HomeMy WebLinkAbout2892_001IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
HARRIS TRUST AND SAVINGS
BANK, as Trustee under
Trust No. 37887,
Plaintiff,
V. NO.
VILLAGE OF MOUNT PROSPECT,
a municipal corporation,
Defendant.
MOTION FOR PRELIMINARY INJUNCTION
Now comes HARRIS TRUST AND SAVINGS BANK, as
Trustee under Trust No. 37887 ("Harris Trust"), Plaintiff
in the above entitled cause, by its attorneys, Rosenthal
and Schanfield, and moves this Court to enter a preliminary
injunction pursuant to Section 3 of Chapter 69, Illinois
Revised Statutes:
A. Restraining and enjoining the Village from
disallowing or--otherwise-interfering with the occupancy of
Building Nos. 30 and 31, being 1306 and 1308 Sir Galahad,
Mount Prospect, Illinois, respectively, pending the further
order of this Court;
B. Mandatorily enjoining the Village to inspect
Building Nos. 32 and 33, being 1310 and 1312 Sir Galahad,
Mount Prospect, Illinois, respectively, forthwith upon no-
tice of completion of said buildings, for compliance with
all standards except the standard, if any, relating to maxi-
mum depth of water mains and water service lines beneath
the finished grade, and provided that said inspection shows
Nu It: It more than one person is served by mail, additional proof of service maybe made on the reverse side.
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compliance with all of such standards, temporarily enjoin-
ing the Village from disallowing or otherwise interfering
with the occupancy of said buildings pending the further
order of this Court;
C. Temporarily enjoining the Village until the
trial of this cause and thereafter permanently enjoining
the Village from requiring any alteration of the depth of
the water main or water service lines in the project.
In support of this motion, a copy of the verified
Complaint is attached hereto and made a part hereof.
R
,OSENTRAL AND SCHANFIELD,
By
/Mark S. Li, ermd-n
Attorneys for Plaintiff
ROSENTHAL AND SCHANFIELD
55 East Monroe Street
Chicago, Illinois 60603
(312) 236-5622
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Terrance L. Burghard, Village Manager
FROM: B.H.R. Hemmeter, Village Engineer
DATE: October 1, 1979
SUBJECT: Karen's Subdivision
The Engineering Department has reviewed the engineering
plans for the above project that were prepared by George
B. Anderson &'Associates. The plans comply with the
village ordinances and have been approved by the Engineering,
Public Works and Code Enforcement Departments. I recommend
that the Village Board also approve the attached plans.
Respectfully submitted
B11R11/m
r/
cc: Director of Public Works
Code Enforcement Officer
Deputy Village Clerk
Director of Community Development
PROPOSED
SUBDIVISION
PROCLAMATION
WHEREAS, the children of Mount Prospect always anticipate the fun and
festivity associated with the age-old custom of Halloween "trick or treats"
by going from door to door in their immeidate neighborhoods, displaying
their costumes, and requesting "treats"; and
WHEREAS, the possibility of accidents is an ever-present threat and
motorists should be on the alert; and
WHEREAS, it would appear that parents generally favor the afternoon daylight
hours for "trick or treat" outings, since this period permits greater
visibility and tends to limit participation to younger children for whom the
observance was originally intended.
NOW, THEREFORE, 1, Carolyn H. Krause, Mayor of the Village of Mount Prospect,
do hereby proclaim that Halloween, Wednesday, October 31, 1979, shall also
be known as "TRICK OR TREAT DAY" in Mount Prospect. I do further ask both
children and their parents to cooperate in limiting the time of "trick or treat"
activities to the hours of 2: 00 P.M. until dusk. I also ask that young children
be accompanied by parents or other responsible adults. Finally, I urge the
cooperation of all citizens, young and old, in making this a happy and safe
occasion for children.
Mayor
Dated: October 16, 1979
P R 0 C L A M A T 1 0 N
WHEREAS, there are many million working women who constitute a
'large portion of the nation's working force, and who are
I i
Vconstantly striving to serve their communities, their states and
�their nation in civic and cultural programs; and
;WHEREAS, major goals of business and professional women are to
''help create better conditions for business women through the
:study of social, educational, economic and political problems;
kto help them be of greater service to their community; to
!further friendship with women throughout the world; and
;WHEREAS, all of us are proud of their leadership in these many
!fields of endeavor; and
'WHEREAS, we wish to pay tribute to the working women in the many
gprofessions not only in our Village but throughout the surrounding
areas;
iNOW, THEREFORE, 1, Carolyn H. Krause, Mayor of the Village of
Mount Prospect, Illinois, by the authority vested in me, do hereby
"proclaim October 21 through October 27, 1979 as NATIONAL BUSINESS
'AND PROFESSIONAL WOMEN'S WEEK, sponsored by the National Federation
of Business and Professional Women's Clubs, Inc. I urge all
citizens of Mount Prospect, all civic and fraternal groups, all
ieducational associations, all news media and other community
:organizations to join in this salute to working women, and
!especially the members of the MOUNT PROSPECT BUSINESS AND PRO-
iFESSIONAL WOMEN'S CLUB, by encouraging and promoting the celebration
!of the achievements of all business and professional women as they i
contribute daily to our economic, civic and cultural purposes.
Dated
rrk
Mayor
October 16, 1979
P�iOCLAIIATION
WHEREAS, the Chicago Crime Commission is sponsoring its 15th Annual
Chicagoland Law Enforcement Week during the week of November 4 - 10, 1979;
and
WHEREAS, the objective of the Chicagoland Law Enforcement Week is to
aid all citizens of this area in realizing everyone has a responsibility to
help in the fight against crime and lawlessness; and
WHEREAS, to this end we would encourage every individual citizen and
every appropriate community to support all effective law enforcement agencies
and personnel, resist all forms of vice, crime and lawlessness, and
understand and take a stand for still more effective local, state and national
policies and programs to fight the nation's rising tide of crime.
NOW, THEREFORE, 1, Carolyn 11. Krause, Mayor of the Village of
Mount Prospect, do hereby proclaim the week of November 4 - 10, 1979,
to be LAW ENFORCEMENT WEEK, and call upon all of the citizens of the
Village of Mount Prospect to join in its observance.
Mayor
Dated: October 16, 1979
ORDINANCE NO.
AN ORDINANCE
SECTa-ON,',3 01' THE SBUILDI-NG (X)Dli' O -F'
THE VILLAGE OF' MOUN'T PRC)SPECT
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have determined that It is necessai--°y for the health,
safety and welf,are of Village rr�sidents to require elevators in
all buildings of four 00 stories or more;
NOW, THEREFORE, BE IT ORDAINED 13Y THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPEC'.1', COOK COUNTY, ILLINOIS
AS FOLLOW0
S�E(,'TiON ONE: Section 21-103 of Article I of Chapter, 21. of the
.... . . . .......
Village o. Mount Prospect Municipal Code, be t1ae sante !.s hereby,
amended by adding thereto a new subsection 21 l 03B2h, so that
said Section 21.103B2h, shalI hereafter be and read as f'ollows:
315Z A QuildinE
CTJ�-LN 103F32h - Add now subsection gS
c or, ta'LrrinZ rour
A ryiiniinu,m of one (1) elevator shall be provided
to service all f."loors in buildings containing
four (4) stories or more.
SEM11ON TWO: This Ordinance shall be in nZA. foiwe and effect
after its passage, approval and publication Q the manner
provided by law.
Passed this day of - . , 1979.
AYES:
NAYS:
ABSENT:
Appmwed this 1979.
Attest:
___....____..........._www.._
Approved:
Village President.
El
Village c. Aount Prospect
NIOLInt Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Terry Burghard, Village Manager
FROM: Ken Fritz, Director of Community Development
SUBJECT: DRS. HUSSMAN REQUEST FOR VARIANCE FROM THE
NONCONFORMING USE SECTION OF THE ZONING ORDINANCE
FOR A GARAGE LOCATED AT 1421 WIGWAM TRAIL.
DATE: October 12, 1979
You asked that I send you a memo regarding 1421 Wigwam Trail
and its potential impact on other situationssomewhat similar
which involve requests for dedication of right-of-way in the
Village.
First, a brief chronology is required to set the stage for
the request by Drs. Hussman to seek relief from the Village
to rebuild their garage in the required front yard of their
property at 1421 Wigwam Trail.
1. Subject property was developed while under Cook
County building code jurisdiction.
2. Portions of the properties bounded by Lincoln on
the north, properties facing or being served by
Wigwam Trail on the south, Busse Road on the west,
and properties facing Ojibwa Trail on the east,
have at various stages within the last seven
years been either involuntarily or voluntarily
annexed to the Village.
3. Sanitary sewer was extended to the area and a
number of homes, including the subject property,
have not hooked up to the sanitary sewer at this
point in time.
4. Some five or more subdivisions have been approved
by the Village Board and all but one have been
properly recorded (the exception-Lubeck's).
5. The present right-of-way on Wigwam is 33' wide for
its entire length as a result of subdivision dedica-
tions. With the proper recordation of Lubeck's
Subdivision, Ojibwa Trail would have a 33' wide street
dedication, and would therefore be contiguous to the
ge two
I easterly edge of Wigwam Trail.
6. The Village made no stipulations in February 1976
when Hussman's property, together with Lots 5 and 6,
of Wilson's and Florence's Country Club Subdivision
were annexed to the Village.
7. In the winter of 1978, snow damage caused the
Hussman's garage, which is located in the required
front yard according to our ordinance, was severely
damaged by snow. Our ordinance requires that when
a structure is damaged 50% or more of its economic
value it must no longer be considered a legal non-
conforming use.
As was presented earlier, the staff has indicated the desire
to annex the two streets of Wigwan Trail and Ojibwa Trail in
an effort to provide emergency and maintenance service to this
areaThe.plat-of.survey_in our file on Hussman's property
-indicates -that-they-have provided for a 20' easement for a
private -roadway at-the,northern end --of their property. Were
this same 201 easement for private -roadway to be instead
-dedicated :foraublxc.:right-af-way.-, .the PublicWorksDepartment
would have -more than-sufficiefit right-of-way within which to
extend the present pavement easterly to join Ojibwa Trail.
Herb Weeks and I reviewed the site conditions earlier this
week. Herb suggested that he could relocate the small trees
and shrubs that would need to be moved where this street
could be extended to Ojibwa.
I
.,--In summary,__ the _primary__r_-oncexn__is.. that- of- allowing- more
,improvements to be connected(sanitary sewer hook-ups; for
,,example) and not -rectify the -dead-end street situation. At
the very_ least,_-&-ded1cation for a cul -de -sac. -turnaround on
-Wigwam Trail should -be provided for. It is my understanding
from Herb Weeks that the Village would extend the street to
Ojibwa at no cost to the homeowners.
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PROPERTY AT 1421 WIGWAM TRAIL
WHEREAS, Bank and Trust Company of Arlington Heights as Trustee under
Trust Number 185, dated June 16, 1970, and the beneficiary thereof, Julian Hussman,
(the Trustee and the beneficiaries thereof shall be referred to collectively as
"Petitioner") are the owners of a parcel of property located 1421 Wigwam Trail
in the Village of Mount Prospect, Cook County, State of Illinois (hereinafter referred
to as the "Subject Property"); and
The West 1251 of the East 3581 of the South 2531 of the
Northwest 1/4 of the North West 1/4 of the South West 1/4
of Section 11, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County. Illinois.
WHEREAS, the Subject Property is located in the R -X Single Family Residence
District under the provisions of the Zoning Ordinance of the Village of
Mount Prospect (hereinafter referred to as the "Zoning Ordinance"); and
the provisions of Section 14.107A4 of the Zoning Ordinance which prohibits a
IN W
Zoning Moaxic of eT.Wpeals of frie inage oi IUUUKY4,r�e-Wo",
pursuant to proper public notice published in the Mount Prosg2ct Herald on
August 7, 1979; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that with respect to the Petitioners' requested variation from
the provisions of Section 14.1074A of the Zoning Ordinance that Petitioner has
satisfied the standards for the grant of a variation set forth in Section 14.605
of Article VI of the Zoning Ordinance and find that it would be in the beat interel
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RIMINI
MUUWAU211111i� r: 111 11 ! 11 1 11 i I � � I , � 1, 11
MUM I T-Aex—MURRE A
of Section 14.1074A of the Zoning Ordinance which prohibits a non -conforming
structure from being continued if such a structure is destroyed or damaged by 50%
or more of its value to allow a non -conforming garage to be reconstructed on the
Subject Property in the location shown on the Site Plan for the Subject Property
which is attached hereto as Exhibit A and incorporated herein by this reference.
SECTION THREE: The variation granted to Petitioner is granted subject taw the
Petitioner's compliance with the. following conditions:
1. Petitioner shall within days of the date of this
Ordinance complete the construction of a sanitary sewer
line on the Subject Property and connect such sanitary
sewer line to the sanitary sewer system of the Village of
Mount Prospect in order to serve the Subject Property.
2, Petitioner shall within — days hereof execute an
Easement Agreement in substantially the same form as
Exhibit B hereto in order to dedicate an easement to the
Village of Mount Prospect in and along the Subject
Property to be used for utility purposes.
SECTION FOUR: Except for the variations granted herein, all other
applicable -Village of Mount Prospect ordinances shall remain in full force
and effect as to the Subject Property.
SECTION FIVE: The variation granted herein shall be subject to revocation
if Petitioner fails to comply with the condition on its grant set forth in
SECTION THREE herein.
SECTION SIX. This Ordinance shall be in full force and effect from and after
its passage, approval and publication in the manner provided by law.
PASSED this day of 1979.
AYES:
NAYS:
ABSENT:
APPROVED this day of 1979,
Village President
ATTEST:
Village Clerk
EASEMENT AGREEMENT
This Agreement made this _ day of '., 1979, by and between
the Village of Mount Prospect, and Illinois municipal corporation (hereinafter
called the "Village") and Bank and Truste Company of Arlington Heights as
Trustee under Truste No. 185, dated June 16, 1970, and the beneficiary
thereof, Julia Hussman (hereinafter said Trust and beneficiary shall be referred
to collectively as the "Grantor") .
WITNESSETH
WHEREAS, the Grantor is the owner of certain real estate situated in the
Village of Mount Prospect, County of Cook and State of Illinois, which is
commonly known as 1421 Wigwam Trail and which is legally described as
follows:
The West 1251 of the East 3581 of the South 2531 of the
North West 1/4 of the North West 1/4 of the South West 1/4
of Section 11, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois.
WHEREAS, the Grantor previously requested and the Village granted by
Ordinance No. a variation for the Subject Property to the Grantor's
grant of an easement to the Village for utility purposes; and
WHEREAS, the Village has asked Grantor for an easement in, along and
upon the Subject Property in the location shown on Exhibit A attached hereto
and incorporated herein by this reference; and
WHEREAS, Grantor has, pursuant to and in accordance with the provisions
of Ordinance No. --1 agreed to grant the Village the requested easement
subject to the provisions set forth hereinafter.
NOW, THEREFORE, in consideration of the foregoing, the parties hereto
mutually agree as follows:
1. Grantor hereby grants, conveys and dedicates to the Village,
or any authorized agent of the Village, a perpetual easement to construct,
reconstruct, use, operate, maintain . repair and control an easement for
utility purposes subject to the terms and conditions hereinafter set forth,
in, along, and upon the following described real estate (hereinafter referred
to as the "Easement Premises");
2. The Village agrees that the easement hereby granted shall be
limited exclusively to use for utilities and appurtenances thereto.
3. The Village agrees that it will indemnify and save and hold
the Grantor harmless from any and all claims, causes of action, suits,
damages or demands whatsoever in law and in equity which may arise out of,
or as a consequence of the negligence of the Village, or its authorized agents,
servants or employees, in constructing, reconstructing, maintaining, repairing,
and utilizing the Easement Premises for utility purposes,
4. All rights, title and privileges herein granted, including all
benefits and burdens, shall run with the lan,l end shall be binding upon air
inure to the benefit of the parta-.s xrctc, the�r re,peefivo heirs, exect,tors
administrators, successors, assigns, an"-' iegal repre 3=ntativ,- .
IN WITNESS WHEREOF, the parties hereto have caused this in
to be executed by their proper officers duly authorized to execute the
same.
Bank, and Trust Company, of.ArlingtonIleig�hts
As Trustee under Trust No, 1.85, datOd
June 16, 19M
Julia I-lussman, Sale Beneficiary of
Trust No. 185
SUBSCRIBED and SWORN to before
me this day
of 19M
Village of 3h1ount Prw.,,pect
Los
Village Clerk
Village President
STATE OF ILLINOIS
SS
COUNTY OF COOK
I, , a Notary Public
in and for the County and State aforesaid, do hereby certify that
and
respectively, the and
of Bank and Trust Company of
Arlington Heights, an Illinois Corporation, as Trustee under Trust No. 185
dated June 16, 1970, who are personally know to me to be the same persons
whose names are subscribed to the foregoing instrument as such officers of
said corporation, respectively, appeared before me this day in person and
acknowledged that they signed and delivered the said instrument as their
own free and voluntary act and as the free and volunatry act of said corporation
for the uses and purposes therein set forth, and the said
of said corporation thenand there acknowledged
that he, as custodian of the corporate seal of said corporation, did affix such
corporate seal to said instrument as his own free and voluntary act and as
the free and voluntary act of said corporation for the uses and purposes therein
set forth.
of Given under my -hand and notarial seal this day
, 1979.
Notary Public
(Seal)
10/8/79
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 17 OF THE
MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have
determined that it would be in the best interest of the residents of the Village to
reduce the license fee for passenger vehicles to Ten Dollars ($10.00) and for
motorcycles and other motor driven cycles to Seven Dollars ($7.00) .
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: Section 17.103A of Article I of Chapter 17 of the Municipal Code
of the Village of Mount Prospect be, and the same is hereby, amended by
deleting therefrom the amount $15.00 as it appears in said Section under the
column headed "Annual License Feel' and substituting therefor the amount $10.00
under said column in said Section so that said Section 17.103A shall hereafter
be and read as follows:
"A. First division vehicles, exlcuding motorcycles, motor
driven cycles and motor bicycles:
Annual
License
Class Ty2e of Vehicle Fee
W Passenger automobiles, including
ambulances and hearses $10.00
SECTION TWO: Section 17.103E of Article I of Chapter 17 of the Municipal Code
of the Village of Mount Prospect be, and the same is hereby, amended by deleting
therefrom the amount $10.00 as it appears in said Section under the column headed
"Annual License Feel" and substituting therefor the amount $7.00 under said column
in said Section so that said Section 17.103E shall hereafter be and read as follows:
11B. Motorcycles, motor driven cycles and motor bicycles:
Class
Furl
Annual
License
Fee
$7.00 "
SECTION THREE: This Ordinance shall be in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
PASSED this. day of 1979.
AYES:
NAYS:
ABSENT:
APPROVED this day of , 1979.
ATTEST:
Village Clerk
Village President
TO:
Mayor Krause and Board of Trustees
FROM:
Trustee Norma Murauskis, Chairperson
Fire and Police Committee
SUBJECT:
Regular Meeting, Fire and Police Committee, September 24, 1979
MINUTES:
By Lawrence A. Pairitz, Fire Chief, Adminstrative Liaison
to Fire and Police Committee
TIME:
8: 00 P.M., Trustees' Committee Room, Second Floor
100 South Emerson Street, Mount Prospect, Illinois
PRESENT:
Chairperson Murauskis
Staff: Ken Fritz, Fire Chief Lawrence A. Pairitz,
Police Chief Ralph Doney, Ben Hemmeter, Engineering
Visitors: Plan Commission Members: Lennart Lorenson,
Louis Velasco, Lynn Kloster, Hal Ross,
Cornelius Drinkwaard, Marie Caylor, Don Weibel,
Tom McGovern
ZBA: Ralph W. Arthur, Gil Basnik, Louis Brothers
BDDRC: Michael Tamillo,
The regular meeting of the Fire and Police Committee of September 24, 1979,
found only Chairperson Murauskis present. There being no quorum no regular
meeting was held. In view, however, of the attendance of numerous persons
representing board and commissions a meeting was held for purposes of
information exchange and input.
Community Development Director Fritz related the numerous problems anticipated
with the Development Code with particular emphasis on the review process.
In addition, he commented on the types of processes found in other communities.
Hal Ross questioned whether the 1976 ordinance is really bad. Suggested
perhaps some attempts should be made to use it in its present form and that
combined with staff review it might be workable. He also stated that the
Plan Commission rarely sees a concept plan.
Chairperson Murauskis initiated discussion on Section 16.1403 and pointed out
that there appeared to be discrepancies between the lot size requirement and
those found in the Zoning Ordinance.
Considerable discussion was centered around the requirements of Sections 16.201
Item B and 16.202.
Louis Velasco commented that between 201 and 202 he could not determine
anything that could be built without a subdivision plat. He also pointed out
that there appears to be a discrepancy between Sections 16.201 and 16,310.
Ken Fritz pointed out for the benefit of all present that the preamble to Article 3
9/?4 'inv
"I , ,
was developed in a community wboro the Plan Commission reviews zoning cases.
He also commented that from a plan sVindpoint, he would prefer to see a concept
plan on all development proposals. At this point, considerable discussion
occurred regarding the need for both .9 concept plan and preliminary plat
and it was pointed out to members of the audience that in many cases it would
appear that the preliminary plat would not be necessary especially if a
concept plan was submitted.
There seemed to be a consensus among those present that variations
(Section 16.206) are intended only where severe hardship other than financial
was present and that financial hardship alone should not be cause for a
variation. Additionally, it was pointed out in many cases the person
developing and/or owning the property has created a hardship due to the
manner in which the property was subdivided and/or developed.
Louie Velasco initiated discussion regarding the feasibility of the Plan
Commission being able to recommend variations to the Development Code.
There was a positive reaction to this subject with a notable exception that
public notice should be considered,
The review process was discussed at length and those present indicated
that when a proposed development is presented where there are no zoning
problems or variations required could be approved at the Plan Commission
level without further action by the Village Board. An appeal by the petitioner
of the staff and Plan Commission action would be directed to the Village
Board for final action.
The majority present indicated that they felt Village codes should be
followed with less variations granted.
Chairperson Murauskis initiated discussion on Cahpter 16.407, "Park and
School Sites". After considerable discussion, it was determined that both
the content and language in the Chapter be reviewed as some of the requirements
were excessive and some of the language unclear.
Hal Rnss suggested that Section 16.311, B5 should not be violated by anyone.
Mike Tamillo suggested that Section 16.415 be expanded to include landscaping
standards, and that vie require the seal of a Design Professional on all
landscaping proposals.
Staff members initiated discussion on the problems surrounding temporary
occupancy permits and the recommendations of staff was to correct problems
presently existing by requiring a cash escrow in an amount sufficient to
adequately cover improvements approved by the building plans.
Page Thre(
9/24/79 meet - g
In conclusion, it was determined that the group present desire that the staff
bring sound recommendations for the next Fire and Police Committee meeting
on the items discussed this evening. It was the desire of the group that the
staff immediately enforce the standards as set forth in the Development Code.
Further, that public notice is desired for Plan Commission meetings to be
paid for by the petitioner. Additionally, it was recommended that a copy
of monthly activity calendars be sent to members of all boards and commissions.
This informal meeting of the Fire and Police Committee was adjourned at 10: 30 P.M.
ORDINANCE NO.
AN ORDINANCE REGULATING THE CONVERSION
OF RENTAL BUILDINGS TO CONDOMINIUMS
WHEREAS, there are a substantial number of rental multiple family
dwellings which are available to convert to condominium units in
the Village of Mount Prospect; and
WHEREAS, there have been and continues to be in and around the
vicinity of the Village of Mount Prospect large numbers of rental
dwellings converted to condominium units; and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect find that it is in the best interest of the resi-
dents of residential multiple -family structures in the Village to
provide for notice to them of the conversion of their buildings in
order to allow such residents time within which to find alterna-
tive housing or to purchase a condominium unit; and
WHEREAS, the President and Board of Trustees find that it would be
in the best interest of existing and prospective residents of the
Village to require specified information to be disclosed by the
developer of a condominium project to prospective purchasers of
condominium units.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
AS FOLLOWS:
SECTION ONE: Chapter 24 of the Municipal Code of the Village of
Mount Prospect be, and the same is hereby, amended by adding
thereto a new Article XIII, which said new Article shall hereafter
be and read as follows:
ARTICLE XIII. CONDOMINIUM CONVERSIONS.
SECTION 24.1301. Purpose. There are a substantial number of
rental units within mul 'ElPle-family structures in the Village
of Mount Prosnect which are available for conversion to con-
dominiums. The President and Board of Trustees of the Vil-
lage of Mount Prospect therefore find that it would be in the
best interest of the residents of the Village to establish
regulations governing the conversion of such rental units
into condominiums to provide for adequate notice to the
tenants of such rental units of proposed conversion and to
require disclosure of specified information to prospective
purchase of such units being converted.
SECTION 24.1302. _Application.
A. The provisions of this Article shall apply to any
Property improved with any building of more than four
(4) dwelling units which is being converted to a con-
dominium.
T
- 2 -
B. Notwithstanding any provision to the contrary set forth
hereinafter, no developer shall be required to furnish or
distribute the Preliminary and Final Property ReDorts
required by this Article until forty-five days after the
effective date of this Article, provided, however, that
if the sale of any unit in a condominium project'is
scheduled to close and does close within forty-five days
after the effective date of this Article, a developer
shall not be required to provide a Preliminary or Final
Property Report to the prospective purchaser of any such
,unit.
SECTION 24.1303. . Definitions
:tl- As used in this Article,
0
2.
",lot" means the "Condominium Property Act," as amended
from time to time, of the State ;f Illinois.
"Declaration" or "Condominium Declaration" means the
instrument by which Property is submitted to the provi-
sions of the Act, and such Declaration as from time to
time amended.
3. "Parcel" means the lots of land, described in the Decla-
ration, submitted to the provisions of the Act.
"Property" means all the land, property and space com-
prising the Parcel, all imDrovemerts and structures
erected, constructed or contained therein or thereon,
including any bu_JLdinas and all easements, rights and
appurtenances belonging thereto, and all fixtures and
equipment intended for the mutual use, benefit cr,enjov-
ment of the Unit Owners, submitted to the provisions o:
the Act.
3. "Unit" or "Condominium -unit" means a nart of the
Property designed and intended for independent use.
"Convert" or "Conversion" means submitting Property pre-
viously occupied for rental or other purposes and owned
not as a condominium to the provisions of the Act, -
7. "Common Elements" means all portions of the Prooertv
except the Units, including Limited Common Elements
unless otherwise specified.
as "Person" means a natural individual, corporation, oart-
nership, trustee or other legal entity capable of holding
title to real property and any firm.
9. "r:nit Owner" means the person or persons whose estates or
:.nterescs, individually or collectively, aggregate ree
simple absolute ownership of a Unit. "Unit Owne-s'" shall
include an,i beneficiary of a trust, shareholder of a
corporation, partner of a partnership, whether 1--mitea,
-,r General, or participant in any venture holdJnq lecal
title to a Unit and trustees,
- 3 -
10. "Blanket Encumbrance" means a trust deed, mortgage, judg-
ment, or other lien or encumbrance including an option or
contract to sell or a trust agreement affecting the
Property including any lien or other encumbrance arising
as a result of the imposition of any tax assessment by a
public authority.
11. "Condominium Project" means the Property in which Con-
dominium Units are offered for sale.
12. "Plat means a Plat or Plats of survey of the Parcel and
of all Units in the Property submitted to the provisions
of the Act, which may consist of a three-dimensional
horizontal and vertical delineation of all such Units.
13. "Common Expenses" means the proposed or actual expenses
affecting the Property, including Reserves, if any, law-
fully assessed by the Board of Managers of the Unit
Owners' Association.
14. "Operating Expenses" means that portion of common
expenses used for current expenses of operating the
Property.
13. "Reserves" means those sums paid by Unit Owners which are
separately maintained by the Board of Managers for pur-
poses specified by the Board of Managers, the Declaration
or By -Laws for the Property and which are not budgeted
for operating expenses.
16. "Association" means the Association of all the Unit
Owners, acting pursuant to the By -Laws through its duly
elected Board of Managers.
17. "Purchaser" means any person or persons other than the
Developer who purchase a Unit in a bonafide transaction
for value.
18. "Propsective Purchaser" means any person who visits the
Property for the purpose of inspecting such Property for
possible purchase of a Condominium Unit or who requests
a Property Report.
19. "Developer" means any person who is a legal or equitable
owner of a Parcel of Property which is submitted to the
provisions of the Act and any and all successors of such
person's.interest in the Property except a Purchaser.
20. "Agent" means any person who represents or acts for or on
behalf of a developer in the Offering for Sale or sale of
Condominium Units.
21. "Limited Common Elements" means a portion of the Common
Elements so designated in the Declaration as being
reserved for the use of a certain Unit or Units to the
exclusion of other Units.
- I -
22. "Offer for Sale" means any inducement, solicitation,
advertisement, publication or announcement concerning
the availability of condominium units for purchase.
1 1
23. "Board of Managers" or "Board" means those owners elected
to administer the Property at the time and in the manner
provided by the Declaration for the Property and vested
with the rights, titles, powers, privileges, trusts,
duties and obligations imposed by -:he Act, Declaration
and By -Laws and, until such persons are or must be
elected, shall mean the Developer as herein defined.
24. "By -Laws" means those certain by-laws governing the
administration of the Property and such amendments as may
be made from time to time.
SECTION 24.1304. Preliminary PropertZ Re ort. it s4hall be
unlawful for any etre aper or its agent to offer for sale any
condominium unit in a building containing more than four
dwelling units without first having prepared and having
available for distribution to prospective pur=hasers, a pre-
liminary property report containing the following information
with regard to the property being converted:
1. Name and address of and number of units in the condo
minium project;
2. Name, address and telephone number -of the developer of
,the condominium project=
1
3. The sales price of each unit in the condominium project;
4. An estimate of the real estate taxes for each unit basedl
upon the sales price established for each such urit a.r,,d
computed at the rate of the previous year's real estate
taxes as equalized for single-family dwellings;
3. A statement of the estimated common expenses for the
condominium project for the year following the d -=--e of
closing the first sale of a condominium unit in the
condominium project with each item of expense separately
listed. Such list shall include but not be limi-ed to
any 7,f the following izems included as common expenses:
a. All utilities including, fuel for heat and hot water,
electricity and water and sewer;
b. Scavenger service;
C. Janitorial and other maintenance services;
d. Supplies;
e. Security services;
z .
-4a ' in =nance and operation o` recreational
-
a. 7.nsurance;
- 3 -
h. Elevator maintenance;
i. Repairs;
j. Sidewalk and street maintenance;
k. Management services such as management agents,
lawyers, accountants and bookkeepers and the like;
I. Reserves. if no Proivision for reserves is included
in the estimated common expenses, the following
statement in type size and style equal to at least
10 point bold type shall be set forth:
NO RESER17E FOR POSSIBLE FUTURE COSTS IS INCLUDED IN
THE ESTIMATED COMMON EXPENSES. IT MAY, THEREFORE, BE
NECESSARY FOR UNIT OWNERS TO PAY A SPECIAL ASSESSMENT
TO PAY FOR SUCH COSTS IF THEY OCCUR.
6. An estimate Of the monthly assessment for each unit with
each item included within such monthly assessment
separately itemized;
7. If the purchase of all or any of the condominiun units is
to be financed by the developer or if financing has been
arranged by the developer, a statement indicating:
a. The name, address and telephone number of the person
Providing such financing;
b. The interest rate to be charged;
C. The downpayment which will be required;
d. The length of the mortgages being offered;
e. The service charge (points) which will be charged;
f. Any other fees which will be charged for considering
an application for a mortgage or providing financing
including, but not limited to, application fees and
appraisal charges;
8. The estimated monthly payment for each condominium unit
for -mortgage and interest payments and real estate taxes,
with the mortgage and interest payment estimated on the
bases of prevailing mortgage rates at the prevailing
length of mortgages being offered by financial institu-
tions in the community;
9. A description of the personal property included within the
sales prices established for the condominium unit, which
description shall include the brand name, approximate age
and condition of each such it -em of personal property;
10. A statement indicating what, if any, assessments, fees c --
charges may he separately charged :o a unit owner for
maintenance of the condom-iniur. project
Ject or fcr amreni�:�es
therewith including,
provided in connection therewiz' but not
limited to, pools, a -01-f courses and tennis courts;
A
!I. A statement setting forth the metncd and timing of'trans-
fer of control, of the condominium project to the Board of
Managers from the Developer and the rights retained by
the Developer thereafter, if any,
12. A preliminary draft of the Condominium DeclarationL
13. A report by a registered architec-� or engineer irdicat-I.-IC
the age and condition of the plumbing, heating, A-.ir con-
ditioning, water ,),-.,;Des and water heating systems of the
ccndominiur, project as well a,s elevator.;, T1; antennas anc.
any other common elements of the condominium project.
This report shall also specify all types of fuel which
are used, state the purposes for --ts use and indicate the
-ame and address of the supplier of such fuel.
14.
A description of provisions made by the developer �`' ,_-
pets, if any;
15. A description of any and all contracts including,' but n(�
limited to, management contracts, insurance policies,
contracts for the provision of laundry facilities and any
other contracts for services, which relate in any way to
the premises of the condominium project, which d;scriDtion
shall include the names and addresses of the parties to
such contract, the date such contract expires, the purpose
for such contract, the cost or payment for such contract
or the services provided pursuant to it; and provisions
for Any such
renewal of such contract. contracts shall
be made available for inspection by prospective pu---
chasers on the premises of the condominium pro- ' The
ect.
developer shall also include a statement indicatina what
interests, if an -1, the developer or anv other corporation,
partnership or firn which developer tas an interesn, has
in such contracts and the nature and ex--ent of such
interest.
1.6 statement indica-Ing whether there are any restrictions
on the purchase or sale of condominium units inc_".dinq, a
statement whether condominium units may be purchased by
investors for rental purposes or by businesses fo:r s e 1-7
persons it authorizes;
1). A
statement indicatinc. the use Permitted i.Cr condominium
units by anolicable zoninc, reaulaticns ofthe Viilaqa 0Z
Mount Prospect and the Declaration and 3y -Laws for the
condominium project,
p
19. A statement indicating what, if any, warranties a
the ccnlicminiur, cor.,,,-,on 21ements a.nd Dersonal
property of the concromi i
inium project;
:cr
cop-! of th�� feal estat_,� sales contract -,,. the purch;--,se
unit;
- 7 -
20. A statement indicating what, if any, improvements or
repairs the developer intends to make in the premises of
the condominium project, the projected date of the com-
pletion each such improvement or repair and a statement
setting forth the consequences to a purchaser if the
developer fails to complete such repairs or improvements
altogether or by the dates specified.
21. The following statement in a type size and style equal to
to at least 10 point bold type:
THE INFORMATION CONTAINED IN THIS PRELIMINARY PROPERTY
REPORT IS PROVIDED TO YOU PURSUANT TO THE PROVISION OF
ARTICLE XIII OF THE MUNICIPAL CODE OF THE VILLAGE OF
MOUNT PROSPECT. SAID ARTICLE XIII OF THE MUNICIPAL CODE
OF THE VILLAGE OF MOUNT PROSPECT ALSO REQUIRES THAT A
FINAL PROPERTY REPORT WITH RESPECT TO THIS CONDOMINIUM
PROJECT BE PROVIDED TO YOU NO LATER THAN FORTY-FIVE (45)
DAYS PRIOR TO THE DATE OF CLOSING YOUR PURCHASE OF A
CONDOMINIUM UNIT.
SECTION 24.1305. Final Property Report. No later than forty-
fzve days prior to the -date _o sing the sale of a
condominium unit, the developer shall provide a prospective pu-
chaser with a Final Property Report containing the following.
information:
1. The Condominium Declaration;
2. A Plat for the condominium project;
3. The articles of incorporation or charter of the Associa-
tion, if any, and the By -Laws and any other regulations
of the Association;
4. A statement indicating the share of ownership of the com-
mcn elements for each condominium unit;
5. A description of any property or facilities located on
the site where the condominium project is located but
which is not a part of the Property, and a statement
indicating the nature of such property or facility, its
location and the ownership thereof;
6. A description of any recreational facilities which are a
part of the condominium project and the projected comple-
tion date for each such recreational -facility not com-
pleted;
7. A site plan, drawn to scale, for the premises of the
condominium project showing at least the -following:
a. The location of any and all buildings with an indica-
tion of the type of use of each such building;
b. The location of any and all recreational facilities
and an indication of the type of recreational
facility;
- 3 -
C. The location of sidewalks, walkways and streets both
on the premises of the condominium project and
bordering it;
d. The location of parking areas and garaces:
S. A statement indicating the names and addresses of the
a. Any person with a blanket encumbrance on the condo-
minium project;
b. Any other lenders who have loaned funds to
finance all or any portion of the condominium
project;
9. A statement indicating the nature and extent of aliy
protection of a prospective purchaser if the developer
defaults on a blanket encumbrance.,;
10. A statement of any litigation which would affect the
condominium project or the developer's ability to
convey clear title;
11. A statement with regard to the condition of the title
to the premises of the condominium project including,
but not limited to, the following;
a. The ownership of the premises of the candamin-iL=
project;
b. Restrictions on the use or transfer of the prd-'
mises of the condominium project and any othei
restrictions, if any;
12. A title re -port;
13. The documents to be used in the sale and purchase of
condominium units, including, but not limited to, �tbe
following:
a. Deed or Deeds of conveyance;
b. Bill of sale;
C. Deed of trust, if applicable;
d. Mortgage and promissory note if financing is
through the developer of such documents are other-
wise available to the developer;
14. The names and addresses of the attorney, architect,
engineer and contractcr for the condominium project;
13. A ran showing the existing zoning of parcels of pr 1 0-
perty contiguous to the Property ccncom_-niir, pro -e�ct,
-6. A last --f a'! state, county and municipal agencies
pro,_'d 4 rg health and building code inspections, law
anforcemcnt, traffic patrols, -fire protection and
ambulanc2 service, rodd repair, snow removal and
s:,nar serii-nes e:.--.-er for the ccndcmini-= project
or on :"e s7feets adjacert to the Proper y;
L 7 . Location and type of schools which serve the area in
which the condominium Project is located;
18. A brief statement indicating parking restrictions, if any,
which apply to streets which are on the premises of the
condominium project and on streets which border the con-
dominium project and scavenger and water and sewer service
which will be provided to the condominium project;
19. A statement setting forth the costs, if any, incurred in
each year three years prior to the date of conversion of
the condominium project for snow removal, projected snow
removal costs for each year two years after the date of
conversion and a plan showing areas of the condominium
project from which snow is proposed to be removed;
20. If the earnest money of a Prospective purchase is not
placed in escrow pending closing and is available for use
by the developer, a statement indicatina the nature and
extent of the protection to be afforded to such prospec-
tive purchaser for such earnest money if the developer
shall have furnished to such prospective purchaser, a
non -cancellable bond executed by a surety company
authorized to do business in the State of Illinois,
indemnifying the prospective purchaser against the loss
of such earnest money except in the event of a default by
the prospective purchaser;
21. Copies of any leases of real or personal property
applicable to the condominium project of more than one
year duration;
22. If it is proposed that the condominium project is to be
managed by a management agent, a statement containing the
following information:
a. The name and address of the management company to be
used;
b. A contract, if any, for the management services to be
provided;
C. Unless otherwise set forth in the contract for manaae-
nent services, a statement indicating:
(1) the management services to be provided;
(2) the term for such management services;
(3) the charges for such management services and the
conditions, if any, under which they may be
increased;
(4) the conditions under which the agreement for
management services may be terminated;
(3) the relationship, if any, between the developer
and management company;
0
2 3
?.4
)5
26.
- to -
A statement indicating what, if any, impact there would
be on estimated monthly assessments for common expenses
if all of the condominium units were not sold;
A repert by a licensed architect or engineer who is not
an employee of the developer setting forth such archi-
tect's or engineer's opinion with respect to the condi-
tion, useful life and age of the roof, foundation,
external and supporting walls, structural elements and
mechanical, electrical and plumbing systems of any
building which is a part of the condominium project;
A statement indicating whether the village of Mount
Prospect has notified the developer of any building code
violations of the condominium project and if so, a 1'st
of such building code violations and the date when such
building code violations were or will be corrected.,
The following statement shall appear in a type size ana
style equal to at least 10 point bold type:
ARTICLE XIII OF THE MLVIC12AL CODE OF THE VILLAGE OF
MOUNT PROSPECT PROS13ITS ANY PERSON FROM REPRESENTING
THAT THE VILLAGE OF MOUNT PROSPECT HAS CONSIDERED THE
MERITS OF OR APPROVED THE CONVERSION OF THE PROPERTY TO
ConDOMINiulls.
THE STATEMENTS, DOCJi-1ENTS, REPRESENTATIONS AND ANY OTHER
PROVISION CONTAINED IN THE PRELIMINARY AND FINAL PROPERTY
REPORTS MUST BE SWORN TO BE TRUE AND CORRECT BY THE
DEVELOPER.
SECTION 24.1306. Execution of Property Reports. The Prelimi-
nary ancl Final Property Reocrts req iced by ti2is Article shall -
be signed and attested and sworn to be true and correct by
each developer of the condominium pro4ect.
SECTION' 24.1307. Transfer of Contrcl- The developer shall
transfer ccnt,=,,1 or tne Ag*Fc`cjstj_c_at_o the owners elected tc
the Board of Managers as provided in the condominium Declara-
tion as provided in the Act, whichever occ,,ars earlier.
SECTION 24.13.08. Payment for common Expenses Exceedi.n.5
Estimate. The developer shall p7and.=111 amounts by
which the first year's comanor, expenses for the condcminiur,
development, excluding amounts for reserves, exceed by twenty
percent (20%) the estimated common expenses set forth in 'the
Preliminary Property Report for the condominium project for
those items included within said estimate; provided, however,
-, e
th
f
developer shall not be required to pa, 7 such amounts if
increased coTanon exenses are due to increases in the cost of
fuel, useace of -fuel or services which exceed the amount upon
which said estimate was based, inflation and any -_,nforseen
old
c
circumstances including, but nct limited to, unus,,�al_'
weather and koavy snows which increase, respecti-7elY,
expenses f= and snow f2rcval.
SECTION 24,1309. Notice of Intent to Convert. The developer
shall --- servewrit en H tice &fintent to submit the Property
to the provisions of the Act, by personal service or by
registered or certified mail, return receipt requested, to any
and all tenants of the Property at least 120 days but no more
than one year prior to such submission. Such notice shall be
accompanied by a copy of the Preliminary Property Report for
the condominium property.
SECTION 24.1310. Rights of Tenants.
A. Any tenant who was a tenant as of the date of the notice
of intent and whose tenancy expires, other than for
cause, prior to the expiration of 120 days from the date
on which a copy of the notice of intent was given to the
tenant shall have the right to extend his tenancy on the
same rental until the expiration of such 120 day period
by the giving of written notice thereof to the developer
within 30 days of the date upon which a copy of the
notice of intent was given to the tenant by the developer.
B. Each lessee in a conversion condominium shall be informed
by the developer at the time the notice of intent is
given whether his tenancy will be renewed or terminated
upon its expiration. If the tenancy is to be renewed,
the tenant shall be informed of all charges, rental or
otherwise, in connection with the new tenancy and the
length of the term of occupancy proposed in conjunction
therewith.
C. For a period of 120 days -following his receipt of the
notice of intent, any tenant who was a tenant on the date
the notice of intent was given shall be given the right
to purchase his unit on substantially the same terms and
conditions as set forth in a duly executed contract to
purchase the unit, which contract shall conspicuously
disclose the existence of, and shall be subject to, the
right of first refusal. The tenant may exercise the
right of first refusal by giving notice thereof to the
developer prior to the expiration of 30 days from the
giving of notice by the developer to the tenant of the
execution of the contract to purchase the unit.
D. Prior to their initial sale, units offered for sale in a
conversion condominium and occupied by a tenant at the
time of the offer shall be shown to prospective purchasers
only a reasonable number of times and at appropriate
hours. Units may only be shown to prospective purchasers
daring the last 90 days of any expiring tenancy.
SECTION 241-1310. Filing of Property Report. One ccQy of the
Preliminary and Fina. Property Reports stiail be filed with
the Director of Community Development at the times specified,
respectively in Section 24.1304 and Section 24.1305.
SECTION 24.1311. Insrecticns and Fees
A. The condominium property, including each condominium
shall he inspected by the Village of Mount Prospect
compliance with applicable Village ordinances. The
developer shall arrange a date and time for such ins
tion with the Director of Community Development at t
time the Preliminary Property Repor-_ is filed. Such
inspection shall be scheduled for no later than nine
(90) days orior to the submission of the Property tc
Act.
unit,
Eor
the
B. The fees for inspection of the condominium project and
for other services of the Village in connection with the
condominium project shall be as follows:
A- nonrefundable fee of $100.00 for each ten condo-
minium units or less which are a part of the coftdc-
minium project to be paid to the Village on the 'date
the Preliminary Property Report is filed with the
Director of Community Development,
2. A ten dollar ($10,00) fee for the inspection of ;each
condominium unit.
SECTION 24.1312. Penalties for Violation.
The following penalties shall apply to any person con-
victed of a violation of this Article:
1. A fine of not less than Three Hundred Dollars
($300.00) nor more than Five Hundred Dollars
($500.00) for a first offense;
2. A fine of not less than Five Hundred Dollars
($500.00) and not more than Seven Hundred Dollars
($700.00) fcr the second and each subsequent offense
within a 180 day period following the first offense.
any offense in excess of three committed within
130 day period may also be punishable by incarceration
for a term not to exceed six months under the provi-
sions of Section 1-2-1.1 of the Illinois Munici-.jal
Code,.Ill. Rev. Stat., 1977, ch. 24 §1-2-1.1.
3. For purposes of this Article, eac- day a violation of
this Article exists shall be considered a separate offense
SECTION TWO: This ordinance shall be in full force and effe
ant aF=its passage, approval and publication in the manne
vided by law.
Passed this day of —
AYES.
NAYS;
1-'_BSENT:
Approved this _'_ (--fav _)_'
Attest:
4
ZrO7
pro-
TO:
FROM:
SUBJECT:
MINUTES:
t7lbll
PRESENT:
VILLAGE OF MOUNT PROSPECT
COMMITTEE REPORT
MAYOR AND BOARD OF TRUSTEES
TRUSTEE THEODORE J. WATTENBERG, CHAIRMAN, PUBLIC HEALTH & SAFETY COMMITTEE
PUBLIC HEALTH & SAFETY COMMITTEE MEETING 9/27/79
BY R. J. DONEY, CHIEF OF POLICE, DEPARTMENT LIAISON REPRESENTATIVE TO
PUBLIC HEALTH & SAFETY COMMITTEE
8:00 P.M., TRUSTEES COMMITTEE ROOM, 2nd FLOOR, 100 SOUTH EMERSON STREET,
MOUNT PROSPECT, ILLINOIS
CHAIRMAN WATTENBERG, TRUSTEE GERALD FARLEY, TRUSTEE NORMA J. MURAUSKIS
n T 11 LP 1]tl--L .
CHIEF R. J. DONEY, JOHN SAUTER, TRAFFIC/ENGINEERING, MEL BOTH, PUBLIC WORKS
VISITORS PRESENT:
( Butch McGuires )
Norwin J. Eisenman
George Liecles
Mr. & Mrs. Klingaman
Mr. & Mrs. Mueller
David Hasler
600 Windsor Drive
401 E. Highland
521 N. Elm
520 N. Elm
402 E. Highland
( Pine Street )
Mrs. Hesford 405 S. Pine
Mrs. Irene Walsh 401 S. Elmhurst
ELM & HIGHLAND 6/5/79
A lengthy discussion ensued over the parking situation created by the overflow crowd
patrons of Butch McGuires Pub in the area of Highland Avenue both West of Rand Road
and those immediate streets. Several citizens expressed their concern regarding this
issue and the majority stressed the fact that they wanted the Village to do something
to relieve their burden. After hearing the testimony of five citizens in attendance,
the Committee voted 3-0 to recommend to the full Board the initiation of an ordinance
to restrict the parking on the following streets:
I
PUBLIC HEALTH & SAFETY COMMITTEE MINUTES 9/27/79 2.
xinh\"na
Rand to m=in
Highland
Rand to Eastman
Elm
Highland to
Gregory
Maple
Highland to
Gregory
Emerson
xYeh|anu to
Gregory
Memory
Elm to main
Windsor
Highland to
Garwood
Wilshire
Highland to
Garwood
Garwood
Windsor to Wilshire
Enforcement of the parking will be between the hours of |o:on P.M. to 6:00 A.M.,
se"en days a week. (sec attached memorandum from the Mount Prospect Safety
Commission)
In adaiti(n, approximately one -hundred -and -fifty notifications were hand delivered
to residents that would be effected by this prohibited parking prior to the meeting.
PINE STREET FOUR L4) HOUR PARKI.�G_2�31/79
scveral--zens in attendance expressed their concern with the commuter parking In
this area |which has resulted in a safety hazard and has in many instances left those
-
crtizen with blocked ariveways. John Sauter, Traffic Technician conducted a survey
of residents in the arca prior to the meeting (sec attachment). After reviewing
comments from citizens, the committee agreed to recommend to the full Board that
Pine Street from Lincoln to sxabnnc* be made a four (4) hour zone.
SNOW REMOVAL AND TOWING ORDINANCE 4/17/79
Chief onn�v presented a draft -copy of the Snow Removal and Towing ordinance as prepared
~
by Ross, Hardies s Associates. | reviewino me ordinance some legal questions arose
n
along with some possible changes that should be made in the ordinance as follows:
a. Whether this should he a new article xx| a, currently the snow violation
ordinance is 18:1314 after 2" of snow.
». A possible fine provision should be added /8.2102' when persnns, firms, or
corporations push snow onto the public right-of-way.
Legal opinions will be researched by the starr' and ,heir findings will be brought be-
fore the next regular meeting of the Public Health o Safety Committee in October.
BICYCLE SAFETY FOR COMMUTERS 9/27/79
from the Illinois Department o�
Awaiting -— the possibility improvementsTransporilation (IDOT) for expansion and in our current Bicycle Route.
AMENDMENT �
Awaiting / review of rough draft ordinance in preparatory stages by Legal counsel coverinv
proposed changes, deletions and additions in "ur current Ordinance.
�
PUBLIC HEALTH & SAFETY COMMITTEE MINUTES 9/27/79 3,
FIRE DEPARTMENT PARAMEDIC SERVICES 7/26/79
Tabled for future discussion concerning possibility of monetary charges for
patient transfer and outcome of Northwest Community Hospital's Public Information
Program.
IRMA (Loss Prevention Action ) 9/27/79
The Committee has been informed to date on the current status of Mount Prospect's
Loss Prevention Program and the institution by Staff of a Safety Committee. Chief
Donov informed the Committee that Mr. Edward Ge|ck` the Safety Coordinator for the
Village will continually update the Public Health o Safety Committee as to the steps
being taken by the Safety Committee.
NEW
Chairman Wattenberg requested information concerning our Cannabis (,mal} amounts
of marijuana) and Vandalism Ordinances and their subsequent impact on the community
since their passing. Chief Dnnev submitted a written report to the Committee
regarding these items. The Committee was pleased with the results and gratified
for the opportunity to research the findings. ( see attachment )
Committee Member nurauxk|ssvoke on the issue of traffic ordinances and voiced her
objections as to why traffic code amendments were not being brought to the attention
of the Public Health a Safety Committee. Committee Member Murauskis stated that
she believed that traffic code changes and amendments should be brought before the
Committee as they are necessitated or required. Committee Member Mwrauskis pointed
out that main sign changes and installations have been made without being brought
before the Public Health o Safety Committee for review or being passed into ordinance.
It is realized, of course, that the Village Manager due to certain emergencies does
have the power to initiate these changes, however, some concern /s expressed as to
the legality of the issue. Committee Member Farley suggested that for the future
all ,|on changes and installations that are packaged for passage be submitted to
the public Health o Safety Committee for review and study a, an on-going program
.in order for the Committee to familiarize themselves with the problems at hand,
and subsequently report their findings, recommendations and suggestions to the full
Board as a package. The Committee favored this recommendation.
ADJOURNMENT
/
/nevowns J~m�rtcnoero ^
Chairman
Villiage L., Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: Terry Burghard, Village Manager 10
FROM: Ken Fritz, Director of Community Development
SUBJECT: MATTHIES' REQUEST TO RESUBDIVIDE THE
KENSINGTON CREEK SUBDIVISION PLAT.
DATE: October 12, 1979
Mr. Matthies has submitted a plat of resubdivision for
property in which he has an ownership interest located
at the northwest corner of Kensington and River Roads,
containing some 4.79 acres.
The purpose of the resubdivision of the Kensington Creek
subdivision (Matthies Resubdivision) is to enlarge Lot 2
by extending its frontage along Kensington Road by 35 feet.
The purpose of this enlargement of Lot 2 is to provide for
additional off-street parking for a 3 -story office building
to be located at the extreme corner of Kensington and River
Roads. The Village Engineer and the Plan Commission have
reviewed and recommended approval of the resubdivision.
The matter of additional research on Mr. Matthies' request
for rezoning and variation on this subject site has not
been completed but will be available on Monday for distribution,
KHF/ljm
Y
Co oolt c"(11111fil
'IK - E-1 ELM AN*DHLAW
,SID -A-1 PROSPECT STREETSNORTHEAST R31B
MEADOWS WATER SECTION
SERVICE IMPROVEMENT
NORTHWEST
SECTION
TRA
-a-C DE MR.SERMIRVICEONKA-
PUBLICATIONS
7X7A-2 1421 1P
M -G KARERc
SUBDIVISION
goo
a
I ji ZJA-
A
A MA HIES
PLAT OF
SUBDIVISION
C MAISEL
EDIT MART AGREE -
2m"
MENT
�--'�-B DAVID MANN PROPOSED
SOUTH CHURCH PARKING LOT
SOUTHEAST
SECTION
M -E-2 PINE STREET
4HOUR PARKING
M -ASS -3 ING MAPLE STREET
CRO
t ZIIH HAWTHORNE APARMENTS
SEWER AND EASEMENT
XgA�C4ZB A
g5l-V-79
A OY RD.
ZBA-52-V-79
700 E RAND RD,
X -A-6 ZBA-53-V-79
714 CHRIS LANE
13
Requiring the installation of elevators in buildings in excess of 3 stories 4/4/79
FINANCE COMMITTEE - Trustee Miller, Chairman
Busse Water Main
CHARGES BY THE VILLAGE BOARD TO
Business License Fees
5/1/79
_0MMITTEES, COMMISSIONS AND INDIVIDUALS
5/1/79
Feasibility of increasing liquor license fees
October 16, 1979
Streamlining the Committee System
BUILDING COMMITTEE - Trustee Floros , Chairman
1978-79 Audit Management Letter
ZBA 12-Z-79
308 W. Rand Road
4/4/79
ZBA 13-Z-79
310 - 314 W. Rand Road
4/4/79
ZBA 23-Z-79
705 E. Rand Road
6/5/79
ZBA 40-V-79,
1421 Wigwam Trail
9/4/79
ZBA 48-A-79,
Amendment to Section 14.2601 - Zoning Ordinance
9/4/79
ZBA 52-V-79,
700 E. Rand Road
10/2/79
ZBA 50-V-79,
502 Garwood Drive
10/2/79
ZBA 41-V-79
802 to 814 N. River Road
10/2/79
ZBA 42-Z-79)
Northwest corner River and Kensington
10/2/79
ZBA 43-V-79)
ZBA 44-Z-79)
1006 Cypress Drive
10/2/79
ZBA 45-V-79)
ZBA 51-V-79
555 Carboy Road
10/2/79
ZBA 53-V-79
714 Chris Lane
10/2/79
Requiring the installation of elevators in buildings in excess of 3 stories 4/4/79
FINANCE COMMITTEE - Trustee Miller, Chairman
Busse Water Main
8/1/78
Business License Fees
5/1/79
Possible freeze on number of liquor licenses issued
5/1/79
Feasibility of increasing liquor license fees
5/1/79
Streamlining the Committee System
5/1/79
1978-79 Audit Management Letter
9/18/79
FIRE AND POLICE COMMITTEE - Trustee Murauskis, Chairman
Maple Crest Subdivision water system
6/19/79
M.E.R.I.T. Program
6/25/79
Service fee for false alarms (Police Department)
6/25/79
Shoplifting Ordinance
6/25/79
Development Code
8/7/79
LEGISLATIVE/JUDICIARY COMMITTEE - Trustee Richardson, Chairman
Rob Roy Zoning Suit
12/5/78
Di Mucci Water Bills
12/5/78
Proposed condominium conversion ordinance
7/5/78
Metropolitan Housing Development Corp. vs. Arlington Heights and
12/19/78
Mount Prospect
7/5/78
Liaison with State Representatives
5/1/79
Housing Maintenance Ordinance
5/1/79
Downtown Rehabilitation Loan Fund
8/7/79
Regulation of On -Street Solicitation
9/18/79
Legislative Report
6/5/79
PUBLIC HEALTH AND- SAFETY COMMITTEE - Trustee Wattenberg, Chairman
Snow removal & towing ordinance
4/17/79
Bicylce safety for commuters
5/15/79
Busse Road sidewalks installation
6/19/79
Revisions to Taxi Cab ordinance
12/19/78
Elm & Highland
6/5/79
IRMA
8/21/79
Vandalism
8/21/79
Drugs
8/21/79
Adoption of Village Safety Program
9/18/79
PUBLIC WORKS COMMITTEE - Trustee Farley, Chairman
For Continuing Study:
MFT Projects
1j7/78
Highland and Rand Road widening
5/2/78
Completion of Well #17
6/5/79
Watermain along Rand Road between Highland & Central
6/5/79
Explanation of Recapture Ordinances
6/5/79
Status of Well #12
6/5/79
Lake Briarwood storm sewer problems
6/5/79
For Board Report:
Hearings on proposed Maple Street Crossing
5/1/79
Cable T.V.
6/5/79
Status of Tamarack Park
6/5/79
MINUTES OF MEETING
TO: Mayor and Board of Trustees
FROM: Public Works Committee
SUBJECT: Public Works Committee Meeting of October 4, 1979
PRESENT: Chairman Farley, Trustees Miller and Floros,
Jerry McIntosh, Ben Hemmeter, Herbert Weeks,
Glen Andler
The regular scheduled meeting of the Public Works Committee was call-
ed to order by Chairman Farley at 9:07 P.M.
ITEMS DISCUSSED
TREE REPLACEMENT PROGRAM
The Committee voted 3 to 0 to recommend that the budget be changed to
reflect additional funding for the tree replacement program. It is
estimated that an additional $5,000.00 will be required for this fiscal
year.
The next Public Works Committee Meeting is scheduled for Thursday,
November 1, 1979 at 7:30 P.M. It will be held in the Trustees Room of
the Village Hall.
The meeting was adjourned at 9:30 P.M.