 11 111111 WATER RATES 8-17-76 LICENSING OF MULTIPLE DWELLINGS 10-5-76 FINANCE COMMITTEE ALTERBLDG. CO REVENUE BOND PROPOSAL 7-1-75 LICENSING OF REAL ESTATE BROKERS & TRANSACTIONS 7-29-75 MT. PROSPECT HOUSING AGENCY 5-18-76 LIQUOR REQUEST - SCOREBOARD LOUNGE (CLASS A) 8-3-76 FIRE & POLICE COMMITTEE PUB I C ` mR_ .. Tm' RT T - - SYSTEM 'WITHIN THE VILLAGE 5-15-73 CABLE TV FRANCHISING 6-5-75 KEEPING FOREST AVENUE A LIMITED ACCESS STREET 6-18-74 PRICING OF INDIVIDUAL FOOD PACKAGES 11-18-75 COMMUTER PARKING 6-1-76 JUDICIARY COMMITTEE ROBE I RT -60-R O , ESQ#1 CASE #76 L 4400 7-20-76 PUBLIC HEALTH & SAFETY COMMITTEE L S & PENNANTS - SIDINANCE VIOLATIONS 11-5-74 PUBLIC WORKS COMMITTEE TO ZONING 1'1 1 • PLANNING COMMISSION N-FZD- ALONG RAND ROAD 12-2-69 SPECIAL ZONING DISTRICT DOWNTOWN (IND. & ECON. DEV.) 8-4-70 ZONING CLASSIFICATION STADIUM, ARENAS, ATHLETIC CLUBS & FIELDS, TENNIS COURTS, PRIVATE & SEMI PRIVATE CLUBS 6-2-75 ANNUAL REVIEW OF VILLAGE COMPREHENSIVE PLAN OR PREPARATION OF COMMUNITY DEVELOPMENT PLAN ON ANNUAL BASIS 1-21-75 SAFETY COMMISSION ST( ES t"'ROAD 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 BOARD OF HEALTH DRAINAGE & CLEAN STREAMS MC DONALD CREEK 4-22-75 COMMUNITY SERVICES & MENTAL HEALTH COMMISSION INTER' M PLAN' FOR BALANCED DIS TR BUTION F H USING 10-16-73 OPPORTUNITIES FOR NORTHEASTERN PREPARATION OF HOUSING ASSISTANCE PLAN ON ANNUAL BASIS 1-21-75 BOARD OF LOCAL IMPROVEMENTS VILLAGE MANAGER VILLAGE ATTORNEY STREET LIGHTING SUBDIVISION REGULATIONS INDUSTRIAL WASTE ORDINANCE - WITH ENGINEERS BILLY ALTER PLATS OF DEDICATION - PUD VILLAGE ENGINEER I PROVEMENT OF DEDICATED STREETS POLICY REGARDING STREET LIGHTING INDUSTRIAL WASTE ORDINANCE - WITH ATTORNEY 4 -WAY STOMP INTERSECTION OF SEE-GWUN & SHABONEE 1 M� D VILLAGE HALL tolmomerVi 1 PERSONNEL DIRECTOR CRITERIA FOR TING THE VILLAGE MANAGER El 2-5-72 1 -20-7�io 5-19-70 12-18-73 5-17-75 f-17-75 Village of Mount Prospect 100 S. Emerson Mount Prospect, Illinois 60056 Phone 312 392-6000 COMMITTEE RtPORT TO: Mayor & Board of Trustees FROM: Trustee E. F. Richardson, Acting Chairman, Public Health & Safety Committee SUBJECT: Public Health & Safety Committee Meeting 1-11-77 DATE: January 14, 1977 Present: Acting Chairman Richardson. Trustee T. J. Wattenberg. 3 (Trustee Hendricks unable to attend due to the death of his father). Buell Dutton, Bill Amundsen, representatives from Courtesy Home Center and,Mufich Buick. Flags & Pennants: This is an old charge which, according to Buell Dutton, can not be resolved without a complete revision of our local sign ordinance. Mr. Dutton plans to redraft the ordinance when time permits; however, he requested that the charge be transferred to the Building Committee since he normally attends all Building Committee meetings, thus eliminating the necessity for him to attend the Public Health & Safety Committee meetings. By a 2-0 vote, the Committee recommends this transfer, subject to approval by the respective Chairmen. Representatives from Courtesy Home Center and Mufich Buick expressed their concern and objection to flags and pennants being classified as signs. This matter should be clarified in the revised ordinance. Richardson Acting Chairman EFR:msw RESOLUTION NO. A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAPS 38-5 and 43-5 OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Village of Mount Prospect on January 18, 1977, at the hour of 8: 00 p.m. , did hold a public hearing upon the proposed Annexation Agreement for the regulation of the annexation of certain property to the Village of Mount Prospect, which property is located on Maps 38-5 and 43-5 of the Zoning Ordinance of the Village of Mount Prospect; and WHEREAS, a notice of said public hearing was published in a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, notice has been given and a public hearing held on January 13 , 1977., at 8: 00 p.m. , before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning to be i agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is in the best interests of the Village of Mount Prospect; NOW t THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT I COOK COUNTY, ILLINOIS: SECTION ONE: That the President of the Board of Trustees of the Village of Mount Prospect is hereby authorized to sign and the Village Clerk of the Village of Mount Prospect is hereby authorized to attest the Annexation Agreement made a part hereof and attached hereto as Exhibit I, which Annexation Agreement, pursuant to the pro- visions of Division 15. 1 of Article 11 of Chapter 24 of the Illinois Revised Statutes,, shall regulate the annexation of the following described property: The North 8 acres (except the West 210 feet thereof) of the East Half (1) of the Southeast Quarter ("D of Section 22, Town- ship 41 North, Range 11 East of the Third Principal Meridian, together with the West 54.0 feet of that part of the Southwest Quarter (4) of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, lying North of the South line , extended East, of the North 8 acres of the East Half (12-) of the Southeast Quarter G) of Section 22 aforesaid. all in Cook County, Illinois. SECTION' TWO: That the said Annexation Agreement shall be binding upon the suc- cessor owners of record of the above described land which is the subject of the said agreement and upon successor municipal authorities of this Village of Mount Prospect, a Cook County, Illinois. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED this day of 9 1977. APPROVED thIs day of 1977. Village Clerk ORDINANCE NO. AN ORDINANCE AMENDING MAP 38-S and MAP 43-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Zoning Board of Appeals of the Village of Mount Prospect did conduct a Public Hearing under Case No. 74-Z-76, on 'January 13, 1977, on a request for a zoning classification change from R -X (Single Family Residence) District to R-4 (Residential Development) District of certain property hereinafter described; and 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; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Map 38-5 and Map 43-5 of the Zoning Ordinance of the Vil- lage'of Mount Prospect, as amended, be and they are hereby further amended by reclassifying from R -X (Single Family Residence) District to R-4 (Residential Develop- ment) District the following described property: The North 8 acres (except the West 210 feet thereof) of the East Half G) of the Southeast Quarter (41) of Section 22 . Town- ship 41 North, Range 11 East of the Third Principal Meridian, together with the West 50.0 feet of that part of the Southwest Quarter (4) of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, lying North of the South line, extended East , of the North 8 acres of the East Half (12) of the Southeast Quarter (4) of Section 22 aforesaid, all in Cook County, Illinois. SECTION TWO: That Map 38-S and Map 43-S contained in SECTION ONE of Ordi- nance 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. FAMMS PASSED this day of o 1977. APPROVED this day of 1977. FINSV44-8 Village President Village Clerk ORDINANCE NO. WHEREAS , the Zoning Board of Appeals of the Village of Mount Prospect did hereto- fore conduct a public hearing under Case No. 75 -SU -76, on January 13, 1977, at the hour of 8: 00 o'clock p.m. , pursuant to a request for a special use in the nature of a planned unit development; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law; and WHEREAS , the Zoning Board of Appeals of the Village of Mount Prospect recommended to the President and Board of Trustees of the Village of Mount Prospect that the develop- ment proposed during the course of said hearing be authorized in that it would in no way be detrimental to the Village of Mount Prospect; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the Zoning Board of Appeals' recommendation under said Case No. 75 -SU -76 regarding the subject property; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEEJ OF THE VILLAGE OF MOUNT PROSPECTCOUNTY , ILLINOIS: SECTION ONE: That a special use permit be and is hereby anted to allow Pa grula Teller, or her assignees , to construct a planned unit development upon the following described property, hereinafter referred to as "the Subject Property": The North 8 acres (except the West 210 feet thereof) of the East Half M of the Southeast Quarter () of Section 22, Town- ship 41 North, Range 11 East of the Third Principal Meridian, together with the West 50.0 feet of that part of the Southwest Quarter (4) of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, lying North of the South line, extended East 2 ., of the North 8 acres of the East Half G) of the Southeast Quarter (D of Section 22 aforesaid, all in Cook County, Illinois, a copy of which Plat of Subdivision of the subject tract is attached hereto and hereby made a part hereof as Exhibit A; and which subdivision shall not be resubdivided hereafter -- in accordance with the special use permit granted herein. SECTION TWO: That the planned unit development herein and above authorized and permitted shall be constructed pursuant to the terms set forth in an Annexation Agree- ment between Cosmopolitan National Bank of Chicago, as Trustee under Trust No. 5175, dated April 23, 1956; La Salle National Bank, as Trustee under Trust No. 51509 , dated October 6, 1976; and the Village of Mount Prospect, which Annexation Agreement, enter- ed into and executed 1977, is attached hereto and hereby made a part hereof as Exhibit B. 0 SECTION THREE: That the Director of Building and Zoning of the Village of Mount Prospect is hereby authorized to issue, upon proper application, such building permits as may be required for the said planned unit development, the construction of which shall be governed by the terms of the said Annexation Agreement, Article XXV of the Mount Prospect Zoning Ordinance, this Ordinance herein, and all other applicable ordi- nances of the Village of Mount Prospect. SECTION FOUR: That as each stage of development is completed and occupancy certifi- cates are issued for all of the residences in such stage, Paula Teller, or her assignees, will cause a Plat of Open Space Easement 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 cove- nant running with the land and shall be enforceable by the said Village of Mount Prospect. SECTION FIVE: That this Ordinance together with all its exhibits and plans shall be recorded in the Office of the Recorder of Deeds of Cook County, Illinois, upon completion of the planned unit development herein; and the Restrictive Covenants contained in Exhibit C hereto shall be recorded immediately upon the execution hereof and the passage and approval of this Ordinance. SECTION SIX.- That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law and the re- cording of the Restrictive Covenants which shall enure to and be for the benefit of the Village of Mount Prospect and which covenants are attached hereto as Exhibit C; said covenants guaranteeing among other things: (1) the development of the sub- ject property in accordance with the planned unit development here; (2) the continued maintenance and protection of all public open space and common open space within the said planned unit development; (3) the right of the Village of Mount Prospect to en- force said covenants by any appropriate action in law or in equity; and (4) the guar- antee of the Owner that common ownership or control shall extend to all portions of the planned unit development for a period of not less than eighteen (18) months follow- ing its completion, which common ownership or control shall extend to all common open space., landscaping, exterior maintenance, and all other exterior aspects of the develop- ment for a period of not less than twenty (20) years. NAYS: PASSED this day of 1977. APPROVED this day of 1977. ATTEST: Village Clerk so Village President RESTRICTIVE COVENANTS PAULA TELLER P 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: 1. PAULA TELLER will maintain control of the Planned Unit Development proposed on the property described as follows: The North 8 acres (except the West 210 feet thereof) of the East Half Q) of the Southeast Quarter (I-) of Section 22, Town - 2 4 ship 41 North, Range 11 East of the Third Principal Meridian,, together with the West 50.0 feet of that part of the Southwest Quarter (4) of Section 23, Township 41 North. Range 11 East of the Third Principal Meridian, lying North of the South line, extended East, of the North 8 acres of the East Half (1) of the 2 Southeast Quarter of Section 22 aforesaid, all in Cook County, Illinois, to guarantee development substantially in accordance with the Planned Unit Development Ordinance No. approved by the President and Board of Trustees of the Village of Mount Prospect on 1977, for a period of eighteen (18) months following completion of said Planned Unit Development. 2. PAULA TELLER does further covenant that for a period of twenty (20) years from the date of commencement of construction of said Planned Unit Develop- ment that she will, by contract (s), provide for adequate maintenance of all build- ing 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 of the said Planned Unit Development, less residential buildings, commercial buildings, parking areas and other paved areas. 3. That as final occupancy by residents occur as to each stage of development, PAULA TELLER will cause a Grant and accompanying Plat of Open Space Easement to be delivered to the Village of Mount Prospect for recordation I which, by said Plat, it is intended to permanently guarantee open space substan- tially, in accordance with said approved PICanned Un -Alt Development and any amend- ments 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 neriods-, of time set forth herein. Thereafter, said covenants shall be extended automatically for successive periods of ten (10) years unless by a vote of the majority of the said landowners of the said property it is agreed otherwise. 5. Nothing in 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. 6. By 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 parties hereto , or any of them, or their heirs or assigns shall violate or attempt to violate any of the covenants herein, it shall be lawful for the other parties hereto, including the Village of Mount Prospect, to prosecute any 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 doing or to recover damages or other dues for such violation. 8. These covenants shall be binding upon and inure to the benefit -2- of the parties; hereto, their successors and assigns. WHEREFORE,, the parties hereto have hereunto set their hands and seals this day of 5 1977. VILLAGE OF MOUNT PROSPECT, a municipal corporation of the County of Cook and State of Illinois 01 By,: Village President ATTEST. - Village Clerk Paula Teller In the Presence of: so ANNEXATION AGREEMENT WHEREAS , COSMOPOLITAN NATIONAL BANK OF CHICAGO, not personally but solely as Trustee under Trust No. 5175 , dated April 23, 1956, hereinafter re- ferred to as IlOwnerti, is the owner of certain real estate (the "Premises") legally described as follows: The North 8 acres (except the West 210 feet of the North 8 acres and except the West 25 feet of the East 50 feet of the North 8 acres) of the East Half (12) of the Southeast Quarter (D of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS , LA SALLE NATIONAL BANK, not personally but solely as Trustee under Trust No. 51509, dated October 6, 1976, has contracted to purchase the Pre- mises from Cosmopolitan, aforesaid; and WHEREAS, from and after the date that the Premises shall be acquired., La Salle shall constitute the "Owner" hereunder; and WHEREAS, the legal description of the Premises extended to the far side of the adjacent roadway is as follows.- i 1\ The North 8 acres (except the West 210 feet thereof) of the East Half (-1) of the Southeast Quarter (-1) of Section 22, Town - 21 4 ship 41 North, Range 11 East of the Third Principal Meridian, together with the West 50.0 feet of that part of the Southwest Quarter (4) of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, lying North of the South line, extended East, of the North 8 acres of the East Half (12) of the Southeast Quarter (4) of Section 22 aforesaid, all in Cook County, Illinois , hereinafter referred to as "the Subject Property". and WHEREAS, the Village of Mount Prospect, a municipal corporation organized under the laws of the State of Illinois, hereinafter referred to as "Village" , has the power to enter into an Annexation Agreement as set forth herein; and WHEREAS, the Owner has heretofore filed a petition to annex the Subject Pro- perty to the Village contingent on the provisions contained in this Agreement; and Y1'� 7 H_ER-E,:'AS, both parties believe it to be in the best interests of both the Village and the Owner that the Subject Property be annexed; and WHEREAS, it is beneficial to both the Owner and the Village that the project be constructed in accordance with the plan contained herein; NOW, THEREFORE, It is agreed by and between the Village and the Owner as follows: 1. That the Village shall annex the Subject Property. 2. That the Village shall pass such ordinances as will enable the construc- tion of the development as contemplated herein. A. That, in the manner required by law, the Village will classify the Subject Property. in the R-4 Residential Develop.,,-nent District. B . That the Village will approve a plat of subdivision presented by the Owner in the form and manner as shown upon the Plat of Subdivision at- tached hereto and hereby made a part hereof as Exhibit I (Subdivision Plat), which plat will subdivide the Subject Property into one (1) lot of record, for the purpose of allowing the Owner to construct or cause to be constructed thereon the planned unit development contemplated herein. 1) A certified copy of the text of the planned unit development ordinance approving the within referred to planned unit development shall be recorded by the Village and the Owner in the Office of the Recorder of Deeds of Cook County, Illinois. The recording of the afore- mentioned text will not include the recording of any exhibits, but will include the recording of all necessary covenants guaranteeing open space -- even though said covenants may appear on an exhibit con- tained herein and attached hereto. 2) Said recording shall be accomplished within ten (10) days of the passage of said ordinance. 3) Recording of the Site Plan, various plats of open space easement (per stage) , and other exhibits made a part of this Agreement shall be recorded by the Village and the Owner as the subject matter --2- shown and reflected upon the said exhibits is completed. Said exhibits shall be recorded as modified., if necessary, as a result of the conditions set forth under Paragraph No. 3 herein, or as a result of the conditions for field changes as set forth under Article XV of the Mount Prospect Zoning Ordinance, or as a result of modification of the planned unit de- velopment ordinance passed and approved for the development of the Subj ect property by subsequent agreement between the Owner and its J. assignees and the Village. 3. That the Owner shall cause the Subject Property to be improved in general conformance with the land uses and standards shown on ]Exhibit II (Site Plan) attached hereto and hereby made a part hereof., except as may be otherwise provided herein and as necessarily may be modified to solve engineering layout and design problems at the time of the execution of this Agreement. 4. That the Owner may cause the development to proceed in stages as set forth in Exhibit III (Stage Plan) , attached hereto and hereby made 'a part hereof. A. That the stages of development may proceed in any sequence as determined by the Owner with the understanding that water mains and access roads within any given stage shall have been constructed and in- stalled by the Owner , and approved by the Village and that the engineering for sewer mains and other public improvements for such stage, if any, have received final approval and subdivision bonds posted for same before the Village shall issue any building permits for buildings located within that given stage, Notwithstanding the foregoing, if the Owner's construction lender shall require the issuance of a building permit as a condition prece- dent to the disbursement of loan proceeds, the Village will, upon proper ap- plication of the Owner , issue a building permit for any given stage which requires that the water mains, access roads, sewer mains , and other public improvements within such stage shall have received final approval and sub- division bonds posted before construction above grade takes place. B . That for each stage, prior to the issuance of building permits, the Owner may vary the apartment mix of the proposed residential buildings as between one -bedroom and two-bedroom units -- in conformity with the -re- quirements of Article XXV of the Mount Prospect Zoning Ordinance and with the further understanding that in no instance will the total number of units proposed herein be increased beyond the one hundred fifl7j-five (155) dwell- ing units proposed. C . "Access Roads" , shall mean those private roads meeting the approval of the Mount Prospect Fire Department, which roads shall be in- stalled and maintained by the Owner during the construction of the project contemplated herein. 5. That the Owner, will execute such public and common open space ease- ments and covenants in such form as the Village Attorney may require, which desig- nate, with particularity, the land shown as open space on Exhibit II (Site Plan). 6. That any amendments or changes to building, housing, subdivision, or zoning ordinances during the term of this Agreement shall not apply to the Subject Property without the Owner's consent, and further, no interpretation of any such f ordinances will be made so as to prevent commencement of construction of the build- ings or the development of the planned unit development by the Owner or its assignees and completion of the same in accordance with the plans, provided that all plans meet the requirements of all applicable ordinances except as may be modified by thisAgree- ment. zz 7. That future amendments to the present Building and Zoning Codes of the Village in force as of this date, as well as the laws relating to and regulating the con- struction of this planned unit development, shall not apply to the Subject Property without the consent of the Owner; and that in any event, should stop orders have to be issued, such future amendments shall not be so interpreted that the Subject Property may not be constructed in general accordance with the planned unit development. How- ever, that if there are changes in said laws and the same are less restrictive in their application to other similarly situated property, then the Owner shall be entitled to the benefit of the change if it elects. 8. That the Village will not charge the Owner for building permit or other fees necessary for the construction of the planned unit development or portion thereof in an amount greater than those fees presently charged under existing ordinances on the date hereof. With respect to all other license fees, however, the Village will not charge the Owner or occupants of premises located within the planned unit development fees in an amount greater than those fees charged other licensees in the Village at that date. 9. That the Village will issue no stop orders directing work stoppage on building or parts of the project without detailing corrective action necessary to be taken by the Owner and setting forth the Section of the Village Code violated by the Owner and the Owner may forthwith proceed to correct such violations as may exist or take an appeal as set forth in the Village Code. 10. That the Village will issue certificates of occupancy within thirty (30) days of application or issue a letter of denial informing the Owner as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the said Code relied upon by the Village in its request for correction. Pro- v ided, however, that (i) completion of an entire cluster of buildings shall not be a condition precedent to the issuance of an occupancy permit for any individual building contained within said cluster where the Owner is otherwise entitled to an occupancy permit for said building, and (ii) completion of an entire building within a cluster shall -5- not be a condition precedent to the issuance of occupancy certificates for any finished floor, floors , or portions thereof not i -LI conflict with Section 21.218 of the Municipal Code of the Village of -Mount Prospect of 1957, as amended. 11. That the Village will require of the Owner a dry storm detention facility having a surface area not greater than .27 acres and a detention capacity not greater than .74 acre feet as shown upon Exhibit IV (On -Site Utility Plan) attached hereto and hereby made a part hereof, nor will it change or amend its public improvement ordinances as it affects the regulation and installation of public improvements on the Subject Property during the term of this Agreement. 12. That a water tap -on fee, charged per lot, shall be determined on the basis of four (4) lots per acre within the planned unit development, ii.e. , $100.00 per acre; and that a water tap -on fee payment shall be payable to the Village in ad- vance of any such tap -ons in an amount computed by multiplying the number of acres involved with such tap -ons by the sum of One Hundred and no/100 ($100.00) Dollars. 13. That the Owner will install and the Village will receive the ownership of certain on-site sewer and water mains, together with the necessary easements for ac- cess thereto and maintenance thereof, as required to serve the project and as set forth in said Exhibit IV (On -Site Utility Plan). The Village, however, shall have the right to require the oversizing of mains and facilities, if excess capacity is desired by it; provided , however, that the Village shall pay any additional cost for materials and labor made necessary as a result of said oversizing. However, with respect to all water mains , the term "over -sizing" shall mean a conduit of a size exceeding eight inches (811) in diameter, notwithstanding the sizes reflected upon Exhibit IV (On -Site Utility Plan) attached hereto. 14. That the Owner shall install and the Village shall receive the ownership of certain off-site water mains as required to serve the project upon the Subject Pro- perty and as set forth in Exhibit V (Off -Site Utility Plan) , attached hereto and hereby made a part hereof. The Village will be responsible for the engineering plans and -6- specifications for said mains. In the event the Village desires oversizing of the mains shown upon said Exhibit V (Off -Site Utility Plan), the Village shall pay ,any additional costs for material and labor made necessary as a result of said oversizing - However, with respect to all water mains, the term rover --sizing' shall mean a conduit of a size exceeding eight inches (8t?) in diameter, notwithstanding the sizes reflected . upon Ex- hibit V (Off -Site Utility Plan) attached hereto. 15. That the Owner will install, and the Village will permit to be installed, private roads as set forth in Exhibit II (Site Plan) hereof; the same to be maintained by the Owner or its successors In interest without expense to the Village. 16. That the Owner will provide a minimum of 1.65 parking spaces for each multi -family dwelling unit. All such parking spaces shall be of a minimum 9'x201. 17. That the Owner may mound dirt,, and the Village will permit same, along Busse Road, being of a design appropriate to the planned unit development as deter- mined by the Owner. A. Said mounding along Busse Road shall not exceed ten (101) feet in height from existing grade and shall not obstruct the view of traffic exiting I rem me -I, � '•.� B Mounding the other locations within the planned unit development A shall not be so restricted in height. 18. That., in order to safeguard the residents of the dwellings to be located upon the Subject Property, the Owner will install double or bolt locks on each apart- ment unit entrance door in the said buildings for protection against burglary. 0 19. That all Provisions,' conditions, and regulations set forth in this Agreement and the Exhibits to which it refers shall supercede all Village ordinances, codes, and regulations that are in conflict therewith as they may apply to the Subject Property. Where this Agreement is silent, the Village ordinances shall apply and control. --7- 20. That this Ag-reement shall be effective for a term of five (5) years from the date hereof and that, thereafter, all properties in the planned unit development shall become subject to Village ordinances. A . It shall bind heirs and successors and assigns, the Village, its cor- porate officials, successors in office, and be enforceable by order of court pur- suant to the provisions of the statutes made and provided. B . Nothing herein shall in any way prevent alienation or sale of the Subject Property or portion thereof except that said sale shall be subject to the provisions hereof and to the planned unit development ordinance of the Village of Mount Prospect andthe new owner shall be both benefited and bound by th! conditions and restrictions herein and therein expressed. 21. That, in the event any provisions of this Agreement shall be deemed invalid, then -the invalidity of said provision shall not affect the validity of any other provision hereof. The undersigned, The Cosmopolitan National Bank of Chicago, a national banking association, not personally but solely as Trustee under Trust Agreement dated April 23, 1956, and known as Trust No. 5175, and La Salle National Bank, a national banking association, not personally but solely as Trustee under Trust Agreement dated October 6, 1976, and known as Trust No. 51509, hereby join in the within and foregoing Annexation Agreement solely to bind and subject title to the within and foregoing real estate to the terms , provisions and conditions of said agreement. It is expressly understood and agreed by and between the parties here- to, anything herein to the contrary notwithstanding, that each and all of the warran- 'Lies, indemnities, representations , covenants, undertakings and agreements herein made on the part of the Trustees, while in form purporting to be the warranties indemnities, representations, covenants, undertakings and agreements of said Trustees are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,, representations, covenants, undertakings and agreements by the Trustees or for the purpose or with the intention of binding said Trustees personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this 'instrument is executed and delivered by said Trustees not in their own right, but solely in the exercise of the powers conferred upon them as such Trustees; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Trustees on account of this instrument or on account of IRM any warranty, indemnity p representation covenant, undertaking or agreement of the said Trustees in this instrument contained, either expressed or implied., all such I personal liability., if any , being expressly waived and released. IN WITNESS WHEREOF, the parties hereto have entered their hands and seals this day of 1977, the same being done after public hearing, notice, and statutory requirements having been fulfilled. Attest: Attest: OWNER: COSMOPOLITAN NATIONAL BANK OF CHICAGO As Trustee under Trust No. 5175 By 1-01 OWNER: LA SALLE NATIONAL BANK., as Trustee under Trust No. 51509 By: VILLAGE OF MOUNT PROSPECT, a municipal corporation Attest: Robert D. Teichert - Village President Donald W. Goodman - Village Clerk JOINDER OF BENEFICIARIES SAM KARS , sole beneficiary of Cosmopolitan National Bank of Chicago Trust No. 5175, hereby joins in the within and foregoing Annexation Agreement and con- sents to the provisions thereof. . ... . . . ... . Sam Kars BUSSE DEVELOPMENT COMPANY, an Illinois corporation., sole beneficiary of La Salle National Bank Trust No. 51509, hereby joins in the within and foregoing An- nexation Agreement and consents to the provisions thereof. Busse Development Company By: Richard Fanslow., President -9- ORDINANCE NO. J- .................... ............. WHEREAS , a written petition under oath signed by the owner 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, no electors reside within the said property to be annexed; 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 North 8 acres (except the West 210 feet thereof) of the East Half (1) of the Southeast Quarter (D of Section 22, Town- ship 41 North, Range 11 East of the Third Principal Meridian, together with the West 50.0 feet of that part of the Southwest Quarter (1) of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, lying North of the South line extended East, of the North 8 acres of the East Half (1) of the Southeast Quarter Q) of Section 22 aforesaid, all 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 38-S and Map 43-S contained in SECTION ONE of Ordi- nance No. 2410 , passed and approved March 20, 1973, be amended to reflect the extension of the corporate limits of the • of Mount Prospect to include the pro- perty hereinabove described and hereby annexed. SECTION THREE: That the Village Clerk of the Village of Mount Prospect is here- by directed 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. Qr"W00111 PASSED this day of , 1977. APPROVED this day of 1977. ATTEST: Village Clerk IM Village President 11 10 M A T T E R S I N C O M M I T T E E March 1 5 , 1977 BUILDING COMMITTEE ZB-39-Z-75 -- LORAS, INC. - CALLERO & CATINO - APT. COMPLEX 1-4-75 5-V-76 -- WILLIAM ROPPOLO - S.W. CORNER OF PROSPECT & CENTRAL 0-19-76 25-V-76 -- E WATER RATES -17-76 LICENSING OF MULTIPLE DWELLINGS 0-5-76 FLAGS & PENANTS - SIGN ORDINANCE VIOLATIONS 11-5-74) 2-1-77 FINANCE COMMITTEE A.TER BUILDING CO. REVENUE BOND PROPOSAL 7-1-75 LICENSING OF REAL ESTATE BROKERS & TRANSACTIONS 7-29-75 MOUNT PROSPECT HOUSING AGENCY 5-18-76 LIQUOR REQUEST - SCOREBOARD LOUNGE (CLASS A) 8-3-76 FIRE & POLICE COMMITTEE PUBLIC TRANSPORTATION SYSTEM WITHIN THE VILLAGE 5-15-7 CABLE TV FRANCHISING 6-5-75 KEEPING FOREST AVENUE A LIMITED ACCESS STREET 6-18-74 PRICING OF INDIVIDUAL FOOD PACKAGES 11-18-75 COMMUTER PARKING 6-1-76 BOXWOOD AREA OVERNITE PARKING 3-1-77 SECONDARY STREETS - CHANGE IN WIDTH 3-1-77 JUDICIARY COMMITTEE ROBERT GORDON, ESQ . CASE #76 L 4400 7-20-76 CONVERSION OF GAS LITES TO ELECTRIC (VILLAGE WIDE) 3-1-77 NORTHERN ILLINOIS GAS COMPANY 3-1-77 PUBLIC HEALTH & SAFETY COMMITTEE AMENDMENT TO TRASHC NT INER ORDINANCE 2-15-77 ROB ROY GOLF COURSE - LEAVE AS OPEN SPACE 3-1-77 PUBLIC WORKS COMMITTEE CONSIDERATION OF AMENDMENTS TO ZONING ORDINANCE 10-19-76 DEVELOPMENT OF OPEN SPACE NEAR CREEKS 3-1-77 IMPROVEMENT OF RAILROAD CROSSINGS - ADD 1 3-1-77 ROADWAY IMPROVEMENTS 3-1-77 PURCHASE SIMONSEN NURSERY PROPERTY FOR PARK & RETENTION BASIN 3-1-77 PLANNING ... - -- - COMMISSION 1, ZO ING LO G ND! !ROAD 12-2-69 SPECIAL ZONING DISTRICT DOWNTOWN (IND. & ECON. DEV.) 8-4-70 ZONING CLASSIFICATION STADIUM, ARENAS, ATHLETIC CLUBS & FIELDS, TENNIS COURTS, PRIVATE & SEMI -PRIVATE CLUBS 6-2-75 ANNUAL REVIEW OF VILLAGE COMPREHENSIVE PLAN OR PREPARATION OF COMMUNITY DEVELOPMENT PLAN ON ANNUAL BASIS. 1-21-75 SAFETY COMMISSION SUGGESTED ROAD 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 OF BUSSE ROAD & WILLOW LANE 11-18-75 DOWNTOWN LIGHTING 2-3-76 BOARD OF HEALTH DRAINAGE & CLEAN STREAMS COMMISSION MC,DONALD CREEK 4-22-75 COMMUNITY SERVICES & MENTAL HEALTH COMMISSION INTERIM PUTT"R BlAtANCED DISTRIBUTION --OF HOUSING 10-16-73 OPPORTUNITIES FOR NORTHEASTERN PREPARATION OF HOUSING ASSISTANCE PLAN ON ANNUAL BASIS 1-21-75 BOARD OF LOCAL IMPROVEMENTS VILLAGE MANAGER VILLAGE ATTORNEY �-T-REET LIGHTING SUBDIVISION REGULATIONS 1 -20-76 INDUSTRIAL WASTE ORDINANCE WITH ENGINEERS 2-5-72 BILLY ALTER PLATS OF DEDICATION - PUD 1-20-76 VILLAGE ENGINEER PROVEENTOF DEDICATED STREETS 5-19-70 POLICY REGARDING STREET LIGHTING 12-18-73 INDUSTRIAL WASTE ORDINANCE - WITH ATTORNEY 6-17-75 4 -WAY STOP INTERSECTION OF SEE-GWUN & SHABONEE 6-17-75 DOWNTOWN DEVELOPMENT & REDEVELOPMENT COMMISSION I-NED PARKING BEHIND VILLAGE HALL 2-3-76 SENIOR CITIZEN ADVISORY COUNCIL . .. ......... . ......... .. SENIOR CITIZEN CE NSER (WITH HE LTH DEPARTMENT) PERSONNEL DIRECTOR t'T E R I A FOR EVALUATING THE VILLAGE MANAGER 3-2-76 INSURANCE COMMISSION 2-1 -77 DEFERRED INCOME PLAN AN ORDINANCE AMENDING SECTION 23.103 OF THE MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT I COOK COUNTY, ILLINOIS: SECTION ONE: That , pursuant to the authority vested in the President and Board of Trustees of the Village of Mount Prospect under Article VII of the 1970 Constitu- tion of the State of Illinois, Section 23. 103 of Chapter 23 (Water' & Sewer) of the Municipal Code of Mount Prospect of 1957, as amended, be and the same is hereby further amended in its entirety by eliminating the necessity of a user to make a cash deposit with the Village Treasurer for water service; so that hereafter the said Section 23.103 shall be and read as follows: SECTION' 23.103. User., As utilized, in this Chapter, er j truser" is hereby defined as any of the following units to whichwater and sewer services are provided by the Village of Mou,nt Prospect. - A. Any single family residence; B Any single living unit located in any multi -family building , whether such building is a duplex residence, a townhouse, an apartment build- ing, a condominium building, a cooperative building, or any other re- sidential or combination use building; ' C. Any eleemosynary --institution; D Each commercial use occupancy; and E. Each industrial use occupancy,, SECTION TWO: That the Village Treasurer be and he is hereby directed to refund any cash deposit for water service heretofore posted by any given user, pursuant to the terms of the former Section 23.103 of the said Municipal Code, which refund shall be made to such user without interest. A. Such refund may, at the discretion of the Village Treasurer. be credited to the current account of any such user; or refunded by warrant drawn upon the Waterworks and Sewerage Fund of the Village of Mount Prospect. B Such refunds shall be accomplished during the regular course of business within the procedures determined by the Finance Director of the Village of Mount Prospect. SECTION THREE: That this Ordinance shall be in full force and effect from 12: 01 O'clock a. m. , April 1, 19 7 7 , and from and after its pass age , approval , and publication in the manner provided by law. AYES: PASSED this day of 1977. APPROVED this day of , 1977. ATTEST: Village Clerk 0 Village President