Loading...
HomeMy WebLinkAbout5. NEW BUSINESS 1/20/04 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER MARIS A WARNEKE, NEIGHBORHOOD PLANNER ~.~ 'lu1tA FROM: DATE: JANUARY 15,2004 SUBJECT: FIRST-TIME HOMEBUYER'S AMENDMENT For the past year the Community Development Department has been administering the First-Time Homebu):; 's Assistance Program, which provides loans to eligible applicants who purchase a home within Mount Pro ect. The program assists low and moderate-income homebuyers with down payment and closing cost assistance, which are often the biggest constraints for a prospective buyer. Funds for the program are provided by Community Development Block Grants allocated by the U.S. Department of Housing and Urban Development (HUD). Although several households have shown interest in utilizing the First-Time Homebuyer's Assistance Program, no applicant has purchased a home to date. To help increase participation in the program, Staff recommends the original resolution supporting the creation of the First-Time Homebuyer's Assistance Program be amended. The existing resolution requires applicants to qualify for first mortgage financing through Bank One. Staff, with support from HUD, would like to amend the existing resolution to allow additional lending institutions to participate in the program. Staff believes that this is a necessary step in contributing to the success ofthe program and will allow greater flexibility for prospective homebuyers. All other aspects of the program remain consistent with those approved within the original program. Please forward this memorandum and attachment to the Village Board for their review and consideration at their h . January 20t meeting. . I concur: /mw H:\PLAN\CDBG\FTB\FTB Amendment Memo.dot t vwl 1/15/04 RESOLUTION A RESOLUTION AMENDING RESOLUTION NO. 30-00 SUPPORTING THE CREATION OF THE FIRST-TIME HOMEBUYER'S ASSISTANCE PROGRAM WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village to establish a First Time Homebuyer's Assistance Program ("the Program'); and WHEREAS, with the support of local lending institutions, on September 5, 2000, with the passage of Resolution No. 30-00, a First Time Homebuyer's Assistance Program was established in the Village of Mount Prospect, as part of the 2000 Consolidated Plan; and WHEREAS, since the establishment of the Program, the Corporate Authorities of the Village of Mount Prospect have determined that it is in the best interests of the Village and first time homèbuyers to allow applicants to utilize the services of lending institutions not exclusive to Bank One, as defined in the 2000 Homebuyer's Assistance Program guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees do hereby authorize an amendment to the 2000 Homebuyer's Assistance Program Proposal allowing applicants to utilize the services of lending institutions not exclusive to Bank One, a copy of said proposal attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H : IC L KOlfil es \ WI NIRESIF i cst TimeHomeb uyerProg-Amend . d DC . . . . .:. :.,. Village of . . Mount Prospect . Canmunity Deœ/oprnmt Block Grant Homebuyer's Assistance program proposal 2000 Action Plan Amendment ~ '\ £'(.1,.; tit A II ~~-_.~~."'~""""""-""" .. First-Time Homebuver's Assistance Prof!.ram - 2004 The Village's First-Time Homebuyer's Assistance Program provides loans to eligible applicants who purchase a home within Mount Prospect. The program assists low- and moderate-income homebuyers with down payment and closing cost assistance, which are the biggest constraints for a prospective buyer. This program is funded by Community Development Block Grant (CDBG) funds provided by the U.S. Department of Housing and Urban Development (HUD). Applicant Eligibility 1. The applicant must be a first-time homebuyer who has not owned a home in the past three years. Exceptions may be made for displaced homemakers. 2. Applicant's household income must not exceed applicable HUD-income limits. Property Eligibility 1. The property to be purchased must be located within the corporate limits of the Village of Mount Prospect. 2. Eligible properties are limited to single-family residences. This includes detached homes, condominiums, townhouses, coach houses and duplexes (with split ownership). 3. The property to be purchased must undergo a home inspection. This inspection cost is to be paid by the Village. 4. The property to be purchased must undergo a lead-based paint inspection if the home was built prior to 1978. This inspection cost is to be paid by the Village. 5. The property to be purchased must have a clear and free title. Housing Counseling Applicants must successfully complete a homebuyer counseling and training course prior to making an offer to purchase. The counseling sessions could include the following topics: . Selecting a home Understanding the buying process (including loan closing) . Financial costs of home ownership Budgeting personal finances Home maintenance and repairs . . . . Terms of Assistance 1. Each applicant may receive up to a maximum of $10,000 to be used for down payment and closing cost assistance. 2. The amount of the First-Time Bomebuyer's Assistance Program loan will be based upon the amount of the required down payment and closing costs. According to BUD guidelines, the Village can provide the following: . Up to 50% of the minimum down payment required by the lending institution; and . Reasonable closing costs 3. Applicant must provide a minimum of $1,000 for down payment costs. 4. The loan will be secured by a second mortgage recorded against the title to the property. The loan will be a O%-interest, deferred loan. The loan will be deferred for the affordability period of five years and will be forgiven at a rate of 1/60th per month over the five-year period. Recapture will be ensured by the execution and recording of a second mortgage stipulating the recapture requirement. .. ,iU;¡:L be 911/00 RESOLUTION NO. 30-00 A RESOLUTION SUPPORTING THE CREATION OF THE FIRST TIME HOMEBUYERS ASSISTANCi= PROGRAM WHEREAS the corporate authorities of the Village of Mount Prospect ("the Village") have determined that it is in the best interests of the Village to Initiate a First Time Homebuyers Assistance Program ("the Program"); and WHEREAS, the Village has listed the creation of affordable housing, specifically hom~ ownership opportunities, as a top priority in its 2000 Consolidated Plan; and WHEREAS, the Village has garnered the support of local lending institutions to administer and financially support the Program; NOW, THEREFORE, BE IT RESOtVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE: The Mayor and Board of Trustees do hereby authorize the creation of a First Time HomebuyersAssistance Program as detailed in Exhibit "AU SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: Hoefert. Prikkel, Skowron, Wilks None ABSENT: Farrey, Lohrstorfer PASSED and APPROVED this 5th day of September, 2000. . . .. . ,. : ., Village of . . . Mount Prospect . Canmunity Deœ/oprnmt Block Grant Homebuyer's Assistance program Proposal 2000 Action Plan Amendment ............1::"_'-... '.' 0"'1\" "~_~f-'ll 1'JL"t . ' Introduction The dream of owning a home is a common one for many people. Homeownership can be especially difficult to achieve for low to mode'1lte-incomeresidentS in the community. The biggest constraints for a prospective buyer ~ tñe initial down paYments and finan~ing of the purchase. The Village is requesting that the ctJrren,t 2000 Action Plan be amended to include the following proposal. . . ... ..': .." Proposal The Village of Mount Prospect is proposing to a~inister a pilot Homebuyer's Assistance Program in the community. A Homebuyer's ASsi#anc:e Program is designed to assist famiües in the community purchase and own theitoWn Itomeswitb necessary down payment and closing . costs provided by Village's Community Development Block Grant funds. This Homebuyer's Assistance program would allow certain families ~ho do not have the capability to purchase and finance a new home, to do so. The Village is propOsing to assist a maximum of two families as pilots for this program.. ..... Request . . $20,000 in funds be made available 1Tom current year (2000) Community Development Block Grant funds for the Homebuyer's ASsistance program. Current allocation will not ~an~ '. . A maximum of $10,000 win be allocated for each homebuyer project . For each homebuyer project, a 1Dax.im~ of$7,$QØ will be made available for down payment assistance, $1,500 wilJ be made avaiÌáb~e for cl9singcóst assistance and $1,000 will be used for project delivery and administrativ~ costs.. . . : .'... . . . Bank One will provide monthly mortgåge fii1aricing fòr the homebuyer. Background . . .. As a northwest suburb of Chicago, the ViUage of Mount ProSpect's local housing efforts and' strategies are similar to its surrounding neighbors such as Des Plaints and Arlington Heights. The three suburbs share similar demographic and housing characteristics such as: . the lack of substantial developable land .. . . . housing market characteristics: includirig, ~veragesa1esand rental prices of existing housing stock " . : . .' . demographic data including population figUre,s and taciat breakdowns . similar colDmunity development pro~s~ded by the' Community Development Block Grant. . ..;' .'. '. .. The Village of Arlington Heights has a Homebuyer's AssÏstånce program that has proved to be extremely successful in the last four years.~ùetQ the success of Arlington Heights' program, the similar housjng trends which are occurringìn~t1i.'ArIÏi1gton Heights and Mount Prospect and due to the interest for the program in Mount P:i:ospe<rt, the Village recommends piloting a Homebuyer's Assistance program using CommUnitY ~velopment Block Grant funds. The pilot program will serve as a basis for d~terII1ining whether a Homebuyer's Assistance program can be successful in the Village of Mount Prospect... '. '. During June of 1999, the Village began compilation of its Five-year Consolidated Plan. As part of this overall community development plan, the Village developed a Community De~elopment Strategic Plan which established priorities and objeçtivesto be met within the next five years. The ,,' .1.. " . . Villaste of Mount ProsDect :. ,'. ",":,"...-" "".. PrODOsed Homebuver's Assistance Proltram "Affordable Housing" priority identified Homebuyer's Assistance as a community development objective. ,The goal of this objective is to assist low to moderate-income residents with purchasing a ho.me. Please see Attachment l-excerpt from the Community. Development Strategic Plan. . [n addition to the Community Development Strategic Plan, the Village conducted a Local Housing. Market Analysis as part of the Five-year Consolidated Plan. Through these studies. a great demand for the Homebuyer's Assistance program was identified due to the need for affordable housing in the VilIage~ Without enough developable land, construction ora low- income housing development is nota conceivable option; therefore an assistance program would greatly benefit the Village in housing low to moderate residents in appropriately priced housing. Please see Attachment 2-LocaI Housing Market Analysis. Community support from various entities has been strong throughout th,e development of this program. Letters of support were obtained for the program during IHDA's Homebuyer's Assistance application program in the faU'of 1999. These letters are included as Attachment 3 to exhibit the support for the program. '. PrograDl Development, . , . The Planning Division.' of the CommUnity Development Department developed the Village of Mount Prospect's Homebuyer's Assistancê program by researching'other Homebuyer programs in néighboring suburbs. The Village of Arlington Heights has administered th~ir Homebuyer's Assistance program for the last four years with tremendous success. In addition. the Illinois Housing Development Authority (IHDA) provides' grants to various communities for the Homebuyer' ~ Assistance program. IHDA has been useful in the development of this program by providing infonnauon on implementation procedures. In addition, the Village plans to participate in IHDA's application process for FY 2001 Homebuyer's AssistanCe funds. The Village of Mount Prospect would like to acknowledge the Village of Arlington Heights and the l11Ú1ois Housing Development Authority (IHDA) for providing extensive assistance in the development of this program. ' Program Description The Village of Mount Prospects' Homebuyer Assistance Program provides opportunities for low and moderate.income households to own their fl1'St homes. Through this pilot program, applicants obtain private fU'St mortgages from Bank One-Mount Prospect and receive assistance from the Village with down payments and cl~sing costs. The program, was developed by the Village's Planning Division and is made possible by the US Department of Housing and Urban Development's Community Development Block Grant. ' Applicant Eligibility . Applicants must be fust-time homebuyers (not having owned a home in the past three years). Exceptions may be made for displaced homemakers. . Applicants' household incomes must not exceed specific year HOD income limits. First time homebuyers purchasing a home in Mount Prospect will be assisted with down payment and closing cost assistance due to the significant barrier of these costs. ' Property Eligibility . Properties purohased must be within the corporate limits of the Village of Mount ;Prospect. 2 . . Villall.c of Mount ProSDcct Pro DOsed Homcbuvcr's Assistance Proll.ram Eligible properties are limited to single-family residences. This includes detached homes, condominiums, townhouses, coach houses and duplexes (with spHt ownership). Properties must pass a Village inspection prior to purchase. Ownership shaH be by fee simple title only-the property to be purchased must have a clear and free title. . . . Refinance transactions do not qualify f()r tþis prograsn. The Village intends to target condominium~typedwe1lings for low-income persons. Prices for single family detached homes are unaffordabl~ to many low-income persons. However, . affordable detached single family homeS tluit qu~lify fòr the program will also be considered. . Based on the present real estate market in Mount Piospêct, condominiums are a more viable target than any other property type. . . .' . .' . . . . . ." CouDSeliog . . Participants must successfully complete.a Jiom,ebuyercounseling and training course offered by the lending institution prior to making an offer to purchase. AU homebuyers must attend and successfully complete a homebuyer-counseling program prior to purchasing a home through the homebuyer program. :pre-purchase counseling allows the prospective homebuyers to better understandtbe home buying process and alleviate many of the fears typically associated with loaD cJosmg or ~ttl~Înent... The counseling sessions could include the following topics: .. .'. . . Selecting a home (a Realtor will be used in th~ home selection process). Understanding the buying and rehabilitation pr~c~ss, including loan closing. Financial costs of home ownership; .' . . Budgeting personal finances. Home maintenance and repairs. . . . . Terms of Assistaace . Applicants must provide a minimum ofSl,OOO for down payment costs. . Applicants are referred by the Village to the lending institution. Applicants must qualify for first mortgage financing &om Bank One~Mo~íif ProspeCt. .' , . . The amount of the down paYment/closing costs assiStance loan wiJI be based on the applicant's income and the home purchase price and is to bed~t~rmined by the ViUage in consultation with the lender. The minbntIn110an for doWn paymeQt~s~istÆmce to a qualified applicant will be $1,000 and the m8ximum loan Will be the amoUnt neCessary to bridge the gap between the . buyer's resources and the funds needed to secure the 'private mortgage~ The maximum amount . for down payment as~istance will be limited to $7,SOP and the maximum amount for closing cost assistance will be limited to$l~SOOana Ii max.imuß1of$l,OOO will be used for project delivery costs.' . .. . The down payment/ closing cost assistance loan provided by the Village will be secured by a second mortgage recorded against the title to the property. The loan will be a 0% interest, deferred loan. The loan will be deferred for thè affordability period of five years and wi 11 be forgiven at a rate of 1/60111 per month over the five-year Period. Recapture will be ensured by the execution and recording of a second mortgage stipul~ting the recapture requirement. 3 '. ,;. ., . . . . Villa2e of Mount Prospect . '..,.',.. .. " Prooosed Homebuver's Assistance Pro2ram The Village's homebuyer requirements wiJI require the homebuyer to make a down payment contribution of $1,000. The Village feels that the requirement for the homebuyer contribution will provide greater assistance for all program parties when purchasing a home. Role of Village . Administer and oversee the Homebuyer's Assistance program. Provide a maximtJ.m of $7,500 for down payment assistance. Provide up to $1,500 for closing cost assistance including the following fees: credit report, appraisal, title charges, closing fees, recording fee, flood service fee,. and tax service fee. Provide up to $1,000 for proj~t delivery and administrative fees. Subordinate its lien position (in the form of a second mortgage) to the Banks first mortgage. Provide its loans at 0% interest. The Village will forgive its loan in full ~er five years. The loan will be forgiven at a rate of 1¡60th of the original principal balance at the end of each full month of occupancy ófthe residence by the homebuyer. Maintain records for each home purchase for review byHUD as required by federal regulation. . . . . . . Role of Lending Institution (Bank One) The lender will provide pre-purcfutse homeþuyer counseling and assist the Village in marketing the program. The lender Will provide a thirty year fixed rate mortgage with no minimum mortgage amount. The lender will allow expanded underwriting ratios of 33/38 total monthly housing debt (including payment of mortgage, taxes, insurance, and condominium asSessments) should not exceed 33% of gross monthly household income, and total monthly household debt should not exceed 38%. The lender will.also waive certain prosram fees agreed to in a contract agreement with the Village of Mount Prospect. TIie Village will pre-select applicants based on their application and then send pre-application fonn to the lender to detennine eligibility. 'The lender will provide each participant with pre-purchase and post-purChase counseling, using certified homebuyer training agencies. The lender will provide a homebuyer 1raining. class, at a. location to be announced. The lender will provide a certificate of completion of homeowner counseling to all participants~ . . The Bank further agrees to participate in the program in the manner summarized below: . Make a total of at least $200,000 in first mortgage funds available to participants of the program, which is the anticipated aggregate amount needed for the program. . Provide mortgage loans that are 30 year fIXed rate loans for up to 95% of the purchase price of the home. Buyers will be required to provide down payments of at least $1000 of the purchase prices from their own funds. . Set no minimum Joan amount for this program. . Allow a front-end ratio (monthly housing costs as a proportion of gross monthly income) up to 38%. . Accept nontraditional credit histories. . Charge no points on the loans. 4 Vil1~e of Mount ProSPeCt Proposed Homebuver's Assistance Program . Waive the requirement that borrowers have a two-month reserve for principal, interest taxes and insurance. . . . Furnish the Village, at each closing, a final report including the amount of the first mortgage, an itemization of the amount of~e bank's contribution to the purchase, and other loan application and documents requested by the Village. . Provide each participant with pre-purchase and post-purchase counseling. Assist the Village in marketing the program. To manage the collection of its own lo~s. In the event the loan recipient defaults on tJ1e mortgage, the Bank agrees that the Village will not be responsible for recovering the nmds or for repaying that portion of the mortgage extended by the Bank. .. . . . . . . Conclusion The Village of Mount Prospect is proposing to administer a Homebuyer'sAssistance program for the first time in the community. The proposal is to allocate funds from the CWTent year Community Development Block Grant for a pilot program that would allow a maximum of two participants; According to local housing ~tudies, research and CWTent regional housing trends, demand for the program exists. A pilot will serve to detennine whether the progtaJri is indeed suited for the community and if the program will be beneficial in the Village's overall community development goals. A Homebuyer's Assistance program will assist low to moderate-income families purchase a home in the community. Initial down payments, closing Costs and mortgage fmancing are the common barriers to affordable housing for low to moderàte~income families who want to purchase a home. The Homebuyer's AssistanCe program would provide these down payment and closing costs as a deferred loan, meaning the loan will be entjrely forgiven after the five-year loan tenD. Bank One's partnership in the pilot program willproyide financing and counseling to the homebuyer. A Homebuyer's Assistance program in the (jommunity will helpto alleviate barriers to affordable housing in Mount Prospect With few options available to alleviate barriers, this program would at the least provide the option to purchasè.a home for low to moderate-income families. The Homebuyer's Assistance program is á wói1derful opportunity to provide for families who are trying to make their dream of homeownerS hip come true. \\VH\ VO2\DEP1\COMD EV\GEN\PLN G\CDB G\Homcbuyc/'$ ass itance\program summary. doc s LA W OFFICES KLEIN, THORPE AND JENKINS, LTD. RJNDA Y. ALLISON TERRENCE M. BARJ"iICLE JAMES P. BARTLEY THOMAS P. BAYER JENNIFER C. CHA VEZ GERARD E. DEMPSEY MICHAEL 1. DUGGAN JAMES v. FEROLO SUZANr\E M. FITCH E. KENNETH FRIKER ROBERT R. HALL, JR. KATHLEEN T. HENN EVERETTE M. fULL, JR. MICHAEL T. JlJRlJSIK JACOB H. KARACA Suite 1660 20 North Wacker Drive Chicago, II1inois 60606-2903 Orland Park Office 150JO S. Ravinia Avenue Suite 17 Orland Park, lIIinois 60462 Telephone (708) 349-3888 Facsimile (708) 349-1506 PATRICK A LUCA'\SKY LANCE C. MAUNA MICHAEL A. MARRS THOMAS M. MELODY JA]'\ET N. PETCHE DONALD E. RENNER. ]11 SCOTT F. UHLER GEORGE A. WAGNER DENNIS G. WALSH JAMES G. WARGO Telephone (3 ]2) 984-6400 Facsimile (3]2) 984-6444 BRUCE A. ZOLNA Of Counsel: JAI\!ES A RHODES RICHARD T. WIMMER MEMORANDUM TO: Mr. Michael E. Janonis Village of Mount Prospect FROM: Everette M. Hill, Jr. DATE: January 15, 2004 RE: Massage Therapy Ordinar As of January 1,2004, the State has taken over the licensing and regulation of massage therapists. Despite our home rule status, we are not pennitted to establish standards for licensing of those occupations regulated by the State. I have, therefore, drafted an ordinance which repeals our regulatory scheme. The same ordinance transfers to our offenses charge those sections declaring certain conduct within massage establishments as unlawful. If you have any questions or comments, please feel free to contact me. ¡Manage 127346 1 D r Legislative Bulletin 2003-22 October 24, 2003 Page 5 ,..- ( FEDERAL ISSUE - H.R. 49 and S. 150 . ~-- The United State House of Representatives passed legislation (H.R. 49) recently to institute a permanent ban on taxes assessed on Internet access. The bill will be considered next by the United States Senate. Another bill, S. 150, would permanently extend the Internet Tax Freedom Act. S. 150 is awaiting action in the Senate. These bills place the integrity of all the state and local revenue derived from telecommunication taxes in doubt. The Illinois Department of Revenue estimates that this legislation could result in a revenue loss of $75 million to State and Local Governments in the first year. Because of the potential of the legislation to result in the loss of some or all telecommunications tax revenue to state and municipal governments, the League recommends that you contact your U.S. Representatives and U,S. Senators in opposition to H.R. 49 and S. 150. It is our understanding that Senator Durbin supports our position and opposes these bÏ1ls. REMINDERS MASSAGE LICENSING ACT - P.A. 92-0860 ,-.. --.. "'h_... . th.Ç,ouJoS,()n.! R - Gl enator James Deleo, D-Chicago) During the Veto Session of 2002, the Massage Licensing Act (House Bill 2271) was passed and signed into law. This legislation shifts the licensing and regulation of massage therapists from municipalities, including home rule municipalities, to the state. Starting January 1, 2004, massage therapists will only need a professional license issued by the state of Illinois in order to either continue practicing or begin to practice massage therapy. Municipalities will continue to regulate massage therapy establishments, but will not issue or regulate massage therapy licenses. VERBA TIM RECORDINGS OF CLOSED MEETINGS - P.A. 93-0523 In other news, the Verbatim Recording legislation was signed into law by the Governor and will become effective on January 1, 2004. After that date, audio or video recordings must be made of all closed sessions. IML'S 90TH ANNUAL CONFERENCE The Illinois Municipal League would like to thank Senator Rauschenberger, Deputy Republican Leader Brent Hassert and Representative David Miller for giving up a major part of their Saturday afternoon during our Conference to participate in a panel on Legislative Issues Now and In The Future. This session was moderated by Ford Heights Mayor Saul Beck, had some very lively discu~sion and was well attended. The following four key resolutions were unanimously approved by the Board at the Conference: Urge The Preservation Of The Local Share Of All State/Local Shared Taxes Urge The Use Of The New Local Government Curriculum Urge State Officials To Cease Imposition Of Fees On Municipalities To Balance The State Budget Urge The General Assembly To Refrain From Enacting Statewide Building Codes Every member of the Illinois General Assembly was sent a copy of the resolutions listed above. bh/hjm ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 11 and 23 AND CREATING SECTION 23.207 ENTITLED "MASSAGE THERAPISTS" FOR THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUsfËËsdFTHE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Article XXXIII entitled "Massage Therapists," in Chapter 11 entitled "Merchants, Businesses, Occupations and Amusements," of the Village Code, as amended, is hereby further amended by repealing Article XXXVIII entitled "Massage Therapists" in its entirety and reserving Article XXXVIII. SECTION 2: A new Section 23.207 entitled "Massage Therapist Establishments," shall be added to Chapter 23, entitled "Offenses and Miscellaneous Regulations," of the Village Code of the Village of Mount Prospect and shall be and read as follows: Sec. 23.207. Massage Therapist Establishments. A. Prohibited Acts. 1. It shall be unlawful for a massage therapist to touch a patron in the sexual or genital areas which are not covered by towels, clothing, cloths or undergarments. 2. It shall be unlawful for any person while on any premises where massages are given to fondle in any manner, to massage, or to touch with any part of his or her body, a sexual or genital area of any other person. 3. No massage therapist shall perform, offer, or agree to perform any act which would require the touching of the patron's genital area or otherwise by commission or omission perform an unlawful act as defined in 720 ILCS 5/11-14, 5/11- 14.1,5/11-15,5/11-15.1,5/11-16 and 5/11-17, incorporated herein as now or hereafter amended. anage 1272801 4. No massage therapist shall adrn:.~r a massage to a patron exhibiting any skin fungus, skin infection, skin inflammation or skin eruption, unless a physician duly licensed by the State of Illinois certifies in writing that such person may be safely massaged. B, Penalty. Any person who violates any of the provisions of this chapter shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) for each offense; and a separate offense shall be deemed committedeach time on each day during or on which violation occurs or is permitted to continue. SECTION 3: That Article I entitled "Purpose and Definitions" of Chapter 11 (Merchants, Businesses, Occupations and Amusements) of the Village Code, as amended, is hereby further amended by adding in proper alphabetical sequence the following "Massage", "Massage Therapist", "Patron" and "Sexual and Genital Area"; so that hereafter said Section 11.102 shall include the following: MASSAGE Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstances that it is reasonably expected that the person to whom treatment is provided, or some third party on such person's behalf, will pay money or give any other consideration or gratuity. MASSAGE THERAPIST Any person who, for any consideration or gratuity whatsoever, engages in the practice of massage. PATRON Any person who receives a massage under such circumstances that is reasonably expected that he or she will pay money or give other consideration for the massage. SEXUAL OR GENITAL AREA Genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. Gerald L. Farley, Village President ATTEST: Velma Lowe, Village Clerk @PFDesktop\:ODMAlMHODMAJiManage:126954:1 H:\CLKO\files\WIN\ORDlNANC\Ch 23 & ] ] -MassageTherapists,buzz,Jan,O4.DOC 3 ¡¡¡::y \i.<1 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM @) TREE CITY USA TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS PROJECT ENGINEER JANUARY 15,2004 MFT IMPROVEMENT RESOLUTION - 2004 Attached is the following: . Resolution for Improvement by Municipality Under the Illinois Highway Code (BLR 4103) in the amount of $1,195, 000.00 for this year's street resurfacing program. The bid opening is scheduled for February 24, 2004. This adoption of this resolution is required by the Illinois Department of Transportation before the Village can expend Motor Fuel Tax funds. I recommend that the ViIIage Board adopt these resolutions at the Village Board Meeting on January 20, 2004. &\ JM J1 ¿Jt t- I concur with the above recommendation. Cc: ViIIage Clerk Velma Lowe E ,," ,'", ~ Illinois ~ "- \ ~ ~ of 1i'a nsportation Construction Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Mayor and Board of Trustees Council or President and Board of Trustees of Mount Prospect of the Village Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To 2004 Resuñacina Proaram (various locations) BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Pavement removal, 1.5" bit. concrete binder course and a 1.5" bit. concrete suñace course curb and gutter replacement, Bituminous and PCC driveway repairs, PCC sidewalk replacement, drainage structure repairs and parkway restoration and other appurtenant work. and shall be constructed (varies) wide and be designated as Section 04-00144-00-RS 2. That there is hereby appropriated the (additional 0 Yes 181 No) sum of One Million One Hundred Ninety Five Thousand and 00/100 Dollars ( $1,195,000.00 ) for the improvement of said section from the municipality's allotment of Motor Fuel Tax funds, 3. That work shall be done by Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation, Contract ; and, APPROVED I, Velma W. Lowe Clerk in and for the Village of City, Town or Village County of Cook Mount Prospect Date , hereby certify the Department of Transportation foregoing to be a true, perfect and complete copy of a resolution adopted by the Mayor and Board of Trustees Councilor President and Board of Trustees at a meeting on January 20,2004 n;¡tp. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of District Engineer (SEAL) Village Clerk City, Town or Village BLR4103 (Rev,11/00) fiIr1 \í.<1 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM @ TREE CITY USA TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS PROJECT ENGINEER JANUARY 16,2004 MFT MAINTENANCE RESOLUTION - 2004 1JÞ. . 1--k~ I¿O/O~ Attached is the following: . Resolution for Maintenance of Streets and Highways by Municipality Under the lili is Highway Code (BLR 4123) in the amount of $933,820.00. Included in this Resolution are the following: . Account No. 1. 0505105-570540 2. 0505405-540660 3. 0505405-550220 4. 0505405-690058 5. 0507706-540530 6. 0507706-540545 7. 0505104-540515 8. 0505104-540535 9. 0507706-690005 10. 0507706-690099 Page No. 218 244 244 244 302 302 217 217 302 302 Item Salt & Calcium Chloride Traffic Signal Maintenance Electric-N.W. Highway Traffic Signal Replacement Pavement Evaluation Study Mat'l- Resurfacing Testing Crack Filling Pavement Markings Street Light Improvements Bridge Rehabilitation * Includes 2003 Carryover Amounts: . Traffic Signal Maintenance, Central & Rt 83, NW Hwy & Central . Traffic Signal Replacement, Rt 83 $140,000 . Bridge Rehabilitation $25,000 . Street Lights, Rt 83 & Central $115,000 Budget $115,895 $110,000 * $93,575 $155,450 * $1,000 $50,000 $46,300 $41,600 $145,000 * $175,000 * $933,820 $32,750 This Resolution is required by the Illinois Department of Transportation before the Village can expend Motor Fuel Tax funds. I recommend that the Village Board adopt these resolutions at the Village Board Meeting on January 20, 2004. M ~clA~~'t- Dl Michalik ~dK4Srector 1= I concur with the above recommendation. Cc: Village Clerk Velma Lowe @ Illinois Deparbnent ~ \ 'f~ of Ü'ansportation Resolution for Maintenance of Streets and Highways by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the President and Board of Trustees of the (Councilor President and Board of Trustees) of Mount Prospect , Illinois, that there is hereby Village (City, Town or Village) appropriated the sum of $933,820.00 (Name) of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of the Illinois Highway Code from 01/01/04 to 12/31/04 BE IT FURTHER RESOLVED, that only those streets, highways, and operations as listed and described on the approved Municipal Estimate of Maintenance Costs, including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax funds during the period as specified above. BElT FURTHER RESOLVED, that the Clerk shall, as soon a practicable after the close of the period as given above, submit to the Department of Transportation, on forms furnished by said Department, a certified statement showing expenditures from and balances remaining in the account(s) for this period; and BE IT FURTHER RESOLVED, that the Clerk shall immediately transmit two certified copies of this resolution to the district office of the Department of Transportation, at Schaumburg , Illinois. I, Velma W. Lowe Clerk in and for the Village (City, Town or Village) of Mount Prospect , County of Cook hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the Board of Trustees (Councilor President and Board of Trustees) at a meeting on January 20, 2004 Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of (SEAL) Village (City, Town or Village) Clerk APPROVED Date Department of Transportation District Engineer BLR 4123 (Rev. 04/03)