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NEXT ORDINANCE
NEXT RESOLUTION NO. 1-83 W Clerk's Office
VILLAGE BOARD
VILLAGE OF MOUNT PROSPECT
0 R D E R 0 F B U S I N E S S
Regular. Meeting
Meeting Location:
Board Room, 2nd Floor
Public Safety Building
112 East Northwest Highway
I. CALL TO ORDER
Ii. INVOCATION - Trustee Richardson
III. ROLL CALL
Mayor Krause
Trustee Arthur
Trustee Farley
Trustee Floros
Meeting Date and Time:
Tuesday, January 4, 1983
8:00 P.M.
Trustee Murauskis
Trustee Richardson
Trustee Wattenberg
APPROVAL OF MINUTES OF REGULAR MEETING, DECEMBER 21, 1982
APPROVAL OF BILLS
COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD
VII, MAYOR'S REPORT
A.
lst reading of AN ORDINANCE AMENDING CHAPTER 13
This Ordinance amends the classification of Class "G"
liquor license to permit the service of beer and wine
for the entire year, deleting the restriction that
only allowed. for service April through November.
(Exhibit A)
B.
Citizens Utilities Rate Hearing, Status Report
C.
Appointments
D.
Announcements
VIII. OLD
BUSINESS
A.
lst reading of AN ORDINANCE TO ADD A NEW ARTICLE XVIII
ENTITLED "RESIDENTIAL LANDLORD AND TENANT REGULATIONS"
TO CHAPTER 23 OF THE VILLAGE CODE
This Ordinance creates regulations for both landlords
and tenants in the Village, providing for the Village
to mediate specified areas between landlords and
tenants.
(Exhibit B)
B.
ZBA 47-V-82, 820 East Rand Road
2nd reading of AN ORDINANCE GRANTING A SPECIFIED
VARIATION FOR PROPERTY COMMONLY KNOWN AS GIORDANO'S
PIZZA, 820 E. RAND ROAD, IN THE VILLAGE
This Ordinance grants a variation to allow an
existing front and side yard encroachment.
(Exhibit C)
C.
lst reading of AN ORDINANCE AUTHORIZING AN
ENCROACHMENT INTO PUBLIC RIGHT-OF-WAY FOR PROPERTY
AT 406 WEST CENTRAL ROAD
This Ordinance acknowledges an encroachment of 32"
and authorizes execution of an Indemnification and
Hold Harmless Agreement between the owner of the
subject property and the Village.
(Exhibit D)
IX. VILLAGE MANAGER'S REPORT
A. 2nd reading of AN ORDINANCE REGARDING THE REMOVAL
OF AN EXISTING MUNICIPAL BUILDING AND THE EXPANSION
OF A MUNICIPAL PARKING LOT IN THE VILLAGE
This Ordinance proposes the demolition of the Village
owned building at 33-35 S. Main Street (Busse Avenue
and Main Street presently used by V & G Printers). (Exhibit E)
X. NEW -BUSINESS
A. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE AND THE FOREST RIVER FIRE
PROTECTION DISTRICT
This Resolution, executed on an annual basis, sets
forth the Agreement for fire protection service for
a small area in the northeast area of Mount Prospect. (Exhibit F)
%1A, B. ZBA 46-Z-82, 322 North Wolf Road
This case deals with a request to re -zone the
subject property to I -I (Industrial./Office District)
from R -X (Single Family District). The Zoning Board
of Appeals recommended approval of the request. In
line with the subject re -zoning request, a Public
Hearing was held before the Planning Commission,
since the re -zoning, if granted, would require an
amendment to the Official. Comprehensive Land Use Plan.
The Planning Commission also recommended approval.
of the proposed amendment inland use to permit 1-1.
C. 350 N. Wolf. Road, Bond School
The Planning Commission also considered a request
to amend the Official Comprehensive Land Use Plan
for this 8.1 acre site, presently zoned Institutional.
It was the recommendation of the Planning Commission
to grant the amendment to the Plan to change the
use classification from Institutional to Industrial/
Office Use (I-1 zoning). It is anticipated that
the new owner of the property will- file for a hearing
before the Zoning Board of Appeals.
D. A RESOLUTION DESIGNATING.THE MOUNT PROSPECT STATE
BANK AS A DEPOSITORY FOR THE VILLAGE, (Health Insurance)
This Resolution, in conjunction with previously
adopted Resolution No. 43-82, would authorize a change
in the signatures required to administer the health
insurance account. (Exhibit G)
E. lst reading of AN ORDINANCE AUTHORIZING THE SALE OF
VILLAGE OWNED PROPERTY
This Ordinance will authorize the sale of the Fire
Department ladder truck, which was recently replaced
by the purchase of a new vehicle. The sale will be
made by taking bids. (Exhibit H)
F. A RESOLUTION AUTHORIZING THE APPROPRIATION OF
MOTOR FUEL TAX FUNDS
This Resolution authorizes the final payment for
the four new traffic signals along Northwest Highway. (Exhibit J)
XI. ANY OTHER BUSINESS
XII. ADJOURNMENT
1INUTES OF THE REGULAR MEETING OF THE
MAYOR AND BOARD OF TRUSTEES
December 2:1, 1982
CALL TO ORDER CALL TO ORDER
Mayor Krause called the meeting to order at 8:04 P.M.
INVOCATION
INVOCATION
The invocation was given by Trustee Arthur.
ROLL CALL ROLL CALL
Present upon roll call: Mayor Krause Trustees Arthur
Farley, Richardson Wattenberg
Absent: Trustee Floros (arrived at 8:10 P.M..)
Trustee Murauskis
APPROVAL OF MINUTESAPPROVE MINUTES:
Trustee Farley, seconded by Trustee Wattenberg, moved 1.2/7/82 Meeting
to approve the minutes of the regular meeting of the
Mayor and Board of Trustees held December 7, 1982.
Upon roll call: Ayes: Arthur Farley Richardson
Wattenberg'
Nays: None
Motion carried.
APPROVAL OF BILLS AND FINANCIAL, REPORT APPROVE BILLS
Trustee Richardson, seconded by Trustee Arthur, moved
to approve the following list of bills
General Fund $ 512,150.59
Revenue Sharing Fund 14,867.48
Motor Fuel Tax 61,`406.03
Community Development Block Grant 16,920.36
Waterworks & Sewerage.
Operation '& Maintenance 141,105.67
Depreciation, Improvement, &
Extension 18,077.34
Parking Systen Revenue 8,263.21
Corporate Purposes Construction,1973 3,105.00
Corporate Purposes Bond & Int. 1973 122,571.40
Corporate Purpose's Bond & Int. 1974 282,764.00
Contractors Surety & Sidewalk 100,.00
Trust Account 696.28
$1,182,027.36µ
Upon roll call: Ayes: Arthur Farley Richardson
Wattenberg
Nays: None
Motion; c'arried'..
Trustee Richardson, seconded by Trustee Farley, moved APPROVE, FINANCIAL
to accept the financial report dated November 30, 1982, REPORT: 11/30/82
subject to audit.
Upon roll call: Ayes: Arthur Farley Richardson
Wattenberg
Nays: None
Motion carried.
Trustee Floras arrived at this point, 8,:10 P.M.
COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD HOME TOWN AWARDS
Dolores Haugh, Executive 'Director 'of the Chamber of
Commerce, presented letter and award of participation
in the Governor's Home Town Program. Mount Prospect'had
entered this contest, and although did not place in the
top 3rd, participation in the contest was acknowledged.
MAYOR'S REPORT
Trustee Arthur, seconded by Trustee Richardson, moved
RES. NO.; 55-82 for passage of Resolution No. 55782
Upon roll call: ,Ayes. .Arthur Farley Floras
Richardson Wattenberg
Krause
Nays; None
Motion carried.
AMEND CH. 13 A request was presented by; Tom Taylor, Director
-I..-- „�„ ;of the Mount Prospect:. Parke: District, to expand
Trustee Richardson, seconded by Trustee Wattenberg,
moved to authorize an amendment to Chapter 13, and
delete the restriction on the months allowed'or
serving beer & wine for a Class "G" liquor license.
Upon roll calls Ayes'. Arthur Farley Floras
Ric;hardscin Wattenberg
Nays: None
Motion, carried.
An Ordinance will be presented at the January 4th
Board meeting for lst reading.
Fran Eisenman, Senior Citizen Co -Ordinator, and
ADULT DIY CARE
Patrick Luehring, Director of health Services,
CENTER
presented a proposal for the Village to co -;sponsor
an adult day care program. It was stated that
various locations were being reviewed including
schools that have closed. The care would be
provided to adults that have had disabling health
care problems and would provide daily or weekly
scare during the 'day. The members`of the Board
expressed their 'support for, such A program.
FOOD PANTRY
Ms. Eisenman and Mr. Luering also presented a
report on the emergency food pantry, stating that
the seniors attending the center had originated
this concept, bringing canned goals for distribution
to needy families. This activity;has'grown to
include various church groups and the :Salvation
Army as referrals. The Village Berard commended
the program and expressed support for its
continuation.
ZBA 43 -SU & 44--V
OLD BUSINESS
ZBA 43 -SU -82 and 44-V-82, 817 S. Elmhurst Read
817 S.ELMHURST RD,
'Trustee Farley, seconded by Trustee Wattenberg,
moved to waive the rule requiring`t o'readings
of an ordinance in order to take action on the
pending ordinance.
Upon roll call; Ayes. Arthur Farley Floras,
Richardson; Wattenberg
Nays: ' None
Motion carried.
ORD. NO. 3298'
Trustee Farley, seconded by Trustee Wattenberg,
moved; for passage of Ordinance No 3298
AN ORDINANCE AUTHORIZING AND APPROVING A
SPECIAL USE TO ALLOW THE OPERATION OF A
GROUP 'CARE HOME BY THEMCLEARBROOK CENTER FOR
THE HANDICAPPED ON CERTAIN PROPERTY LOCATED
IN THE R-1 SINGLE FAMILY RESIDENCE DISTRICT,
AS ZONED, IN THE VILLAGE
Upon roll call: Ayes: Arthur Farley Floras
Richardson Wattenberg
Nays: None
Dec. 21.,;1982
Motion carried. Page Two
Trustee F y, seconded by Trustee Wattenberg, mov
ZBA 44-V-82
to waive tAe rule requiring two readings of an
ordinance in order to take action on the pending
ordinance for ZBA 44-V-82.
Upon roll call: Ayes: Arthur Parley Floros
Richardson Wattenberg
Nays: None
Motion carried.
Trustee Parley, seconded by Trustee Richardson,
moved for passage of Ordinance No. 3299
ORD.NO. 3299
817 S.ELMHURST
AN ORDINANCE GRANTING A SPECIFIED VARIATION FOR
ROAD
PROPERTY COMMONLY KNOWN AS THE CLEARBROOK
CENTER FOR THE HANDICAPPED AT 817 S. ELMHURST ROAD
IN THE VILLAGE
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
ZBA 45-V-82, 901 Ardyce Lane
ZBA 45-V-82
This request as presented to the zoning Board of
901 ARDYCE LN
Appeals was for an addition to an existing home,
which addition would far exceed the allowed floor
area ratio. The Zoning Board of Appeals recommended
denial of the request.
Trustee Ploros, seconded by Trustee Farley, moved to
concur with the recommendation of the Zoning Board of
Appeals to deny the request under Case ZBA 45-V-82.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
ZBA 47-V-82
ZBA 47-V-82, 820 E. Rand Road
An Ordinance Granting A Specified Variation for Property
820 E.RAND RD
Commonly Known as Giordano's Pizza, at 820 East Rand Road,
in the Village was presented for first reading and will
be presented January 4th for second reading.
ZBA 48-A-82, Text Amendment
ZBA 48-A-82
An Ordinance was presented for first reading that
AMEND CH.14
would amend Chapter 14 to permit certain antenna up
to 80 feet in height in residential districts.
Trustee Arthur, seconded by Trustee Wattenberg, moved
to waive the rule requiring two readings of an ordinance
in order to take action an the subject ordinance.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
Trustee Arthur, seconded by Trustee Richardson, moved
ORD.NO. 3300
for passage of Ordinance No. 3300
AN ORDINANCE AMENDING HEIGHT PROVISIONS IN
CERTAIN SINGLE FAMILY DISTRICTS OF CHAPTER 14
OF THE VILLAGE CODE, REGARDING RADIO AND
TELEVISION ANTENNA
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
Page Three Dec.
21, 1982
ORT
z
1
0]
The foll6 g bids were received for two 3/4 ton pis.. -/up
trucks:
Elmhurst Motors, Inc. Ford F250 $18,720.00
Schmerler Ford, Inc. Ford F250 18,780.00
GMC Chicago Truck Center GMC TC20902 18,,790.00
Pederson GMC GMC TC20903 18,898.00
Lattof Chevrolet Chev.CC20903 19,034.26
Lake County Truck Sales GMC TC20903 19,100.00
Northwest Ford Truck Center Ford F250 20,042.00
Trustee Richardson, seconded by Trustee Wattenberg
ELMHURST MOTORS
moved to accept the low bid submitted by Elmhurst
Motors, Inc. for two 3/4 ton pick-up trucks at a
total cost not to exceed $18,720.00 for both trucks.
Upon roll call: Ayes: Arthur Parley Floros
Richardson Wattenberg
Nays: 'None
Motion carried.
Bids were submitted fora one ton truck chassis as
follows:
GMC Chicago Truck Center GMC TC31003 $ 9,250.00*
Elmhurst Motors, Inc. Ford F350 9,274.00
Lattof Chevrolet Chev.CC31003 9,291.05
Schmerler Ford, Inc. Ford F350 9,340.00
Lake County Truck Sales GMC TC31003 9,500.00
Pederson GMC GMC TC31003 9,798.00
Northwest Ford Truck Center -Ford F350 10,299.00
*Does not meet specifications as bid.
Trustee Richardson, seconded by Trustee Wattenberg,
moved to accept the low qualified bid submitted by
ELMHURST MOTORS
Elmhurst Motors, Inc. for a one ton truck chassis
at a total cost of $9,274.00.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
The following bids were received for 3 each 34,000 GVW
truck chassis:
Herchberger Truck & Equip. IHC 1954 $ 98,340.00
Fruend Equip. Inc. IHC 1954 98,670.00
Northside International IHC 1954 98,925.00
Northwest Ford Truck Center Ford LN 8000 99,891.00
Elmhurst Motors, Inc. Ford LN 8000 99,990.00
Pollard Motor Co. IHC 1954 100,575.00
GMC Chicago Truck Center GMC J8C042 106,650.00
Volvo/White Truck Corp. Volvo F717 110,256.00
Mack Trucks Inc. Mack DM685X 153,000.00
Trustee Wattenberg, seconded by Trustee Floros, moved
to accept the low bid submitted by Herchberger Truck &
HERCHBERGER
Equipment Company for three 34,000 GVW truck chassis
TRUCK & EQUIP.
at a total cost not to exceed $98,340.00.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
The following bids were received for three 8 cubic yard
Page Five Dec. 21, 1982
,amp bodies;
VILI
Psi
33
NOW
Mui
col
Trustee W�c, nberg, seconded by Trustee Parley,
moved to autnorize the expenditure of $2,000 as
the Village's share of funding the remodeling costs
for the Northwest Municipal Conference and to
authorize the Manager to budget an additional $2,000
in the 1983-84 budget for the equipment needed by
the Northwest Municipal Conference.
Upon roll call:, Ayes: Arthur Farley Floros
Richardson Wattenberq
Nays: None
Motion carried.
The Village Manager presented a status report on the
LAKE MICHIGAN
acquisition of Lake Michigan water stating that the
WATER ACQUISITION
Northwest Suburban Municipal Joint Action Water
Agency would be closing the necessary papers on
AGENCY
December 31, 1982, with the interest established
1.0.5%.
NEW BUSINESS
It was noted that the building at 406 W. Central Road,
being the subject of a recently approved plat of
4,06 W.CENTRAL RD.
subdivision, namely Selke!s Plat of Subdivision,
encroaches into the right-of-way by approximately
three and one-half inches. An Ordinance will be
prepared for the next Board meeting acknowledging
the encroachment and authorizing a Indemnification
Agreement between the Village and the owner of the
subject property.
Trustee Arthur, seconded by Trustee Richardson, moved
for passage of Resolution No. 56-82
DEPOSITORY
RES.NO. 56-82
A RESOLUTION DESIGNATING THE MOUNT PROSPECT STATE
BANK AS A DEPOSITORY FOR THE VILLAGE (water &
sewer fund)
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
ANY OTHER BUSINESS
The Arrow Road Plat of Subdivision was presented for ARROW ROAD PLAT
Board approval. This plat places the property annexed OF SUBDIVISION
at the last Board meeting into one lot of record.
Trustee Farley, seconded by Trustee Richardson, moved
to authorize the Mayor to sign and Clerk to attest her
signature on the Arrow Road Plat of Subdivision.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nay's.- None
Motion carried.
St. Raymond's de Penforte ST. RAYMOND'S
Trustee Arthur, seconded by Trustee Richardson, moved PLAT OF
to authorize the Mayor to sign and Clerk to attest her SUBDIVISION
signature on the St. Raymond's de Penforte Plat of
Subdivision, places the subject property into one lot
of record.
Upon roll call: Ayes: Arthur Farley Floros
Richardson Wattenberg
Nays: None
Motion carried.
Page Seven Dec. 21, 1982
General Fund
Revenue Sharing Fund
Motor Fuel Tax Fund
Community Development
Block Grant
Waterworks & Sewerage Fund;
Operation & Maintenance
Parking System Revenue Fund
Capital Improvement
Repair & Replacement Fund
Trust Fund
Beginning
Balance
$ 535,822.46
87,274.31
252,702.19
39,868.30
411,722.98
92,242.61
562,056.12
304,521.65
VILLAGE OF MOUNT PROSPECT
CASA POSITION
DECEMBER 30, 1982
Receipts
$ 53,454.33
315.57
58, 799.91
43,219.79
5,134.65
4,831.88
$ 165,756.13
Disbursements
(per attached
List of Bills)
$ 258,955.46
16,548.74
1,420.40
27,802.32
28,810.12
520.28
2,241.47
11,888.00
$ 348,186.79
Cash & Invest.
Balance
December 30, 1982
$ 330,321.33
71,041.14
310,081.70
12,065.98
426,132.65
96,856.98
559,814.65
297,465.53
VENDOR
C'1 EA R I NG ACCOUNTS
)LITY AUTO BODY RERUILDERSI INC.
9ETHC_SDA LUTHERAN HOME
JIM HOFFMAN
CHARLES KLFHM C SON NURSERY
JERRY MUCCIANTI
'BURRY CHRISTMAS TREE SALFS
PAYROLL ACCOUNT
TRI -R SIGNS
ROPERT VITULLO
MICHAEL 'WALY
CLEARING ACCOUNTS
GENERAL FUND
COMMUNITY DEVELOPMENT BLOCK GT
PARKING SYSTEM REVENUE FUND
VILLAGE OF MOUNT PROSPECT
ACCOUNTS PAYA(3LE APPROVAL REPORT
PAYMENT DATE 1/05/83
PURCHASE DESCRIPTION
BODY REPAIR CHARGES 92751
REFUND OF DEPOSIT ZBA 41 -SU -82
BOND REFUND A-10656
ASST. TREES
ASST. TREES
ASST. TREES
ASST. TREES
ASST. TREES
ASH G MAPLE TREES
TREES
ASST. TREES
AST. TREES
BOND REFUND A-10057
TREE SALES POND RFFUNn
PAY PERIOD FNnING- !2/23/82
PAY PERIJC ENDING 12/?3/82
PAY PERIOD ENDING 12/23/82
PAY PERIOD ENDING 12/23/82
PAY PERIOD ENDING 12/23/32
LETTERING ON POLICE CARS
REFUND FINAL WATER SILL
REFUND OVERPAYMENT FINAL WATER PILL
INVOICE AMOUNT
$309.07
$275.00
$100.00
$149.50
$359.00
$987.75
$99.75
$11626.00
$825.300
$452.50
$21130.50
$41¢30.00
'1100.00
$100.00
X2101245.16
'511737.99
$11454.67
$221479.14
$311.8"4
$28.00
$32.13
$20.50
TOTAL**
PAGE I
TOTAL
$309.07
$275.0'3
$100.00
b1I1560.or)
1I7G.un
72361278.80*
$12.13
$20.50
$2481753.50
$2101829.23 REVENUE SHARING FUND $11737.99
$11454.67 WATERWORKS C SEWERAGE - OEM $2?1531.77
$311.84 TRUST FUND $111888.00
PUBLIC REPRESENTATION DIVISION
PETTY CASH - POLICE DEPARTMENT TRAVEL/ SUPPLIES $70.84
VILLAGE OF MOUNT PROSPECT PAGE 2
ACCOUNTS PAYAP?LF APPROVAL REPORT
PAYMENT DATF 1/05/83
VENDOR PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL
PUBLIC REPRESENTATION `3IVISIOid
TRAVEL, SUPPLIES $43.46 51I4.30*
PUBLIC REPRESENTATION DIVISIm,
-. *Tf1TAL'`'= 51I4.3E1
GENERAL FUND $114.30
VILLAGE MANAGER'S OFFICE
LITTLEJOHN, GLASS C YUWELL, LTD. LEGAL SERVICES RENDFRFJ
PETTY CASH — FIR DEPARTfEh_1T 51,770.00 T1,770.G0
TRAVEL, SUPPLIES 37.10 57.I�
PETTY CASH — MANA(-lFMFNT SERVICES TRAVEL, SUPPLIES
$38.12
TRAVEL, SUPPLIES $95.00
TRAVEL, SUPPLIES $15.00
TRAVEL, SUPPLIES $24.89
TRAVEL, SUPPLIES $15.00
PETTY CASH — POLICE DEPARTMENT TRAVEL, SUPPLIES $14.45TRAVEL, SUPPLIES
$51.00
VILLAGE MANAGER'S OFFICE
*e.=TCtTAL-*
GFNERAL FUND $29036.06
DEPARTMENT OF MANAGEMENT SERVICES
$207.96*
351.00:=
$29036.06
ANCHOR
DAY LITHO SERVICES
HOSPITALIZATION PREM.—JAN.183
A/P
$242.74
$242.74:=
FORT DEARBORN LIFE INSURANCE COMPAN
CHECKS
PREMIUM—JAN.'83
$852.88
$852.88
HEALTH CARE SERVICE CORPORATION
PREMIUM—JAN.183
31,383.12;=
$1,953.12
319382.37
$1,382.37*
DEP RTMENT OF MANAGEMENT SERVICES
GENERAL FUND
S19t434.44
PAGE 3
INVOICE AMOUNT TOTAL
$10.42
$IO.42*
$253.32
VILLAGE OF MOUNT PROSPECT
$66.00
$6o.010
$51317.2_2
ACCOUNTS PAYABLE APPROVAL REPORT
$4t356.37
1141673.59=
TOT AL*4z
PAYMENT DA IF 1105193
VENDOR
BATTERIES
$109.70
PURCHASE DESCRIPTION
`'ARTME:NT
OF MANAGEMENT
SERVICES
Sl1713.60
TY CASH
- MANAGz-MF_NT
SERVICES
TRAVELt SUPPLIES
PRUCARE OF
ILLINOIS
$64.86
HOSPITALIZATION PREM.-JAN.193
REVENUE SHARING
ADVISORY
SERVICE
REVENUE SHARING HANDBOOK
VILLAGE OF
M.P.EMPLOYEF
HEALTH BENE
COVER EMPLOYEE HEALTH BENEFIT CHECKS
COVER EMPLOYEE HEALTH BENEFIT CHECKS
DEP RTMENT OF MANAGEMENT SERVICES
GENERAL FUND
S19t434.44
PAGE 3
INVOICE AMOUNT TOTAL
$10.42
$IO.42*
$253.32
5253..32*
$66.00
$6o.010
$51317.2_2
$4t356.37
1141673.59=
TOT AL*4z
$191434.44
t r
VILLAGE CLERK'S OFFICE
PADDOCK PUBLICATIONS LEGAL NOTICES PUB. $128.80 5128.80
PETTY CASH - MANAGE:"1ENT SERVICES TRAVEL' SUPPLIES $20.00 520.00=
VILLAGE CLERK'S OFFICE Tr1TAL' 1148.80
GENERAL FUND $148.80
POLICE DEPARTMENT
BERKEY CAMERA SHOP
FILM PROCESSING
$28.23
$28.23
DES PLAINES CHRYSLER -PLYMOUTH SALES
T BAR P-5
$109.80
AXLE? STUDSt STARTER
$208.01
`5317.81
GREATER DISTRIBUTINGt INC.
BATTERIES
$109.70
$109.70
HARBRIDGE HOUSEt INC.
ASSESSMENT SERVICES RENDERED
$1?713.60
Sl1713.60
ILLINOIS BELL TELEPHONE CO.
TELEPHONE SERVICE
$136.83
TELEPHONE SERVICE
$64.86
VENDOR
POLICE DEPARTMENT
JOE MITCHELL BUICKt INC.
MORTON GROVE AUTOMOTIVE
NORTH SUBURBAN ASSN. OF CHIEFS OF P
RONALD W. PAVLOCK
PETTY CASH - POLICE DEPARTMENT
PETTY CASH - PUBLIC WORKS
PROSPECT AUTO BODY
THE PELIABLE CORPORATION
SAVE ON PRIiNTING INC.
TIRE CONNECTIONS INC. -
WASHINGTON RUB3ER CO.
XEROX CORPORATION
3M 3USI�NFSS RRnDUCTS SALES 9781
POLICE DEPARTMENT
GENERAL FUND
FIRE & EMERGENCY PROTECTION DEPT.
ABLE FIRE SAFETY EQUIP
AMOCO OIL COMPANY
EDWARD BRODSKY
COMMONWEALTH EDISON
ILLINOIS BELL TELEPHONE CO.
VILLAGE OF MOUNT PROSPECT
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1/05/83
PURCHASE DESCRIPTION
TELEPHONE SERVICE
TELEPHONE SERVICE
TACTICAL UNIT CAR RENTAL
ALTERNATOR REPAIR
1983 MEMBERSHIP
COMMANDER ASSESSMENT EXPENSES
TRAVELt SUPPLIES
TRAVEL• SUPPLIES
TRAVELt SUPPLIES
TRAVELt SUPPLIES
TOWING P-79 P-9
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
PROPERTY INVENTORY FORMS
FRONT END ALIGNMENT
FILTERS
MAINTENANCE-NOV.t9Zt EQUITY
PAPER ROLLS
$3#523.02
LENS
GASOLINE
TIME & PAY RECORD FORMS
ELECTRICAL SERVICE
ELECTRICAL SERVICE
TELEPHONE SERVICE
I
INVOICE AMOUNT
$10.95
$39.16
$100.00
$95.00
520.00
$186.55
$4.50
$ 18.35
518.15
$2.20
$70.00
$45.15
$45.15
$45.16
$170.00
$16.0;
$5.90
$108.71
$151.06
*TOTAL*
$46.20
$19.09
$15.05
$1.90
$1.90
$27.61
PAGE 4
TOTAL
$251.80
$100.00
$95.00
$20.00
$136.55
122.85
$2U..39
570.v`I
4135.46
$170.0`?
$16.00
45.90
41''8.71
$151.05
$3:523.02
$46.20
$19.09
$15.05
53.80
VENDOR
FIRE EMERGENCY PROTECTION DEPT.
INT CITY MANAGEMENT ASSOCIATION
KAR PRODUCTS INC.
KNAPP SHOES
MOUNT PROSPECT STATE HANK
,CE
PETTY CASH - FIRE DEPARTMENT
THF RELIABLE CORPORATION
SAFETY KLEE;N CORPORATION
SOLAR AGE
TOWERS CLEANERS
FIRE & EMERGENCY PROTECTION DEPT.
GENERAL FUND
CAP. IMPR.,REPR.RFPLACEMENT
HEALTH SERVICES DEPARTMENT
THOMAS PT LUEHRING
PETTY CASH - MANAGEMENT SERVICES
-PHOTO TOWNE
VILLAGE JF MOUNT PROSPECT
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1/05/83
PURCHASE DESCRIPTIO'
TELEPHONE SERVICE
TELEPHONE SERVICE
TELEPHONE SERVICE
TELEPHONE SERVICE
REFERENCE MATERIAL
AUTO PARTS
SHOES
INT. ON FIRE TRUCK LOAN
LIFEPAK 6ATTERIFS
TRAVELS SUP�'LIES
TRAVELS SUPPLIES
TRAVEL. SUPPLIES
TRAVELS SUPPLIES
TRAVELS SUPPLIES
TRAVELS SIPPLIES
TRAVEL, SUPPLIES
FOLDER LABELS
CLEANING SERVICE
SUBSCRIPTION -SOLAR AGE
CLEAN 3i REPAIR AMRULANCE BLANKETS
$15214.38 REVENUE SHARING FUND
825241.47
BLOOD DONORS FOOD REIMBURSEMENT
TRAVEL, SUPPLIES
TRAVELS SUPPLIES
FILM PROCESSING
INVOICE AMOUNT
$17.27
$.33.00
$37.47
$117.50
$37.25
$64.55
$45.70
$2 S241.47
$354.40
$10.00
35.81
X10.50
$36.16
$3.20
$9.94
$21.75
$3.08
$37.75
$32.00
$383.00
• =`TOTAL=`*
AGE 5
TOTAL
$_302.85
$37.25
364.55
$45.70
$25241.47*
$3g4.4n
$96.41=
`E3.08
07.75
$32.00
$183.00
$354P2.69
$21.75
$66.37 166.37
$30.47
$14.55 $50.52:-
$9.60 $4.60
VENDOR
HEALTH SERVICES DEPARTMENT
GENERAL FUND
VILLAGE OF MOUNT PROSPECT
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1/05/83
PURCHASE DESCRIPTION
$126.49
INVOICE AMOUNT TOTAL
..;=TOTAL*== $12t
SENIOR CITIZEN'S DIVISION
ILLINOIS BELL TELEPHONE CO. TELEPHONE SERVICE $179.76
TELEPHONE SERVICE
SENIOR CITIZEN'S DIVISION
GENERAL FUND 8200.16
COMMUNITY DEVELOPMENT DEPARTMENT
520.40 $200.16
*TOTAL' * $200.16
FIRST NATIONAL BANK OF MOUNT PROSPE RESIDENTIAL REHABILITATION LOAN $141722.15 $14.722.15
CHARLES KLEHM & SON NURSERY LANDSCAPING TREES $101872.50 $10187"
NORTHWEST COMMUNITY SERVICPSt INC. NOV.182 SUPPORTIVE SERVICES $750.00 $75
PETTY CASH - MANAGEMENT SERVICES TRAVEL/ SUPPLIES $3.00 $3.U0-`
COMMUNITY DEVELOPMENT DEPARTMENT ***TOTAL** $261347.65
COMMUNITY DEVELOPMENT BLOCK GT $26.347.65
VENDOR
STREET DEPARTMENT
RICAN INTFRNATInJAL SECURITY SER
ANF?ERSON LOCK COMPArtiY
B C H INDUSTRIES
CHICAGO TORO TURF-IRRIGATI!`Nq INC.
C.R. LAURENCF C!O.? INC.
RALPH DARLING
THE OAVEY TREE EXPERT COMPANY
GREATER "ISTRIRUTINIG, INC.
UAR ; FENCE
HARTLEY SUPPLY C?7MPANY
P J HARTMANN CrIMPA^IY
EDWARD HINES LUMIILR CO.
ILLINOIS FWD TRUCK S EQUIPMENT COMP
CHARLES KLEHM C SON NUPSFRY
LATTOF MOTOR SALES C`l.
MORTON GROVE AUTOMOTIVE
N!3RTHERN ILLINOIS GAS CO.
PETTY CASH - FIRE DEPARTMENT
Y CASH - PUBLIC WORKS
SCHLEGEL MATERIAL COMPANY, I^fC.
SEVENTEEN SPECIALTIES INC.
SOCIETY OF MUNICIPAL ARBORISTS
STANTON EQUIPMENT CO.
TIRE CONNECTIONS INC.
TRI SERVICE COMPANY
WARNING LITES OF ILLINOIS
WASHINGTON RUBBER CO.
VILLAGE OF MOUNT PROSPECT
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1105/83
PURCHASE DESCRIPTION
DOOR CLOSER
REG. ARMS
ACETATE
DIST.CAP
PARTITION PARTS
SAFETY SHOE ALLOWANCE
PARKWAY TREE TRIMMING
BATTERIES
BATTERIES
FILLER STRIPS
SHOVELS, SPADES, RAKES
CLEAN TANK, CONVERT PlyiMP
HA!Nn TOOL
RUBBER DEFLECTORS
SNOWPLOW BLADES
ASST. TREES
PARTIAL PAYMENT FOR TREES PLANTED
AST. TREES
VEHICLES SAFETY TESTED
ALTERNATOR REPATR
GAS SERVICE
GAS SERVICE
GAS SERVICE
TRAVEL? SUPPLIES
TRAVEL, SUPPLIES
TRAVEL? SUPPLIES
TRAVEL? SUPPLIES
TRAVEL, SUPPLIES
GRADE 8 STONE
OFFICE SUPPLIES
MFM"ERSHIP-SANDY FORGACS
EQUIPMENT REPAIR PARTS
TIRE REPAIR
REPAIR HEATING SYSTEM AT SENIOR CTR
SIGN MATERIALS
FILTERS
I"!VOICE AMOUNT
$56.68
SbD.RO
$45.10
$11.64
529.71
550.00
$7,871.44
$135.40
$53.59
$124.00
$209.33
$950.00
$6y.99
$729.010
,620..48
$4,969.00
$1.950.00
$8:940.50
$30.20
$36.00
$232.04
$49.42
$393.55
$3.31
$3.18
542.37
$20.21
$3.95
$282.90
$334.84
$34.04
$545.80
$21.00
$184.50
$1?100.00
$15.43
PAGE 7
TOTAL
$56.b9
$60.80
$45.10
$11.b4
$29.71
$�;O-jo
?7,871.00
$199.49
�'124.0n
5209.33
$850.00
$6.59
$1,34-9.49
$159858.50
$30.20
$36.00
4-674.01
56.49;;-
£67.43:=
$282.90
5339.84
$30.00
5545.80
$21.00
$184.50
$19100.00
$15.43
VILLAGE OF MOUNT PROSPECT
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1/05/83
VENDOR , PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL
STREET DEPARTMENT
STREET DEPARTMENT
GENERAL FUND
MOTOR FUEL TAX FUND
WATER AND SEWER DEPARTMENT
PLRKEY CAMERA SHOP
RRONN CLINICAL LABORATORY
FLETCHER ENGINEERING Cfl.
JOSEPH 0. FOREMAN E CO.
OTTO FRANKFN9USH INC.
GREATER DISTRIRUTING, INC.
HARTLEY SUPPLY COMPANY
ILLINOIS BELL TELEPHONE CO.
ILLINOIS FWD TRUCK & EQUIPMENT COMP
LATTOF MOTOR SALES CO.
MORTON GROVE AUTOMOTIVE
NORTHERN ILLINOIS GAS CO.
SAFETY SHOE ALLOWANCE
$13x949.17 REVENUE SHARING FUND
$19382.90
$25.00 $2
***TOTAL** s30,121.07
FILM# FILM PROCESSING
$292.99
S292.39
WATER SAMPLES TESTED
$333.45
$333.45
ENGINEERING SERVICES RENDERED
$44.35
i44.35
WRENCH
$69.00
$69-00
OVERLOAD RELAY9 ELEMENTS
151.48
-Q51.48
BATTERIES
$19.41
BATTERIES
$54.95
DRY CHARGE 9ATTERY
$61.83
$136.09
TOOLS
$416.00
$416.00
TELEPHONE SERVICE
$17.95
TELEPHONE SERVICE
$16.04
TELEPHONE SERVICE
$1.05
TELEPHONE SERVICE
$233.70
TELEPHONE SERVICE
$8.51
TELEPHONE SERVICE
$11.07
TELEPHONE SERVICE
$424.22
$762*84
SNOWPLOW BLADES
$500.00
$500.00
VEHICLES SAFETY TESTED
%30.20
$30.20
STARTER REPAIR
$21.00
$21.00
GAS SERVICE
$61.63
GAS SERVICE
$111.50
GAS SERVICE
$106.05
GAS SERVICE
$121.10
PARKING SYSTEM DIVISION
NORTHERN ILLINOIS GAS CO. GAS SERVICE
SALLY REESE F, ASSOCIATES, INC. $157.63 $157.63
CLEAR ALUM. & CAPS $50.81 $50.81
PARKING SYSTEM DIVISION
***TOTAL**
VILLAGE OF MOUNT PROSPECT
PAGE 9
ACCOUNTS PAYABLE. APPROVAL REPORT
PAYMENT DkTF 1/05/83
VENDOR
PURCHASE DESCRIPTION
INVOICE AMOUNT
TOTAL
AND SEWER DEPARTMENT
GAS SERVICE
$47.34
NORTHWEST STATIONERS INC.
GAS SERVICE
OFFICE SUPPLIES
$205.44
$653.06
OLYMPIA
OLYMPIA DODGE OF DFS PLAINFSv INC.
WHEEL
$76.68
176.68
PETTY CASH - PUBLIC WORKS
TRAVEL9 SUPPL I ES
$19.21
$19.21
TRAVEL, SUPPLIES
$6.96
$8.41
TRAVEL? SUPPLIES
$25.50
TRAVEL? SUPPLIES
$2.70
TRAVEL? SUPPLIES
$4.00
TRAVEL? SUPPLIES
$1.76
POSTMASTER MT PROSPECT
TRAVELS SUPPLIES
METER READING CAkDS POSTAGE
$55.00
$134-33*
$359.81
BOX RENTAL
$26.00
WATER BILLS POSTAC,& PcRMIT
$401.48
SAM'S GLASS
BUSINFSS REPLY MAIL
$115.00
$902.29:x
TIRE CONNECTIONS INC.
TINTED WINDSHIELD
$114.16 $114.16
S114.I
UNITED VISUAL AIDSv INC.
TIRE REPAIR
RECORDER REPAIR
$34.52
$34.52
VANS ARTISTS DESIGNERS SUPPLIES
DFSIGN SUPPLIES
$20.00
i,20.00
HER_��ERT L. WEEKS
SAFFTY SHOE ALL9WANCE
$17.50
$17.50
2IF3ELL WATER SERVICE PRODUCTST 1 ,4 C
CLAM'PS9 BUSHING
$25.00
$25.00
$19624.30
$19624.30
WATER AND SEWER DEPARTMENT
*-'z*TOTAL**
$6t278.35
WATERWORKS & SEWERAGE - OEM
$69278.35
PARKING SYSTEM DIVISION
NORTHERN ILLINOIS GAS CO. GAS SERVICE
SALLY REESE F, ASSOCIATES, INC. $157.63 $157.63
CLEAR ALUM. & CAPS $50.81 $50.81
PARKING SYSTEM DIVISION
***TOTAL**
VILLAGE OF MOUNT PROSPECT " 10
ACCOUNTS PAYABLE APPROVAL REPORT
PAYMENT DATE 1/05/83
V ; nOQ PURCHASE DESCRIPTION INVOICE AMOUNT TOTAL
PARKI'N'G SYSTEM REVENUE FUND $208.44
livislin
-N-jSTPIFS
ENG. _UDPL TES
552..15
152-15
n> 17100
NI_ R L STs LT '-4 _N,' 11/`332
15.87S.76
6 .76
_ _
0. z -RP" t
SEPIA PAPCR
134.06
1"4.06
4C---
'0 AR 4 Er s _
LlRu;a
$100.67
f1low-,
_, A -L7 707i7c v a
ES
RIBRONS
e-75
$35.25
C,, -- C l�v=RS
122
C _ -'L ,LRLS19.co
:17.5-,
_ALT A'i CHRISTMAS LIGHTING $274.12 SZ7=
N TY ? C ^:�V_C,IFS ***TOTAL** £274.12
GPNERAL FUND
ALL `)EPARTMENTS TOTAL $349,136.79
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 13
OF THE VILLAGE CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the liquor classification "G", as set forth
in paragraph A of Article I of Chapter 13 of the Village Code
of Mount Prospect, as amended, be and the same is further amended
by deleting therefrom the restriction on months of the year the
specific liquor license is valid and to allow said Class "G"
liquor license to be valid for the entire license year, May 1
through April 30 of each license year; so that hereafter said
liquor license classification "G" shall be and read as follows:
Class "G" license, for issuance to park districts when
operated as a function of that district and not a
concession to a third party, which shall authorize the
licensee to sell and offer for sale at retail in the
premises specified in such license application for beer
and wine only for consumption on said premises. Said
license to be effective during the hours of eleven o'clock
(11:00) A.M. until ten o'clock (10:00) P.M. "
SECTION TWO: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication in
pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of 1 1982.
Village President
ATTEST:
Village Clerk
63 5 1B
ORDINANCE NO.
AN ORDINANCE TO ADD A NEW ARTICLE XVIII
ENTITLED "RESIDENTIAL LANDLORD AND TENANT
REGULATIONS" TO CHAPTER 23 OF THE VILLAGE
CODE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: A new Article XVIII entitled "Residential Landlord
and Tenant Regulations" is hereby added to Chapter 23 of the Village
Code of Mount Prospect, Illinois, 1981, to read as follows:
"ARTICLE XVIII
SECTION:
23.1801.
Purpose and Declaration of Policy
23.1802.
Scope
23.1803.
Definitions
23.1804.
Rental Agreements
23.1805.
Tenant Obligations
23.1806.
Landlord Obligations
23.1807.
Landlord Remedies
23.1808.
Tenant Remedies
23.1809.
Retaliatory Conduct
23.1810.
Condominium Conversion
23.1811.
Breach of Occupancy Rights
23.1812.
Civil Action by Village to Enforce Compliance
23..1813.
Inspections by village
23.1814.
License to Operate Multi -Family Rental Structures
23.1815.
Penalties.
23.1816.
Severability
23.1817.
Effective Date
Sec. 23.1801. Purpose and Declaration of Policy. it is the
purpose of this Article and the policy of the Village, in order to
protect and promote the public health, safety and welfare of its
citizens, to establish rights and obligations of the landlord and
the tenant in the rental of dwelling units in the Village and to
encourage the landlord and the tenant to maintain and improve the
quality of rental housing within the community. This Article shall
be liberally construed and applied to promote its purposes and
policies.
Sec. 23.1802. Scope.
A. Territorial Application: This Article applies to,
regulates and determines rights, obligations and remedies
under a rental agreement, wherever made, for a dwelling
unit, within a multi -family residence structure located
within the Village.
B. Exclusions: Unless created to avoid the application of
this Article, the following arrangements are not governed
herein:
1. Residence at a public or private medical, geriatric,
educational or religious institution;
2. occupancy under a contract of sale of a dwelling unit
if the occupant is the purchaser;
1
3. Residence in a residential care home as provided for
and approved by the Village pursuant to the procedures
established in Chapter 14 of the Village Code.
4. Transient occupancy in a hotel or motel.
S. Rental of a single family residence.
Sec. 23.1803. Definitions. As used in this Article:
ACTION:
Includes recoupment, counter -claim, setoff,
suit in equity, and any other proceeding in
which rights are determined, including an
action for possession and an action for
unpaid rent.
CODE.,
Includes any ordinance or governmental
regulation concerning fitness for
habitation, or the construction,
maintenance, operation, occupancy, use or
appearance of any premises or dwelling unit.
COMMON AREA:
Includes any part or area of the premises
not within any dwelling unit.
000000090r• ►,
Shall mean any dwelling unit under
individual ownership in a multi -unit
structure as provided in the Condominium
Property Act of the Revised Statutes of the
State of Illinois.
- 2 -
CONDOMINIUM ASSOCIATION:
Shall mean any organization or association
which governs the operation of common areas
or services for two or more condominiums.
Consists of one or more rooms in a structure
or portion thereof arranged, designed and
used as a residence or living quarters by
one or more persons who maintain a
household, and containing therein bathroom
anM kitchen facilities.
Shall mean the prevailing value of comparable
rental units in the Village.
Includes the owner, lessor or sublessor of the
dwelling unit or the building of which it is a
part. An owner is one or more persons, jointly
or severally in whom is vested all or part of the
legal title to the premises, or all or part of
the beneficial ownership and a right to present
use and enjoyment of the premises, including a
mortgage holder in possession.
ZRJ
Shall mean a building which contains three or
more dwelling units, of which at least fifty
percent (50%) are rental units.
PERSON:
Includes an individual or a corporation,
government, governmental subdivision or agency,
business trust, estate, trust, partnership or
association or any other legal or commercial
entity.
PREMISES:
A dwelling unit and the structure of which it is
a. part, and facilities and appurtenances therein,
and grounds, areas and facilities held out for
the use of tenants.
RENT-
Shall,mean all payments to be made to the
landlord under the rental agreement.
RENTAL AGREEMENT;
Shall mean all written agreements and valid rules
and regulations adopted under Section 23.18068
hereof embodying the terms and conditions
concerning the use and occupancy of a dwelling
unit and premises.
RENTAL UNIT:
Shall mean a dwelling unit in a multi -family
rental structure occupied or available for
occupancy by one or more persons, other than the
owner of record, under a rental agreement.
3
TENANT:
Shall mean a person entitled under a rental
agreement to occupy a rental unit to the
exclusion of others.
Sec. 23.1804. Rental Agreements.
A. Terms and Conditions.
1. The landlord and tenant may include in a rental
agreement terms and conditions not prohibited by this
Article and other rules of law, including rent, term
of the agreement and other provisions governing the
rights and obligations of the parties.
2. All rental agreements between landlords and tenants
must be in writing, dated and signed by both parties
with signed copies provided to both at the time of
signing.
3. Rent is to be payable without demand or notice at the
time and place agreed upon by the parties. Unless
otherwise agreed, rent is payable at the landlord's
place of business at the beginning of any term of one
month or less and otherwise in equal monthly
installments at the beginning of each month. Unless
otherwise agreed, rent shall be uniformly
apportionable from,day to day.
4. Unless the rental agreement fixes a definite term, the
tenancy shall be week -to -week in the case of a tenant
who pays weekly rent, and in all other cases
month-to-month.
B. Effect of Unsigned or Undelivered Agreement.
1. If the landlord does not sign and deliver a written
rental agreement, signed and delivered to him by the
tenant, acceptance of rent without reservation by the
landlord gives the rental agreement the same effect as
if it had been signed and delivered by the landlord,
for the term set forth in the rental agreement.
2. If the tenant does not sign and deliver a written
rental agreement, signed and delivered to him by the
landlord, acceptance of possession and payment of rent
without reservation gives the rental agreement the
same effect as if it had been signed and delivered by
the tenant.
C. Prohibited Provisions.
1. Except as otherwise provided by this Article, no
rental agreement may provide that the tenant or the
landlord:
a. Agrees to waive or to forego rights or remedies
under this Article.
b., Authorizes any person to confess judgment on a
claim arising out of the rental agreement;
C. Agrees to the limitation of any liability of the
landlord or tenant arising under law or to
indemnify the landlord or tenant for that
liability or the costs connected therewith.
-- 4 -
2. A provision prohibited by subsection I included in a
rental agreement is unenforceable. If a landlord
deliberately uses a rental agreement containing any
provision known by him to be prohibited, the tenant
may recover actual damages sustained by him and not
more than two (2) months rent and reasonable
attorney's fees.
3. If a court finds the rental agreement, or a settlement
in which a party waives or agrees to forego a claim or
right under this Article or under the rental
agreement, to have been unconscionable when made, the
court may grant the following relief:
2. Nonenforcement of the unconscionable provision
only; or
3. Limit the application of any provision to avoid
an unconscionable result.
D. Notice of Non -Renewal of Rental Agreement.
1. If the rental agreement will not be renewed or if a
month-to-month tenancy will be terminated, the
landlord shall notify the tenant in writing thirty
(30) days' prior to the termination date.
2. If the landlord fails to give the required written
notice, the tenant may remain in his rental unit for
thirty (30) days commencing on the date that the
written notice is received by the tenant. During su
period, the terms and conditions of the tenancy shal
be the same as the terms and conditions during the
month of tenancy immediately preceding the notice. I
E. Attachment of Article to Rental Agreement.
Following the effective date of this Article a copy thereof
shall be attached to each rental agreement delivered by or
on behalf of a landlord when any such agreement is
:presented for signing to any tenant whether such agreement
is for a new rental or a renewal thereof.
Sec. 23.1805. Tenant Obligations. The Tenant shall:
A. Comply with all obligations imposed upon tenants by
,provisions.of the codes applicable to the rental unit;
Keep that part of the premises that he occupies and uses as
safe as the condition of the premises permits;
C. Dispose from his rental unit all ashes, rubbish, garbage
and other waste in a clean and safe manner.
D. Keep all plumbing fixtures in the rental unit or used by
the tenant as clean as its condition permits;
E.. Use in a reasonable manner all electrical, plumbing,
sanitary, heating, ventilating, air conditioning and other
facilities and appliances, including elevators, in the
premises;
F. Not deliberately or negligently destroy, deface, damage,
impair or remove any part of the premises or rental unit or
knowingly permit any person to do so;
- 5 -
G. Conduct himself and require other persons on the premises
and within his unit wiCa his consent to conduct 'themselves
in a manner that will not disturb his neighbor's peaceful
enjoyment of the premises; and
H. Maintain his rental unit in a clean and sanitary condition
and provide for a general cleaning of the rental unit prior
to departure. (i.e., vacuum, clean appliances and plumbing
fixtures, patch nail holes).
I. Not unreasonably withhold consent to the landlord and the
Village of Mount Prospect to enter the rental unit in ord
to inspect the premises, make necessary or agreed repairs
decorations, alterations or improvementsr supply necessar
or agreed services or show the dwelling unit to prospectil
or actual purchasers, mortgageesr tenants or workmen.
J. Unless otherwise agreed, occupy his rental unit only as a
dwelling unit. I
Sec. 23.1806. Landlord Obligations.
A. Security Deposits or Prepaid Rent:
1. A landlord who receives a security deposit or prepaid
rent from a tenant must comply in full with the
provisions of the Illinois State Statutes which
provide that landlords must pay interest on security
deposits in developments with 25 or more rental units,
and within thirty (30) days after the end of each
twelve (12) month rental period, pay to the tenant any
T... interest by cash or credit to be applied to rent
due, except when the tenant is in default under the
terms of the rental agreement.
2. Upon termination of the tenancy, property or money
held by the landlord as security or prepaid rent may
be applied to the payment of accrued rent and the
amount of actual damages which the landlord has
suffered by reason of the tenant's noncompliance with
Section 23.1805, hereof, all as itemized by the
landlord in a written notice mailed to the tenant at
his last known address, or delivered personally to the
tenant,together with the amount due within thirty (30)
days after tenant has vacated his unit; such statement
to include copies of the actual cost receipts or of
the cost estimate, and to be signed by both landlord
and tenant. The routine decorating of an apartment
after departure (i.e., painting, shampooing, etc.)
shall not be charged to a security deposit provided
the tenant has complied with Section 23.1805, above.
3. Only upon written agreement by both landlord and
tenant may the security deposit be applied to rental
...obligation.
4. If the landlord fails to comply with the provisions
hereof, the tenant may recover the property and money
due him together with damages in an amount equal to
twice the amount wrongfully withheld and reasonable
attorney's fees.
5. This Section does not preclude the landlord or tenant
from recovering other damages to which he may be
entitled under this Article.
- 6 -
B. Rules and Regulations Regarding Rental Units.
1. The landlord from time to time, may adopt general
rules or regulations concerning the tenant's use and
occupancy of the premises. They are enforceable only
if:
a. Their purpose is to promote the convenience,
safety or welfare of the tenants in the premises,
preserve the landlord's property from abusive use
or make a fair distribution of services and
facilities among tenants;
b. They are reasonably related to the purpose for
which they are adopted;
C. They apply to all tenants in the premises in a
fair manner;
d. They are sufficiently explicit to fairly inform
the tenant of what he must or must not do to
comply;
e. They are not for the purpose of evading the
obligations of the landlord; and
f. The tenant has notice of them at the time he
enters into the rental agreement.
2. A rule or regulation adopted after the tenant enters
into the rental agreement that substantially modifies
his lease agreement is not enforceable unless the
tenant consents to it in writing or unless a change in
local State or Federal legislation requires the
regulation change.
C. Disclosure.
1. The landlord or any person authorized to enter into a
rental agreement on his behalf shall disclose to the
tenant in writing on or before the commencement of the
tenancy:
name, address and telephone number of tM
person authorized to manage the premises; ar's
b. The name and address of the owner of the premises
or the person authorized to act on behalf of the
owner for the purpose of service of process and
for the purpose of receiving notices and demands.
2. A person who fails to comply with Subsection 1 above
becomes an agent • each person who is a landlord •
a. . Service of process and receiving of notices and
demands; and
b. Performing the obligations of the landlord under
this Article and under the rental agreement and
expending or making available for that purpose
all rent collected from the premises.
3. The information required to be furnished by Subsection
1 above shall be kept current. Subsections 1 and 2
above extend to and are enforceable against any
successor landlord or manager.
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4. Before a tenant initially enters into or renews a
rental agreement for a rental unit, the landlord or
any person authorized to enter into a rental agreement
on his behalf shall disclose to the tenant in writing
any code violations which have been cited by the
Village for the rental unit on the premises. If the
landlord fails to comply with this Subsection 4, the
tenant may pursue the remedies provided in Sections
or _, of this Article.
D. Maintenance of Premises.
1. The landlord shall maintain the premises in
substantial compliance with the applicable codes of
the Village and shall promptly make any and all
repairs necessary to fulfill this obligation.
2. The landlord and tenant of any rental unit may agree
that the tenant is to perform specified repairs,
maintenance tasks, alterations or remodeling only
Z. The agreement of the parties is entered into in
good faith and not for the purpose of evading the
obligations of the landlord or tenant and is set
forth in a separate writing signed by the parties
and supported by adequate consideration; and
b. The agreement does not diminish or affect the
obligation of " the landlord to other tenants in
the premises.
E. Access to Rental Unit.
1. The landlord with consent of the tenant shall have the
right of access to the rental unit for the purposes
set forth in Section 23.1805 1.
2. The landlord shall not abuse the right of access to
the rental unit or use it to harass the tenant.
Except in case ' s, of emergency, the landlord shall give
the tenant at least two days' notice of his intent to
enter and may enter only at reasonable times.
The landlord may enter the rental unit without consenl
of the tenant in case of emergency. For purposes of
this provision the term "emergency" shall refer to a
situation wherein access to the rental unit is
necessary in order to prevent damage or destruction t#
the unit, or to the fixtures,,equipment, appliances,
furniture and other personal property contained
therein, or in order to protect any person from
injury, as a result of fire, explosion, water leakage,
floods, Intentional acts of damage or vandalism or
other casualty. Non-payment or delinquent payment of
rent shall not constitute an emergency.
;Totx�
1. Unless otherwise agreed, a landlord,who sells the
premises is relieved of liability under the rental
agreement and this Article for events occurring
subsequent to written notice to the tenant that the
sale has occurred. However, he remains liable to the
tenant for any property and money to which the tenant
is entitled under Section 1806A, of this Article and
all prepaid rent unless the tenant receives written
notice that such property, money and prepaid rent have
been transferred to the buyer, and that the buyer has
accepted liability for such property, money and
prepaid rent.
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2. Unless otherwise agreed, the manager of the premises
is relieved of liability and,,wr rental agreement
and this Article for events occurring after written
notice to the tenant of the termination of his
management.
G. Receipts.
Upon request of
written receipt
,ieposits,
cancelled check
the tenant a landlord must provide a
for any payment made (i.e., rent, securit
If payment is made by personal check, t
shall be considered a receipt. 1�
Sec. 23.1807. Landlord Remedies.
A. Breach of Rental Agreement.
1. If there is a material noncompliance by the tenant
with the rental agreement or with Section 23.1805, t
landlord may deliver written notice to the tenant
specifying the acts and omissions constituting the
breach and that the rental agreement will terminate
upon a date not less than fourteen (14) days after
receipt of the notice unless the breach is remedied
the tenant within the fourteen (14) day period.
2. If rent is unpaid when due, and the tenant fails to
pay the unpaid rent within five (5) days after writt
notice by the landlord of his intention to terminate
the rental agreement if the rent is not so paid, the
landlord may terminate the rental agreement.
3. Except as provided herein, the landlord may recover
damages and obtain injunctive relief for any
noncompliance by the tenant with the rental agreemen
or with Section 23.1805. If the tenant's
noncompliance is willful, the landlord may recover
reasonable attorney's fees.
4. if there is maXerial noncompliance by the tenant with
Section 23.1805, hereof, and the tenant fails to
comply as promptly as conditions permit in case of
emergency or within fourteen (14) days of receipt of
written notice by the. landlord specifying the breach
and requesting that the tenant remedy it within that
period of time, the landlord may enter the dwelling
unit and have the work done in a workmanlike manner
and submit a receipted bill from an appropriate
tradesman for the cost thereof as rent on the next day
when rent is due, or if the rental agreement has
terminated, for immediate payment, provided that the
landlord has fulfilled his affirmative obligations
under Section 23.1806 C and D.
5. If the,rental agreement is terminated, the landlord
may have a claim for possession and for rent and a
separate claim for damages for breach of the rental
agreement and reasonable attorney's fees, as provided
in paragraph 3, hereof.
B. Abandonment of Rental Unit - Sublease.
If the tenant abandons the rental unit, the landlord shall
make a good faith effort to rent it at a fair rental. Thi5
shall include the acceptance of reasonable subleases. If
the landlord succeeds in renting the rental unit at a fair
rental, the tenant shall be liable for the amount by which
the rent due from the date of abandonment to the
termination of the initial rental agreement exceeds the
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fair rental subsequently received by the landlord from the
date of abandonment to the termination of the initial
rental agreement. if the landlord makes a good faith
effort to rent the rental unit at a fair rental and is
unsuccessful, the tenant shall be liable for the rent due
for the period of the rental agreement. In either event,
the tenant shall be liable for the advertising expenses and
reasonable redecoration costs incurred by the landlord in
rerenting the rental unit.
C. Waiver of Right to Terminate.
Acceptance of tent with knowledge of a default by the
Mw
or acceptance of performance by the tenant that
varies from the terms of the rental agreement or rules or
regulations subsequently adopted by the landlord must be
confirmed in writing and signed by both parties and then
constitutes a waiver of the landlord's right to terminate
the rental agreement for that breach.
D. Disposition of Abandoned Propertz.
1. Where, following termination of the�rental agreement
(other than by order of a court of competent
jurisdiction) the tenant surrenders,or vacates the
rental unit or abandons the same, leaving behind
personal property which the landlord reasonably
believes that the tenant had abandoned, such property
shall be disposed of in the following manner:
a. A notice in writing shall be mailed or delivered
to the tenant at his last known address,
demanding that such property be removed by a
definite date (not less than 15 days after
delivery or mailing) and advising that if such
property is not so removed within the time
specified, that the property will be disposed of
by sale or otherwise.
b. if, following such notice, the property is not
removed within the time specified therein, the
landlord may destroy or otherwise dispose of that
property which he reasonably determines to be of
little or no saleable value, and may sell, at
public or private sale, or retain for his own
personal use that property having some value, in
which event the landlord may apply the sale
proceeds or the fair market value of property
retained against unpaid rent due and owing by the
tenants and the costs of staring and of
conducting the sale of the property, where
applicable, with the balance of sale proceeds or
retained fair market value to be held by the
landlord for the tenant for a period of six (6)
months.
C. If the tenant does not claim the proceeds within
six (6) months after the landlord has mailed or
delivered a written notice to him, then the
proceeds or retained fair market value shall
become the property of the landlord.
2. For purposes of this Section, "abandonment" shall mean
that the tenant has vacated the premises, and that his
rent is in default and that notice by the landlord to
terminate the rental agreement as provided in Section
23.1807.A has expired.
�1 �
3. After sending written notice, as provided in
subsection 1, the landlora shall store all personal
property of the tenant in a place of safe keeping and
shall exercise reasonable care of the property, but
shall not be responsible to the tenant for any loss
not caused by the landlord's deliberate or negligent
act or omission. The landlord may elect to store the
property in or about the previously vacated premises.
In such case, the storage shall not exceed
commercially reasonable storage rates. If the
tenant's property is removed to a commercial storage
company, the storage cost shall include the actual
charge for such storage and removal from the premises
to the place of storage.
4. After the landlord's notice under subsection 1, if the
tenant makes timely response in writing of his I
intention to remove the personal property from the
premises and does not do so within the time specified
in the landlord's notice or within thirty (30) days of
the delivery or mailing of the tenant's written
response or upon a mutually agreeable date (whichever
is later), it shall be conclusively presumed that he
has abandoned such property. In the event the tenant
removes the property after notice, the landlord shall
be entitled to the cost of storage for the period the
property has remained in his safekeeping.
5. Any public sale, authorized under the provisions of
this Section, shall be conducted pursuant to law in
such instances made and provided.
Sec. 23.1808. Tenant Remedies.
A. Breach of Rental Agreement.
1. If there is a material noncompliance by the landlord
with the rental agreement or with Section 23.1806 C
and D, the tenant may deliver a written notice to the
landlord specifying the breach and that the rental
agreement will: terminate on a date not less than forty
five (45) days after receipt of the notice if the
breach is not remedied in thirty (30) days. If the
breach -is not remedied by the landlord in thirty (30)
days, the rental agreement shall terminate as provided
in the notice. The tenant may not terminate for a
condition caused by the deliberate or negligent act or
omission of the tenant, a member of his family, or
other person on the premises with his consent.
2. Except as provided in this Article, the tenant may
recover damages and obtain injunctive relief for any
material noncompliance by the landlord with the rental
agreement, or with Section 23.1806 D. If the
landlord's noncompliance is willful, the tenant may
recover reasonable attorney's fees.
3. If the rental 'agreement is terminated, the landlord
shall return all security and interest recoverable by
the tenant under Section 23.1806 A, and all prepaid
rent.
B. Failure to Deliver Possession.
If the landlord fails to deliver possession of the rental
unit to the tenant in compliance with the rental agreement
and Section 23.1806 D. rent abates until possession is
delivered and the tenant may:
a. Upon at least five (5) days' written notice to
the landlord terminate the rental agreement and
upon termination the landlord shall return all
prepaid rent and security; or
b. Demand performance of the rental agreement by the
landlord and, if the tenant elects, maintain an
action for possession of the rental unit against
the landlord or any person wrongfully in
possession and recover the damages sustained by
him.
2. If a landlord's failure to deliver possession is
willful, an aggrieved person may recover from the
landlord, an amount not more than two (2) months' rent
or twice the actual damages sustained by him,
whichever is greater, and reasonable attorney's fees.
_'. Failure to Supply Essential Services.
1. if, contrary to the rental agreement, the landlord
fails to supply heat, running water, hot water,
electricity, gas or plumbing, the tenant may give
written notice to the landlord specifying the breach
and after such notice may:
a. Procure reasonable amounts of heat, running
water, hot water, electricity, gas or plumbing
during the pe riod of the landlord's noncompliance
avd deduct their cost from the rent;
b. Recover damages based upon the diminution in the
fair rental value of the rental unit and
reasonable attorney's fees; or
C. Procure substitute housing during the period of
the landlord's noncompliance, in which case the
tenant is excused from paying rent for the period
of the landlord's noncompliance. The tenant may
recover the cost of the reasonable value of the
substitut� housing up to an amount equal to the
monthly rent and reasonable attorney's fees.
A. If the tenant proceeds under this subparagraph C,
he may not proceed under any other sub -paragraphs
of this section, for that breach.
e. The tenant may not exercise his rights under this
Section if the condition was caused by the
inability of a utility supplier to provide
service or by the deliberate or negligent act or
omission of the tenant, a member of his family,
or other person on the premises with his consent.
Failureto Maintain Unit In Good Repair.
1. In addition to the provisions in this Section
pertaining to a failure of the landlord to supply
:essential services-, where the landlord breaches his
obligations to render the rental unit habitable and
maintain the same in good repair, the tentant shall
have the option to choose either of the following
remedies, but not both:
a. The tenant may recover damages for the breach
under Section 23.1808 A or where the reasonable
cost of compliance is less than one-half (1/2) of
the monthly rent, the tenant may notify the
.. 12 -
landlord in writing of his intention to correct
the condition at the landlord's exr�ense. If the
landlord fails to comply within fourteen (14)
days after being notified by the tenant in
writing or as promptly as conditions require in
case of emergency, the tenant may have the work
done in a workmanlike manner and, after
submitting to the landlord a receipted bill from
an aT - :)propriate tradesman, i.• from his rent
the amount thereof, provided, that the tenant has
fulfilled his affirmative obligations under
Section 23.1806.
b. Where the breach involves a code vfolation cited
by the Village the tenant may notify the landlord
in
• of his intention to withhold from the
monthlv rent an amount which reasonably reflects
the reduced value of the premises, but not
exceeding % of the monthly rent and to
deposit said amount, along with a non-refundable
• fee of $25.00 with the Village • Mount
Prospect. If the landlord fails to correct the
condition within fourteen (14) days after being
notified by the tenant in writing, the tenant
may, during the time such failure continues,
deduct from the rent the stated amount and
deposit it with the • which will hold the
same and use its best efforts to resolve the
• at which time the amount on deposit
less the filing fee, will •.f paid to the landlord.
2. A tenant may not repair at the landlord's expense or
withhold rent under this Section if the condition was
caused by the deliberate or negligent act or omission
of the tenant, a member of his family or other person
on the premises with his consent.
3. Before correcting a condition affecting facilities
shared by more than one dwelling unit, the tenant
shall notify all other tenants sharing such facilities
of his plans, and shall so arrange the work as to
create the least practicable inconvenience to the
other tenants.
E. Counterclaim to Action for Possession or Rent.
1. In an action for possession based upon nonpayment of
rent or in an action for rent where the tenant is in
possession, the tenant may counterclaim for any amount
which he may recover under the rental agreement or
this Article. In that event, the court may order the
tenant to pay into court all or part of the rent
accrued and thereafter accruing, and shall determine
the amount due to each party. The party to whom a net
amount isowed shall be paid first from the money paid
into court, and the balance by the other party. If no
rent remains due after application of this Section,
Judgment shall be entered for the tenant in the action
for possession. If the defense or counterclaim by
tenant is without merit, the landlord may recover
reasonable attorney's fees.
2. In an action for rent where the tenant is not in
possession, the tenant may counterclaim as provided in
Subsection 1, but the tenant is not required to pay
any rent into court.
- 13 -
F. Fire or Casualty Damage.
1. If the rental unit or premises are damaged or
destroyed by fire or casualty to an extent that
enjoyment of the rental unit is substantially
impaired, the tenant may:
a. Immediately vacate the premises and notify the
landlord in writing within fourteen (14) days
thereafter of his intention to terminate the
rental agreement, in which case the rental
agreement terminates as of the date of vacating;
or
b. if continued occupancy is lawful, vacate any part
of the rental unit rendered unusable by the fire
or casualty, in which case the tenant's liability
for rent is reduced in proportion to the diminu-
tion in the fair rental value of the rental unit;
or
C. Agree to accept alternate housing provided by the
landlord, if available.
k. If the rental agreement is terminated, the landlord
shall return all security recoverable under Section
23.1806 A, and all prepaid rent. Accounting for rent
in the event of termination or apportionment shall be
made as of the date of the fire or casualty.
3. A tenant may not exercise remedies in this Section if
the fire or casualty damage was caused by the
deliberate or negligent act or omission of the tenant,
a member of his family, or a person on the premises
with his consent.
Sec. 23.1809 Retaliatory Conduct.
A. Except as provided in this Section, a landlord may not
retaliate by increasing rent or decreasing services or by
bringing or threatening to bring action for possession or
by refusing to renew a rental agreement because the tenant
has:
1® Complained in good faith of a code violation to a
government agency charged with the responsibility for
the enforcement of such code;
2. Complained to the landlord of a violation under
Section 23.1806 C4 or D; or
3. Organized or become a member of a tenant association
or similar organization; or
4, Exercised.or..attempted to exercise any right or
enforce any remedy granted to him under this Article.
B. If the landlord acts in violation of Subsection A, the
tenant has a defense in any retaliatory action against him
for possession and is entitled to terminate the rental
agreement and in either case, recover an amount equal to
and not more than two (2) months' rent or twice the damages
sustained by him, whichever is greater and reasonable
attorney's fees., if the rental agreement is terminated,
the landlord shall return all. security and interest
recoverable under Section 23.1806A, and all prepaid rent.
Such conduct of a landlord subsequent to tenant activities
described above in Subsection A without justifiable cause
may be considered retaliation.
- 14 -
C. Nothwithstanding Subsection A and B, a landlord may bring
an action for possession if:
1. The violation of a code was caused primarily by lack
of care by the tenant, a member of his family or other
person on the premises with his consent; or
2. The tenant is in default in rent, other than a
purported default under Section 23.1808D.
Sec. 23.1810 Condominium Conversions.
Provisions of Article XVI of Chapter 23 of the Village.
Code regulating condominium sales that contradict, modify,
expand or limit rights of landlords or tenants established
under this Article shall prevail over the provisions of
this Article for leases entered into or renewed subsequent
to the effective date of said Article XVI, and which are
subject to the provisions of Article XVI.
Sec. 23.1811 Breach of occupancy Rights.
A. Unlawful Interruption of Tenant Occupancy by Landlord.
1. It is unlawful for any landlord or any person acting
at his direction to knowingly oust or dispossess or
attempt to oust or dispossess any tenant from a rental
unit without authority of law, by pluging, changing,
adding or removinganylock or latching device; or by
blocking any entrance into said unit; or by removing
any door or window from said unit; or by interfering
with the services to said unit, including, but not
limited to, electricity, gas, hot or cold water,
plumbing, heat, or telephone service; or by removing a
tenant's personal property from said unit; or by the
use of force or threat of violence, injury or force to
a tenant's person or property; or by any other act
rendering a rental unit or any part thereof or any
personal property located therein inaccessible or
uninhabitable.
2. Exclusions: The provisions of this Section shall not
apply where:
a. A landlord acts in compliance with the laws of
Illinois pertaining to forcible entry and
detainer and engages the Sheriff of Cook County
to forcibly evict a tenant or his personal
property; or
b. A landlord acts in compliance with the laws of
the State of Illinois pertaining to distress for
rent.provided that within five (5) days of taking
possession of tenant's property, the landlord
shows -evidence to the Village Manager that he has
filed an action with the Court to secure the
tenant's property in return for unpaid rent; or
c. 'A landlord acts pursuant to court order; or
d. A landlord interferes temporarily with possession
only as necessary to make needed repairs or
inspection and only as provided by law; or
e. The tenants with a right to possession of the
rental unit have been absent therefrom for thirty
(30) consecutive days without advising the
landlord of such absence or their intent to
return, current rent is thirty (30) or more days
overdue, and after diligent inquiry the landlord
- 15 -
has reason to believe that the tenants have
abandoned the premises and do not intend to
return.
3. Civil Remedy by Tenant. If a tenant in a civil legal
proceeding against his landlord establishes that a
violation of this Subsection has occurred he shall be
entitled to recover possession of his rental unit or
personal property and shall recover an amount equal to
not more than two (2) months' rent or twice the actual
damages sustained by him, whichever is greater, and
reasonable attorney's fees. A tenant may pursue any
civil remedy for violation of this Subsection
regardless of whether a fine has been entered against
the landlord pursuant to Subparagraph D.
4. - Tenant's Right to Terminate Rental Agreement.
If a landlord or any person acting at his direction
violates this Section the tenant shall have the right
to terminate the rental agreement by sending the
landlord written notice of his intention to terminate
within three (3) days of the violation. If the rental
agreement is terminated, the landlord shall return all
security deposits, prepaid rent and interest to the
tenant in accordance with Section 23.1806A.
B. Holdover of Occupancy by Tenant.
If the tenant remains in possession without the Landlord's
consent, after expiration of the term of the rental
agreement or its termination, the landlord may bring an
action for possession and if the tenant's holdover is
willful, the landlord in addition may recover an amount not
more than two (2) months' periodic rent or twice the
damages sustained by him, whichever is greater, and
reasonable attorney's fees. If the landlord consents to
the tenant's continued occupancy, Section 23.1804E applies.
C. , Abuse of Access by Landlord and Tenant.
1. If the tenant refuses to allow lawful access, the
landlord may obtain injunctive relief to compel access
or, terminate the rental agreement. In either case,
the landlord may recover damages and reasonable
attorneys' fees.
2. If the landlord makes an unlawful entry or a lawful
entry in an unreasonable manner or makes repeated
demands for entry otherwise lawful, but which have the
effect of harassing the tenant, the tenant may obtain
injunctive relief to prevent the recurrence of the
conduct,.or terminate the rental agreement. In each
case, the tenant may recover an amount equal to not
more than two (2) months,' rent or.twice the damages
sustained by him, whichever is greater, and reasonable
attorney's fees.
D. Fine I s for Violating Section.
Any person found guilty of violating this Section shall be
fined not less than Two Hundred Dollars ($200.00) nor more
than Five Hundred Dollars ($500.00), and each day that such
violation shall occur or continue shall constitute a
separate and distinct offense for which a fine as herein
provided shall be imposed.
- 16 -
Sec. 23.1812 Civil Action by Village to Enforce Compliance.
Whenever the Village Manager or his designee has reasonable
cause to believe that any landlord or tenant is engaged in
a pattern or practice of violating the provisions of this
Article, the Village, in addition to all other remedies
provided herein, may bring a civil action by filing a
complaint signed by the Village Manager, setting forth the
facts pertaining to such pattern or practice and requesting
such relief, including an application for a permanent or
temporary injunction, restraining order and damages as
hereinbefore provided against the landlord or tenant
responsible for such pattern or practice, as may be
necessary to ensure compliance with the provisions of this
Article and the full enjoyment of the rights herein
established.
Sec. 23.1813 Inspections by Village.
A. The Village Manager or his designee shall be authorized to
conduct regular inspections of rental units and common
areas of multi -family rental structures, which shall
include, but not be limited to: all hallways, stairways,
lobbies, utility rooms, laundry rooms, storage rooms,
recreation rooms, grounds, refuse areas, parking areas,
building extensions, signs and other areas designated as
common areas for the purpose of enforcing the provisions of
this Article and any other provision of the Village Code
applicable or pertaining thereto.
B. The Village Manager or his designee shall be authorized to
conduct inspections of rental units or common areas of
multi -family rental structures upon receipt of complaint(s)
of violations of the provisions of this Article or of any
other provision of the Village Code pertaining thereto, to
ensure compliance.
C. The Village Manager or his designee shall conduct
inspections of rental units or common areas of multi -family
rental structures pursuant to an application for a license
to operate a rental multiple dwelling structure and at
least annually prior to the issuance of any renewal license
to operate such a rental structure.
Sec. 23.1814 License to Operate Multi -Family Rental Structures.
A. License Required.
1., No person or association shall operate a rental
multiple -family dwelling structure unless he or it
holds a current, unrevoked operating license issued by
the Village of Mount Prospect in his or its name for
the specific named multiple dwelling.
.2. Every operating license shall be issued for a period
of one (1) year from its date of issuance unless
sooner revoked, and may be renewed for successive
annual periods.
3. No operating license shall be issued or renewed unless
the'applicant, owner, or operator has first made
application therefor on an application form provided
by the Village of Mount Prospect.
4. The Village Manager is hereby authorized upon
application therefor to investigate and to issue new
operating licenses, and renewals thereof, in the names
of applicant owners or operators of multiple family
dwellings. No such licenses shall be issued unless
- 17 -
the multiple dwelling in connection with which the
license is sought is found after inspection by the
Village Manager or his designee to meet all
requirements of the Village Code and of applicable
rules and regulations pursuant thereto. Each
applicant shall be notified by the Village manager in
advance of the date and time of such licensing
inspection.
5. Condominium and townhouse associations are exempt from
the licensing provisions of this Article, however,
individual owners may not be exempt should their
structure qualify as a multi -family rental structure
as defined herein.
B. License Fee.
No operating license shall be issued or renewed unless the
completed application form is accompanied by payment of an
annual license fee.
The annual fee for operating licenses for multiple family
dwellings shall be: $7.00 per dwelling unit.
C. Designation of Agent.
No operating license shall be issued or renewed for an
applicant unless such applicant has first designated an
agent for the receipt of service of complaints for
violations of the provisions of this Article or of the
Village Code and for service of process pursuant thereto
when said applicant is absent: from Mount Prospect for
thirty (30) or more days. Such a designation shall be made
in writing, and shall accompany each application form.
D. Renewal of License.
An application for renewal of an operating license shall be
made thirty (30) days prior to the expiration of the
present operating license.
E. Notice of Change in Ownership.
Each license shall be displayed in,a.conspicuous place
within the common ways of the multiple family dwelling.
Every person holding an operating license shall give notice
in writing to the Village Manager within twenty-four (24)
hours after having transferred or otherwise disposed of the
legal,,control of any licensed multiple family dwelling.
Such notice shall include the name and address of the
person or persons succeeding to the ownership or control of
such multiple family dwelling.
F. Suspension or Revocation of License.
1. Whenever, upon inspection of the licensed multiple
family dwelling, the Village Manager finds that
conditions or practices exist ,which ,are in violation
of thee -provisions of this Article or of any•of the
provisions of the Village Code or of any applicable
rules and regulations pursuant thereto, he shall serve
the owner or operator with notice of such violation or
violations. Such notice shall state that unless the
violations cited are corrected within a reasonable
time of not less than five (5) days except for
emergency situations, the operating license may be
suspended.
3. At the end of the time be has allowed for correction
of any violation cited, the Village Manager or his
duly authorized representative shall reinspect the
multiple dwelling, and if be determines that such
conditions have not been corrected, be may issue an
order suspending the operating license.
3. Any person whose license to operate a multiple family
dwelling has been suspended shall be entitled to seek
reconsideration of the suspension action by filing
with the Village Clerk, a petition requesting a
reconsideration hearing before the Village Board
within tire (5) days following the issuance of the
suspension ocdec. Upon receipt of said petition a
reconsideration hearing shall be scheduled to be held
before the Village Board at a date not more than
' fourteen (I4) days from the petition filing date.
Upon the hearing the Village Board may either:
a. confirm the suspension; or
b. increase the oospeoaioo;oz
C. decrease or rescind the suspension; or
d. revoke the operating license.
4. If no petition for reconsideration of a suspension
order is filed as provided above, then the suspension
order shall remain in effect until the violations in
question have been corrected, as determined by the
Village Manager upon inspection of the structure at
the request of the licensee, or until the expiration
of ]O days, whichever occurs first.
5, any license which is suspended pursuant to this
Section and wblob is not reinstated through correction
of the violations in question *ldzio a period of 30
days following the issuance of the suspension order
shall be forwarded to the Village Board by the Village
Manager for the purpose of being revoked.
Sec. 23.1815 Penalties.:
A. In addition to any other remedy or penalty specified
for a violation of any particular provision of this
Article, any -person violating any provision of this
Article shall, upon conviction be subject to a fine of
not more than one thousand dollars ($1,000.00) for
each offense; and a separate offense shall be deemed
committed on each day during or on which a violation
occurs or continues.,
B. Before filing a complaint in Court with respect to a
violation of this Article the Village Manager shall
deliver or mail a violation notice to the landlord,
operating licensee or other party designated to
receive notices and service of process on behalf of
such landlord or licensee requesting compliance.
. .
C. No 0m.pe�imJ as g. agent occoIIeotoc of
� 'tents of �any pc involved in any proceeding
because of violations or alleged violations of the
provisions of this Article shall be liable therefor if
such person shall within five (5) days after receipt
of notice of any alleged violation have notified the
owner or owners of the property or the employer of
such gecaoo of the purported violation or violations
of any provision or provisions of this Article in
writing, by registered United States mail, or
otherwise, and shall have delivered to the Village
Manager a copy of such notice with proof of service
thereof on the owner, owners or employer.
-l9-
Sec. 23.1816 Severability.
If any provision or part thereof of this Article is
declared by a Court of competent jurisdiction to be invalid
and of no further force and effect, such invalidity shall
not affect the remaining provisions of this Article which
shall remain in full force and effect.
Sec. 23.1817 Effective Date.
This Article shall apply to and govern every lease or
renewal thereof for a rental unit, as defined herein,
within the Village of Mount Prospect entered into or
i
renewed after the day of 1983."
SECTION TWO: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form in
accordance with law.
PASSED and APPROVED this day of
AYES:
NAYS:
ABSENT:
ATTEST:
Village Clerk
Village President
20 -
1 1983.
ZBA 47- 2
ORDINANCE NO.
AN ORDINANCE GRANTING SPECIFIED VARIATIONS
FOR PROPERTY COMMONLY KNOWN AS GIORDANO'S
PIZZA, AT 820 EAST RAND ROAD, IN THE VILLAGE
OF MOUNT PROSPECT, ILLINOIS
WHEREAS, America's Best Pizza, Inc. has filed an application
with respect to certain property,hereinafter described, located
at 820 East Rand Road, in the Village of Mount Prospect, Illinois,
and commonly known as Giordano's Pizza, seeking variations from
the yard requirements in the B-3 Business, Retail and Service
District to correct certain existing non -conforming encroach-
ments and uses within said yard areas; and
WHEREAS, the Subject Property is described as follows;
Lot 1 in Jojos Subdivision of Part of the North-
west 1/4 of the Southwest 1/4 of Section 35,
Township 42 North, Range 11, East of the Third
Principal Meridian, in Cook County, Illinois;
and
WHEREAS, Petitioners seek a variation from the transitional
front yard and minimum rear yard requirements of Section 14.2002.A
and C and from the uses permitted in a yard as defined in Section
14.2602.E "Yard" of Chapter 14 of the Village Code of Mount
Prospect, Illinois, to allow use of the 30 -foot transitional
front yard and 20 -foot rear yard for the existing building
encroachment and for off-street parking in the front yard,
and off-street truck loading and parking in the rear yard
and to further provide for an off -premises sign; and
WHEREAS, a public hearing was held on said variation re-
quest (designated as case No. ZBA-47-V-82) before the Zoning
Board of Appeals of the Village of Mount Prospect on the
4th day of November, 1982, pursuant to due and proper notice
1982;
thereoandf published in the Mount Pro . _set� 3e,ald, on October 18,
WHEREAS, the Zoning Board of Appeals has recommended that
the Board of Trustees of the Village of Mount Prospect grant
the variation requests; and
WHEREAS, the President and Board of Trustees of the Village
of Mount Prospect have determined that the requested variations
satisfy the standards set forth in Section 14.605 of Article
VI of Chapter 14 of the Village Code, and further find that
it would be in the best interests of the Village to grant to
the Petitioners the requested variations.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION ONE: The recitals set forth hereinabove are incorporated
herein as findings of fact by the President and Board of Trustees
of the Village of Mount Prospect.
ZBA 47-V-82 2 of 2
SECTION TWO: The President and Board of Trustees of the
Village of Mount Prospect do hereby grant to the property
hereinabove described the variations requested with respect
to Sections 14.2002.A and 1.4.2002.0 of Article XX and with
respect to Section 14.2602.B. "Yard" of Article XXVI of
Chapter 14 of the Village Code of Mount Prospect, Illinois,
for the purpose of allowing the continuation of an encroaching
architectural. projection of the existing building on the
premises and to allow off-street parking and related maneuvering
aisles in the front yard area and to allow off-street truck
loading and parking in the rear yard area; said variations to
be allowed for the continued use and operation of the premises
for resturant purposes, subject to landscaping and site
impyovement design proposals being submitted and accepted in
a form approved by the Director of Community Development.
SECTION THREE: 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 FOUR: This ordinance shall be in full force and effect
from and after its passage, approval and publication in
pamphlet form in the manner provided by law.
AYES:
NAYS:
004XVIZ
PASSED and APPROVED this __ day of
VillagePresident
ATTEST:
Village Clerk
1982.
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN ENCROACHMENT INTO
RIGHT-OF-WAY FOR PROPERTY LOCATED AT 406 W. CENTRAL ROAD
WHEREAS, Section 9.105 of Chapter 9, Article 1. of the Village
Code of the Village of Mount Prospect provides that by ordinance
exceptions to the prohibition on encroachments contained in said
Section may be allowed; and
WHEREAS, Howard A.Sellke (hereinafter referred to as "Owner"),
the owner of the parcel of property commonly known as
406 West Central Road in the Village of Mount Prospect (hereinafter
referred to as the "Subject Property") has requested the President
and Board of Trustees of the Village of Mount Prospect to allow
a portion of the building and roof -located on the Subject Property
to encroach onto the right -of -Way approximately three and one-half
inches (32"); and
WHEREAS, the President and Board of Trustees of the Village of
Mount Prospect have considered said request by Howard A. Sellke, and
have determined that it is appropriate to grant said request;
inasmuch as the Department of Transportation of the State of Illinois
did determine that granting such encroachment would not object to
the continuation of the encroachment; provided that the Owner of
the Subject Property executes the Indemnification and Hold Harmless
Agreement attached hereto and made a part hereof as Exhibit "A".
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the foregoing recitals incorporated herein as
though fully set forth.
SECTION TWO: Subject to the conditions set forth in SECTION THREE
hereafter, Owner of the premises of the Subject Property be, and is
hereby, authorized to allow the continuation of the existing
encroachment, as shown on the attached plan, which encroachment
is approx.imately three and one-half inches (31,j").
SECTION THREE: The authorization to encroach upon the right-of-way
granted to the Owner of the premises of the Subject Property as
set forth herein, legally described as:
Lot One in H. A. Sellke Resubdivision, being a resubdivision
of part of the West Half of the Southwest Quarter of
Section 34, Township 42 North, Range 11 East of the Third
Prinicipal Meridian, in the Village of Mount Prospect,
Cook County.
is conditioned upon Owner's execution of the Indemnification
Agreement in substantially the same form as Exhibit A hereto, which
Agreement shall be recorded with the Cook County Recorder of Deeds
or Registrar of Titles, whichever is applicable, and shall be binding
upon the Owner and the Owner's heirs, successors, assigns and
personal representatives and successor legal and beneficial owners
of the Subject Property.
SECTION FOUR: This ordinance shall be in full force and.effect from
and after its passage and approval in the manner provided by law
and recordation of a fully executed Indemnification Agreement,
Exhibit A hereto.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this _ day of _ , 1983.
ATTEST: Viliage resi en
V,11,-- Clerk
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
The undersigned, HOWARD A. SELLKE, for and in consideration of
the authorization given to the undersigned by Ordinance No. _,
passed and approved by the President and Board of Trustees of the
Village of Mount Prospect on -- 1 1983, to construct
and maintain an encroachment into public right-of-way of
approximately three and one-half inches (32") of the premises
of a parcel of real estate owned by the undersigned, legally
described as:
Lot One in H. A. Sellke Resubdivision, being a
Resubdivision of part of the West Half of the
Southwest Quarter of Section 34, Township 42 North,
Range 11 East of the Third Principal Meridian, in
the Village of Mount Prospect, Cook County, Illinois
commonly known as 406 West Cent --al Road, Mount Prospect, Illinois,
hereby agrees to defend, protect, indemnify and save and hold
harmless the Village of Mount P-rospect and each and every one of
its officers, agents, employees, servants, attorneys, successors
and assigns (hereinafter referred to collectively as the "Village")
if any person, firm or corporation shall assert or attempt to
assert any claim, demand, cause or causes of action or actions
against the Village for any expenses, injuries, damages or losses
of any kind or character whatsoever arising out of the encroachment
into the right-of-way on the Subject Property.
The undersigned agrees that this Indemnification Agreement
shall be binding upon any and all heirs, successors, assigns, and
personal representatives of the undersigned and any and all
successor legal and beneficial owners of the Subject Property.
WHEREAS, the undersigned, Howard A. Sellke has set his
hand and seal this day of 1983.
11-oward A. Sellke
SUBSRIBED and SWORN to
before me this day
of 1983.
Notary Public
ORDINANCE NO.
AN ORDINANCE REGARDING THE REMOVAL OF AN
EXISTING MUNICIPAL BUILDING AND THE EXPANSION
OF A MUNICIPAL PARKING LOT IN THE VILLAGE OF
MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: This Board finds and determines that the municipal
building located adjacent to the Villageloparking lot at the
northwest corner of Main Street and Busse Avenue, with a common
address of 33-35 South Main Street, and previously rented to
the V&G Printing Company is no longer necessary, required or
feasible for municipal purposes, and the same is therefore
surplus and shall be removed for the purpose of providing ad-
ditional and necessary area for the expansion of the adjacent
municipal parking lot.
SECTION TWO: The Village Manager is hereby authorized and
directed to undertake the necessary steps for removing the
building in question and for eliminating such building from
the tax rolls of the Cook County Collector.
SECTION THREE: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form in
accordance with law.
PASSED AND APPROVED this _ day of 198.
AYES:
NAYS:
ABSENT:
ATTEST:
VILLAGE CLERK
VILLAGE PRESIDENT
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH THE FOREST RIVER FIRE PROTECTION DISTRICT
WHEREAS, the Forest River Fire Protection District has asked
the Village of Mount Prospect to provide the services of
the Fire Department of the Village to said District during
1983; and
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 Village and of said District to enter into
an agreement with the terms and conditions set forth in
Exhibit "I" attached hereto for the provision of Village of
Mount Prospect Fire Department to service said District.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNT, ILLINOIS:
SECTION ONE: The President and Board of Trustees of the
VillageofMount Prospect be, and she is hereby, authorized
to execute and the Village Clerk to attest, the Agreement
by and between the village of mount Prospect and the Forest
River Fire Protection District which is attached hereto as
Exhibit "ill and incorporated herein by this reference.
SECTION TWO: This Resolution shall be in full force and
effectfromand after its passage and approval in the manner
provided by law.
AYES:
NAY S -.
ABSENT:
PASSED and APPROVED this day of
ATTEST:
Mayor
Village -Clerk
FOREST RIVER FIRE PROTECTION DISTRICT, A
MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO,
and
THE VILLAGE OF MOUNT PROSPECT, A
MUNICIPAL CORPORATION, COOK COUNTY, ILLINOIS, HERETO,
A G R E E M E N T
WHEREAS, the Village of Mount Prospect, hereinafter referred
to as "the Village," a municipal corporation organized under the laws
of the State -of Illinois and the Forest River Fire Protection District,
hereinafter referred to as "the District," a municipal corporation
organized under the laws of the State of Illinois, are municipal corp-
orations organized under the laws of the State of Illinois and as such
have the power under State law to enter into agreements for providing
fire protection; and
WHEREAS, -the Village is desirous of providing such services
to the District.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE VILLAGE AND
THE DISTRICT AS FOLLOWS:
1. That for the period beginning January 1, 1983 to
December 31, 1983, at 12:00 midnight said day, the Village shall furnish
all fire fighting, fire protection, fire prevention, and other emergency
services, including emergency ambulance service, by such volunteer or
paid on call and/or regular'firenjen available to the Village as the Fire
Chief of the Village shall determine, to the District for a certain area
as shown and outlined in orange on Exhibit I attached hereto and made
a part hereof.
2. Tnat for the period of time during which this agreement
shall be in full force and effect, the District agrees to pay and the
Village agrees to accept as full payment for said fire protection,-fire-
prevention
rotection,-fireprevention services, and emergency services that amount of monies
received from tax receipts collected during the period beginning
January 1, 1983, and ending December 31, 1983, less all costs of running
the said District including but not limited to all administrative legal
salaries and other expenses incurred.
a. It is understood that the District shall levy taxes
at the maximum rate authorized by statute without referendum;
and shall apply for and make all efforts to receive any
available state and/or federal aid to fire protection districts
as is now available or may be made available during the term
hereof; all such levies, however, shall be exclusive of the
amount of taxes levied for payment of the bonded indebtedness
of the District'which existed prior to the discontinuance of
the fire department of the District. It is understood that
the District will continue to levy and extend taxes upon the
taxable property in its territory for its proportionate share
of such bonded indebtedness of the District at the time of the
said discontinuance for the purpose of amortizing such bonds
until such time as sufficient funds to retire such bonds have
been collected.
b. The payments by the District to the Village shall be
made in the following manner;
W The sum of FIVE HUNDRED DOLLARS ($500.00) shall
be paid upon the execution of this agreement.
IM
(ii) The sum Of FIVE HUNDRED DOLLARS ($500-00) on
or before April 1, 1983,
(iii) The sum of FIVE HUNDRED DOLLARS ($500.00) on
or before July 1, 1983,
(iv) The balance remaining after all expenses have
been paid shall be paid on Or before December 31, 1983.
3. That the Fire Chief of the Village shall have the sole and
exclusive right, duty, and responsibility to prescribe the manner and
method Of giving the alarm for fire and/or other emergencies occurring
within the District's territory as outlined upon said Exhibit I,.,
4. That the Fire Chief of the Village or his authorized
representative shall have the sole and exclusive authority and responsi-
bility to dire6t and control any and all fire fighting, fire protection,
fire prevention, a nd other emergency operation carred on at the scene
of any alarm or emergency occurring within that territory of the District
shown upon the said Exhibit I.
5. That all fire fighting, fire protection, fire prevention
and other emergency procedures conducted under the provisions hereof
shall be conducted in accordance with the regulations of the Mount
Prospect Fire Department and the ordinances of the Village. Furthermore
the District agrees that within ten (10) days of the execution hereof,
it shall pass and approve ordinances identical in form and content to
the ordinances of the Village which deal with fire fighting, fire
protection, fire prevention, building construction as related to fire
safety, and other emergency procedures.
6. That all expenses and cost of maintaining equipment,
apparatus, salaries, insurance premiums, and any and all other items of
expenses connected with the several services contemplated herein to be
supplied by the Village to the District shall be borne by the Village.
-3-
The only expense falling upon the District shall be in the form of
the payments scheduled to be made hereinabove under Paragraph 2b.
7. That, within seven (7) days of receipt of notice of
annexation by any municipality of land and territory within its district
(as shown in orange upon the said Exhibit I hereto), the District shall
forward a copy of said notice (with the legal description contained
therein) to the Village by addressing same to the attention of the
Village Clerk
100 South Emerson
Mount Prospect, Illinois 60056.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their respective officers and have affixed
hereunto their respective corporate seals, all having been authorized
by the adoption of a suitable Resolutiqn passed and approved by each of
the respective parties hereto.
VILLAGE OF MOUNT PROSPECT
BY:
ATTEST:
Village Clerk
FOREST RIVER FIRE PROTECTION
DISTRICT
BY:
ATTEST:
-Cklt
Sec, re tary
DATED this 31st day of December, 1982.
-4-
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---MINUTES OF THE REGULAR MEETING OF THE
MOUNT PROSPECT PLANNING COMMISSION
DECEMBER 15, 1982
CALL TO ORDER
Chairman Hal Ross called the meeting to order at 8:00 P.M.
at the Village Hall, 100 S. Emerson Street, Mount Prospect, Illinois.
ROLL CALL
Present upon roll call: Tom Borrelli, Marie Caylor
Dee Corr Larry Hagan, Lynn Kloster,
Tom McGovern, Louis Velasco,
Don Weibel, Chairman Hal Ross
Also Present: Ken Fritz, Director of Community
Development, and Steve Park, Village
Planner
APPROVAL OF MINUTES
Tom Borrelli's motion for approval of the minutes of the
regular meeting of the Planning Commission held November 17, 1982,
was seconded by Larry Hagan. All members voted Ayes and
Chairman Ross declared the minutes approved.
SUBDIVISIONS
VEHE'S SUBDIVISION
The purpose of this plat of subdivision is to establish the
property into one lot of record. Following review of the
Village Engineer's report, Tom Borrelli moved for approval
and authorization for the Chairman and Secretary to sign the
plat. This motion, seconded by Larry Hagan, was then
unanimously approved by the Commission.
ST. RAYMOND DE PENAFORT'S RESUBDIVISION
The report of the Village Engineer was reviewed and no comments
or objections noted. Louis Velasco's motion for approval and
authorization for the Chairman and Secretary to sign the plat
was seconded by Marie Caylor. The Commission voted unanimously
for approval.
COMMITTEE REPORTS
None.
NEW BUSINESS
PUBLIC HEARING for Amendment to the Comprehensive Plan.
Chairman Ross opened the Public Hearing for the purpose of
considering requests to change the recommended use for
three parcels located within the Village limits.
322 North Wolf Road
Bernard Lee, attorney, represented the petitioners and outlined
their proposal to purchase this one acre parcel for the purpose
of remodeling the existing residence to provide offices for an
architectural firm. Currently the Comprehensive Plan provides
for single family residential use for this parcel. The
petitioners are requesting an Industrial/office classification.
Mr. Lee presented photos to show existing development and an
- 2 -
artists drawing of the proposed remodeling including the
addition of a parking area bordering the backyards of the
residences on the north side of Lowden Lane. He stated
that he had received letters from the property owners
adjacent to the south property line stating that they did
not object to the proposed development. In response to
questions from members of the Commission, Mr. Lee stated
that the petitioner was interested in office use for the
property, not industrial. None of the persons attending
the hearing expressed any objection to the proposed development.
Since the adjacent Bond School parcel was also the subject
of another Comprehensive Plan change request, Chairman Ross
agreed to Mr. Velasco's suggestion that the petitioners for
both parcels be heard prior to the Vommission acting on the
requests.
350 North Wolf Road
Ken Fritz, representing the Village Community Development
Department, presented the Village's petition to change the
recommended land use from institutional to industrial/office.
He explained that the District 26 School Board has proposed
to sell this school and the 8.1 acre sit on which it stands.
Ron Cassidy, President of the Wheeling Township School Trustees
who have legal title to the property, explained that the
property may be sold by means of an auction. He stated that
the Trustees had given their approval to hold this auction
and that he was aware of at least four prospective bidders,
two of them intending to use the property for schools and
offices.
Several residents from the immediate area stated that they
had no objection to the use or the property as a school or
office building. One resident stated that he though a
development similar to those in the Rauenhorst (Opus)
Industrial Park would also be acceptable. Tom McGovern
stated that he considered the public ownership and retention
as open or recreational space to be important for the future.
Louis Velasco stated that any industrial or commercial use
should be undesirable. It was noted that the Comprehensive
Plan recommends that the property remain dedicated to public
use, but alternatively that the school building itself could
be changed to an office use.
Larry Hagan moved that both of the parcels (322 and 350 Wolf Road)
be designated Industrial/Office in the Comprehensive Land Use
Plan with the text itself to specify office use only, not
industrial. Marie Caylor seconded the motion. The Commission
approved the motion with all members voting Ayes except
Tom McGovern. He requested that the record show that his Nay
vote represented his firm belief that the Commission should
not svpport the disposal of public lands.
1703-1759 W. Algonquin Road
In the petitioner's absence, Ken Fritz explained the proposal
to develop this property as a shopping center, noting that a
3
requested variance to allow an access road on the rear yiir( I i
would be forthcoming. The Comprehensive Plan use for the
property is multi -family and the requested change is to
commerical to conform to existing zoning.
Several residents of Crystal Towers, multi -family residential
complex abutting the proposed development, objected. to the
access road as well. as the shopping center itself which they
felt constituted. over -utilization of the space.
Lynn Kloster moved that the property retain its current
classification in the Comprehensive Plan and that the Village
proceed to re -zone it from its current B-3 classification
to a low density multi -family classification. Following
Don Weibel's second., the Commission voted 9-0 for approval
and Chairman Rosso declared the motion carried.
Chairman Ross then concluded the Public Hearing.
There being no further business to be brought to the
Commission's attention, Chairman Ross adjourned the meeting
at 10:25 P.M.
Respectfully submitted,
Don Weibel
Secretary
Village of Mount Prospect
Motint Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: TERRANCE L. BURGHARD, VILLAGE MANAGER
FROM: STEPHEN M. PARK, VILLAGE PLANNER
SUBJECT: ZBA-46-Z-82, RICHARD ROGERS
LOCATION: 322 NORTH WOLF ROAD
DATE: DECEMBER 28, 1982
The petitioner is requesting a rezoning from the R -X Single
Family District to the B-2 professional Office District in order
to develop an existing single family residence, located on a
lot slightly less than one acre, into business and professional
offices. The Zoning Board of Appeals considered this request
at its November 18, 1982 public hearing. The Zoning Board of
Appeals voted 5-0 against approval of this petition; primarily
due to the proposal being inconsistent with the adopted Compre-
hensive Plan. The staff recommended several site improvements
including street lights, sidewalk, parkway trees, on-site detention,
and relocation of the proposed parking area if the Board were to
endorse this proposal.
The Comprehensive Plan acknowledged the existing use of
the subject property and endorsed that continued single
family use. The Plan Commission considered the Comprehensive
Plan recommendation at its December 15, 1982 public hearing
and recommended that the Plan be Tnodified to office use
for this parcel. If the Board is inclined to grant the
subject petition, the Comprehensive Plan should be amended.
SMP: hg
Village of Mount Prospect
Mount Prospect, Illinois
"\7
INTEROFFICE MEMORANDUM
TO: TERRANCE L. BURGHARD, VILLAGE MANAGER
FROM: STEPHEN M. PARK, VILLAGE PLANNER
SUBJECT: PLAN COMMISSION RECOMMENDATION ON COMPREHENSIVE PLAN
DATE: DECEMBER 28, 1982
At their December 15, 1982 regular meeting, the Plan Commission
held a public hearing to consider three potential amendments
to the Comprehensive Plan. The three possible amendments were
located at: 1) 322 North Wolf Road, Single Family proposed to be
changed to Office/Industrial; 2) 350 North Wolf Road, Institutional
proposed to be changed to Industrial/office; 3) 1703-1759 West
Algonquin, low density Multiple Family proposed to be changed to
General/Commercial.
The Plan Commission recommended that Parcels 1 and 2 be designated
on the Comprehensive Land Use Plan for Office/Industrial with the
text to specify that only office use, not industrial, to be allowed.
The vote was 8-1 in favor of that recommendation with Mr. McGovern
voting against as he felt that the Commission should retain public
land.
For Parcel 3, the Plan Commission reco=.,..ended that the Village retain
the existing designation of low density multiple family, approximately
8 units per acre. The commission heard from several residents of
the Crystal Towers Subdivision that were opposed to the intensity
of the development and particularly to the location of the rear
access road. The developer was not present at the meeting, although
he was notified. The Commission voted 9-0 to recommend retention
of the current classification for this property and that the Village
should proceed to rezone it from its current B-3 classification to
a low density multiple family zoning district.
SMP:hg
11 . -1 V
1, the undersigned, Do Hereby Certify, that I am the Secretary of ..... -------- .,.y.?�).lage of Mount
1 inois
---------- --- ------ -------- .--.a corporation duly organized and existing under and
by virtue of the laws of the State of ...... and that as such officer I have
custody of the Records and Seal of said corporation; that at a meeting of the Board of Directors of said cor-
poration duly and regularly called and held in accordance with law and the By -Laws of said corporation,
on the....-------- 4t)iJanuary
.... .,.,,.day of,,,,, ...... ---------------- ., A. D. 19 ...... 8-3,
at which said meeting a majority and quorum of the Board of Directors of said corporation were present, the
following resolution was adopted by the affirmative vote of a majority of the whole Board of Directors of said
corporation, to -wit:
Be it Resolved, that the MOUNT PROSPECT STATE BANK be and hereby is designated a
depository in which the funds of this Corporation may be deposited by its officers, agents, and
employees, and that the.,,,,.,, -.,,,,,...,.Treasurer
............. ......
.......... ....... .......
shall be and each of them hereby is authorized to endorse for deposit or negotiation any and all checks,
drafts, notes, bills of exchange, and orders for the payment of money, either belonging to or coming
into the possession of this Corporation. Endorsements for deposit may be by the written or stamped
endorsement of the company without designation of the person making the endorsement.
Be It Further Resolved, thatxkx .... .__any --- two of the - following , . .............. ........
David J Pa v 1 e t i c h Marie Shep pard Michael Bryan Marjorie
jointly
..' ...........
(Titles of officers and/or other persons authorized to sign checks; e g,; President, Treasurer, etc.; also, please indicate in what
manner the above named officers are to sign—singly, any two, or jointly, etc )
of this Corporation (are) (is) authorized to SIGN ANY AND ALL CHECKS, DRAFTS, AND
ORDERS, including orders or directions in informal or letter form, against any funds at any time
standing to the credit of this Corporation with the said Bank, and/or against any account of this Cor-
poration with the said Bank, and that the said Bank hereby is authorized to honor any and all checks,
drafts and orders so signed, including those drawn to the individual order of any such officer and/or
other person signing the same, without further inquiry or regard to the authority of said officer(s)
and/or other person(s) or the use of said checks, drafts and orders, or the proceeds thereof.
President and Treasurer
Be It Further Resolved, that the..................... .. .......
............ .
(Please indicate in what manner the above named nfflccrs are to sign ---singly, any two, or jointly. ttc,J
of this Corporation (are) (is) authorized to borrow from time to time on behalf of this Corporation
from the said Bank such sums of money for such times and upon such terms as may to them, or any of
them, seem advisable, and to execute in the name of the Corporation notes, drafts, or agreements for
the re -payment of any sums so borrowed, and they and each of them are hereby authorized to discount
with the said Bank any of the notes, bills receivable or acceptances held by this Corporation upon such
terms as they may deem advisable and to pledge or hypothecate as security to said Bank any of the
notes, bonds, stocks, bills receivable, warehouse receipts and/or other documents, accounts, securities
and/or property of the Corporation, and to execute and deliver any and all endorsements or instru-
ments of assignment or transfer which may be necessary or proper in such cases effectually to transfer
to the said Bank the property so hypothecated or delivered; and to act for this corporation in the trans-
action of all other business for its account with the Mount Prospect State Bank.
Be It Further Resolved, that each of the foregoing resolutions shall continue in force until express
written notice of its rescission or modification has been received by the said Bank, but if the authority
contained in them should be revoked or terminated by operation of law without such notice, it is
resolved and hereby agreed for the purpose of inducing the said Bank to act thereunder, that the said
Bank shall be saved harmless from any loss suffered or liability incurred by it in so acting after such
revocation or termination without such notice,
Be It Further Resolved, that,,,,,,,... ,,,Carol A. Fields, Secretary
-------------------
the Secretary of this company, shall file with the Mount Prospect State Bank a certified copy of this
resolution under the seal of the corporation, and shall also file with said Mount Prospect State Bank
a list of the persons who are at the present time officers of this corporation,
And I Do Further Certify, that the above and foregoing resolution is a true and correct copy of the same,
as it appears in the minutes of said Corporation, and that the same has not been altered, amended or repeated
and is now in full force and effect.
I Further Certify that the following named persons are the officers of the said Corporation, duly qualified
and now acting as such:
President-, ,.,,.Carolyn H. Krause
Vice President_ ----- ........... ....................
Vice President................................. ...........
.............. Carol A. Fields
.....
Treasurer ----------- ._A?:qhard L.-Jee
-------s---s_ ----------
Asst. Secretary .... .......... __ - ... ..... .............
Asst. Treasurer ... ......... ____ ........ _ ......
In Witness Whereof, I have hereunto subscribed my name and affixed the seat of the said Corporation,
this ------ 4 . th ... _ day of ..............January-.,.....,....-............, . A. D- 19-813
SEAL
IMPORTANT: Secretary.
Imprint Seal of
Corporation Here.
VILLAGE OF MOUNT PROSPECT
ILLINOIS
INTEROFFICE MEMORANDUM
TO, Terrance L. Burghard, Village manager
FROM Lawrence A. Pairitz, Fire Chief
Date: December 27, 1982
Subject:1960 ALF Ladder Truck
With the recent acquisition of the new FMC ladder truck, the 1960
American LaFrance is of no longer use to the Village,
I recommend that the vehicle be disposed of through competitive
bidding on February 16, 1983, at 10:00 A.M.
Lawrence A. Pairitz
Fire Chief
LAP/mh
Att.
ORDINANCE
AN ORDINANCE, AUTHORIZING THE SALE OF SPECIFIED
PERSONAL PROPERTY OWNED BY THE VILLAGE, OF MOUNT PROSPECT
WHEREAS, in the opinion of at least three-fourths of the corporate authorities of the
Village of Mount Prospect, it is no longer necessary or useful to or for the best
interests of the Village of Mount Prospect, to retain ownership of the personal
property hereinafter described; and
WHEREAS, it has been determined by the President and Board of Trustees of
the Village of Mount Prospect to sell said personal property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That, pursuant to Section 11-76-4 of the Illinois municipal Code,
111. Rev. Stat., Chapter 24, Section 11-76-4, the President and Board of Trustees
of the Village of Mount Prospect find. that the following described property:
One (1) 1960 American LaFrance "Quint", 100' Aerial Ladder Truck
8 cylinder diesel
Serial N 448
now owned by the Village of Mount Prospect, is no longer necessary or useful to
the Village of Mount Prospect and the best interests of the Village of Mount
Prospect will be served by its sale.
SECTION TWO: That, pursuant to said Section 11-76-4r the village Manager
is hereby authorized and directed to sell the aforementioned personal property
now owned by the Village of Mount Prospect, to the highest bidder therefor.
Said sale shall be conducted through the receipt of sealed bids.
SECTION THREE: That, the Village Manager is hereby authorized and directed
to advertise the sale of the aforementioned personal property in a newspaper
published withing the community and/or other fire service related publications
not less than ten (10) days before the date of said bid opening.
SECTION FOUR: That, the Village of Mount Prospect reserves the right to
reject any and all bids.
SECTION FIVE: That, the Village Manager is hereby authorized and directed
to enter into an agreement for the said sale of said personal property which
shall be advertised for by publishing the following notice at least once in the
Daily Herald and fire service related publications, which notice shall be in
substantially the following form:
"NOTICE TO BIDDERS"
The Village of Mount Prospect is accepting bids for the sale of one 1960 American
LaFrance 100 ft. "Quint—aerial ladder truck. The truck was recently repowered
with a Detroit diesel engine. This truck is equipped with a 1000 GPM ALF pump
and full compliment of ground ladders. Structural repairs are necessary on the aerial
ladder for which engineering reports are available.
Bids will be accepted until 10.00 A.M. on Wednesday, February 16, 1983 in the
office of the Village Manager, Village of Mount Prospect, 100 South -Emerson
Street, Mount Prospect, Illinois, 60056.
Bid envelopes shall be marked "Ladder truck Bid". The Village reserves the right
to accept or reject any bid.
Further information can be provided from the office of the Fire Chief,
112 East Northwest Highway, Mount Prospect, Illinois, 60056 or phone
(312) 392-6000, Ext. 165.
By Order of the President and Board of Trustees, village of mount
Prospect.
Carolyn H. Krause, Village President"
SECTION SIX: That upon payment of the full price, the Village Manager is
hereby authorized and directed to convey and transfer title to the aforesaid
personal property, to the successful bidder.
SECTION SEVEN: That this Ordinance shall be in full force and effect from
and after its passage (by a vote of at least three-fourths of the corporate
authorities), approval and publication in the manner provided by law.
PASSED this day of 198
AYES:
NAYS:
ABSENT:
APPROVED this DAY OF 198
ATTEST: Village President
Village O ` Mount Prospect
Mount Prospect, U|inob
INTEROFFICE MEMORANDUM
TO: Herb weeks
FROM; Fred Tennyson
DATE: December 28, 1982
SUBJECT: Final Payment for Northwest Highway Traffic Lights and
Resurfacing Program
Attached is the final IIIioios Department of Transportation
invoice for the mortb~est Highway Traffic Light Improvement
and Road Resurfacing Program. This invoice includes the final
costs for the improvement of the traffic signals on Northwest
Highway at the intersections of Central ad., Route 83, Emerson St~,
-and Mt. Prospect Rd.. This in -voice also includes a request for
payment for parking lanes along the north side mf,Nmrtb,weot Hwy.
form Albert St, to o*eo St,.
This request is based on an agreement dated June 10, 7977,
between zoO± and the Village of Mount Prospect (seeattachment).
The agreement indicates that the Village is responsible for new
parking lanes which are added to the project. The agreement also
states that the cost of resurfacing an existing parking lane
shall be borne 100% by the nilIagq. According to the drawings
made by the Illinois Department of Transportation, the existing
parking lanes from Albert St. to ooeo St. were scheduled to be
replaced and therefore, shall be paid for. by the Village
The Village Board of Trustees passed a resolution for ¢70,217,00
for the construction of this project. With the additional parking
lane expenses the total cost for the Village is V80,180.28, To
complete the documentation for this project the Village Board of
Trustees needs to pass a supplemental resolution for $9,963.28.
STATE OF UJMOIS Construction
ET N FOR IMPROVEMENT BY MUNICIPALITY
-THE ILLINOIS HIGHWAY CODE
BE IT RESOLVED, bytba Ma or and Seward 'of Trustees the
. Cowxa or Yrmidmt wad Band d Trortew
Village Af Mount Prospect IIIinois
City. Town, a Vd(MW a" .
that the following described street(s) be improved under the Illinois Highway Code:
BE IT FURTHER RESOLVED,
1. That the proposed improvement consist aff_jc1 i n a 1 #
Centrai Road. Flout $ r aES e p r 0 ,n
Northwest H' hw from
constructs+ feet wide
and shall be desited as ection 80 -00071 -00 -TL
C,g,
2. That there is hereby ap�riated the sumo " nine thousand nine hundred sixt-three
xxxxxxxxxx DoU= ($_ 9.963.28 ) for the
improvement of said section m the municipality's,aliotment of Motor Fuel Tax, funds.
3. That said wor'a shall be done and,
W—, --city Coatrza or Day d.4)3ar)
BE 1T FURTHER RESOLVED, that the ';Clerk is hereby directed to transmit two certified copies. of this.resolution to the
districtJregional office of the Department of Transportation.
APPRU'FtEp � I,
Mrs. (Cky. Town, m VMavJ
in and for th (.
City, Tows. Cr VO&W)
County o , hereby Certify the foregoing
to be a true, perfect and complete copy of a resolution adopted by the—
Mayor
heMa orand Board of Trustees
- a meeting on
. (Coaa34 ar Preidmt and Rcard of Ttosem) .. ,.
19____,
IN TESTIMONY WHEREOF, I have bereunto set my hand and seal this
} D strict/Regioml Eagiae.r day o A.D. 19—:
(SEAL)
(Cita Town, a VCC�t)
. - Form SLR 414
(R—. 12-73)
MONDAY
TUESDAY
OEDNESDAY
THURSDAY
FRIDAY SATURDAY
0
0
0
1
00--G)
I
Safety C�y�ssion
1 > 1
Board of Trustees
i,
`f
Planning Commissio
Coffee With Electe`
7
'`
1��
Officials
t3 P.M.
8:00 P.M.*
8:00 P.M.
10:00 - Noon
NWMC
Village Hal, Open
I.P.B.C. 9:00 A.M.
9:00 - Noon
Mt Prospect Police
3
Blood Drawing
Limited Services Only
Explorers 7:30 P.M.*
E.S.D.A. Meeting 7:30PM
3:00 — 8:00 **
Mt Prospect Police
Explorers 7:30 P.M.*
Committee of the
�� i
Business �
1�
,
Whole 7:30 P.M.*
j
r•
District Development
NWMC
NWh,CI
& Redevelopment Comm.
NWMC
Health Directors 10:30
AM
7:30 P.M.
Cable TV/Pplice
10:00 AA
Intergovermental Comm,
Ilj
3:00 P.M.
Senior Citizen Advisory
Finance Conmission
-Council 10.00 A.M,**
E.S.D.A. Meeting 7.30PM*
*7:30
17
e Board of Trustees
8:00 P.M.*
10
Planning Commission,
20 i
�'
8:00 P.M.
NWMC
Public Works Directors
2:00 P.M.
Mt Prospect Police
}
l0 7 30
*
E.S.D.A. Meetinq 7:30PM*
24252
Committee of the
Zoning Board of
27
2
Whole 7:30 P.M.
Appeals 8:00
P.M.*
Mt Prospect Police
Senior Citizen Advisory
R—lorpra*
_ M **
E.S_D.A. Meeting 7:30PM*
*
111
SPECIAL NOTICE
February 5, 1983 February 5,
1983
Room, 2nd floor
Q9
Village Hall Open Coffee With
Elected
All meetings
will be held in the Trustees`
Village
Hall, 100 South Emerson Street, unless otherwise
noted.
9:00
- Noon Officials
10:00 - Noon
*
Board Room, 2nd floor, 112 E. Northwest Highway
Limited Services
**
Senior Citizen Center, 50 S. Emerson Street
***
Lunch Room, Lower Level, Village Hall