HomeMy WebLinkAbout0230_001MINUTES
COMMITTEE OF THE WHOLE
AUGUST 14, 1990
The meeting was called to order at 7:30 p.m. Present at the meeting were:
Mayor Gerald L Farley; Trustees Ralph Arthur, Mark Busse, Timothy Corcoran,
Leo Floros, George Van Geem and Theodore Wattenberg. Also present at the
meeting were: Village Manager John Fulton Dixon, Assistant Village Manager
John Burg, Public Works Director Herb Weeks, Police Chief Ronald Pavlock,
Human Services Administrator Nancy Morgan, Human. Services Assistant
Administrator Jan Abernethy, three members of the press and five persons in the
audience.
IL MINUTES
Trustee Wattenberg requested an addition to the July 24, 1990 Minutes,
specifically, Section VI, Liquor Ordinance Changes. He noted that he had asked
staff to use the resources of the NWMC for additional research on this issue.
With this Amendment, the Minutes of the Committee of the Whole meeting of
July 24, 1990 were accepted and filed.
Steve Ward, of Two North Pine Street, requested reimbursement of legal fees
incurred related to the building construction problems next to his property. He
was upset because he felt that nothing had been done since this problem began
283 days ago. Village Manager Dixon noted that further information had been
requested to substantiate the legal fees and the value of the rugs. Trustee
Corcoran noted that he had requested further detail on the attorneys' fees. He
said that attorneys normally keep very accurate minute.by-minute records of
services they have performed. He said it is not unreasonable to ask for this
detail. Mr. Ward said it would be difficult to reconstruct this information. After
further discussion, Mr. Ward was asked to provide additional detail on the
attorneys' fees, and he was told this item would be taken up at the August 21
Board meeting. Mrs. Ward also voiced her concern about this situation.
10
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Village Manager Dixon reported that a Public Information Meeting will be held
at River Trails Junior High School, at 7:30 p.m., on September 19, to allow
residents to voice their opinion regarding the possible purchase of the Citizens'
Utilities system. There was a short discussion about whether the Village should
authorize Greeley and Hansen to proceed with cost, water quality and other
studies at this time.
Trustees Busse and Wattenberg felt that Greeley and Hansen should be authorized
to proceed with these studies. Mayor Farley suggested that the Village should
wait until we hear how Prospect Heights intends to proceed. The consensus was
to wait until this information is available before making a 'decision on whether to
authorize Greeley and Hansen to perform these studies.
CRIME STM1STXd5X9KS=QN
In response to a request by Trustee Wattenberg, the Committee discussed the
issue of Crime Statistics and Prevention. Trustee Wattenberg would like to see
information about criminals and their punishment publicized in local papers.
Police Chief Pavlock said it is up to the editorial discretion of the local
newspapers to decide whether crime statistics are printed. He said the Village
had approximately 6,000 arrests last year. As a result, the newspapers must be
selective about what they print. He also said they cannot print any information
on juveniles.
Trustee Wattenberg suggested placing a watch dog in our Courts. He said he is
not talking about minor crimes but rather about major crimes such as multiple
home invasions. He felt the Village should hire someone for a six-month trial
period to follow up on the convictions.
There was no support to hire someone to be a watch dog of the Court. However,
it was suggested that a standing Village Committee, such as the Recycling
Commission, be established to handle this situation. Trustee Wattenberg was
asked to Chair this Committee and to seek the necessary volunteers.
Human Services Administrator Nancy Morgan explained the problems with the
current Discount Taxi Program. She noted that the seniors are basically getting
poor service due to the fact that the taxi companies are subsidizing the rides.
Ms. Morgan recommended that the Village go to a metered rate with the Village
paying 40% and the rider paying 60% of the metered fare up to a maximum $3.00
contribution by the Village.; She said a,survey was conducted and 83% were in
favor of this 40/60 program.
-2-
The Committee asked numerous questions about the proposed Amendment to the
Discount Taxi Program. The Committee felt that a 50150 split would make it
much easier for the seniors to calculate the payment they would have to make.
There was unanimous consensus to prepare an Ordinance to Amend the Discount
Taxi Program to provide a 50150 split on the metered fare with a maximum
payment of $3.00 by the Village. Mayor Farley asked staff to prepare a report
on the transportation needs of the community.
U
n 0-MMET-H."T
The Committee carefully reviewed the Melas, Park Agreement as revised by the
Village staff and Village attorney. The Committee made various changes to the
Agreement- The Committee then asked staff to send the revised Melas Park
Agreement to the Park Districts for their review. It was noted that the various
Boards can get together at a later date to work out the final Agreement.
............
Village Manager Dixon explained the recommendations of the Safety Commission
regarding signage on Prospect Avenue and the collection boxes. Trustee Busse
refrained from participating in this portion of the meeting for what may be
perceived by the public as a conflict of interest. Trustee Corcoran asked what fee
would be appropriate. Trustee Van Geem suggested $2.00 per day. The
Committee asked that an Ordinance be prepared including a $2.00 daily fee for
parking on Prospect Avenue and put up the appropriate signage as recommended
by the Safety Commission. The Committee noted that paid parking spaces should
be put only up to Edward Street for the time being to see what the demand is.
Village Manager Dixon outlined the request by the owners of Sam's Place at 15
West Prospect Avenue to have an outdoor cafe on the sidewalk in front of their
building. Manager Dixon suggested this could be done on a trial basis and that
the hours should be extended until 9:30 p.m. to be consistent with what will be
allowed for beer gardens next year. There appeared to be support for this
concept. Staff was advised to place a Resolution on the August 21 Agenda.
1. Village Manager Dixon said that the JAWA system was struck by lightning
on Saturday. The repairs are almost completed.
2. Manager Dixon reported that the Street Program is almost completed. There
is landscaping still to be done. He said the Boxwood Drive Project has been
delayed a few weeks.
-3.
XI.
Trustee Van Geem requested that one item be added to the Deferred Items list.
He wants to have a discussion with the Recycling Commission regarding how we
dispose of old paint and solvents.
Trustee Corcoran noted that he and Trustee Van Geem recently went to the
Boxwood area where he saw a Police Officer do a Walk and Talk. He said this
was an excellent job of public relations. He said that at a previous Coffee with
Council he had invited some of the people living in the Boxwood area to a later
Coffee with Council meeting to discuss the various problems they had been having
in the area. He said no one showed, up at the most recent Coffee with Council.
He interpreted this as a pat on the back for the Police Department which has
addressed the problems in that area.
XII.
At 10:05 p.m.,, the meeting was adjourned.
Respectfully submitted,
,JOHN P. BURG
JPB jrcw Assistant Village Manager
-4-
VIL AGE OF MOUNT PROS`I'ECT
PLANNING AND ZONING DEPARTMENT
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John F. Dixon, Village Manager W
FROM: David M. Clements, Director of Planning & Zoning
DATE: August 21, 1990
SUBJECT: Recommendation to Increase the Maximum Loan in the Village's Single -
Family Housing Rehabilitation to $25,000.
In 4981, the Village Board approved the initiation of a single-family housing rehabilitation
loan program utilizing Community Development Block Grant funds. The purpose of the
program is to assist lower, income home owners in making needed repairs and
weatherization improvements to their residence. Upon completion of the work, all housing
code violations must be corrected. Over the past nine years, the Village has made 80 loans,
totalling over $840,000.
In the past six years, staff has noticed a significant increase in the cost of repairing eligible
homes. Over the first five years of this program, the average loan was just over $8,000.
Now the average of all of our loans is just over $10,500 and many of our loans are now
reaching the $15,000 maximum limit. We now have two applicants whose loans will exceed
$20,000 when all required repairs are made. Staff believes there are two reasons for the
significant increase in individual loans, inflation and the aging of our housing stock.
At the present time, there are adequate funds in the single-family housing rehabilitation
loan program to support this maximum loan increase. Funding comes from an annual
Community Development Block Grant and the repayment of loans. We believe this
combination will provide sufficient funding for future loan applicants if current application
trends and repayments continue.
MES: cl
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM I= cm USA
TO: Village Manager
FROM: Deputy Director Public Works
date; August 20, 1990
SUBJ: Multifamily Recycling
In this year's budget $20,000 was allocated to do a pilot recy-
cling program within our multifamily residences. original plans
called for purchasing special containers, igloos, for placement
at central areas within a multifamily complex. This would have
required a separate container for each item recycled and would
have also required the use of special equipment for collection
and dumping of the materials.
Since that time, I have had a chance to review several other
options with our scavenger B.F.I. Based an those findings and
with the Recycling Commission's review and approval, I propose
the following as a recycling program for the Village's
multifamily residents.
We currently have 8,390 multifamily units within the village.
90% of these units are located within multistory buildings. The
remaining 10% are in either single or two story buildings with
front, or rear doors directly accessible to either a Village
curb or parking lot curb area. It is therefore very easy and
most economical to just add these units to the regular curbside
program. Attached is a list of the 801 units that could be
added with little or no trouble. I have also had conversations
with a number of these landlords, tenants and/or homeowner asso-
ciations, all of whom are anxious to participate.
The costs associated with adding these 801 units would be:
$3,600 for bins; $600 for printing and postage; and an annual
increase of $10,700 to the recycling fees paid to BFI based on
$1.11 per unit, per month.
The remaining multifamily complexes would be set up with regular
1 to 3 yard dumpsters. These dumpsters would be specially paint-
ed and marked and all recyclables would be dumped or commingled
into the one dumpster. All the recycling dumpsters would be
picked up by a regular BFI garbage truck, used for recyclables
only, and hauled to BFI's new location in Palatine where the
commingled recyclables would be sorted and processed for sell-
ing. The cost for this service would be based on a per dumpster
basis and has yet to be established.
Both the Recycling Commission and I believe this is the most
economical approach for our higher density multifamily complex-
es. It eliminates the need for multiple containers where space
is at a premium and it also eliminates the potential problem of
mixed recyclables, even though separate containers would have
been provided.
This phase of the proposed multifamily recycling is not avail-
able until BFI completes the building of their new facility in
Palatine. Plans and contracts have just been finalized and
awarded, with the ground breaking schedule in the very near
future. Most likely they will not be in operation until after
the lst of the year.
The Recycling Commission requests that this item be placed an
the first available Village Board agenda, August 28th if possi-
ble, at which time they would make a brief presentation to the
Mayor and Board of Trustees requesting their approval to proceed.
Glen R. Andler
GRA/eh
CC: Recycling Commissioners
Herbert L. Weeks
Lisa Angell
August 15, 1990
MULTI -FAMILY PROPOSED RECYCLING
Units
Peck's Subdivision
Kenilworth - 1 bldg. - 8 units =
Prospect Ave. - 5 bldgs. - 3 units ea. =
3 bldgs. - 5 units ea. =
Central & 83 (N.E. corner)
- 3 bldgs. - 12 units ea. =
Judith Ann - - 8 bldgs. - 6 units ea. =
Kensington Condo's - 3 bldgs. - 18 units ea. =
(east of Randhurst)
Wheeling Road
Courts of Randview South
- 2 bldgs. - 4 units ea. =
- 4 bldgs. - 8 units ea. =
(N. of Boxwood)
- 1 bldg. - 4 units
- 2. bldgs. - 6 units ea. =
Courts of Randview North
- 1 bldg. - 4 units
- 2 bldgs. - 6 units ea. =
Euclid & Wheeling
- 4 bldgs. - 10 units ea.
- 2 bldgs. - 4 units ea.
Boxwood - 4 bldgs. - 4 units ea.
- 4 bldgs. - 6 units ea.
- 1 bldg. - 7 units =
- 12 bldgs. - 8 units ea.
Lincoln Ave. Townhouses
- 10 bldg. - 5 units ea.
Maple St. Townhouses
- 2 bldgs. - 4 units ea.
- 4 bldgs. - 5 units ea.
Cottonwood - 19 bldgs. - 12 units ea.
Redwood - 6 bldgs. - 4 units ea.
- 1 bldg. - 5 units ea.
8
15
15
36
48
54
8
32
4
12
4
12
40
8
16
24
7
96
8
20
228
24
5
Lynn Ct. - 4,bldgs. 4 units ea. = 16
- 1 bldg. 5 units ea. = 5
- 1 bldg. 6 units ea. = 6
TOTAL 801
Cost of bins 801 x $4.40 ea. $3,524.40
Monthly B.F.I. charge 801 x $1.11 = $889.11
Yearly cost $10,669.32
Remaining budget year cost ( 7 mo.)$ 6,223.77
if started Oct. 1, 1990
Printing/costs/postage = $600.00 est.
1990/91 budget $20,000
Page 200 Acct. # 01-075-02-7034
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John Fulton Dixon, Village Manager
FROM: David C. Jepson, Finance Director
DATE: August 23, 1990
SUBJECT: Real Estate TRansfer Tax Rebate For Certain Business Property
The Mount Prospect Chamber of Commerce has requested that the Village consider
a Real Estate Transfer, Tax rebate provision for business property which would
be similar to the rebate provision for residential property. When the tax was
increased from $1.00 per $1,000 to $3.00 per $1,000 on May 1, 1990, a rebate of
$2.00 per $1,000 was included for property owners who sold their single-family
residential property within the Village and who subsequently purchased similar
property within the Village. The intention of the rebate provision was to
minimize the impact of the tax increase on residents who owned residential
property within the Village and who then sold their property and purchased
similar property within the Village. The Chamber has requested the same
consideration for a business which moves from one location within the Village
to another location
In considering the Chamber's request to extend the rebate provision to business
property, my concerns were centered in two areas: 1) How do you define a
business property owner who would be eligible for the rebate?; and 2) What would
be the potential loss of tax revenue to the Village? Following is a brief
discussion of these two concerns:
1. Defining an eligible business property owner:
It has been fairly easy to identify a residential property owner who
is eligible for the rebate because we require that the eligible property
be the "principal residence" of the property owner. Thus far we have
been able to verify the eligible property owners through the Real Estate
Transfer Declaration Forms which identifies the property that has been
sold and the subsequent property that is purchased. However, for a
business property it is not as clear-cut, because there could be
multiple businesses in one property location and the property could be
owned by someone other than the proprietor of the business. Also, it
would be very difficult to identify the "principal location" of a
business when there are multiple locations in the Village.
To meet the intent of a business, property rebate provision which is
similar in nature to the residential property rebate provision, I think
the following conditions would need to apply:
John Fulton Dixon
Real Estate Transfer Tax Rebate For Certain Business Property
Page 2
1. The
business is licensed in the Village of
Mount Prospect; and
2. The
property where the business is located
is sold; and
3„ The
business relocates within the Village;
and
4. The
business purchases non-residential property and operates a
licensed business at said property as the
principal business at
said property within the Village; and
5. The
Real Estate Transfer Tax is paid at the
$3.00 per $1,000 rate
for
the property purchased.
The above conditions are fairly restrictive, and-do.not include a
business proprietor who currently is leasing property and subsequently
purchases property, or for a second location of an existing business.
However, I believe they do provide a rebate provision which is similar
to the residential rebate provision.
2. Fiscal Impact of a Real Estate Transfer Tax Rebate for certain business
property transactions:
For the fiscal year ending April 30, 1990, the total Real Estate
Transfer Tax revenues for non-residential property amounted to $56,078
or 28.78 of total revenues of $195,111. (These revenues were based
upon a rate of $1.00 per $1,000). If we follow the conditions
identified above, the fiscal impact would be minimal. The only
transaction that would have qualified during the last fiscal year was
the V & G Printing relocation. Additionally, the only other transaction
I can recall over the past several years would have been the Lee's
Marketing relocation. There probably were other business relocations
that would have qualified, but I am not aware of them.
Accordingly, the above provision provides relief for a business which relocates
within the Village but would have a minimal impact on revenue.
The rebate provision is found in Chapter 8, Section 8 of the Village Code. I
am enclosing a copy of the current code section and a separate page containing
the suggested wording that would be incorporated in an amendment that would
change Section 8.802 B if the change is approved.
DCJ/sm
Enc
ARTICLE VIII
REAL ESTATE TRANSFER TAX
8.801,
Definitions
8.802.
Imposition or Tax
8.803.
Primary Liability for Tux `
8.804
Declaration Forms
8.805.
Deeds '
8.806.
Exempt Transactions
8.807.
Exemptions
8.808.
Revenue Stomps Required
8.809.
Real Estate Transfer Declaration; Filing
8,810.
Transfers in Trust
8,811,
Lien Created; Enforcement
8.812.
Enforcement; Suit for Collection
8.813.
Interest and Penalties
8.814,
Proceeds of Tax
8.815.
Penalty for Violation
8,816,
Effective Date
8.817.
Severability
8.818.
Payment of Delinquent Water and Sower Charges
8,801- DEFINITIONS:
pEn5Om, Any natural person, receiver, administrator, executor,
conservator, assignee, trust in perpetuity, trust,
estate, firm, co -partnership, joint venture, club,
company, joint stock company, business trust, Municipal
corporation, political subdivision of the State of
Illinois, domestic or foreign corporation, association,
syndicate, society or any group of individuals acting
as a unit, whether mutual, cooperative, fraternal,
nonprofit, or otherwise, and the United States or any
instrumentality thereof. Whenever the term "person" is
used in any clause prescribing and imposing o penalty,
the term as applied to associations shall mean the
owners or part-owners thereof, and as applied to
corporations, the officers thereof.
RECORDATION: The recording of deeds with the office of the Recorder
of Deeds or the registration of deeds with the
Registrar of Titles of Cook County, Illinois.
VALUE: The amount of the full actual consideration for any
transfer covered hereunder, including the amount of any
mortgage or other lien assumed by the grantee or
purchaser. (Ord. 3833, 9-1-87)
8.802. IMPOSITION OF TAX; APPLICATION FOR REBATE:
A. A tax shall be imposed on the transfer of title to real property
located in the Village as evidenced by the recordation of a deed
by any person or by the delivery of any deed or assignment of
interest of said real property, made as of the first day of
November, 1987, and thereafter, whether vesting the owner with the
beneficial interest in or legal title to said property or merely
the possession or use thereof for any purpose or to secure future
payment of money or the future transfer of any such real property.
The tax imposed for any transaction entered into between
November 1, 1987 and through April 30, 1990 shall be one dollar
($1.00) for every one thousand dollars ($1,000) value or fraction
thereof as stated in the declaration. The tax imposed for any
transaction entered into on or after May 1, 1990 shall be three
dollars ($3.00) for every one thousand dollars ($1,000) value or
fraction thereof as stated in the declaration.
The term "deed" as used in this Article shall mean all documents
transferrfing or reflecting the transfer of legal title, equi-
table title, or both legal and equitable title to real property,
or the beneficial interest in a land trust. Delivery of any deed
shall be deemed to have occurred when the transferee or purchaser,
or his representative or agent, receives possession of the deed or
in the case of a land trust when the trustee receives possession
of a valid assignment of a beneficial interest.
B. Any person who has paid the Real Estate Transfer Tax at the three
dollars ($3.00) per one thousand dollar ($1,000) rate shall be
entitled to a rebate of two dollars ($2.00) for each one thousand
dollars ($1,000) of the purchase price, providing proper applica-
tion has been made to the Village Treasurer and further provided
that the individual meets the following criteria:
1. The person shall have owned and occupied a single-family
residence, townhouse or condominium unit within the corporate
boundaries of the Village of Mount Prospect as his principal
residence and said single-family residence, townhouse or
condominium was sold and the Real Estate Transfer Tax was paid
within one year of the date of application for rebate: and
2. The person purchases and occupies a single-family residence,
townhouse or condominium within the Village of Mount Prospect
as his principal residence, for which he has paid the Real
Estate Transfer Tax of three dollars ($3.00) per one thousand
dollars ($1,000), within one year of the date of selling the
previous residence located within the Village of Mount
Prospect.
-2-
Within JD days following the receipt of application for Rebate of
Roel Estate Transfer Tax, as provided herein, the Village
Treasurer shall verify the information provided and if, in the
opinion of the Village Treasurer, the applicable criteria has been
met the village Treasurer shall cause a warrant to be issued to
the person applying for said rebate. (Ord. 3833, 9-1-87v Ord.
41729 4-17-90)
8.803. PRIMARY LIABILITY FOR 7KX, The primary liability for payment or said
tax shall be borne by the grantee or purchaser involved in any such
transaction unless otherwise negotiated by contract; provided, however, it shall
be unlawful for the grantee or purchaser to accept a conveyance if the transfer
tam has not been paid, If the tax has not been paid and the stamps affixed to
the deed, then the grantee's title shall be subject to the lien provided in
Section 8.811. »ocuvf and the grantee or purchaser shall be liable for payment
of the tax. The tax herein levied shall be /n addition to any and all other
taxes. (Ord. 3833, 9-1-87)
8.804. DECLARATION FORMS: At the time the tax is paid, or on exemption
applied for, there shall also be presented to the Director of Finance
or his designee, on a form prescribed by him, a declaration signed by at least
one of the sellers or grantors and also ninncu by at least one of the purchasers
or grantees involved in the transaction, or by their attorneys or agents, or by
a licensed real estate salesperson or broker having knowledge of the terms of
the transaction, which declaration shall state the full consideration for the
property so transferred and shall be deemed a confidential record by the village
Clerk. Where the declaration is signed by an attorney, agent, licensed real
estate salesperson or broker, on behalf of sellers or buyers who have the power
of direction to deal with the title to the real estate under a land trust
agreement, the trustees being the mere repository of record legal title with a
duty of conveying the real estate only when and if directed in writing by the
beneficiary or beneficiaries having the power of direction, said attorney,
agent, licensed real estate salesperson, or broker need only identify the land
trust which is the repository of record legal title and not the beneficiary or
beneficiaries having the power of direction under the land trust agreement.
(Ord. 3833, 9-1-87)
8.805. DEEDS: Every doou shall oho~ the dote of the transaction which it
evidences, the names of the grantor and grantee, and a legal descrip-
tion
8.RVu. EXEMPT TRANSACTION: The tax imposed by this Chapter shall not apply
to the following transactions, provided said transaction in each case
is accompanied by u certificate setting forth the facts or such other certi-
ficate of record or sworn statement as the Director of Finance may require at
the time of filing of the declaration form:
(x) Transactions involving property acquired by any governmental body;
(8) Transactions in which the deeds secure debt or other obligations;
(C) Transactions inwhich the deeds, without additional consideration, confirm,
correct, modify or supplement deeds previously recorded;
(D) Transactions in which the actual consideration is less tnmm five hundred
dollars ($500,00);
(E) Transactions in which the deeds are tax deeds;
(F) Transactions in which the deeds are releases of property which is security
for o uout or other obligation;
(C) Transactions in which the deeds are pursuant to a court decree where there
is no consideration;
(V) Transactions made pursuant to mergers, consolidations, or transfers or
sales of substantially all of the assets of a corporation pursuant to plans
of reorganization;
(l) Transactions between subsidiary corporations and their parents for no
consideration other thum'tho cancellation or surrender of the subsidiary
cocporationo'o stock;
(J) Transactions wherein there is on actual exchange of real property except
that the money difference or money's worth paid from one or the other shall
not be exempt from the tax.
(K) Transactions representing transfers subject to the imposition of o documen-
tary stamp imposed by the government of the United Status, except that such
uecuo shall not be exempt from filing the declaration. (Ord. 3833, 9-1-87;
Ord. 4021' 1-17-89)
8.807. EXEMPTIONS: The taxes imposed by this Chapter shall not be imposed on
or transferred by an executor or administrator to a legatee, heir or
distributes where the transfer is being made pursuant to will or by intnatacy.
The tax imposed by this Chapter shall further be exempt where the transaction is
orrvrteu by operation of low or upon delivery or transfer in the following
instances, provided, however, that a declaration form is filed:
(A) From o decedent to his executor or administrator;
(B) From a minor to his guardian or from a guardian to his ward upon attaining
majority;
(C) From on incompetent to his conservator, or similar legal representative, or
from a conservator or similar legal representative to o rnrmcc incompetent
upon removal or disability;
(D) From a bank, trust company, financial institution, insurance company or
other similar entity, or nominee, custodian, or trustee therefor, to e
public officer or commission, or person designated by such officer or
commission or by o court, in the taking over or its oaouto, in whole or in
port, under State or Federal law regulating or supervising such insti-
tutions, or upon redelivery or cotronmpmr by any such transferee or
successor thereto:
([) From m bankrupt or person in receivership dun to insolvency to the trustee
in bankruptcy or receiver, from such nocoivac to such trustee or from such
trustee to such receiver, or upon redelivery or rmtcenspmc by any such
tranferee or successor thereto:
(F) From o transferee under subsections (A) through (E), inclusive, to his
successor acting in the same capacity, or from one such ourreoonz to
(G) From truo:wwa to surviving, substitute, succeeding or additional trustees
of the same trust;
(H) Upon the death ofajoint tenant or tenant by the entirety tothe survivor
or survivors. (Ocu. 3853, 9-1-87)
8.808, REVENUE STAMPS REQUIRED: The tax herein levied and imposed shall be
collected by the Director of Finance or his designee for the Village
through the sale or revenue stamps, ~xium shall be caused to be prepared by said
Director or Finance in such quantities as said Director of Finance may from time
to time prescribe. Such revenue stamps shall be in the denomination of one
dollar ($1.00), five dollars ($5.00), ten dollars ($10.00), fifty dollars
($50.00), and one hundred dollars ($100.00). Such revenue stamps shall be
available for sale at and during the regular business hours of the Village
offices or at other locations designated by the Director or Financn. Upon
payment or the tax herein levied and imposed, the revenue stamps so purchased
shall be opfivou to the deed o, other instrument of conveyance. Any person so
using and affixing o revenue stamp or stamps shall cancel it and so deface it as
to render it unfit for use by marking it with his initials and the day, month
and year when the affixing occurs. Such markings shall be made by writing or
stamping in indelible ink or by perforating with a machine or punch. However,
the revenue stamp(s) shall not be so defaced as to prevent ready determination
or its denomination and genuineness. (Ord. 3833, *-1-87)
8.809, REAL ESTATE TRANSFER DECLARATION: FILING: x signed copy of the real
estate transfer declaration filed pursuant to section 3 of the Real
Estate Transfer Act of the State shall be filed with the village Clerk of the
Village by the grantee or any deed or assignee of beneficial interest within ten
(10) days after delivery of the uaeu or assignment of beneficial interest or at
the time of payment of the tax herein levied or imposed, whichever first occurs.
(Ord. 3833, 9-1-87)
8.810. TRANSFER IN lRuSl; No trustee of real estate shall accept or
acknowledge assignment of beneficial interest in real estate
located in the Village without first obtaining o real estate transfer decla-
ration from the assignor and assignee and vnIewa revenue stamps in the required
amount, as set forth in this Chapter, have been affixed to the assignment.
(Ord. 3833, 9-1-87)
8.811. LIEN CREATED; ENFORCEMENT: In the event a deed is filed for recor-
dation or there is an assignment of beneficial interest conveying real
estate within the corporate limits of the Village without the revenue stamps
provided by this Chapter, a lien is declared against said real estate 'conveyed
in the amount of the tax. The fact that the deed or assignment does not contain
a Village of Mount Prospect revenue stamp in an amount equal to two (2) times
the amount of State transfer taxes shall constitute constructive notice of lien.
The lien may be enforced by proceedings to foreclose, is in cases of mortgages
or mechanics' liens. Suit to foreclose this lien must be commenced within three
(3) years after the date of recording the deed. Nothing herein shall be
construed as preventing the Village from bringing a civil action to collect the
tax imposed by this Chapter from any person who has the ultimate liability for
payment of the same, including interest and penalties as hereinbelow provided.
(Ord. 3833, 9-1-87)
8.812. ENFORCEMENT; SUIT FOR COLLECTION: Whenever any person shall fail to
pay any taxes herein provided, or any purchaser or grantee shall
accept a conveyance where the tax has not been paid, the Village's Corporation
Counsel shall, upon request of the Village Manager, bring or cause to be brought
an action to enforce the payment of said tax, including interest and penalties
as hereinbelow provided, on behalf of the Village in any court of competent
jurisdiction. (Ord. 3833, 9-1-87)
8.813. INTEREST AND PENALTIES: In the event of failure by any person to
collect and pay to the Director of Finance the tax required hereunder
when the same shall be due, interest shall accumulate and be due upon said tax
at the rate of one percent (1%) per month commencing as of the first day
following the day when the tax becomes due. In addition, a penalty of ten
percent (10%) of the tax and interest due shall be assessed and collected
against any person who shall fail to pay the tax imposed by this Chapter. (Ord.
3833, 9-1-87)
8.814. PROCEEDS OF TAX: All proceeds resulting from the imposition of the
tax under this Chapter, including interest and penalties, shall be
paid to the Village and shall be credited to and deposited in the general fund
of the Village. (Ord. 3833, 9-1-87)
8.815. PENALTY FOR VIOLATION: In addition to the remaining provisions of
this Chapter, any person found guilty in a court of competent juris-
diction of violating, disobeying, omitting, neglecting or refusing to comply
with or resisting or opposing the enforcement of any provision of this Chapter.,
upon conviction thereof, shall be punished by a fine of not less than two
hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). (Ord.
3833, 9-1-87)
8.816. EFFECTIVE DATE: These provisions shall be in full force and effect as
of November 1, 1987, provided, however, that these provisions shall
not apply to contracts for the transfer of title or assignment of beneficial
interest to real property executed prior to October 1, 1987. (Ord. 3833, 9-1-87)
-6-
8.817. SEVERABILITY: Ifanyprovision, clause, sentence, paragraph, section
or part of this Chapter, or application thereof to any person or
circumstance, shall for any reason be adjudged by a court of competent juris-
diction to be unconstitutional or invalid, said judgment shall not affect,
impair or invalidate the remainder of this Chapter and the application of such
provision to other persons or circumstances, but shall be confined in its
operation to the provision, clause, sentence, paragraph, section or part thereof
directly involved in the controversy in which such judgment shall have been
rendered and to the person or circumstances involved. It is hereby declared to
be the legislative intent of the Village Board of Trustees that this Chapter
would have been adopted had such unconstitutional or invalid provisions, clause,
sentence, paragraph, section or part thereof not been included. (Ord. 3833,
9-1-87)
8.818. PAYMENT OF DELINQUENT WATER AND SEWER CHARGES: The Director of
Finance shall issue no transfer tax stamps unless the Village
Collector verifies that any delinquent water and sewer assessments and penalties
related thereto are paid in full, and unless the declaration form contains
information necessary for the billing and collection of the final water and
sewer assessment charges. (Ord. 3833, 9-1-87)
-7-
SECTION 8.802
n. Any person who has paid the Real Estate Transfer rax at the three
dollars ($;.UU) per one thousand dollar ($1,000) rate shall be
entitled to a rebate of two dollars ($2,00) for each one thousand
dollars ($1,000) of the purchase price, providing proper applica-
tion has been mad* to the Village Treasurer and further provided
that the person meets the following criteria:
1. Residential Property
u. The person nnuU have owned and occupied a single-family
residence, townhouse or condominium unit within the
corporate boundaries of the Village of Mount Prospect as
his principal n:omenco and said single-family residence,
townhouse or condominium was evlu and the Real Estate
Transfer Tax was paid within one year of the date of
application for rebate; and
*. The person purchases and occupies a single-family
residence, townhouse or condominium within the Village or
Mount Prospect as his principal residence, for which he
has paid the Real Estate Transfer Tax of txcv, dollars
($3.80) per one thousand dollars ($),00O), within one year
of the date of selling the previous residence located
within the Village of Mount Prospect; or
2. Non -Residential Property
u. The person shall have owned and operated a duly licensed
business within the corporate boundaries of the Village of
Mount Prospect and the property on which said oveincso was
located was sold; and
o. The person purchases non-residential property and operates
a duly licensed business at said property as the principal
uuoioeaa at said property within the Village of Mount
Prospect, for which the Voa1 Estate Transfer Tax or three
dollars ($).00) per one movaaoo dollars ($1,000) has been
paid within one year of the Vetn of sale or the previous
business property located within the village of Mount
Prospect.
Within JO oara following the receipt of Application for Rebate of
Real Estate Transfer Tax, as provided herein, the Village
Treasurer shall verify the information provided and if, in the
opinion of the Village Treasurer, the applicable criteria has been
met the Village |ccaovcer shall cause e warrant to be ieeu*u to
the person applying for said rebate. (Ocd. 3833, 9-1-87; Ord.
4172, 4-17-90)
(Please note the term "Person" u`cluuoa any individual or e,vuno or imuiviuuaza.
Sea Section 8.e01,)
VILI GE OF MOUNT PROS ECT
PlAs NING AND ZONING DEPARTMh; vT
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John F. Dixon, Village Manager
FROM: David M. Clements, Director of Planning & Zoning
DATE: August 23, 1990
SUBJECT: Home Occupations
The Chamber has suggested that the Village consider adopting standards that would allow
home occupations. Information from other municipalities has been provided by the
Chamber for review by the Board.
At the present time, Mount Prospect Zoning Ordinance prohibits home occupations, and
offices in homes, "except that a surgeon, physician, dentist, lawyer, clergyman, or other
professional person using his residence for consultation, emergency treatment or the
performance of religious rites only, and n t for the generalprofession,."
However, what we find in the community is a wide range of inconspicuous home based
businesses, many of which have Illinois revenue numbers. Home based businesses vary from
contractor's offices, part-time caterers, artist studios, to computer consultants. Staff typically
becomes aware of home occupation if it is one that disturbs neighbors. These matters are
investigated on a complaint basis.
The difficulty with the present requirements is that well-meaning residents call the Village
Hall and inquire about opening a home business, and are advised that the Zoning
Ordinance does not allow home occupations. In many cases, these residents are aware of
other home occupations in the Village, and do not understand why they cannot gain
approval.
It would be appropriate to amend the Zoning Ordinance to allow home occupations, if the
home-based business met certain standards. For example, a home occupation should have
no employees, display no sign, nor have any retail sales on premise. Also, no home
occupation should include storage of supplies or inventory.
Many communities regulate home occupations based on such performance standards, and
this would be a reasonable approach for Mount Prospect to consider.
If the Board so chooses, the Village Attorney and I could prepare a draft ordinance, and
initiate a public hearing to amend the Zoning Ordinance to allow home -occupations based
on performance standards.
Lastly, staff has noted short -comings in our Zoning Ordinance in the past. This subject is
another example of how a new or revised Zoning Ordinance would better serve the
community.
DMC:cl
HOME-BASED BUSINESSES BENEFIT THE COMMUNITY
1. Home-based business people are employed,
2. Home-based business people employ others.
3. Home-based businesses contribute to the Village through sales taxes. A recent
article in the newspaper indicated that Mt. Prospect's sales taxes have decreased.
By allowing home-based businesses and providing them visibility, they will contribute
to this needed revenue.
4. Home-based business people provide additional safety for a residential neighborhood.
With the trend toward two -income families, many neighborhoods are empty during the
day. Home-based business owners would correct this situation.
5. Home-based business people make improvements to their properties which increases
property value.
6. Home-based business people reduce the need for day care centers since there is someone
at home to take care of the children,
7. Home-based business people reduce traffic levels since they do not have to commute,
8. Horne -based business people are more apt to purchase products and services locally
to avoid unnecessary travel and wasting time. This benefits not only the local
retailers but the Village as well through taxes.
9. Home-based businesses could provide additional income for the Village by being
required to purchase a special home occupation permit or business license.
10. Home-based businesses allow entrepreneurs the opportunity to use their creativity
and provide unique products and services to the community. (Examples: writers,
artists, clowns, personal services, craft products, specialty newsletters, etc.)
11. Home-based businesses grow and expand moving out of their homes creating even more
jobs and revenue for the Community. (Examples: Hewlett-Packard, Apple Computers,
Lillian Vernon, Greyhound Bus, Pepperidge Farm, Cocas -Cola, Birdseye, Mrs. Field's
Cookies, ect,)
Statistics on Home -Based Businesses
AT & T estimates that there are 23 million home-based businesses in the United States.
This survey was taken in 1984 and it does not include home-based businesses that use
their personal phone for business purposes.
Dunn & Bradstreet has a mailing list of 700,000 people who work at home.
The Department of Labor estimates that half of the American work force could be working
from home in the next 10 to 15 years.
Out of 13 Northwest communities that I personally surveyed and who responded, mt. Prospect
and Wheeling are the only two who do not allow home-based businesses,
The Mt. Prospect Chamber of Commerce has approximately 35-40 members who list their
homes as their business address.
Attached Documentation
Model Zoning Ordinance prepared by the National Alliance of Homebased Businesswomen
Effective Zoning Ordinances on Home Occupations from Northwest Communities.
Home Occupations Ordinances in Effect in Area Villages
Prepared by Janet V. Hansen
President, Suburban Entrepreneurs of the Mt. Prospect Chamber of Commerce
President, Northern Illinois Chapter of the Nat'l Alliance of Homebased Businesswomen
ARLINGTON HEIGHTS --Home occupation. An accessory use of a dwelling unit carried on by members of the immediate
family residing on the premises. The use is clearly incidental and secondary to the use of the dwelling unit for residential
purposes and does not change the character of the residence or adversely effect the residential character of the
surrounding neighborhood. All home occupations must comply with the standards in section 6.17.
An application for a home occupation shall be filed with the Director of Building and Zoning. For all Home occupations, the
following standards shall apply:
I. No person other than members of the immediate family residing on the premises shall be involved or employed in
the Home occupation.
2. There is used no sign other than a nameplate not more than one square fool in area or no display that will indicate
from the exterior that the building Is being utilized in part for any purpose other than that of a dwelling unit.
3. No outdoor storage of materials or supplies related to the home occupation shall be permitted.
4. There shall be no increased noise, vibration, glare, fumes, odors or electrical interference created by the Home
Occupation.
5. No exterior aspect of this residential structure shall allow the home occupation to be reasonably recognized as a
non-residential use.
Permitted Home occupations:
1. office facility of a salesman, sales representative or manufacturers representative provided there is no
manufacturing, production or storage on the premises and no more than one client on the premises at a time.
2. office facility of an architect, broker, engineer, insurance agent, computer programmer, dentist, physician for
consultation only and not more than one client on the premises at a time.
3. Telephone answering service and office service to include typing, bookkeeping, transcribing and data entry.
4. Instructional services for not more than one pupil at a time.
5. Painting, sculpturing, writing and home crafts. Retail sale of such items in the home is prohibited.
6. Home product retail sales where orders are take at the home of others. Production, manufacturing and assembly
of such product In the home Is prohibited.
Prohibited Home occupations: Catering Services, Berber Shop and Beauty Salon, Motor Vehicle Repair, Restaurants, Tea
Rooms, Commercial Stables, Kennels.
Any proposed Horne occupation that is not specifically listed as permitted or prohibited may be considered a Special Use
Permit subject to review and recommendation by the Plan Commission and approval by the Village Board based upon
compliance with the performance standards.
BARRIN6TON—A gainful occupation or profession carried on by an occupant of a dwelling unit, carried on wholly within
the principal building or within a building accessory thereto, by only members of the family occupying the premises. No
article shall be sold or offered for sale on the premises except such as produced by the occupation on the premises and no
mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to
domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the
district in which such "home occupation' or variation from the residential character of the principle building. offices,
clinics, doctor's offices, hospitals, barber shops, beauty shops, millinery shops, tearooms, restaurants, tourist homes,
animal hospitals and kennels, among others, shall not be deemed to be "home occupations.'
BARTLETT--Home Occupation. 46 accessory use of a service character custom ear oly conducted within a dwelling by
the residents thereof, which Is clearly secondary to the use of the dwelling for living purposes and does not change the
character thereof or have any exterior evidence of such secondary use other than a small nameplate not more thand two
(2) square feet in area, and in connection therewith there is not involved the keeping, sorting or maintaining of an
inventory, equipment or machinery; there is no commodity sold upon or from the premises; no more than one (1) person
Is employed, other than a member of the Immediate family residing on the premises; no more than three (3) pupils,
clients or customers can be present at the some time; no mechanical equipment is used except such as is normally used
for purely domestic or household purposes and no commercial vehicle in connection, with home occupation is stored or
parked except within a fully enclosed and closed private garage.
BUFFALO GROVE --A home occupation shall be defined as a gainful occupation or profession customarily carried on by an
occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit For residential purposes.
Standards for Home Occupations --In addition to all of the standards applicable to the district in which it is located, any
home occupation shall comply with the following standards:
1. Every home occupation shall be carried on entirely within the principal building and only by members of the family
occupying the premises.
2. No article shall be sold or offered for sale on the premises.
3. No wholesale, jobbing or retail business shall be permitted unless it is conducted entirely by mail and/or telephone
and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises.
4. No mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to
domestic use.
S. All vehicles and all supplies used in the home occupation must be contained within an enclosed building and all vehicles
must be garaged when not being used in the occupation.
6. There shall be no exterior display, no exterior signs (except as allowed by the sign regulations for the district in
which such "home occupation" is located), no exterior storage of materials, and no other exterior indication of the
"home occupation" or variation from the residential character of the principal building.
7. No home occupation shall be operated in such a manner as to cause offensive noise, vibration, smoke or other
particulate matter, heat, humidity, glare, electronic interference, odors, or otherwise constitute a nuisance or
safety hazard to the occupants of nearby properties.
8. No alteration of the principal building shall be made which changes the character thereof as a dwelling.
Home Occupations Prohibited --Clinics, doctors' offices, hospitals, barber shops, beauty parlors, dress shops, millinery
shops, tearooms, restaurants, tourist homes, animal hospitals, real estate offices, manufacturing businesses, repair
shops of any kind, and child care centers or nursing homes where care is provided for more than three persons other than
family members.
CARPENTERSVILLE--Home Occupation. Any occupation or profession carried on by a member of the immediate family,
residing on the premises, conducted entirely within the dwelling in connection with which there is used no sign other than
a non -illuminated nameplate attached to the dwelling, not more than one square foot in area, no exterior storage of
materials or equipment, or no display that will Indicate from the exterior that the building is being utilized In whole or in
part for any purpose other than that of a dwelling; there is a no commodity sold upon the promises except that prepared
on the premises; no person is employed other than a member of the Immediate family residing on the premises; and no
mechanical equipment is used except such as is customary for purely domestic household purposes; and the home
occupation use Is secondary or incidental to the dwelling use.
1. There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical Interference,
fire hazard, or any other hazard or nuisance emanating from the structure containing the home occupation other than
that usually experienced in an average dwelling under normal circumstances wherein no home occupation exists.
2. Instruction or teaching shall be limited to no more than two pupils at a time.
3. Floor area used for the home occupation shall not occupy more than twenty-five (25) percent of the total floor area
of the dwelling on the lot containing the home occupation.
4. No commodity shall be sold or services rendered that require receipt or delivery of merchandise, goods, or
equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service.
5. No more than one home occupation per dwelling unit Is permitted.
6. No home occupation that requires the use or storage of namable materials in excess of five (5) gallons.
No care for humans except child day care in single family dwellings (as defined in this Chapter 5) for three (3) or
fewer children during all or part of the day.
Home occupation shall not include the care or treatment of animals, including, but not by way of limitation, birds,
dogs, cats, fowl, fish, and reptiles.
Other home occupations not permitted include mortuaries, half way houses, private clubs, rental of equipment or
machinery from the premises, restaurants, repair shops (except the repair of small items such as portable electric
appliances, radios, cameras, typewriters, and other similar items), tourists homes, stables, kennels, or message
parlors.
DES PLAINES--Home Occupation. Any occupation or profession carried on by a member of the immediate family,
residing on the promises, in connection with which there is used no sign other than a name plate not more than one square
foot In area, or no display that will indicate from the exterior that the building Is being utilized in whole or in part for any
purpose other than that of the dwelling; or where there is no commodity sold upon the premises; no person is employed on
the premises other than a member of the Immediate family residing on the premises; and no mechanical equipment is used
except such as is permissible for purely domestic or household purposes.
HT. PROSPECT --The following uses are spocincelly excluded from the R-1 District: A professional
office, except that a surgeon, physician, dentist, lawyer, clergyman, or other professional person
using his residence for consultation, emergency trootment, or the performance of religious rites
only and not for the general practices of his profession.
PALATINE --Home Occupation includes but is not limited to the following: Art studio, day care home, dressmaking,
professional office of a clergyman, lawyer, physician, dentist, architect, engineer or accountant, when located in a
dwelling unit occupied by the same; teaching, with musical Instruction limited to one pupil at a time. However, 'home
occupation` shall not be construed to include the following: Clinic or hospital; barber shop or beauty parlor; commercial
stable, kennel, or animal grooming parlor or establishment; tourist home; real estate office; or restaurant.
Home occupations, when carried on within a dwelling unit and not in any accessory building, by a person who lives in the
principal building and where no nameplate is used in connection with the professional occupational use which exceeds one
square foot in area.
PARK RIDGE --The purpose of the Home Occupations provisions is to permit the conduct of a part-time business for
supplemental income purposes within the Residential Districts provided such occupations are limited to those activities
which may be carried on within a residential dwelling without in any way changing Its appearance or condition or
adversely affecting the uses permitted in the Residential District of which it is a part,
General Provisions, Conditions and Performance Standards: in all REsidential Districts, home occupations, as defined
herein, shall be permitted provided that the following conditions and standards are fully met:
t. The home occupation is clearly incidental and secondary to the use of the dwelling for residential purposes;
2. The occupation is conducted entirely within the dwelling, and no more than (1) room or one-fourth (1/4) of the gross
area of a single floor of said dwelling, whichever is less, shall be used for such purpose. Use of attached or detached
accessory building for home occupation purposes is prohibited;
3. No home occupation shall require internal or external alteration of the dwelling In which It is conducted, nor involve
construction features or the use of materials or equipment not customarily associated with a dwelling. The entrance
to the space devoted to such occupation shall be only from within the dwelling;
4. The home occupation shall not involve the use of advertising signs on the promises nor any other local advertising
media which call attention to the fact that the dwelling Is being used for non-residential purposes;
5. There shall be no display, activity or environmental manifestation that will indicate from the exterior of the dwelling
In which a home occupation is being conducted that said dwelling is being used in whole or In part for any other then
residential purposes, nor shall the home occupation create noise, dust, vibration, smell, smoke, glare, electrical
Interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually
experienced in an average residential occupancy within the Residential District in question under normal
circumstances wherein no home occupation exists;
6. The home occupation shall be conducted by one or more members of the family residing in the dwelling in question and
shall not involve the employment of anyone other than members of the resident family;
SCHAUMBUR6--Home occupation. Any activity or accessory use conducted In a dwelling unit for financial gain by a
member of the household residing therein, which is clearly incidental and secondary to the use of the dwelling unit for
residential purposes.
Home occupations shall be permitted as accessory or secondary uses in all residential districts subject to the provisions
of this Article V, Section 16. The standards for home occupations specified in this Section are intended to insure
compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary
or incidental status in relation to the residential use of the dwelling as the criteria for determining whether a proposed
accessory use qualifies as a home occupation.
Permitted Home Occupations - Home occupations shall be permitted only in accordance with the following use regulations:
1. The home occupation shall be accessory and secondary to the use of the dwelling for residential purposes and shall
not occupy more then twenty -rive (25 percent of the total floor area of all permitted structures on the lot containing
the home occupation.
2. There shall be no signs, activity or display that will indicate from the exterior that the building is being used, in
part, for any purpose other than that of a dwelling.
3. There shall be no special structural alterations or construction features, either permanent or accessory, to the
dwelling or permitted accessory structures, no the Installation of special equipment to wails, floors or ceilings,
which would change the residential character of the dwelling or accessory structure.
4. Except for those home occupations involving the care of children, home occupations and all related activity, including
storage, shall be conducted completely within the dwelling and permitted accessory structures.
5. There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or
equipment other than a passenger motor vehicle or by parcel or letter carrier mail service.
6. The home occupation and any related activity shall not create any traffic hazards or nuisances in the public streets
nor require more vehicle parking than exists on the residential drive or assigned parking spaces servicing the
dwelling unit.
7, Theres shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical
interference, fire hazard or any other hazard or nuisance emanating from the structure containing the home
occupation other than that usually experienced in an average dwelling under normal circumstances wherein no home
occupation exists.
8. No article can be sold or offered for sale except as may be produced on the premises.
9. No person shall be employed other than a member of the immediate family residing in the dwelling unit.
Home Occupations Requiring Special Use Approval --Certain home occupations by their very nature require additional
review in the form of a Special Use permit to insure the promotion of the public health, safety, comfort and welfare. The
following home occupations require Special Use approval:
Any home occupation not complying with all, or part, of the requirements specified In this Article.
Any home occupation that requires the use or storage of flammable materials in excess of five (5) gallons.
Any dwelling or lot containing more than one home occupation.
Any home occupation that requires the handling of food or foodstuffs.
Any home occupation that requires the care or treatment of animals, including birds, fowl, fish and reptiles.
Any home occupation including day care homes that requires the care or treatment of humans; except for those home
occupations which receive three or fewer children for card during all or part of the day.
WHEELING --Does not allow home-based businesses.
No home occupation shall involve the use of commercial vehicles for delivery of materials, supplies, merchandise or
equipment to or from the dwelling where such occupation is being conducted. All such deliveries shall be strictly
limited to those customarily provided by carrier mail service or to those utilizing the passenger automobile of the
person conducting the home occupation;
No more than 6 (6) cubic feet of space within a dwelling may be utilized for storage of materials, supplies,
merchandise or equipment related to any or all home occupations conducted therein. Outdoor storage or storage in
attached or detached accessory buildings is strictly prohibited; and
The home occupation shall not generate automobile or pedestrian traffic of a greater volume than would usually be
expected within the Residential District in question under normal circumstances wherein no home occupation exists.
Any need for parking generated by the conduct of a home occupation shall be off-street parking provided on the
premises of said occupation in accordance with the parking requirements for the Residential District in question and
with the provisions of Section 9.00.
PROSPECT HEI6HTS--Home Occupations. In all Residence Districts an occupation operated for profit shall be permitted
provided that: (all references to garages are restricted to the R-1 zoning district only.)
A. It is conducted entirely within the dwelling or from within a garage by a member of the family residing in the
dwelling, and when such home occupation is incidental and secondary to the use of dwelling for dwelling purposes;
B. Not more than one-fourth (1/4) of the total floor area of any one story of a dwelling and one-fourth (1/4) of the
total area of one garage is devoted to such home occupation;
C. it does not require internal or external alteration not customary in a dwelling or garage;
D. There is no display, activity, or noise that will indicate from the exterior of the dwelling that it is being used in
whole or in part for any use other than dwelling or garage except that one (1) unanimated, non -illuminated sign of not
more than three (3) square feet in size may identify the home occupation. Further, no stock in trade is kept or sold,
including also such as are made on the premises, or services rendered on the premises that require a receipt or
delivery of merchandise, goods or equipment by other than carrier mail service, United Parcel Service or similar
type delivery service, or a Class B license size vehicle of the person conducting the home occupation;
E. A home occupation conducted by a professional person or person rendering personal services shall be only for
consultation, emergency treatment, instruction, or performance of religious rites;
F. Teaching of musical lessons and dancing shall be conducted only in a single-family detached dwelling and then to not
more than ten (10) pupils at one (1) time in a single family detached dwelling, and not more than three (3) pupils at
one (1) time In any other dwelling unit.
ROLLING MEADOMfS--Home occupation. An occupation carried on as a special use approved by the city council in a
dwelling by the resident thereof, not involving the conduct of a retail business or manufacturing business. Home
occupations, further, shall not include employment of any additional persons in the performance of such services; nor
shall there be any mechanical equipment used other than is usual for purely domestic or hobby purposes.
There shall be no exterior display or sign except as allowed in the sign regulations for the district in which such "home
occupation' is located, and there shall be no exterior storage of equipment or materials used in connection with the home
occupation.
Home occupations shall be permitted as defined and regulated by the comprehensive zoning code of the City of Rolling
Meadows.
It shall be unlawful for any person to conduct or engage In a home occupation In the city without having first obtained a
license therefor.
Application for licenses required by this division shall be made in writing to the license officer on a form provided by him.
No such license shall be issued to any person not complying with all of the applicable provisions of the ordinances of the
City of Rolling Meadows.
The annual license fee for a home occupation shall be twenty dollars ($20.00).
Planning It Zoning News .3
JWYA,ig
THE REGULATION OF HOME OCCUPATIONS
INTRODUCTION
litany Americans are returning to the centuries old
IraditV, Of earning their Mined lead at home This trend
hiss resulted in the inevitable conflicts between the
Home Sweet Hil advocates who are desirous of
V ' luding all rhon�rycidedlof use$ from their
ravildborhoods; and the entreplaneurs who seek the
rrany advantages of ciahnisming work Place with their
residence While public hearings On multimufflon delta r
municipal budgets are often Poorly attended, a stroug,
request by a hobbyist who wishes "41chborbnall for a
part-time business such as building birdhouses in his
basement, May fact formidable opposition from troll
cent homeowners. Unfortunately, all too often acted
0on5 to home occupations "inask" other cornplanals
such as the fact that the nelthinfif diuvasn'r mow his
Lawn Often enough Of his dog barks too much
The methods of regulating home occupations are as
varied as the business activities which are conducted in
dwelling units, Many communities adopt the lutlude
that if the neighbors don't register a complaint about a
home business the osumcdpuhtjy certainly does not wish
to create a Probiens by inve0ganng the situation or ar,
lisrMuting to refulatty, it. However, organized opposition
to overzealous Zoning controls is becoming more com.
nuart Coranee Kern, author of a brinonbly publication
entitled "Mind Your Own Business at Hmmei% has
slated hOlue based businesses Hoye several formidable
obstacles to Overcome, "zoning Saws are the worst bill
the lax sifuchirst also hampers people who want to
work at home".
POPULARITY
Alvin Tobjer, author of Future Shocil has stated that,
"The single ants/ unproductive Ming we do is send
bacteria true-CrOSSM9 the ondirloply to work mksny,
day, " More and more Americans are abandoning the
conventional work day routine and Opting for a home
based enterprise According to the L,S, Chamber of
Commerce "at ntuast iti Million bfds,n,-vsoq are ill in
American homes. chat is the number or indivrduars
Who list home address,$ Oil IRS forms as sole
buslofss cud0fifl This is a SO- increase from a
decade ago — Many factors are contributing to the
Popularity Of home occupations including the fvflkawmgf:
I Quality Of Life
People who work at home, can spend more time
on the job and avoid commuter hassles such as
trallic jams.
Working at home could Provide more flexible
work Schedules and result in less absenteeism
Home-based employment is more advantageous
for Physically handicapped Workers,
2 Costs
— Renting commercial floor space, commuting and
Parking result in high costs for the typical urban
work place.
— The cost of work space, ne0ePtionis and utilities is
partially covered in an individual's mortgagerlease
payment,
— Entrepreneurs can "test" a business idea with a
minimum financial investment.
— Home business madrecifs may be able to deduct
a portion Of their refit or depreciate the value at
their homes on their lederM Hudome taxes.
— Residents of rural areas Who work in urban areas
may be able to avoid city income taxes by a
Change it, the work place,
3, Technology
— The advent of he commuter age has scitivined the
term "electronic cottage" and enabled many at,
fice dersormpt to perform common office tasks at
a home work statical,
4. Child Care
Many Pare' oTIS Prefer to stay M home in order to
tend to their PreSchooi Children rattler than
""warehousing" them in a day care center.
5 Poor Economy
Oce"'Rulins in the economy liarce many laid off
workers to seek alternative forms of employment
which might take the form Of converting a bobby
to a fuffl4mas based occupation.
COMMON COMPLAINTS
Citizens who Oppose home occupations can be quite
Creative and vocal in their demands The following com.
rilistrits are among the most commimly expressed:
I They (home occupations) will result in decreased
Properly values,
2 They generate significant amounts of traffic
resulting in safety hazards to children and a
"Mminulnel of Quietude",
3 They will bring Strangers into the neighborhood
which could reach in assaults on children and pro"
pert, related crimes,
4 They will cause the character of the neighborhood to
Change from residential to commercial.
5 Thist, murisfircile a violation of deed restrictions/pri-
1wate covenants.
6 Their Possess the Potential lot negative operational
cheractill ics such as noise, electrical interference,
lire hazard and diminished aesthetics.
7. Businessman oppose them, staffing that they rapre,
sent small Competition because the costs of conduc
ling business are less, resulting in the ability of the
home occupation to offer a similar product/service at
a lower cast,
It is Often alleged fuel they create additional
dervand$ 101 public services such as Polictlyfive,
responses, garbage torck-up and Sanitary arrive,
water and storm drarnatte services which home-
owner's are forced to bear,
9. Union leaders coriband that they can result in wage
and hour violations, child labor abuse and the loss of
office and factory Mos
DEFINITIONS
Perhaps tire most Important decision when, considering
regulation at home occupations is the drafting of a
defuntion. Art all encompassing definition should pro•
voile
the basic na"nowfork to,, more specific lopshoriel,
operational, and site development standards pral
ing 10 home occuttal4ons. The Illustrated Book of
Curveloinuffert Diffirritions; alters the tollowinvil
Home Occupation: Any activity carried out for gain
by a resident conducted as an
accessory use in the resident's
dwelling unit, I
Several suggestions are offered when considering
definitions:
IncrucHnill regfulallons in the definition should be
avoided It an individual convinces a Judge that the
lefinghon is not aimulicaddle to them, then neither are
the accompanying regulations.
Older ordinances often contained phrases such as
"busruesses c(Orrism,31fly and lorditionally caudad
On or it,& home" Pity the Poor can g ad m i n 4ar"a'Ito, r
who has to determine whether barber shops and
baby sailing are traditional, whereas income tax
Presimathin and Plants reaching constitute non-
traditional, commercial activities,
DehnitiOnS occasionally recognize'"professional"`
orcipuflons such as doctors and lawyer's' while pro,
ho ding 40 other home,based business enterprises,
A community may have difficulty justily4ng to a Court
marfluenhal treatment Of "PrOle%lime" occohodions
while luldfiling an exclusionary policy for others
Decision makers should ask themselves wtit
Specific types of business activities they wish lia
regulate, Dialmillons can be interpreted to include
pill sales, hiline SaktVdistributors such as A'
way, Avon avid Tupperware and even those nwi.
bill" operations which consist merely of lecelvirig
telephone falls, mail, and record keeping (and which
generate no traffic),
PROBLEMS/QUESTIONS
A review of local home rotorlahon regulations generally
reveals that while the specific regulations may vary,
there is uniformity in the Common issues which area cl
dressed, The following discussion, notes prod!
which may be experienced In addressing these n'
most
common issues
11 Should employees other than family members be per-
mitted?
P ohibiling employees c
,mls�fturys a virtual p
I xclu,
Sion for certain Thollesluons which typically utilize
employees Such as doctors wikh nurses, attorneys
with legal secretaries, prolessionat writers with
secretaries, etc.
The definition of "family" in many zoning or-
dinances permits 2 or 3 unrelated individ Sell no
live together and yet many of these same or-
dinances
,dinances; prohibit unrelated individuals to work
together as a home o ruflallon,
Ordinances Prohibit employees wvill a d5l,fica.
turn of latter.minng to maif,larn hwinensity at..
livitnes and yet they *train permit an ununited
number of related family mernplars no be
employed in a home Occupation,
Limitations on flovar area devoted to home occupations,
— Many ordinances (elate the maximum size of a
home occ,,min- in n 1—ifi-4 I.r ... 1— �l —
dwelling's floor area which rewards those "th
Burger houses
— Floor area irritations are an attempt at incur lcr
that home
-" Pations w0l be Incidental mina„'1
a dc'
principal p'e flowever, a number o high �
ty uses, $rich as photo sludlr,s and beauty s,!ttn
which schedule frequent appointments, c",
copy small spaces
RecIrschons on the amount of vool area -?h
the diveflinig may resuat in relocations t+l
buthfings all as sheds and garages
HOW is The yPlCWJY overworkal zon,mi i,l
mulistr8b)" going to Monitor a number cf
Occupations to insure that each Of train due,
exceed a specific square footage limitation 7
3 Should Safe at merchandise be permitted?
Prohibiting sales would fur dude a tPilmd-w,
number of common home occupations
hobbyists, weavers) which are generally
sudered 35 acceptable users in recrt-i,i
neighbodniods.
Ordinances omen PnhMt the sale of ahsfilq I
Inerniaclived or' assembled on the
Now does the xodnr�fl dura,
whether such ill as arts and crafts liel a,
"homemade" or C , whignment Items?
How can one enforce a laaa$ prohibition whet,
sale takes place via the amephone, mail or v deem,
puler terminal?
— Prohibiting sales could be mromilmem with il,
hOrne occupation thahnifitan which Play imply
sales are an inherent characteristic
— Bantling window or yard displays of Hiercha,11,,
would appear to be reasonable in order t,, w,
serve the residential appearance and char;irtcr
of a neighborhood
I Traffic Generation
— The generation of frill by thave occupatofl, rs
chair the Most Observable tharractran5l al,l h.,
the Potential so become the most 1,oub, r,
Ordinances May Use the traffic issue as a nf—
lot determining whether or not a prohn,i
business activity in a residential dwelling ro`
slifillos; a home raccupishon
— If is fairly
y common 10 See clauses' Such as 1 77I,
home occupation may not generate mom 1,ol
lic than would occur m the typical
ortifthbolhood" These clauses are itirlb,il"011i
and do not ona,vide a measurable standardgoo, I �
Institute of traffic Engineer"s ""Trip Gurn I
By Land Use'" estimates that the typicivin'si,iii'l,
family home generates 10 "trips" per day
— Specifying that a mare occuls4flor, Shah not '0,0,
In Clore than 2 or 3 Parked vehicies; on Ow
nnilim5 than the athmIchaahr, intends to cm,wi,
the sul,m0lonce still enforcement nerulysitai,,
Such a Provision
Controls should be considered for horina occ,¢jp,
bons which may generate significant traffic p,,
example, hinifill the number of Students en, i o
ad in ceramic and aerobic classes would b,
direct effect on the number of trips iterhyraitil
Concerns regarding traffic generation and 1hrk
Possible hazards to school children IS a cam =+
citizen complaint voiced it) opposition to horl),
cuolihons,
Permit Transterance
— Many communities authorize home occlariul'n,,,,
"'tough Special use Permits. A special use pett,dn
is typically granted for a particular property ,j
re"l in effect regardless of a change in rawer5 hit) yet, local decision makers often grafIf I,,
mile on the basis of "Personalities" rather 111tn
late specific factors such as ideation and bholqji,
size
— Sorria, ordinances contain a provision spell,r,
that a home orcupanon $hall Germinate u v'r,
"Original" operator discontinues the busn,es,,
Such a regulation could be difficull to Justify it olf,
flew Operator agreed to conduct the bus"MI's
tinder the Same terms which applied to the ire,
vious operator. Since the aroMnal zoning apornvii
runs with the hand and mal the PrObifl
termination of approval with transfer of proui-iv
could weal be ruled illegal if challenged,
Inappropriate Uses
— Some business activities which are popu[2lf in
home occuoahons possess operational (jjara(j,
Planning d Zoning News''
Istics which may create problems:
Use Problems
Beauty Shops Hair clogs drains, traffic
generation
Photo Studios Chemicals in drains, traffic
generation
Instructional Classes Insufficient exits for fire safety,
traffic generation
Upholstering Burning discarded materials,
large volumes of waste
Small Engine Repair Noise, fire hazard
Furniture Refinishing Chemical Disposal
— Communities may wish to exclude the aforemen.
tioned inappropriate uses via the implementation
of a prohibited uses list.
7. Zoning Districts
— Determining in which zoning districts home oc.
cupations should be perrr.ltted, is often a difficult
task for local governments. Many ordinances limit
home occupations to single family districts with
the justification that densities and land use intern
sities are too high, while parking is too limited in
multiple family districts. Such an argument may
not have merit for lower intensity uses such as
typing and sewing which could be conducted in
an apartment dwelling (absent negative impacts
to the neighbors).
— Two-family dwellings pose a problem when an in-
dividual intends to live in one unit and convert
the entire floor space in the other unit to a home
occupation,
--- Lease agreements for rental dwellings often ex
clude nonresidential uses in the dwelling which
would generally include home occupations.
LEGAL ISSUES
Enabling Legislation
The State of Vermont recently passed legislation
recognizing the right of home occupations to exist in
dwellings within small villages. Michigan statutes do not
specifically recognize home occupations. However,
neither do any statutes prohibit local units of govern.
ment from regulating home occupations. Michigan's
zoning enabling acts authorize use of the special land
use technique which permits designated uses in various
districts upon a finding that a zoning ordinance's stan-
dards and requirements have been met. Many or.
dinances utilize the special use technique to authorize
home occupations.
Constitutional Issues
There are a number of basic constitutional considers -
lions which should be considered when drafting home
occupation regulations. Several of these issues are
reviewed below.
Due Process—The community's procedural and
substantive mechanism for authorizing home occupa
lions should correspond to a rational relationship w,th
legitimate governmental goals such as the lessening of
I congestion and maintenance of the residential
character of a neighborhood.
Exclusion—Ordinances which totally prohibit home oc-
cupations from a community could face a challenge that
the ordinance is exclusionary. The community might
argue that it is seeking to prevent a nuisance thereby
mutually benefitting all property owners in the area.
Anti Trust—An ordinance may contain provisions
limiting the number of home occupations in an area via
a spacing (dispersion) requirement which could result
in an anti-trust case. It could be argued that limitations
on the number or location of home occupations con-
slitute an unreasonable restraint of trade and restrict
freedom of competition, Communities should be
prepared to justify the basis for. such restrictive
measures.
Free Speech—An ordinance prohibiting home occupa.
tions from advertising on radioltelevision has been in-
validated by at least one court as an unconstitutional
restraint on one's first amendment rights. The court
found that the municipality must show a "substantial
governmentai interest", not merely a "legitimate in -
latest"
The "Right" to Work at Home—In the celebrated Ver.
mont Home Knitters case, the court found that sewing/
knitting work conducted in the home, constituted a
violation of the Fair Labor Standards Act of 1938 which
contained restrictions on working in the home in an ef.
fort to prevent "sweatshops". A recent Wali Street
Journal Editorial noted organized Labor's attempts to
limit work at home,.
"While the federal homework restrictions are
limited to knitting, sewing and other crattwork, at
least 18 states and the District of Columbia have
evert more onerous prohibitions extending to
manufacturing and assembly work. Now, the AFL
CIO would like to see the restrictions extended to
include the most promising areas of new
technology -the home computer; al their conven-
tion last October, union leaders voted in favor of
banning computer homework. Sol Chaikin, AFL.
CIO vice president and head of the International
Ladies Garment Workers Union, said recently in
support of a federal ban on computer homework
that "we cannot afford to wall for a new history of
exploftation, wage and hour violations, child labor
abuse, and loss of office and factory jobs to
homework in that (the computer) field."'
The Journal's editorial staff wholeheartedly supported
the work at home movement. "Rather than impeding
the proliferation of homework, the Federal and State
governments should move quickly to eliminate the
existing restrictions. The America would truly be
the home of opporfunify."1
NON -ZONING LAWS
It is often incorrectly assumed that regulation of home
occupations is solely limited to zoning ordinance regula.
tions, The following discussion points out non -zoning
laws and regulations which could have an impact on
the operation of a home occupation.
Barrier Free Design Laws
In December of 1980 the Michigan Department of
Labor's, Bureau of Construction Codes issued an inter
pretation, with the concurrence of the Office of the At-
torney General, regarding barrier tree compliance in
existing, privately owned single-family dwellings, The
Bureau determined that if the primary status of the
dwelling is its use as a home, then it is not classified as
a facility used by the public and the structure does not
have to comply with the provisions of the Barrier Free
Design Law (Act 177, P.A. 1975), The law contains
standards pertaining to physical construction features
such as access ramps, extra wide doorways and bath-
room stalls, etc, in order to publicly accommodate
those with filched mobility. The majority of home oc.
cupation ordinances stipulate that a home occupation
is an accessory use which corresponds to the Bureau's
interpretation that the primary use of a dwelling Itous.
ing a home occupation, is as a residential use.
Catering
The Food Service Sanitation Ordinance adopted pur.
suant to Part 129 of the Michigan Public Health Code
defines food service establishments. The definition
specifically excludes private homes. Additional provi-
sions In the Ordinance result in a prohibition from
preparing food in a private home and transporting it
elsewhere for public consumption. Catering for wed-
ding receptions and graduation parties is the type of
small business which appeals to many as a possible
home occupation, Caterers licensed by the Department
of Public Health are often quick to alert local officials of
home caterers who provide competition and could en-
danger the public's health,
Licensing
Many occupations which are popular as home occupa-
tions require licensing by the State of Michigan such as
cosmotologists, land surveyors and medicalidental prac-
tices.
Uniform Traffic Code
Home occupations may result in on -street parking for
extended periods of time. Section 28.1814(1)(3) of the
Uniform Traffic Code, which is adopted by many
Michigan communities, prohibits the parking of a vehi-
cle in a public street for more than 48 continuous hours.
Day Care
Baby sitting is a "traditional" home occupation which is
becoming more popular as the percentage of women in
the work force increases, Act 116 of 1973 specifically
provides for the licensing of child care organizations by
the Michigan Department of Social Services. The Act
defines family day care homes as private homes in
which 1 but less than 7 minor children are received for
care and supervision for periods of less than 24 hours a
day, unattended by a parent. Such homes, which in.
clude the majority of home baby sitting situations, are
required to be registered by the Bureau of Regulatory
Service's Division of Child Day Care Centers and must
comply with specified requirements pertaining to
issues such as fire safety arid sanitation. The Bureau
advises prospective Day Care providers to check with
zoning officials in additions to obtaining the necessary
registration from the State.
Building Codes
Most Michigan communities operate under the Uniform
Building Code (UBC) or the Building Officials Code of
America (BOCA) or the State Construction Code (a
variation of BOCA), Alterations to residential structures
often precede the establishment of a home occupation
including such improvements as installing additional
doorways, plumbing improvements and interior walls.
Many zoning ordinances contain a provision prohibiting
any structural modifications for a home occupation but
July/August 19B4
ouch a prohibition could prevent alterations to acrom
modiste barrier -tree entrances and fire walls to improve
safety conditions.
Fire Codes
The Uniform Fire Code is utilized by many local Il-
departments. The code contains a number at regula
tions which could apply to home occupations such is
the storage of flammable materials (furniture rn
finishing), the use of mechanical or electrical equip-
ment which would result in a change in the fire rannt;
of the structure (welding) and the need to provide addi
tional ingress and egress to public occupancy areas for
home occupations, especially basements,
Private Covenants
The majority of private covenants (deed restrictions)
pertaining to single family subdivisions exclude business
and commercial activities. Many homeowners interport
such exclusionary clauses as being applicahle to horse
occupations. Clashes often occur when local decision
makers authorize home occupations via zoning p n
cadures while homeowners defiantly wave their deed
restrictions, This is a controversial area because zonh,rt
laws cannot Impair restrictive covenants which wo,d;i
constitute a governmental Infringement on the terms of
a private contract. On the other hand, the private cove.
cant is riot enforceable by the municipality unless it is n
party to it—an unlikely situation.
LITIGATION
Swprisingly little litigation has been generated by
home occupations in spite of the controversy often
generated by such activities, In 1+981 the Michigan
Court of Appeals determined that conducting proles
social counseling Is not a use "customrn y
incidential" to residential occupancy nor is it a perndl
ted accessory use in a single family district.' Many zom
ing ordinances allow "customarily incidental usesin
single family neighborhoods which could be interpreted
to include such activities as baby sitting, sewing and
typing services.
The Michigan Supreme Court in 1980 reversed a lo,er
court decision which had held that a community co Wrf
adopt an ordinance prohibiting parking of largo
vehicles in specific residential areas' Many ordinances
prohibit the parking of large, commercial. type vehicle-.
on residentially zoned properties which could limit II."
use of service vehicles by home occupations.
In 1982, the Michigan Court of Appeals permitted the
establishment of a licensed day care center for seven
children in the lace of a challenge by a homeowners
association that the use violated a restrictive coveri:vd
limiting use of property for "residential purposes '
The Court said that while nonresidential uses I.
general may violate the restrictive covenant, a rion
residential use may conform it it is "casual, infrequent,
unobtrusive and not harmlut to property values " I1,o
court concluded the obtrusiveness of morning s,id
afternoon traffic was outweighed by the strong public
policy for family day care centers'
TYPICAL REGULATIONS
It is a common fact of life that people are very proles
tive of the neighborhoods in which they live as is
evidenced by the popular saying of "not in n,r
backyard you don't"' On the other hand, a Sunday
afternoon drive through most residential areas reveals
the existence of many nonresidential activities which
typically take place in and around people's dwellings
As a prerequisite to draling home occupation regida
tions, community leaders should conduct a series of
discussions which attempt to define the type of residen-
flat neighborhoods which are desired. Formulating
quantitive measures for dimensional regulations (set
backs, lot area, lot coverage, etc.) is relatively easy in
comparison to addressing "sticky" issues such as
recreational vehicle parking, the definition of family,
and home occupations,
Consideration should be given to varying home occupy
I regulations for various residential areas. A ban on
most home occupations in high density areas may I,
TRENDS IN HOME OCCUPATIONS
Forbes Magazine estimates that by September 1983, there were 10,000 to 20,000 "felecommuters" or
persons working at home with computers.
Business Week reported In January Boal 200 U.S. Companies are experimenhng with some form of tefecom.
muting and that triple than 30 have, format telecommuting programs, Within a decade, 18% of the
workforce, of 18 million people will be delecorionl irrg and that over the next two decades, most people in
all levels of business will work at home at least 2"3 daysfweek. Advocates of telecommuting insist that inex•
pensive new technology such as facsimile transmitters, will remedy many of the difficulties that pilot pro
grams have suffered.
USA Today says that no one is ready to predict that faleconfmplars will eliminate the need for offices.
When New York Telephone offered the telecommuting option to workers in the company's marketing and
human resources department last year, city dwellers said they dill not want to be capped up in their tiny
Manhattan aparmeri single workers didn't warn to miss the chances for socializing in an office; and one
family Wean turned down the offer because he didn't want to be home with his mother lml'aw every day.
Gannet News reports that at least 10 million businesses are run in American homes, according to the US
Chamber of Commerce. That's how many list home addresses on the IRS form for sole business proprietors.
The Wall Street Journal reported in February that a recent AT&T study found 7% of the total American
labor force work at home full time, and that 6% pursue part time jobs at home.
A 2.450 acre subdivisacm of one -acre lots in Southhampton County, California. are being prewired for the
„high tacit age" according to USA Today, Each has combined electrical outlets and dual telephone lines at
two locations in each house, The developer reports "A compuferweady house is going to be that Much
more atlrill to buyers who can order and finance computer equipment up to '$3,500 in value along
with new homes.
Planning g Zoning News` .5
defensible where parking is limited and space is ;.
premium. Likewise, an exclusion
of welding shops lydam
i/ acre lot subdivisions would appear to make sense,
but such a use could satisfy
a need in five acre,
country -estate type areas
without posing any im-
mediate negative impacts to
the area.
A brief analysis of some of the most popular methods of
regulating home occupations
is provided below. it is en.
tirely possible, and in fact desirable in many situations,
to combine methods; for example allowing some home
occupations "by right" while
permitting others by
special land use permit,
homeowners have consti-
No Zoning Regulations
tutional rights to operate
Pros
Cons
—Avoids administrative
—Provides no "safe -
costs, places reliance on
guards" to adjacent
other non zoning laws
residents, constitutes an
which are not the re-
"anything goes" ap.
sponsibility of local
proach.
government.
personal property taxes.
Permitted/Prohibited Uses
List
Pros
Cons
--Easiest to administer,
—A prohibited use list
government only
should be justified by a
becomes involved with
showing as to how a rea.
interpretations of pro
sdnable governmental in-
spective uses or when
terest is being advanced
problems with existing
as per the Supreme
uses arise,
Court's Kropf v. Sterling
Heights decision (391.
Mich 139 (1974)
—Inflexible approach, in-
evitably "boarderfine"
uses will arise
necessitating intermeta.
!ions or variances by the
Zoning Board of Appeal.
—Often results in
lengthly lists attempting
to address and
categorize all possible
uses an impossibility.
Special Use Permit
Pros
Cons
—Provides for maximum—Time
consuming and
control in that requests
may result in over regu.
are reviewed on a case
lation of inconspicuous,
by case basis and stipu.
low intensity uses.,
lations may be attached.
—Expensive due to
---Citizen input may be
newspaper ads, citizens
provided via a public
notification, staff reports
hearing provision,
and public hearings.
--Potential nuisance pro-
Michigan's enabling
Mems can be addressed
legislation also requires
prior to the establish.
that site plans be sub-
ment of the use.
mitted for all uses sub-
jected to a special land
use permit procedure.
Intensity Approach (Differentiate
between Hi and Low
Intensity Uses)
Pros
Cons
—Can be tailored to
—Most likely would re-
match a community's
quire use of professional
needs. For example, low
staff or a consultant.
intensity uses could be
permitted by right
whereas high intensity
uses could be subjected
to a permit procedure.
Similarly, differentiations
could be made between
urban residential and
rural residential uses..
—Modern performance -
oriented approach which
is gaining acceptability,
Prohibition of home occupations
Pros
Cons
—in some high density
—Might tend to force
districts it may be
home occupations "un-
desirable and defensible
derground" resulting in a
to prohibit all, or nearly
number of problems
all, home occupations,
which could include ex-
-Certain high intensity,
pensive litigation.
potentially volatile, noisy
—It could be argued that
or large home occupa.
homeowners have consti-
tions may best be pro-
tutional rights to operate
hibited from any residen-
limited business activities
tial district.
in their homes. (see con.
stitutional issues
section).
--Unidentified home oc.
cupations could "escape"
personal property taxes.
—Michigan's zoning en.
abling acts provide that
a zoning ordinance shall
not totally prohibit the
establishment of a land
use in the presence of a
demonstrated need for
the use unless there is
no location within the
community where the
use may be appropriately
located, or the use is
unlawful.
RECOMMENDATIONS
— In order to allow the zoning administrator to make in.
formed decisions regarding the regulation of a pro-
spective home occupation, a standardized informa-
tional sheet should be provided to the prospective
operator requesting a written description of the pro-
posed business activities, and statements pertaining
to employees, traffic, floor coverage, use of accessory
buildings and commercial vehicles, structural altera-
lions, equipment used, signs, etc. Provide a space on
the form for the applicant to sign attesting to the fact
that his/her statements are true and that he/she
understands the responsibilities involved,
— Communities should exercise caution when con-
sidering annual monitoring of permits for home oc-
cupations. Urbanizing areas can be inundated with a
significant number of home occupations over a
period of several years which could create the need
for a full-time inspectorladministrator.
— Stipulate that the owner of a home occupation reside
within the same dwelling unit in which the activity is
conducted, Businessmen occasionally purchase du-
plexes with the intention of living in one unit and
operating a business in the other unit under the
guise of a home occupation.
— Specify that no more than one home occupation per
dwelling unit/property is permitted,
-- Recognize temporary home businesses in the or.
dinance. Some ordinances attempt to regulate
garage sales via the issuance of a no -fee permit from
the municipality and include standards such as
limiting the length of sale to three days at a time and
no more than three times a year. There are a myriad
of seasonal businesses that are popular at resider.
fiat locations including the following: firewood sales,
christmas tree sales, costume rentals (Halloween
and Christmas), deer processing, income tax
preparation, bait shops and vegetable stands.
— It could be argued that providing for mixed use
districts such as the old concept of a shopkeeper
running his/her business downstairs and living
upstairs would diminish the demand for home oc-
cupations.
-- Be cautious of implementing a spacing requirement
between home occupations.. The majority of home
occupations are inconspicuous. How do you justify a
specific spacing distance? It is very possible that if a
spacing requirement is in effect, there could be
"unauthorized" home occupations located within
the minimum distance.
— Limit home occupations to residential districts not to
residential dwellings. Residential dwellings often ex-
ist as nom conforming uses in non-residential
districts, therefore the community's intent s"old
be discontinuance of the use rather than permitting
a home occupation which would tend to prolong the
situation.
— It the community includes a clause in their regula.
tions reserving the right to terminate home occupa-
tions which violate the terms of the ordinances or of
its permit, a uniform procedure should be establish-
ed in order to avoid charges that decision makers
are taking a capricious and arbitrary action. Pro-
LULU PROCEEDINGS
AVAILABLE
Persons not attending the recent conference on locally
unwanted land uses (LULU'S) described in the June
issue of Planning & Zoning News can obtain a copy of
the proceedings from:
Continuing Education Division
Oakland University
Rochester, MI 48063
(313) 377-3120
HIGH TECH BANISHED
The tenth annual national Unicorn Hunters
Banishment Award for wordslphrases that
mis or over -use the english language has gone
this year to "high tech" and "build -down".
These two words were nominated by more
Unicorn Hunters than any others and the
count was so close it was called a tiein
describing the rationale for nominating "high
tech" for total banishment from use, a Unicorn
Hunter writes:
HIGH TECH. Used by politicians, adver-
tisers, and educators to signify nothing ex�
cept a vague jumble of concepts which they
favor, Its most important contribution to
the world of jargon is its potential for gram.
matical formulations, Does one use high
tech like a wrench? Or operate it like a
bulldozer? Practice it like a religion? Was
high tech invented, developed, discovered
or manufactured?
"Build down" on the other hand, was banish.
ed because it is "unwholesome terminology for
an etymological impossibility describing a
political improbability." Huh?
July±ugu St lube
F;re>sivell more stringent measures should be stint,
_- tared such as: ])Written warning; 2)Second --i
noting possibility o1 termination, and 3) Public hear
ing prior to termination.
-- Do not add stipulations to a home occupation ap
provai in order to appease "howling" neighbor s 4
the stipulations cannot be easily monitored and aro-
forced. Examples of such stipulations include sped,
fling hours of operation, specifying the maxrmlJm
number of people in the dwelling, etc.
— Communities may want to consider the Davis,
California Zoning Ordinance which contains special
provisions providing physically handicapped in-
dividuals a special review by the planning commis
sion when a home occupation is being considered
The ordinance permits the applicant to request a
waiver from the home occupation standards which
shall be reviewed at a public hearing with Ker,,[
consideration to the applicant's physical in3b➢tt3 lu
comply with the. s'tandar'd home occupation reipda
tions. However, while the public purpose of such a
provision is clear, in the absence of specific enabimg
authority, such an action could result in unequal
zoning treatment of similarly situated properties
— Do not overlook the importance of the intent)pur
pose section of home occupation regulation<,
Stipulate that home occupations shall be accessory
to the principal use (residential) of the propos 1,
Consider inserting a clause stating that home ar.
cupations should be operated such that the nci131
bors, under normal circumstances, would not Irr^
aware of their existence,
Mark Graham
Planning Directs,
Delta Township, Eaton Cnui,l;
RECOMMENDED READING
Planning lot Home Occupations, William To -
American Society of Planning Officials, Planning Ail
visory Service, Report No, 31.6. April 1976. 21 pP
"Performance Standards for Horne Occopa11(_', "
Frederick H- Allen III, American Planning Associa Env,.
PAS Memo, January 1984, 4 pp,
"Zoning for Home Occupations", Thomas Smith, Zoning
News, American Planning Association, March, 19%14,
pg 3.
"Home Occupation Ordinance", Morton, Illinois. 120
Main Street, P.0. Box 28, Morton, Illinois. 61550. ho,
1984, 9 pp,
Fool NOTES
"AI Name .d, 9atte¢Y'. 1 ". Plural,. Ou,l MaretlA. rastrwell al— ins
1982. Dl 0051
Th. O."aMd EaaY Cr 0rtre0e 0 OrAfth— Byre, S MoslawN ,ant Csl G W. -
real" lu 0"'. 10, Nese 0 HuMrn tlmveni 1. o 10, 1981
'Alin TolNer. No'. shxl. Random Nouse WE, 505 antes
Wail a wha,e Noma li Mall N'uon, 1111 541, leumal, cannel News S,�v,r�
January 9, 1983, pas. 7A and 9A.
' "No Workplace like Home', Well Street Journal. Editorial 4l,,
February 23. 1984.
Ibid,
' Uma, r 91wn1lad Th, 196 Nitro App 809, 308 NW2d ml 11980
' leMarn r ehntedidd rep., 409 A10 941 798 Nwtd 119801
Hardin Iamd bu hen ,, boor, 133 M,th Apo 322 119821
COURT OF APPEALS
(Continued from page 1).
The Court of Appeals determined that the Marketable
Record Title Act did not extinguish prescriptive ease.
ments acquired by hostile possession. The require
Tents for a prescriptive easement; open, nol.
continuous, and adverse use across the land of another
for 15 years were found to have been met in this casr,
Consumer's used the dam from 1927 to 1970 floodlit;
the properties of the plaintiffs, The Court noted
"Whus, i7 a claimant has obtained a conveyance of
an easement which is ineffective, his use of M,
subservient estate, made on the assumption that lho
conveyance was legally effective, was adverse ,and
not made in subordination to the owner of the
burdened estate," Cook, supra, slip op, at 3, quotimg 3
Powell on Real Property §413 pp. 34109, 110 Ihr
Court concluded that even if the express easements
were extinguished by the Marketable Title Act, Grand
River Hydro still held prescriptive easements establish
ed by Consumer's Power over the property,
The Court also rejected property owners equitable
estoppel argument, noting that Consumers was under
no duty to update county easement records, nor to ir,
form the owners that they may someday exercise Iter,
easement. Further, no evidence presented indicated
Consumers made any representation it would not
operate the dam. Thus, Grand River Hydro was nol
estopped from using the dam,
Finally, the Court dismissed the property ownersdams
based upon the MEPA. The Court of Appeals ag,ced
with the trial court's finding that no evidence was
presented showing unique plant life would bo de
stroyed nor that displaced animals would be dep,'ws:rl
of a suitable living environment by the operation of if,
dam. The Court concluded, "(wild find that the deh=n
cant's operation of the dam does not rise to leve) or
impairmeof or destruction of natural resources so baa
to constitute an environmental risk and ju,sbiv
judicial intervention." Cook, supra, slip op, at 5
Court Summaries hy'.
.L Michael Banes, P C P
Community Planner
Senior, Detroit College of Law
Royal Oak
Village ctivIount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John Fulton Dixon, Village Manager
FROM: Chuck Bencic, Director of Inspection Services
DATE: August 9, 1990
SUBJECT: Camp Mc Donald Road - Mandel to River Rd.
Jurisdictional Transfer
Per your note on my July 6, 1990 memo concerning the County's
proposed improvement and jurisdictional transfer of Camp McDonald
Road, I will contact the County to have them revise the agreement
to include a three (3) lane section with curb and 'gutter and
an enclosed storm sewer system and the use of concrete pavement.
However I suggest we might want to have our informational public
meeting with the residents prior to contacting the County to
determine what type of improvements the residents would like
or if they want any improvements at all. If the residents are
firmly against any improvement and the Village Board sides with
them, or decides they will not accept a jurisdictional transfer,
then there is no sense asking the County to change the agreement.
when we hold the public information meeting, would you want
to consider holding it in the neighborhood -- possibly at the
District 26 school or River Trails Park District facility which
are both on Burning Bush Road, between Euclid and Camp McDonald
- or at one of the Village offices. There are about 88 lots
which face onto Camp McDonald Road and we might also get some
attendees from the surrounding neighborhoods.
Please notify me if you want me to contact the School District
or Park District for use of their facilities and what time and
date would be best for a meeting. Do you want to invite the
Mayor and Board to attend this type of meeting?
Chuck Bencic
CB/bv
Mount PINTEROFFICE MEMORANDUM
rospect Public Works Department
nm cm m
TO: Village Manager
FROM: Director Public Works
DATE: July 6, 1990
SUBJ: Jurisdictional Transfer Camp McDonald Rd.
I recently received a proposed agreement for the maintenance and
jurisdictional transfer of Camp McDonald Road between River Rd.
and Mandell. On May 31, 1990, 1 sent you a memo relative to a
meeting that I attended in Prospect Heights with their city
Manager, representative of the Cook County Highway Department
and engineering representatives from Prospect Heights,
Arlington and Wheeling. ,
In this memorandum there were some items that I felt should be
addressed prior to signing an agreement. Under Item I, Page 2
of the proposed agreement it states in part that "there shall be
a two lane cross section from Dale Ave. to Des Plaines/River
Road". The Village engineer and I feel that there should be a
third lane for the entire distance to be used as a left turn
lane for our residents fronting on Camp McDonald Road.
Further it was discussed that the Village may want to consider a
concrete street versus gravel base and bituminous surface. It
is also my understanding that residents in Mount Prospect adja-
cent to Camp McDonald Road have previously voiced opposition to
this planned improvement and it may be prudent to schedule a
public discussion with those residents.
Further, the agreement stipulates that the City of Prospect
Heights would take over maintenance of the full width of the
roadway between Rt. 83 and Dale Ave. Currently our corporate
limits are the center line of Camp McDonald Rd. This action
could affect the condo owners in the Colony Country multifamily
housing area.
While in my opinion it would be beneficial to have this roadway
improved and an enclosed storm sewer installed I would recommend
that the resolution state in part that "the Village of Mount
Prospect must approve the preliminary and final plan based on
local conditions prior to said implementation and transfer of
jurisdiction".
INJW�Z'V_"�Z 1,11IL1,41-1
Herbert L. Weeks
HLW/eh
CC: Village Engineer Bencic
CPMCTRAN.SER
Village of Mount Prospect�N
Mount Prospect, Illinois
L
INTEROFFICE MEMORANDUM IV
TO: HERB WEEKS, DIRECTOR -OF PUBLIC WORKS.
CHUCK BENCIC, DIRECTOR OF INSPECTION SERVICES
FROM: CAROL A. FIELDS, VILLAGE CLERK
RE: JURISDICTIONAL TRANSFER, CAMP MAC DONALD ROAD
DATE: JULY 5, 1990
Attached is a copy of the proposed agreement to assume the
maintenance and jurisdiction of Camp Mac Donald Road between River
Road and Mandell.
This is a multi -municipal jurisdictional transfer involving
Arlington Heights, Prospect Heights, Wheeling and Mount Prospect.
If everything meets with your approval, this matter will be placed
on the Village Board agenda for the July 17th meeting.
Carol A. Fields
Village Clerk
caf/
Att.
cc: John Burg, Assistant Village Manager
ILLINOIS LEPAKMERr (Conveyer) (Facipients)
CIF TRV4SPORTAnON
MY OF PFC6PECT HeIGMS
10M AGENCY AGRM4M 7M COWN OF COOK vnIA(XOF KUNZ%
JURISDIMONAL TRANSFER HEIGMS
VIUAGE OF MaW PFOSPECr
(The Villagef is also a party to this agreement, for assent to a transfer.)
of
0
I AOOOR��XMJU�
N ODF-DANCE AEAMRITY granted ih Section 4-409 of the Illinois Hi9tamy Oade, this
agreement is made and entered Into between the &bow local agencies to transfer the
jurisdiction of O.W M=OKALD
R.VD, Cbkmty Hi j�' 'U A58, Rand Fbad to Des Plaines
River Road, 3.30—miles injength overall, as follows:
Rand Road to Dale Avenue, 0.15 mile, to Village of Arlington Heights
Dsle Avenue to M*A--1 law, 2.40 mile, to City of Prospect daights
Mandel to DesPlaines
Piver Toad 0.75 mile, to Village of Motmt Prospect
16Fal mv—m' 3. 10 mile
NOW
Executed by the *parties an the dates of adopted ordinances and resolutions attached:
THE COUNTY OF COOK, Conveyor Village of Wheeling
By Village President
Agreement Approved by City of Prospect Heigh en
Illinois D--partmnt of Transportation By Mayor
Village of Mount Pro TRecipi
By Mayor
Ire
'cts�
r orTj
.1 1 Tways Village of Arlington jij,74—htsRC--"TjT,—e--t
Date - By Village President
Efl`ect'Nie date of
ADDENDUM #1 STIPULATICM
•r rt- • an agreement beteen The 000unty of Cbok, the Village of Wmaeling, the
City of Proqxrt Heights, the village of Arlington Heights and the Village of
M3Unt Prospect, for improving Cwp McDonald Road between Rand and Des PIAJ
River AuNdS and Vubsaq,.Mtly transferring jurisdiction and maintenance from the
County to the aforesaid municipalities
1- Tne improvement, by the 0ounty at County oost(except for new sidew&Lks Wwor
street lighting),shall consist of a four lane cross section from R%nd kad to
We Avenue, two lane cross section from Dale Avenue to Des Plaines River Aoad;
intersection channelization as determined from design study, and reoonstruction
Of the drainage structure at McDonald Crack, No. 3092, presently a
0ountv win:
a. Upon x;oeipt of approval � of final plans from m•xmt prospect, Arlington Heights,
Prospect Heights, and Weeling, based on previously approved preliminary
Plans, advertise,award, construct, and supervise •• a•
PaY for the cost of •w exoepting new sidewalk (not replacement
sidewalk) and street lighting;
b. Coordinate all matters requiring same with the municipalities through all
design and oonstruotion phases, invite tk*m to bring any matterssof concem.
to the County resident's attention, and to participate in final inq*ctioq,.
c -Acquire any right of way, includin4'ea`sementi, for 'the inproveolent!
d. Transfer jurisdiction of Canp McDonald FcM to M=zt Prospect, Arlington
Heights and Prospect Heightsf the latter subject to approval of the Village
of Mvueling over part of same), subsequent to acceptance of each municipality
of that part of the improvement as listed on the previous page hereto, and
transfer maintenanoe of said road* to -each municipality accepting jurisdiction
within the jurisdictional limits.
3. The Villages of M-ieelinq, Arlinqton Heights, Mount Prospect and the City of
Prospect Heights will each
a. Promptly review plans subndtted*by the County and comment on same so as
to avoid unxxxvssary delay,
b. With respect to the corporate Limits of eacl, mnicipality, pay for tl)e
construction, installation and operating costs of any new sidewalk and/or
street lighting desixedby that municioalitv to be included in the project;
Payments are to •TM m3de by check payable tothe Treasurer for cook county
for deposit in the county's Motor Ful -I Tax F�und Account 600-570, and sent
to the Superintendent of Highways; payments are to be made within thirty
days of date Of a statem--nt fran the County to Ue municipalities involved
af ter acceptance of t1v sidewalk' and/or lighting from final inspection.
4. Rhe City of Proqwat Heights will
a. Paw the Or�cs, A&Iendum #3 -PH bereto, declaring intent. to aoompt
jurisdiction am CmV MWonald RMd f= Dale Aveaus to the west
right of way line of Mwx*l -tane follasifig aocq,>twm from inspection
of the ompleted iMMwsmentQxmtyfincluding Structure #3092);
said ordinance to be passed with executing this agreement;
b. Accept the jurisdiction at the future date indicated in item 4a;
c. Assume •^ of rr. • MaDonald ••_• from Rind ••.• to the west
right i •way lineof • Won written• •" from county
to do so following aooeptanoe by Proq3ect Heights and the 0=Tty from
inspection of the ccapleted Improvement, including Structure #3092;
d. Paoognize the term of any existing intergovernmental agreements penoerz?lr4
the exercise of the aforesaid jurisdiction and maintenance over_*
1) the south half of Camp McDonald Road between Dale Avenue and Elmhurst
Road which lies within the corporate limits of the Village of Mount
Prospect,
2) the north half of Camp McDonald Road from McDonald Creek to Wolf
load which lies within the oorporate limits of the Village of Wheeling
3) Camp McDonald toad bei Rand Road arra Dale Avenue, which Lies witlin
the corporate limits of the Village of Arlington Heights and will be
subject to the jurisdiction of the Village of Arlington Heights.
S. The Village of Arlington heights will
a. At the time it executes this agreement, pass the ordinance, •,«
declaring intent to accept jurisdiction of Canp McDonald pcad from Rand
FcM to Dale Avenue upon acceptance of the ampleted improvement from
inspection with the Countyisaid limits being the corporate limits of
Arlington ;
•. Assume jurisdiction ofCaupMcDonald • o •uponacceptance •
rn said
inspection,
consenttomaimtenanceof CampMcDonald •.o •from Randpoad to Dale Avenue
by the City of Prospect Heights as in item 4c above, such consent conveyed
by ; •aHeights'#, of
6. The Village of Mount Prospect will
a. At the time it executes this agreement, pass the Ordinance, Addendum 0-W,
declaring intent to assume4 • .• maintenance of p McDonald
Foad from the west right of way line of Mandel Lane to Des Plaines River
Road following acceptance from final inspection with the County;
b. Assume jurisdiction of Camp McDonald Road from the west line of Mandel
lam immeidiately following said final inspection acceptance;
c. Assume maintenace of said length of Camp McDonald Road upon written notice
to •• so from the County• • • acceptance from ••- •.
* executing agreement,•• • • .* •
juris-
dictional assumption of Camp MrDonald R:�ad, south half, from Dale Avenue
to Ehnhurst R•-• by of Prospect H- •1
ADDENUR #1 STIPUIATICNti. Page 3
7. The Village of Wheeling, by W=uting this agreertmt, will thus consent
to maintenance and assumption of jurisdiction of Camp McDonald Riad,
north half, from McDonald Creek to Wblf'R:)adby the City of Prospect
Heights, the latter in the course of obligations to be assumed by it
herein. The Village shall attach authorizing minutes for execution.
8. This agreanent shall be processed in six original copies, one being for
the Illinois Department of Transportation. When effective, it shall
bind the parties hereto, their successors and assigns.
ELK GROVE TWP., PAGE 19 MAINE TWP., PAGE 20
12 Part of AI MMNG
TOWNSHIP
W,
O
Paialme 9
Rd
4-1
Camp Mc(onajd Rd
Kensington Rd
ci
Adderidun #2
CITY OF PROSPECT HEIGHIS
MNICIPAL OFODWKE No.
Concerning the addition of Camp McDonald Road between the limits of
Dale Avenue to west right of way line of Mandel Lane
to the municipal street system at a future date:
Wl*zeas,the Ci*,y of Prospect Heights and The County of Cook,are entering
into agreement for the improvement by the County and transfer of lurisdiction
Of Camp McDonald FOad from Dale Avenue to west right of way, Mandel Lane
to the municipa.1 street system of this mnucipality;
Now Thereforepbe it ordaine<f that at such time as the City of Prospect Heights
and Zie, County of Cook acoept, from Joint inspectiono certain impmmrents
to the said',parf. of,lczxrp McDonald Fbad, 'with due written xecord having been
made Of said Aoc�ptance,and forwarded to the Illinois 'Dei f Trans?ortatio
that CzM McDonald Ybad from Dale Avenue to the west r 10 e I
c
ig t of w8 Maz id lane,
shall then.and thexeafter be a m cipal street of this mmici, lity,
cane Jni loa
and deleted`f ' tm�, the County -Highway System.
The Cleark'Of this myniciPalitY is directed to see that a certified oopy of
this Ordjmwxe is attached as Addendum #3 -PH -to the agreement being entered
into with The, �bunty Of Cook (six copies of said agreement) and to forward
all six coptes for execution to the =nicipality indicated in the letter
of transmittal from the County concern" this'agreement; further, to file
an additional certified copy witifti-A6,111inois Department of Transportation
for informational purposes.
Certification
City Clerk in and for the citV of Prospect Heights,
a m-micipal corporation of the state of Illinois and keeper of the records and
files of said mzdcipality as provided by Statute, do hereby certify the fore-
90ing to be a true, -Perfect and amplete copy of an Ordinance passed by the
City COUnciL City Of Prospect Heights'
at itc me•held an 19
In testimony whereof I have hereunto set my hand and affi-x9d. the saal of this
m1nicipality at my office on the above date.
SEAL
City Clerk
ADDENDUM #3-FPH
VILLAGE OF MOUNT Pmspwr
MUNICIPAr ORDINANCE No.
Concerning the addition of Cap McDonald Road between the limits of
the west ri
ht of-yway line of Mandel Lane and Des Plaines River Road
to the muni 1pal street system at a future date:
Whereas, the VJllage of Mount Prospect and The County of Cook are entering
into agreeient for the imprOvenent by U* County and transfer of jurisdiction
Of CxT McDonald Pbad from west right of Way, Mandel Lane to DesPlaines River Road
to the municipal street system of this municipality,
Ncw Therefore,, be it ordained*that at such time as the Village of mcxmt Prospect
and 7' heCounty of Cook &=Vt, from joint inspection, certain impromTents
to the having been
Made of t of Transportation,
that
SWI to DesPlaines River Road
and del municipality,
The Clerkof this municipality is directed to see that a certified copy of
t1us Ordinance is attached as Addendum #3 -MP -to the agreement being entered
into with The_itbunty af Cook (six copies of said agreement) and to forward
all six copies tor 6xec��n to the mmicipality indicated in the letter
of transmittal from the County concerning this*agreement; further, to file
an additional certified copnois Department of Transportation
for informational purposes.
Cer�if'ication
Village Clerk in and for the Village of Mount Prospect,
a municipal corporation of the State of Illinois and keeper of the records and
files of said municipality as provided by Statute, do hereby certify the fore�
going to be a true, -perfect- and amplete copy of an Ordinance passed by the
Village Board of the Village of f -bunt Prospect
at its neeting held on 19
In testJumny whereof I have hereunto set my hand and affixed the saal of this
municipality at my office on the above date.
SEAL
Village Clerk
ADDENDUM #3- Np
I I 'it I - a 0
Omxxraing the addition of Camp !McDonald Fcad between the Limits of
. Rand ROM to Dale Avenue
to the municipal street system at a future date:
Whereas, Village of Arlington Heights' jnd The County of Cook are entering
,Into agreement foo• w by the County and transfer of jurisdiction
of Camp �L-Donald Road from Rand Foad to Dale Avenue
to the nwdcipal street system of this municipality;
Now Therefore,,be it ordained that at such time as the Village
and T' ue- County of Cook accept, from joint inspection, certain IvMweTents
to the hwAng been
made of t of Transportation
that
sha�ll murlicipality,
and r -l
The Clerkof tbis municipality is directed to see that a certified copy of
this Ordinance is attached as Addendum #3 -AH to the agreement being entered
into with The County of Cook (six copies of said agrement) and to forward
all Six OOP'es for execution to the =niciPalitY indicated in the letter
Of transmittal from the County !• •` this'agreenient, further, to file
an additional certified copy with7 the'lilimis Deparbnent of Transportation
for informational purposes.
Certification
Village clerk in and for the
Village of Arlingtcn Heights
a municipal corporation of the State of Illinois and keeper of the records and
files of said municipality as provided by statute, do hereby certify the fore_
going to be a truce, -perfect and complete copy of an Ordinance passed by the
Village Board of. the village of Arlington Heights
atat its meeting held cn lg—.
In testirrany whereof I have hereunto set my hand and affixed the seal of this
municipality at my office on the above date.
SEAL village Clerk
C1.YrtI1CATt Nt %X9rrx Of Rr.C4wn3 Alto fI "—P.0 Pwi s+..
I, Stanley T. Kuaper, Jr., County Clerk of Cook County,
in the State aforesaid and keeper of the recuras and h1es of said Cook County, do hereby
certify that The Board of Commissioners of The County of Cook at
their regular meeting held on the date indicated below,
Passed the following resolution:
l��s�I,uxlorl
Resolved by the Board of Commissioners of Cook County, Illinois, on behalf of
The County of cook, that Camp McDonald Road from Rand Road to Des Plaines River
Road is to cease as a county Highway and became a municipal street uTIder the
separhte"and distinct jurisdictions of the Villager of Arlington Heights,
the Village of Mount Prospect and the City of Prospect Heights, as described
in the attached agreement to which this Resolution is marked Addendiun #4,
and that the mLnucipalities-are to accept maintenance thereover as shown in
said agreenent, all subsequent to an improvement by the County Department of
Highways and acceptance by the said nuucipalities frau inspection of the
oompleted project, all subject to approval of the Illinois Departnent of Trans-
portation of this agreement and notification of said Department of Transportation
of said acceptances fran final inspection;
all of which appears from the records 'and files of my office.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the Seal of said County at my office In the City of
Chicago in said County, this
day of A D. 19
C40W CIVIL
RESOLUTION NUMBER P5P-/7(�
RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT
TO EXECUTE AN AGREEMENT WITH COOK COUNTY
FOR THE JURISDICTIONAL TRANSFER AND MAINTENANCE
OF A PORTION OF CAMP MCDONALO ROAD
WHEREAS, The Cook County Highway Department has proposed to undertake certain
improvements to Camp McDonald Road; and
WHEREAS, following completion of said improvements, Camp McDonald Road will
cease to be a County Highway and become a Municipal Street under separate and dis-
tinct municipal jurisdictions; and
WHEREAS, a portion of the northern one-half of Camp McDonald Road lying wester-
ly of Wolf Road is currently located within the Village of Wheeiing's corporate
limits and is inc luded in the proposed Roadway Improvements; and
WHEREAS, it is deemed not to be in the best interest of the Village of Wheeling
to accept jurisdictional maintenance responsibilities for the northern half of a
segment of Camp McDonald Road; and
WHEREAS, The City of Prospect Heights, Illinois is desirous of accepting the
jurisdictional transfer of that portion of Camp McDonald Road, currently located
within the Village of Wheeling, in order to resolve future maintenance problems
associated with split roadway jurisdictions; and
WHEREAS, Cook County has prepared a Jurisdictional Transfer agreement whereby
the Village of Wheeling will consent to the maintenance and assumption of jurisdic-
tion of the northern one-half of Camp McDonald Road, from Wolf Road to Camp McDonald
Creek by the City of Prospect Heights.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF WHEELING, COUNTIES OF COOK AND LAKE, STATE OF ILLINOIS, that the Viliage
President is authorized to execute the agreement for assent to transfer, as prepared
by the County of Cook, as attached hereto and made part of this resolution.
Trustee moved, seconded by Trustee a/Z.e dS G'AT�
that Resolution Number ��^ //�� be adopted.
Trustee Abruscato
Trustee Altieri ! T Sr
Trustee Hartman
Trustee Ratajczak Z&d
Trustee Rogers ?Y4
Trustee Whittington z�Z4
ADOPTED this G 4 day of_ , 1989, by the President
and Board of Trustees of the Village of Wheeling, Illinois.
Sheila H. Schultz, Village President
Village of Wheeling
ATTEST: _
Lois J. Gaffka, Village Clerk
4 RESOLUTION R-90-59
A RESOLUTION APPROVING THE EXECUTION OF A
CAMP MC DONALD LOCAL AGENCY
JURISDICTIONAL TRANSFER AGREEMENT
WHEREAS, the County of Cook has approached the City of Prospect
Heights offering the improvement and transfer of jurisdiction of Camp
McDonald Road to the City; and
WHEREAS, the City, along with the Villages of Mount Prospect,
Wheeling and Arlington Heights, are evaluating the benefits of said
transfer; and
WHEREAS, the Agreement stipulates that the four communities
must approve the preliminary and final plans based on local
conditions prior to said improvement and transfer jurisdiction.
NOW, THEREFORE, Be It Resolved by the City Council of the City
of Prospect Heights, Cook County, Illinois as follows:
Section 1. The City Council hereby finds and determines that
the facts setforth in the preamble hereto are true and correct and
hereby adopts the same as part of this resolution.
Section 2. The Mayor and City Clerk are hereby authorized to
sign and execute the County of Cook Local Agency Jurisdictional
Transfer Agreement for Camp McDonald Road attached hereto as Exhibit
"A".
Section 3. This Resolution shall be in full force and effect
from and after its passage and approval as required by law.
PASSED this 2nd day of July 1990
APPROVED this 3rd day of July 1990
ACTING/KYOJ(
ATTEST:
K-111,11
\,CITY CLERK
AYES: Chickerneo, Jung, Merle, Richartz, Shipanik and Sunde
NAYS: None
ABSENT: Lutzow, Rotchford
TO:
FROM:
DATE:
SUBJECT:
Mount--efres'ect Public Works 1.- partm+ent
7 A
INTEROFFICE MEMORANDUM
Village Manager
Director Public Works
May 31, 1990
Camp McDonald Road
c: Chuck Bencic
UAL
U T
A
Chuck Bencic and I attended a meeting with Bob Kiely of Prospect
Heights, Bob Hedrick of the Cook County Highway Department, and
the engineering representatives from Prospect Heights, Arlington
Heights and Wheeling. The purpose of this discussion was to
review, with the Cook County Highway Department, the possibility
of their improving Camp McDonald.Road, from Rand Road to River
Road.
This issue has been informally discussed for nearly a year, and
it appears that the County may be anxious to make the necessary
improvements and relinquish its responsibilities by jurisdiction-
al transfer to all the communities involved. As you will note,
by the attached map, the Village of Mount Prospect would only be
agreeable for maintenance and jurisdictional transfer of that
portion between Mandel Lane and River Road. Per previous discus-
sions, the south one-half of Camp McDonald Road, by Old Orchard
Country Club, would be improved; however, maintenance and juris-
diction would be assumed by the City of Prospect Heights. The
City of Prospect Heights is also willing to take over traffic
control on that stretch of roadway.
Cook County's basic plan calls for a two-lane cross section for
the entire distance, with channelization at specific intersec-
tions. The bridge at McDonald Creek would be designed for four
lanes in case Prospect Heights would find it necessary to widen
this roadway to that width. There is also the possibility of
four lanes at the Soo Line railroad crossing near Camp McDonald
and Wolf. The Cook County Highway Department would not approve
installation of new sidewalks, but could consider planting of
some trees along the right-of-way.
The Village of Arlington Heights requested a four -lane cross
section on that stretch of roadway between Dale and Rand, which
the County will seriously consider. Bob Kiely from Prospect
Heights will make contact with the school district regarding
their preference for the roadway width at Schoenbeck and Camp
McDonald.
There also is a park involved, and it is possible that the City
of Prospect Heights may want a four -lane cross section between
Dale and Route 83 in Mount Prospect. Plans are currently in
-6
progress for channelization and signalization of the intersec-
tion of Wheeling Road and Camp McDonald Road and for River Road
and Camp McDonald Road. The County does not believe there will
be any right-of-way problem on any length of the roadway. The
County is willing to put in storm sewers and curb and gutter,
but they would not be agreeable to improve the road and then
contract with the communities for the maintenance thereof. Any
improvements would have to be with the jurisdictional transfer.
Bob Kiely will be receiving traffic counts from the County on
Camp McDonald Road, and he'll forward these to us. It is Mr.
Kiely's intent to bring this before the Prospect Heights City
Council meeting on June 18, 1990. If they approve it, then the
agreement would be sent to either Mount Prospect or Arlington
Heights for approval of their portions of the roadway.
Some items that I feel should be addressed are as follows:
A. Between Mandel and River Road, there are many driveway
entrances to single-family homes. We are concerned about
the potential for accidents if there were no left -turn lane
for residents trying to enter or exit their properties. As
such, it is our recommendation to make a request to the
County for a three -lane roadway between Mandel and River
Road and that the third (or center) lane be a turning lane
only, with no raised median - only painted lines.
B. In keeping with past discussions with the Board, we may
want to request that the County make this a concrete street
versus a gravel base with a bituminous surface.
C. I would suggest that a public discussion be scheduled for
the proposed improvements with all residents in Mount Pros-
pect whose properties abut Camp McDonald Road. We have
received telephone calls from some residents east of Mandel
Lane who are not in favor of any type of improvement, as
they are concerned about an increase in traffic. Also, on
the Colony Country planned unit development, it may be wise
to contact their homeowners association for their input
before any final agreement is reached.
Mr. Hedrick of the Cook County Highway Department believes pre-
liminary design, including survey work, has started, even though
the communities have not approved the cross section. He feels
that, realistically, the plans could be completed after our
review, and storm sewer installation could begin as early as
fall of 1991, with the remainder of roadway work being done in
1992.
HLW/td
attach.
bc: Superintendents
,I'*t0,
111
ti.
October 10, 1989
Villaae of
255 West Dundee p4ad
POBOxV
Wheeling, Illinois 60090
Attn Village t
ArlingtonviLi,age of Arlington Heigd�
. -„ .
Arlington Heights.,.w00
Attn • - • J
Village of Mxmt Prospect
100 South & erson street
Mount Prospect, Illinois 60056
Attn Mayor
City of Prospect Heights
4 Fast Cam MCDXA ,d Foad
Prospect Heights, Illinois 60070
Attn Mayor
Re Carp McDonald Asad
Rand Fbad-DeSPlaines River Road
Inprovement, Transfer of Jurisdiction
and Maintenance to Three Municipalities
Agreement
Enclosed for execution and information are copies of the captioned agreement
as foilows: Six7 copies to Wheeling for execution, one copy to each of the
other three =nicipalities foradvance information. The substance of
agreement is set forth in the first page and Addendum, #l, having been
ly
discussed • .• ,,...."`•!.'. .';:.♦ about •' ♦ County Mjmunicipalities.-
W�eeling is asked to owcute first, because of Its 1IMited
and
forward ••. to 11. of Prospect Heights.Y Mo .. ty is to
Should Process and send the six to Arlington Heights, wtlich, after processing
the six, • •return thmto the 03)' Eq)editicus handling
is re=mw1ded SO that the County can begin the work at #n early date. The
OxmtY will e>wcute and send all six to the Illinois Department of Transportation
for approval signatures on each. imr is awced to return One origixial d=xent
to the four nzacipalities and to the Clounty, retaining one for record.
Ve y s,
t.
enn. eri
Superintendent of Highways
Cook County, Illinois
Copy_ IDOT Schaumburg, Attn Omar Nashif
ww • 1* • w 1` •
Oki ;j
Me •je•i•wrr•n• is • party to agreement • assent • transfer.)
+1IN•`i •
granted • 4-409 of •is HighAmy •• • .
, this
agremmt is madee s entered into bebeen the . • • local agencies to transfer the
jurisdictionof •A * m=cwn FnAD, county • ASS, Rand *•b ♦ to Des Plaines
• '•. • •• �. 1 •• • • • • •
'• ••.• 1 • • • • • ••:
• •
• '• • • Mw. ^ .AIM.. • /lY • :.w • ••
S.alb• • • •! • • - II iAlk•
�.•,, • •u .••
: , • p • S`.IM Alk •.', • ". • • •• • . e
•AAA •. • �—•_ • — • •• •
• r
•" • • • Mk Ilk • • • -
y ties on the dates of
'ry OF COOK, Conveyor
7vi,r " r It tgvroved by
I11"O,is i, art'nt of Translx)rtation
Mi. 7j c G)- c;f-T71,T1 _--
Ua �
Effective date of agreewnt
adopted ordinances and resolutions attached:
Village of t•b(x--ling
By Village President
City of I-"rospect heights , Recipient
By Mayor
Village of Mout I,rosix•ct, Reci }dent
By 1`.-I" or
Village of A'u-)itrtt�n Ikr1( liLti •nt
By Village
• r • N rv• • .
Cbnoerninq an &Mwmtbeteen The OCKInty of Mok, the Village of %bftling,,
ProspectCity Of *.Village
COMount Prospect, for improving Cwp ft.-UxuM R3ad bebmen pand and Des Plaines
to the aforesaid nzxicipalities i
1. The improvemnt, by the (bu
street ligfiting),shall oons
[dale Avenue, two lane cross
intersection lization
of the drairswo structure a,
bridges
2. The O=tv will:
ity at County cost (except for new sidewalksand/or
.st of a four lane cross section fron Find Fined to
section frau We Avenue to Des Plaines River Road;
as determined from design study,, and re=nstruction
ana W Creek, No. 3092, presently •
a. receipt Of *PrMaJL -Of firall Plana from M:Mt Pxoqxct,, Arlington Heights,
• advertise,
. v ... * constructand s4pervise.. •.
Pay for the cost of the inrvmmvmt exopptiM new sideALlk (not repIAceaent
sid'.w andstreet•i. •
design and oxtstruction phLses, invite them to bring any matterssof concero,
to County resident'sattention,and to participate fijW ""* +.
C.Aciquire any rightofway, including*ea��ts,•
Heights and Prospect Heightst the latter subject to aRproval of the Village
of » • over part ofsubsequent to acceptance +. each =nicipadity
Of that part of the iaprovewtnt as listed on the previous page hereto, and
transfer maintenance of said road* to -each mznicipatlity acioepting jurisdiction
within the j ,• -iona limits.
3. The Villages of W-ieelinq, Arlington Heights, Mount Prospect and the City of
Prospect Heights will each
a. * the County and ccrmvent-
so as
to avoid =xxxmsaxy delay,
b. With respect to the corporate limits of eadi rv.ucipality, pay for tI)e
construction, installation and operating costs of arry new sidewalk and/or
street lighting desired -by that mviicioautv to be included in the project;
PayrWnts are to be ma&- * d -0-A PaYable to the Treasurer for Cook County
for depos't in the Count'Y's MOtcr Fuel Tax Rrd Account 600-570, and sent
to the '* ` • Of *h
»•.. • • r ••m«. . ea.. . tw:.. • • w• • e 1
•:s. �•w•..:.a. .-. ..
1) the south half of Camp McDonald Road between, Dale Avenue and FIRtnsst
Road which lies within the corporate limits of the Village of Mount
Prospect,
2) the north half of Carp McDonald road frau NWX,9L1d Creek to Waif
Read which lies within the corporate limits of the Village of Wheeling
3) Camp McDonald Road between Fund Riad and Dale Avenue, which lies within
the corporate limits of the Village of Arlington Heights and will be
subject to the j of the Village of Arlington Heights.
S. The Viii of Arlington heights will
a. At the time it ex0CUtes this agreeltent, pass the Ordinance, Addend= #3 -AH,
declaring =tent to accept jurisJiction of Cmr McDonald Rvd from Pand
• • • .o --ale Avmueupon acceptance r of coupleted inprcyemmt from
inspection with the Countyisaid limits being the corporate
ArlingtonHeights)
.am fram said
inspaction,
c. Consent to maintenance of . McDonald ""•:. frcm Fond *.a • to Dale Avenue
by of Prospect Hei•f .. a 4c aboverc consent conveyed
by ArIkIgton Heights' exiecution of this agreement.
6. .The Village of Mount. Prospect will
a. At the time it executes this agreement, pass the Crdinance, A dendxm 3 -ME?,
declaring intent to asstm jurisdiction maintenance of Cwp McDonald
Road from the west right of way line of Mandel Lam to Des Plaines River
Road following acceptance from final inspection with the County;
b. Assume jurisdiction of Carp McDonald Road from the west line of Mandel
Lane iRa�iately following said final inspection acoeptarnoe;
c. Assume maintenace of said length of Camp McDonald Road upon written notice
to do so frun the County following acceptance from said final inspection,
d. By executing this agreement, consent to the future maintenance and juris-
dictirnal assumption of Carp McDonald Pcad, south half, frau Dale Avenue
to Elmhurst Road, by the City of Prospect Heights.
wryerzz ME_. -
7. 7he Village of W1061ings, by eaoeacting this bgvamt, will thus =rsmt
to mmintownce and aswx%*J= of jurisdictim of CaW Rind,
north half, frac Moonald Creek to Wolf, Rmd by the City of Prospect
Heights, the latter in the ooisse of obligations to be asswed by it
herein. The Village shall attach authorizing minutes for execution.
8. This agreement shall be processed in six original copies, one being for
the Illinois iTMois rbrent of Transportation. When effective,- it- shall
bind the parties hereto, their sucoessoars and assigns.
la °�
wryerzz ME_. -
7. 7he Village of W1061ings, by eaoeacting this bgvamt, will thus =rsmt
to mmintownce and aswx%*J= of jurisdictim of CaW Rind,
north half, frac Moonald Creek to Wolf, Rmd by the City of Prospect
Heights, the latter in the ooisse of obligations to be asswed by it
herein. The Village shall attach authorizing minutes for execution.
8. This agreement shall be processed in six original copies, one being for
the Illinois iTMois rbrent of Transportation. When effective,- it- shall
bind the parties hereto, their sucoessoars and assigns.
`
1 I►av wart/ Nd
MCI IT
r3
U. r ..
Otis -Is so
IT
..., ' (�
Palalrne Rd
Wheeling to consent to ti
Maintenance and Jurisdiction of T. 42
• j ' north half by Prospect Heights o
Ma ntenwn by Prospect Heights
Idlo�a Rd
Jurisdiction
to Prospect Heigh, � ���,er�ance and Jurisdiction
P D P� 11. �. to Mount Prospect
J,a,
wgwr
w
C;trno McDonald Rd
C A M P M c D 0 NSA L D1 � .. R D
,—_,S—St.rU e #3092
Mount Prospect to Consent to " over d, Ir
Maintenance and Jurisdiction
of south half by Prospect Heights
125
+•'w r+ w� to � .� 1 ���� � �^�' *4"D;« a d .� ��� 1",a 1 i
Jurisdiction to
Arlington Heiglit
s tww wawwa �.';a
• ;� �r _, ; � ww, w, a �
..�.� * "� I ~y, ,w ,,",arc« ..�..""�,." �-�-•-� � . w�� � _ a Krntrngl n R
17
gg D�1y eyy � • � � : � " w�
""hy,.Win
,�
�V �,_ _ ...iaaa .a � Via• � 4• y �. LI
,11
JOLy�JS��.11.�'C �" 35 ..
. , 9 9 1 p 4 3 9 I „ a°__....�:`��. V '
6 ay
t* -"O 'vL�IHES /
I � 1 ��� � ?" gggg'��yy.. �V��g�^ 1 � . q I n �` � i...t i.w.""�J�y�. r� q r�' # h q."wt" ta.",a !t^• ,ir... t:,.".
a"^ ^ #,� d.„ �'s" � l as t «.. a„+�' s• ;,,.,, wwei�w �” 17 � „p, �W # "' �"w
.--•--x.�e a p..:.".„ ��a""" .1 � li r� l�C «ems !"° jw`",Y^4:�"1"�fi ,� `a ���,^ (:r•rrlr.rl llrl
1 rt
ELK GROvt: Twr., PAGE 19 - — MAINE iwP., PAGE 70
Part of I1iRELING
�� TOWNSHIP Addendum #z
0
MJDTICIPAL ORDINANCE No.
Concerning the addition of Carp McDonald Road between the limits of
Rand Road to Dale Avenue
to the municipal street system at a future date:
whereas, village of Arlington Heights' EM The County of Cook -are entering
into agreOmnt for .. by the County and transfer of jurisdicti
Of • McDonald Road from Rand ••.• to Dale Avenue
to the municipal street system of this municipality; I
Now Therefore,. be it ordained that at such time as the Village
and !nieCounty of Cook accept,, from )oint inspection, certain improvements
to the said'paft'qf �,cwp McDonald road, with due written record having been
that Camp McDonald, Boad from Rand R)ad to Dale Avenue
shall then. + thereafter •:s•m'a municipal streetof •
• *` • c e-ffigh4ay System.
The Clerk'Of ttlisw •. directed to see that a certified copy of
Ordinancethis • as Addendumthe agreement being entered
into With The 6:�unty 6f Cook (six copies of said agreement) and to forward
all sIx copies forar • the mmucipality• c• in the letter
Of transnLttal fran the County conoerning this *agreement; further, to file
an additional certified copy with7 the* 11iinois Department of Transportation
for • • , • purposes.
Certification
Village Clerk in and for the
Village of Arlington Heights
a niL=clpal corporation of the State of Illinois and - keeper of the records and
files of said munic'PalltY as provided by Statute, do hereby oertlfy the fore.A
going to be a trUe, -Perfect and OmPlete copy of an Ordinance passed by the
Village Board ofthe village of Arlington Heights
at its mee held on
testimony wlexeof I bave hereunto set MY hand and
d the saal of this
•. • .- . above
a -
SEAL
Village Clerk
. ADDENDUM # 3- Ali
N
CITY OF PROSPEC72 HEIGHTS
MUNICIPAL ORDINANCE No.
dory >--n n the addition of Camp McDonald iniad between the limits of
Dale Avenue to west right of way line of Mandel Lane
to the minicipal street system at a future date:
��hereastthe City of Prospect Heightsand The Countyo
entering
11 agreement for thaiMrovement by the County and transfer of • D w "" y. w . r. . r •
to thentwdcipal street
NOW Therefore,, -be it ordainedthat at such tire as the City of Prospect Heights
and ZieCounty of, Cock accept, from joint inspection, - certain nts
* . .. •.M.. D. Road,record ._b__
«► .,
that Camp McDonald Road from Dale Avenue to the west right • ,� -
r
shall then -and thereafter become'a mmicipal street of this municipality,
• • ` ..
Lmty-Highway System.
The Clerk -,of, tbi's mniciPalitY is directed to see that a certi f ied copy 0:
this Ordinance is attached as Addendun #3 -PH -to the agreemnt being en
into with The, County bf cookcopies of . agreement) and to7 0
. MM
copiesa-11 six ! • M . b ..a • e. - - -
Of tranSUattal from the County conceming this -agreement; further, to file
for infonnationalpurposes.
Certification
I, City Clerk in and for the City of Prospect Heights,
a-mLmicipal corporation of the State of Illinois and. keeper of the records and
files of said nuinicipality as provided by Statrite, do hereby certify the fore-
going to be a true, ,perfect and or�lete copy of an Ordinance
Passed by the
at its City C il, City of Prospect Heights
held on , 19—.
In testhac-ony whereof I have hereunto set my hand and affixad the seal of t1us
manicipality at my office on the above date.
City Clerk
-ADDENDUM #3 -PH
WNICIPAt, OR01MANCE No.
Concerning the addition of Camp McDonald Road between the limits of
the west right of. way line of Adel e and Des Plaines River Road
,
to the ci strdet systen at a future date:
-mss, the Village of MbUnt Prospect and The County of Cook -are entering
into agreement for the improvement by the County and transfer of jurisdiction
Of CaMP McDonald from west right of way, Mandel Lane to DesPlaines River Road
to the m.ar;d.ci.pal street system of this icipality;
Now Therefore,, be it ordaine& that at such time as the village of 14xmt Prospect
and ZieCounty of Cook accept, frW joint inspection
certain improvements
to the said*,Par*t *of -,Camp ft:D� Road, 'with due written xecord having been
made 'Of said `66*6e"p'tanoe� . &)d' forwarded to the Illinois -Department of Transportation'
that Camp McDonald,Poad fran west right of way, Mandel Lane to Desplaines River '
shall then. '1fthereafter'# w*.c minicipalstreetofthis municipality,
The, Clerk -of, this mrdcipality,is directed to see that a certified copy of
this Ordinance is attached as Addendum #3 MP -to the agreement being entered
intowith The-�bunty• •b••(sixcopiesofsaid a• -eand to forward
all six copiesfor • tothemmucipalityindicated in the letter
of transmittal
frm the County concenu-ng this agreement; further, to file
an additional certified copy with"the'lllinois Department of T*ransportation
for • •.. purposes.
Certification
I, I Village Clerk in and for the Village of Mount Prospect,
a-ni- icipal corporation of the State of Illinois arra keeper of the records and
files of said municipality as provided by Statute, do hereby certify the fore-
going to be a true, -perfect- -and complete copy of an Ordinance passed by the
Village Board of the Village of Mount Prospect
at its meeting held cn 19
Inny f I have to set my Hand and affixed the seal of this
ic. ity at my office on the above date.
SEAL I Village Clerk
ADDENDUM # 3- pgp
CU7`WICATZ Al imq►.l;t'1lx or xrM14'1a3 ,AND f ILL—rwa 51w" 54,•
ATE OF ILLINOIS,
COtW of COOK1
I. Stanley T. Kusper, Jr., County Clerk of Cook County,
in the State aforesaid and keeper of the rccuras and files of said Cook County, do hereby
certify that The Board of Commissioners of The County of Cook at
their regular meeting held on the date indicated below,
passed the following resolution:
RESQLUT10N
Resolved by the Board of Commissioners of Cook County, Illinois, on behalf of
The County of Cook, that Camp McDonald Road from Rand Road to Des Plaines River
Road is to cease as a County Highway and became a municipal street Lroder the
separAte- and distinct jurisdictions of the Village of Arlington Heights,
the Village of Nbmmt Prospect and the City of Prospect Heights, as described
in the attached agreement to which tills Resolution is marked Addendum #4,
and that the municipalities are to accept maintenance thereover as shown in
said agreement, all subsequent to -an i rovement by the County Department of
Highways and acceptance by the said municipalities from inspection of the
completed project, all subject to approval of the Illinois Department of Trans-
portation of this agreement and notification of said Department of Transportation
Of said acceptances frau final inspection;
all of which appears from the records and files of my office.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed the Seal of said County at my office in the City of
Chicago in said County, this
day of A D. 19
Addendum i4