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2014-07-14 Agenda
DUE 1 # REGULAR MEETING NOTICE /AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM (The hour between 6.00 and 7 00 pm is set aside for Executive Session per 1 -5 -7A of the Village of Morton Grove Municipal Code. If t'he Agenda does not include an Executive Session, the meeting will begin at 7.00 pm.) 1. Call to Order 2 3. Li 5. 6, 7. 8. Pledge of Allegiance Executive Session (if requested) Reconvene Meeting Pledge of Allegiance Roll Call Approval of Minutes — Regular Meeting —.Tune 23, 2014 Special Reports a. Swearing -In Ceremony for New Sergeant, Dominick Przekota and New Commander, Dan Stueber by Fire and Police Commission Chairperson Mike Simkins b. Plan Commission Case PC14 -10 Requests Text Amendments to Sections 12 -15 -4 of the Unified Development Code for all Certain "De Minimis" Modifications to Existing Non - Conforming Structures to be Approved Administratively Rather than by Variance to be Presented by Plan Commission Chairperson Ron Farkas Richard T. Flickinger Municipal Center 6101 Capulina Avenue r Morton Grove, Illinois 60053 -2985 Tel: (847) 96.5 -4100 Fax: (847) 965 -4162 6 ., 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report - Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Mayoral Update /Review 12. Clerk's Report- Community Relations Commission 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear - Fire Department, Emergency Management Agency, RED Center, Fire and Police Commission, Police Department, Police Facility Committee, Chamber of Commerce (Trustee Witko) 1) Resolution 14 -36 (Introduced July 14, 2014) Authorizing the Purchase of One Police Utility Vehicle through the Suburban Purchasing Cooperative Contract #122 b. Trustee Marcus --Advisory Commission on Aging Family and Senior Services Department, Finance Advisory Commission, Condominium Association, Social Service Committee (alternate) (Trustee Toth) c. Trustee Pietron - Appearance Commission, Building Department, IT Communications, Community and Economic Development Department, Branding /Marketing (Trustee Thill) 1) Resolution 14-41 (Introduced July 14, 2014) Authorizing a Service Agreement with Comeast Cable Communications for Wide Area Network and Dedicated Internet Connection Services d. Trustee Thill - Public Works Department, Solid Waste Agency of Northern Cook County, Traffic Safety Commission, Waukegan Road TIF, Lehigh/Ferris TIF, Dempster Street Corridor Plan (Trustee Pietron) 1) Resolution 14 -37 (Introduced July 14, 2014) Authorizing the Annual Veterans Day Parade 2) Resolution 14 -38 (Introduced July 14, 2014) Authorizing the Execution of a Contract with G & L Contractors, Inc. for the 2014 Concrete Replacement Program - "B" 14. Reports by Trustees (continued) d. Trustee Thill (continued) 3) Resolution 14 -39 (Introduced Judy 14, 2014) Authorizing the Execution of a Cost Sharing Agreement between the Village and Toll IL IV, LP for Roadway Improvements on Capulina Avenue 4) Resolution 14 -40 (Introduced July 14, 2014) Authorizing a Contractual Agreement with Kane McKenna and Associates, Inc. to provide Financial Analysis and Development Consulting Services for the Dempster /Waukegan TIF District and General TIF District Administrative Services e. Trustee Toth — Finance Department, Capital Projects, Environmental health, Natural Resource Commission (Trustee Marcus) f Trustee Witko — Legal, Plan Commission/Zoining Board gl`Appeals, NIPSTA, Strategic Plan Committee, Economic Development Commission, Social Service Committee (Trustee Grear) 1) Ordinance 14 -17 (Introduced July 14, 2014) (First Leading) Amending the Unified Development Code, Section 12 -5 -4 to Allow Certain Modifications to Existing Non-Conforming Structures to be Approved Administratively 15. Other Business 16. Presentation of Warrants: $378,612.75 17. Residents' Comments 18. Executive Session — Persomrel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment -To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. •. y:. ]. I. Village President Dan DiMaria called the meeting to order at 6:00 p.m. in the Trustees' Conference Room and led the Board in the Pledge of Allegiance. Village Clerk Ed Ramos called the roll. Present were: Trustees Bill Grear, John Pietron, John Thill, Maria Toth, and Janine Witko. Trustee Shel Marcus was absent with notice. Ill. EXECUTIVE SESSION Trustee Toth moved to adjourn to Executive Session to discuss personnel matters and collec- tive bargaining issues. Trustee Thill seconded the motion. Tr. Thill Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear afire Tr. Marcus absent Tr. Pietron acre Tr. Thill acre Tr. Toth aye Tr. Witko aae Trustee Toth then moved to adjourn the Executive Session and reconvene the meeting at 7:00 p.m. Trustee Pietron seconded the motion, which passed unanimously (with one absent) via voice vote. The Executive Session adjourned at 6:37. I V— RECONVENE MEETING VI. Village President Dan DiMarla reconvened the meeting at 7:00 p.m. and led the assemblage in the Pledge of Allegiance, after which Clerk Ramos called the roll. Present were: Trustees Bill Grear, John Pietron, John Thill, Maria Toth, and Janine Witko. Trustee Shel Marcus was absent with notice. APPROVAL Vllr OF Regarding the Minutes of the Special Meeting of June 3, 2014, Trustee Toth moved to accept the Minutes as presented. Trustee Witko seconded the motion. Motion passed unanimously (with one absent) via voice vote. _. _. Minutes ofJune8,.20147aN Meon,',. VII. APPROVAL OF MINUTES (continued) 2. Regarding the Minutes of the April 14, 2014 Regular Board Meeting, Trustee Toth moved, seconded by Trustee Witko, to accept the Minutes as presented. Motion passed unanimously (with one absent) via voice vote. VIII. SPECIAL REPORTS NIMEC Presentation Regarding the Electrical Aggregation Program a. Village Administrator Ryan Horne said that the Village's Electrical Aggregation Program has saved the homeowners, on average, approximately $264 a year since its inception. He then introduced Sharon Durling df the Northern Illinois Municipal Electrical Collaborative (NIMEC). b. Ms. Durling said that electricity rates have gone up, primarily due to this past winter's polar vortex, but also because regulators increased the capacity charge. This is required to keep electricity in our future. c. The Village's current electricity provider is First Energy. They are charging $0.0784 per kilowatt hour. The first year the Village participated in the Electrical Aggregation Program, electricity rates were $0.0442 per kilowatt hour, and the second year, they were $0.05226 per kilowatt hour. d. Ms. Durling said that Corvmonwealth Edison's rate fluctuates, so a conservative estimate of its current rate is $0.0791 per kilowatt hour. This will be re- priced in October, possibly to $0.0781 per kilowatt hour. The Village's contract with First Energy contains language prohibiting charges for opting out of the program, so residents can move out of the program at any time. Ms. Durling pointed out that some residents may want to stay with First Energy simply to avoid CE's rate fluctuations —they would have rate stability with First Energy for 36 months, and possibly would enjoy some savings as well. e. Ms. Durling said that deregulation of electricity providers in Illinois $0.09 has benefitted the consumer, noting that four summers ago, residents were paying $0.09 per kilowatt hour. In fact, she said, Illinois' rates are among the lowest in the nation, and are lower than some of our neighboring states. t. Trustee Thill asked what caused rates to fluctuate. Durling said that natural gas prices are a component, adding that reserves are low because of the lengthy and record - setting winter. Trustee Thill commented about people opting to leave the Electrical Aggregation Program and go back to ComEd; he wondered if that was tantamount to putting NIMEC out of business. Ms. Durling said that, to a degree, that was correct, but NIMEC works with 140 communities, and different communities get different rates, so NIMEC assists with getting the best possible rates. Trustee Thill asked what would happen if several communities worked together as a consortium to reduce the electricity rate. Ms. Durling said that some communities have tried that, but the rate differential was negligible. g. Ms. Durling said that there's a website called inn,�tir�rt;lih7 i.ac� that residents could use to research electricity rates. Mayor DiMaria asked Mr. Horne to make sure that a link to that website was posted on the Village's website. X. 'Minutes of. June A 20148oard Meeting' X. RESIDENTS' COMMENTS (Agenda Items Only) NONE REPORT X1. PRESIDENT'S Mayor DiMaria presented Ordinance 14 -12, Amending Title 4 of the Municipal Code Entitled "Liquor Control," Chapter 6D, Section 14 Entitled "Regulations For Licensees Operating Video Gaming Terminals on the Licensed Premises. ". This is the second reading of this ordinance. a. Mayor DiMaria explained that, in order to regulate the number of video gaming establishments in the Village, staff has proposed that only holders of Class "A" and "C" liquor licenses, and holders of Class "B" licenses who have made a proper application to the Illinois Gaming Board for the operation of video gaming terminals before August 1, 2014, be permitted to have video gaming machines. Currently, nine establishments in the Village have video gaming. b. Mayor DiMaria commented that video gaming has been good for the Village, but there's a con- cern about "oversaturation" of video gaming, so it's time to step back a little. He asked for a motion to adopt Ordinance 14 -12. Trustee Thill so moved, seconded by Trustee Toth. Motion passed: 6 ayes 0 nays, 1 absent. Tr. Grear acre Tr. Marcus absent Tr. Pietron acre Tr. Thill acre Tr. Toth ave Tr. Witko ave 2. Proclamation Mayor DiMaria read a proclamation declaring Sunday, July 13, 2014 as "Birch Street Block Party Day" in Morton Grove. He said that the residents of the 9000 and 9100 blocks of Birch Avenue have been holding annual block parties since 1954, noting that the Village wanted to recognize the hard work and dedication of these neighbors as they celebrate 60 years of coming together and being a part of the Village. Mayoral Update a. Mayor DiMaria offered kudos to Community and Economic Development Director Nancy Razdevich and the Economic Development Commission for the progress of economic development in Morton Grove. He said that Certificates of Completion have been issued for nine new businesses in town, including the new Xfinity retail store in the Washington Commons, only the second such store in the country. He thanked his colleagues for attending the recent ribbon - cutting. XI. PRESIDENT'S REPORT (continued) Minutes of June 9, 3014 8nard Meetin' b. Mayor DiMaria announced that Sko -Die, an existing business, is expanding by putting on a 4,000- square foot addition. He added that Lenore Plaza, at Dempster and Harlem, is now under new ownership by some businessmen from St. Louis, and has been renamed Dempster Crossing. The fagades of the stores there are being renovated. C. Mayor DiMaria welcomed new businesses to the east side of Dempster: Schuleman's Butcher Shop at 5705 Dempster; All -Inn Tavern at 5707 Dempster, the Carpet Store (a kitchen cabinet and supplystore) at 5708 Dempster; and Steel Fitness (one -on -one personal training) at 5814 Dempster. All of these new businesses are helping make Dempster Street look better. d. Mayor DiMaria commented that the Village, in conjunction with the Chamber of Commerce, is proud to announce a new "Street Banner" program, where Morton Grove businesses are highlighted prominently in the center of the banner. These banners can be purchased through the Chamber. He complimented Ms. Razdevich, Boyle Wong, and Chamber Executive Director Debbie Juris on the banner program. e. Mayor DiMaria welcomed former Trustees Don Sneider, Rita Minx, and Georgianne Brunner, in attendance this evening. He also offered the Board's condolences to former Village Clerk Wilma Wendt on the passing of her husband, George. XII. CLERK'S REPORT Clerk Ramos had no report. XIII. STAFF REPORTS A. Village Administrator: Village Administrator Ryan Horne had no report. B. Corporation Counsel: Corporation Counsel Liston had no report. MV. A. Trustee Grear: TRUSTEES' REPORTS Trustee Grear presented Resolution 14 -34, Authorizing the Collective Bargaining Agreement Reached Between the Village of Morton Grove and the Fraternal Order of IPolice, Lodge #135, for .January 1, 2014 Through December 31, 2016. Trustee Grear moved, seconded by Trustee Toth, to approve Resolution 14 -34 Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear age Tr. Marcus absent Tr. Pietron ave Tr. Thill afire Tr. Toth aye Tr. Witko ?L MinAtas'of.June 9, 3014 hoard Meetfn -' XIV. TRUSTEES' REPORTS (continued) A. Trustee Grear: (continued) Next, Trustee Grear presented Resolution 14 -32, Authorizing the Purchase of a New 2015 Heavy Duty 4- Function Fire Engine. He explained that this purchase is necessary to replace a 1978 P&ce fire engine. The entire cost of this will be paid up front in order to qualify for applicable discounts. The final price reflects the inclusion of a third -party performance bond. The actual specifications for this apparatus came to 179 pages and are on file at Fire Station #i4. The cost is $585,203, which will be paid out of the General Obligation Bonds Series 2014. Trustee Grear moved to approve Resolution 14 -32, seconded by Trustee Pietron Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear aye Tr. Marcus absent Tr. Pietron aye Tr. Thill aye Tr. Toth acre Tr. Witko acre B. Trustee Marcus: Mayor DiMaria noted that Trustee Marcus is at the United Nations for B'Nai B'rith. C. Trustee Pietron: Trustee Pietron had no report. D. Trustee Thill: Trustee Thill presented Resolution 14 -35, Authorbing the Execution of a Contract Renew- al With Precision Pavement Markings, Inc. For the 2014 Pavement Marking Program. He explained that four communities, including Morton Grove, have formed a Cooperative a. Procurement Program, administered at no cost to Morton Grove by the City of Highland Park, to provide pavement marking services for a four -year term (one -year and renewal for no more than three consecutive one -year terms). The estimated contract value is $30,000, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. b. Trustee Thill moved, seconded by Trustee Toth, to adopt Resolution 14 -35. Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear acre Tr. Marcus absent Tr. Pietron acre Tr: Thill afire Tr. Toth avee Tr. Witko aye Xlv. E. Trustee Toth: Trustee Toth had no report. F. Trustee Witko: TRUSTEES' REPORTS (continued) Mlnafes ofjune D,Y014 Board MedlaM 1. Trustee Witko presented Ordinance 14-14, Granting an Amendment to the Special Use Permit For the Property Located at 8820 National Avenue, Morton Grove, Illinois, For the Installation of Three New Antennas and Associated Equipment on an Existing Transmission Tower. This is the second reading of this Ordinance. Trustee Witko explained that Sprint is requesting an amendment to the Special Use Permit o. to install three additional antennas and associated equipment at 8820 National Avenue. These changes are proposed to increase the quality of service for cellular customers and to accommodate newer cellular technologies. Trustee Witko moved, seconded by Trustee Toth, to adopt Ordinance 14 -14. Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear acre Tr. Marcus absent Tr. Pietron aye Tr. Thill aye Tr. Toth aye Tr. Witko aye 2 Next, Trustee Witko presented Ordinance 14-15, Granting an Amendmentto the Special Use Permit For the Property Located at 6040 Oakton Street, Morton Grove, Illinois, For the Installation of Three New Antennas and Associated Equipment on an Existing Transmission Tower. This is the second reading of this Ordinance. Trustee Witko explained that Sprint is requesting an amendment to the Special Use Permit to install three additional antennas and associated equipment at 6040 Oakton Street. These changes are proposed to increase the quality of service for cellular customers and to accommodate newer cellular technologies. Trustee Witko moved to adopt Ordinance 14 -15, seconded by Trustee Pietron. Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear aye Tr. Marcus absent Tr. Thill awe Tr. Toth acre Tr. Pietron acre Tr. Witko aye g Minutes of June 9, 2014 BoaMMeetls' XV. OTHER BUSINESS Trustee Greer thanked Police Chief Michael Simo for being an integral part of the negotiations for the new police contract. Mayor DiMaria asked residents to stop and stay in Morton Grove to show their support of the new businesses in town. He said if residents want businesses to thrive, they must support them. He added, "It's not hard to shop in Morton Grove." XVI. WARRANTS Trustee Toth presented this evening's Warrant Register in the amount of $917,444.09. She moved to approve the Warrants as presented, seconded by Trustee Witko. Motion passed: 5 ayes 0 naps, 1 absent. Tr. Grear aye Tr. Marcus absent Tr. Pietron aye Tr. Thill ?L Tr. Toth acre Tr. Witko aye XVII. RESIDENTS' COMMENTS a. Georgianne Brunner, former Village Trustee and President of the Morton Grove Days Commission, once again promoted the upcoming Morton Grove Days festivities. She said the carnival opens at 4:00 p.m. on July 31 with opening ceremonies at 7:00 p.m. Bella Cain opens the entertainment at 8:30 p.m. b. Mrs. Brunner said the Parade kicks off at 2:30 p.m., and this year's Grand Marshal is the Village's Public Works Department. The beer garden opens at 5:00pm, and entertainment begins at 5 :30 with Band X followed by Rod Tuffcurls and the Benchpress at 7:30 p.m. The fireworks display, sponsored by the Morton Grove Park District, begins at 9:45 p.m. c. On Saturday, the entertainment begins early with the Niles Township Symphony, and later in the evening, High Infidelity. There will also be a Business Expo and Touch -a- Truck. Megabands are on sale at Village Hall for $55 for unlimited rides all three days. Once the event begins, they will only be sold at the carnival and will cost $65. d. Mrs. Brunner said all of this is paid for by sponsorships and private donations —not by tax dollars. She encouraged people to visit the Morton Grove Days website at ,knvw'�t 'iorroVr c r =ve�' or its Facebook page, or its new Twitter account ( #morton- grovedays) for up -to- the - minute information. e. Mrs. Brunnerthanked the Village, the Police Department, Fire Department, and Public Works Department, and the Park District, for all their assistance in making this festival happen. Trustee Grear, who is the liaison to the Morton Grove Days Commission, also encouraged everyone to come out and enjoy this great tradition. He added that an event of this nature doesn't just happen overnight... there are countless meetings involved in getting everything organized. This is all done by a group of volunteers, led by Mrs. Brunner, who love ' Minutes of luriie 9, 20148oaril Meeting] XVII. RESIDENTS' COMMENTS (continued) Morton Grove. He said he was honored to be the liaison to this group, and urged everyone to come out and enjoy the entertainment and the excellent food provided by Village Inn, Fit to Be Fried, and Culvers. XVIII ADJOURNMENT Trustee Toth moved to adjourn the meeting, seconded by Trustee Thill. Motion passed: 5 ayes 0 nays, 1 absent. Tr. Grear aye Tr. Marcus absent Tr. Pietron aye Tr. Thill acre Tr. Toth acre Tr. Witko aae The meeting adjourned at 7:31 p.m. PASSED this 14th day of July, 2014. Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 14th day of July, 2014. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of July, 2014. Edilberto Ramos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes Oy.1 eresa Cwsar a July 2, 2014 President and Board of Trustees Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 Fire and Police Commission Direct Telephone 847/470-5226 Fax 847/965-7711 SUBJECT: Appointment to the Rank of Police Sergeant Pursuant to the Rules and Regulations of the Board of Fire and Police Commissioners of the Village of Morton Grove, as amended, and pursuant to the Illinois Revised State Statutes, as amended, 65 ILCS 5110- 2.1 -14, and reference to the current promotional register of eligibles for Sergeant, dated 07- 01 -13, the following person who has previously been qualified and whose name appeared on the eligible promotional register is herewith appointed Sergeant in the Police Department of the Village of Morton Grove, Illinois, effective on the date following his name. Dominik Przekota Effective date of appointment -July 2, 2014. Swearing in will be held at the Village Board meeting, July 14,2014,7:00 p.m, Village Council Chambers. BY ORDER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF MORTON GROVE, ILLINOIS u, Michael Simkins, Chairman Fire & Police Commission C: D.Przekota Chief Sumo R. Home Richard T. Flickinger Municipal Center 6101 Capuluna Avenue ® Morton Grove. Illinois 60053 -2985 € TeI: (847) 965 -4100 Fax: (847) 965 -4162 kcc_v s;,aP Ixi To: Sgt. Dan Stueber From: Chief M. Simo Subject: Promotion to the rank of Commander Date: July 7, 2014 It is my pleasure to inform you that you will be promoted to the rank of Commander at the Village Board Meeting on Monday, July 14, 2014 at 7:00 pm. You were selected for this promotion because of your demonstrated knowledge, experience, good work history, leadership ability and dedication to the police department. I am confident that you will do very well in this position. Your schedule will be determined by Deputy Chief Fennelly, please see him for further information. Congratulations on this important achievement in your career, and I look forward to working with you in your new position. cc: Command Staff Village Administration Village of Morton Grove _7 _ Department of Community E)eveiopment 1 To: !tillage President and Board of Trustees J f From: Ronald L. Farkas, Chairperson, Plan Commission Nancy Radzevich, AYCP, Community and Economic DO velopment 6ireor Dominick A. Argumedo, AiCP, Zoning Administrator /Land -Use Planner , Date: July 2, 2014 Re: PC14 -10 — Application for Text Amendments to Sections 12.15 -4 of the Morton Grove Unified Development Code (Ordinance 07 -07) to allow certain modifications to existing non-conforming structures to be approved administratively Commission Renort Public Hearing Notice and Application The Village of Morton Grove provided Public Notice for this request to be heard at the Tune 16, 2014 Plan Commission public hearing in accordance with applicable requirements. Pioneer Press, a local newspaper, published a public notice on May 29, 2014. As this request is for a tent amendment, not a request for a specific site, no public notice signs or notification letters were required. Public Hearino —Staff Overview Mr. Argumedo, Zoning Administrator /Land -Use Planner, presented the case on behalf of the Village. He stated that per the Morton Grove Unified Development Code Section 12- 15 -4 -A, Nonconforming structures may continue and may be expanded and altered provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and teat the zoning board of appeals nnds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property, " Mr. Argumedo noted that Section 12 -15 -4A covers ALL modifications to non - conforming structures. The proposed text amendment would allow for administrative review of alterations or expansions of non - conforming structures in cases where the modifications would not increase a structures non - conforming aspect of the struMre and where the proposed expanded /altered structure would otherwise meet all other reievant dimensional controls. M. Argumedo continued that as the Village of Morton Grove was incorporated in 1895 and the Village's zoning regulations have changed over time and with subsequent changes many older buildings in Morton Grove exist as non - conforming structures, Under the current Village regulations, any alternation or expansion, even one that by itself meets all district dimensional controls AND which do not expand or increase the non - conforming nature of the structure require a formal review before, and approval by, the Zoning Board of Appeals (ZBA). Due to the Zoning Board of Appeals monthly schedule with specific notification requirements (minimum of 15 day Publication notice, within a newspaper), the requirement of ZBA approval adds a minimum of 4-0 PC 14 -10: Tex` Amendment — Non - Conforming Structures July 212014 weeks to the review /approval process, requires additional staff time (preparation of reports, mailings, etc.), and lengthen public hearing meetings. Mr. Argumedo stated that this proposed text amendment allows for administrative review and approval of modifications to nor,- conforming structures, which specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in the Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure does not expand or increase the non- conforming aspect of the structure; 3. The new addition to and /or alteration of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alterations, complies with all the relevant dimensional controls, with the exception of the existing legal non - conformity, and does not result in the need for any waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development Code, including but not limited to parking, landscaping, etc. 5. The existing and proposed use(s) within the structure must be permitted use(s) within the respective Zoning District in which the property and structure are located. Mr. Argumedo provided an overview of four cases, included in the June 8, 2014 staff report (Exhibit A), which the Board recently approved and by which the applicant would have benefited from this amendment. At the February 17, 2014 Zoning Board of Appeals meeting, the Board heard and unanimously approved two commercial expansions of non - conforming structures, The first was a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq, ft. facility. The proposed addition itself met all M2 General Manufacturing dimensional control requirements, and the proposed enlarged facility still complied with the required FAR. The proposed addition required Zoning Board of Appeals approval because the existing structure encroached into the required rear and side yard setback requirements of 10 ft. (4' -7" existing) and 20 ft. (10 ft. existing) respectively and is an existing legal non - conforming structure. The proposed new addition did not expand or increase the non - conforming nature of the structure as it was located 31 ft. from the side and 183 ft. from the rear property lines, respectively. Staff initially met with representatives of Morton Grove Pharmaceutical in December of 2013 to review the proposal; due to the current regulations and filing requirements, the project was not be presented to or approved by the Zoning Board of Appeals until February 17, 2014. Mr. Argumedo continued that the Board also heard and approved a request by Sko -Die, Inc, for a 4,000 sq. ft. addition to its 60,000 sq. ft. non - conforming facility. As with Morton Grove Pharmaceutical, the proposed addition met all M2 General Manufacturing setback and height requirements, and the proposed enlarged facility still met the FAR requirement. The existing structure however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft. existing) rear yard setbacks. Staff also initially met with representatives of Sko -Die in December of 2013 and due to notification requirements, the case was not presented to or heard by the Zoning Board of Appeals until February 17, 2014. Mr. Argumedo then presented overviews of two recent residential cases that similarly required ZBA approval, but which could be handled administratively under the proposed text amendment. At the May 19, 2014 ZBA hearing, an applicant presented a proposal for a partial second floor PC 14 -10: Text Amendment — Non- Conforming Structures iuly 2, 2014 addition to an existing 1 story residence. The existing residence encroaches 12 ft. in the required rear yard setback of 30 ft. The proposed second floor addition was setback 41 ft, from the rear property line and as such did not increase or expand the non - conforming nature of the structure, The proposed addition met all other dimensional controls and the entire structure was below the maximum permitted FAR. The applicant flied the original permit with the Building Department on March 27, 2014. Mr. Argumedo provided an overview of another residential project the ZBA recently approved. The proposed small 85 sq. ft. addition had to be reviewed and approved by the ZBA because the existing structure was non - conforming and encroached in the required 6 ft. (4' -10" and 5' 7" existing) side and 30 ft. rear yard (28' -7" existing) setbacks, and exceeded the maximum permitted (50 %) rear yard lot coverage (75% coverage for the existing structure). The proposed addition itself met all dimensional controls and did not increase the non - conforming nature of the existing structure or lot coverage. Mr. Argumedo stated that the proposed text amendment to allow for alterations of or additions to non - conforming structures that would not increase or expand the non - conforming nature of the structure, where such addition or alteration in and of itself would met all other district dimensional controls within the zoning district, mirrors zoning ordinances currently on the books in many surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all explicitly state that a non - conforming structure that does not add to the non - conformance and meets all other provisions of the individual zoning ordinance shall be allowed by right. Mr. Argumedo then summarized the proposed amendment to allow for modifications to non- conforming structures that meet the aforementioned five (5) conditions would preserve the intent of the zoning code to allow for the orderly development and redevelopment of the Village while streamlining the development approval process. By requiring that all other dimensional controls, including but not limited to setback dimensions, FAR, lot coverage, etc, as well as pertinent aspects of the Unified Development Code (parking, etc.) are met AND as long as the non- conforming nature of the structure is not expanded or increased, this proposed amendment maintains the intent and integrity of the municipal code, while allowing for a more streamlined review process. Public Hearing —Board Comment /Inquiry Chairman Farkas asked for questions from the commissioners. Commissioner Gabriel asked if there was an administrative process in place for an initial review of a proposal where this amendment would apply and then an additional approval by an independent person. Ms. Radzevich stated the Village's project review process for an eligible non - conforming structure would mirror every other development review process. When an application for a building permit is filled the first review is done by the zoning division. The project is not advanced to other departments for review until the zoning division has determined the project is compliant as to use and meets dimensional controls and development standards. In the case of eligible modifications to non - conforming structures, the proposed amendment provides some additional conditions for administrative review that are not required by surrounding communities. Other neighboring communities' regulations simply state that as long as the proposed modification complies with the PC 14 -10: Text Amendment — Non - Conforming Structures July 2, 2014 dimensional controls that it can be done. For this text amendment, staff has included some additional conditions to the proposed text amendment for greater scrutiny. For example, any modification of a non- conforming structure on a sub - standard lot would still require ZBA review and approval. Commissioner Gabriel followed up for clarification that if an applicant came in with a case to be reviewed, the person that determined if the zoning aspects of the case were compliant or not, would there need to be someone else that agrees with their determination? Commissioner Bionz stated that his interpretation from Commissioner Gabriel's question was if someone is going to check on someone else's approvals. Ms. Radzevich stated that with any project submission it is either compliant with the Unlined Development Code or its not, this is not a judgment call. All the aspects of the project - the setback dimensions, compliance with FAR, rear lot coverage, parking requirements, etc. -all aspects of a submission have w comply. Mts. Radzevich continued that the owner or applicant is responsible to provide all the calculations and dimensions. The architect that is providing the drawings is putting their stamp on this and is certifying the information is accurate. The staff has a lot of cross checks in place and there is a lot of overlap within the department. There are many checks and balances that are done within the department for any permit review. T his is the review process that the department would use for projects that would fall under this proposed amendment. Chairperson Farkas asked if the non - conforming structure, due to excessive FAR, was not changing the footprint, but adding a second a floor, would the project be eligible for review under the proposed amendment? Mr. Argumedo noted that a non - conforming structure with respect to FAR would not be eligible for administrative review through this amendment as any additions would result in the expansion or increase of the existing non - conformity, FAR, and thus violate a condition of the proposed amendment. Ms. Radzevich continued that staff discussed the proposed amendment and possible scenarios with Corporation Counsel to ensure that the proposed amendment would only apply to such non - conforming structures which could be expanded without potential adverse impacts. Public Hearing— Pubiic Comment Chairperson Farkas asked if anyone present that wanted to be heard on this case. No one asked to speak. Public Wearing —Board Discussion and Vote Chairperson Farkas asked for a motion to approve Case PC14 -10. Commissioner Blonz made a motion to approve the proposed text amendment, Case PC14 -10 with the requirements included in the staff memo dated June 8, 2014, as follows: Plan Commission recommends approval of Case #Pala -i0, for Text Amendments to Section 12- 15-4-A of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow administrative review of proposed alterations of and /or additions to non- conforming structures provided the proposed project specifically complies with the following requirements: _, 4 PC 14 -10: Text Amendment — Nor- Conforming Structures July 2, 2014 1. The existing lot area and lot width complies with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alteration of the structure does not expand or increase the non - conforming aspect of the structure; 3. The new addition or alteration, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the proposed addition and /or alternations, complies with all the relevant dimensional controls, with the exception of the existing legal non - conformity, and does not result in the need for any waivers to any dimensional controls or any other relevant requirement or standard within the Unified Development Code, including but not limited to parking, landscaping, etc. 5. The use must be conforming to the list of permitted use in Zoning District in which it is located. Notion was seconded by Commissioner Dorgan and was passed unanimously Commissioner Kahn absent). PC 14 -10: T ext Amendment - Non - Conforming Structures July 212014 PE 14 -10 Proposed Text Amendment Language (New Text shown in bold /underlined format; any deleted text shown as str4rettga format) 12 -15-4: NONCONFORMING STRUCTURES: These provisions shall apply to structures which are occupied by permitted uses or allowable special uses in the zoning district in which they are located, but do not conform to the setback, height, or floor area ratio requirements of the district in which they are located. These provisions also apply to residential structures which were constructed on lots became nonconforming due to lot width and size, except as noted in Section 12 -15 4•A 1 below. These provisions refer to structural nonconformities due to zoning provisions. Structural nonconforrnities due to building and fire codes must still comply with the provisions regarding nonconformities in those codes specifically. A. Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered m follows :, 1. Administrative Review: Nonconforminrs structures may be expanded and altered., through an administrative review process provided that the nroposed addition to and/or alteration of the structure meets the foliowipg criteria: a. The existing tot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district fn which the properly is ➢ocateal h. The addition to or alternation of the structure does not exnand or inerease the non - conforming aspect of the structure C. The new addition to and /or alteration of the structure, in and of itself. complies with all the required dimensional controjE. d. The overall structure and site. with the addition and /or alteration, complies with all the reouired dimensional controls. with the excepfiop of the existing Iegal non - conformity, and does not result in the need for any waivers to the dimensional controls or anv other relevant development requirement or standard. established within the Unified Development code, inciudin2 but not limited to narking, landseapina.. signaQe. etc.: and e. The existing and proposed use(s) within the structure must he permitted use(s) within the respective zonin district in which the property and structure are located 2. Zoning Board of Appeals Review: Nonconforming structures, which do not meet the criteria established in 12- 154:A.1.. may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property. 6 PC 14 -10: Text Amendment — Non - Conforming Structures July 2, 2014 B. Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event: 1. Does not exceed fifty percent (50 %) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion. 2. Exceeds fifty percent (50 %) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a permitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals. C. Moving A Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07 -07, 3 -26 -2007) From: Nancy Radzevich, AICP, Community & Economic Development Director Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: 0 Be: plan Commission Case PC 14-10 - Application for Text Amendments to Sections 12 -15-4 of the Morton Grove unified Development Code (Ordinance 07 -07) to allow certain "de minimis" modifications to existing non - conforming structures to be approved administratively rather than require a variance STAFF MEMORANDUM Public Notice The Village provided Public Notice for the June 16, 2014 Plan Commission public hearing for PC 14 -02 in accordance with the Unified Development Code. The Niles- Morton Grove Patch published the public notice on May 29, 2014. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Background The Morton Grove Unified Development Code Section 12- 15 -4 -A states, "Continuation And Expansion Of Nonconforming Structures; Nonconforming structures may continue and may be expanded and altered, prouid d that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property. " As read, Section 12- 15 -4 -A covers ALL manner of proposed non - conforming structure expansion including structural expansions that would not increase a structure's non - conforming aspect and where the proposed expansion would otherwise meet all other zoning district dimensional controls. The proposed text amendment would allow for administrative review of such proposals rather than requiring submission before the Zoning Board of Appeals. The existing requirement of a formal application before the Zoning Board of Appeals for an expansion of a non- conforming structure that does not increase an existing non - conformity and would otherwise meet all other dimensional controls can add at minimum a month to a project's approval time. Discussion As the Village of Morton Grove was incorporated in 1985 and Village's zoning regulations have changed over time, with the last zoning code comprehensive overhaul approved in 2007, many structures in Morton Grove exist as non - conforming structures. As such, under the present Village regulations, any structural expansion, even one that by itself meets all district dimensional controls AND which do not expand or increase the non - conforming nature of the structure require a formal review before the Zoning Board of Appeals. Due to the Zoning Board of Appeals monthly schedule with specific notification requirements (minimum of 1.5 day publication notice, within a newspaper), this process can add at a minimum of 4 -6 weeks to the approval process, require additional staff time (preparation of reports, mailings, etc.), and lengthen public hearings. Staff notes that this proposed text amended is strictly for additions to and /or alternations of non- conforming structures, per Section 12 -15 -4, which specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2, The addition to or alternation of the structure does not expand or increase the non- conforming aspect of the structure; 3. The new addition to and /or alternation of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alternations, complies with all aspects of the dimensional controls established for this zoning, with the exception of the existing legal non - conformity, and does not result In the need for any additional waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development code, including but not limited to parking, landscaping, signage, etc. Example Cases The Board recently approved four cases that would have benefited from this amendment. At the February 17, 2014 Zoning Board of Appeals hearing, the Board 'heard and unanimously approved two commercial expansions of non - conforming structures. The ZBA heard and approved ZBA #14 -02, a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq, ft. facility. The proposed 7,500 sq. ft. front addition itself met all M2 General Manufacturing setback and height requirements, and the proposed enlarged facility still met the district's FAR requirement. The proposal required Zoning Board of Appeals approval due to the existing structure encroaching into the M2 General Manufacturing District rear and side yard setback requirements of 10 ft. (47" existing) and 20 ft. (10 ft. existing) respectively. The proposed new addition was 31 ft. from the side property line and 183 ft. from the rear property line. The side and rear property lines border the Forest Preserve. Staff initially met with representatives of Morton Grove Pharmaceutical in December of 2013 to review the proposal. Due to the existing structure's non - conformance, the project could not be approved until the Zoning Board of Appeals approved the project on February 17, 2014. The Board also heard and approved ZBA #14 -01 where Sko -Die proposed a 4,000 sq. ft. addition to its 60,000 sq. ft. non - conforming facility. As with Morton Grove Pharmaceutical, the proposed addition met all M2 Genera{ Manufacturing setback and height requirements, and the proposed enlarged facility still met the district's FAR requirement. The existing structure however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft, existing) rear yard setbacks. Staff initially met with representatives of Sko -Die in December of 2013 to review the proposal and explained that it would require a variance that, due to notification requirements, could not be heard before the Zoning Board of Appeals until the February 17, 2014 hearing. At the May 19, 2014 ZBA hearing, the ZBA approved two residential projects that would be covered under the proposed text amendment. ZBA #14 -09 proposed a partial second floor I addition to an existing 1 story residence. The existing residence encroached 12 ft. within the required R2 Single Family Residence rear yard setback of 30 ft. The proposed second floor addition did not cover the entire first floor and was setback 41 ft. from the rear property line. The proposed addition met all other dimensional controls and the entire structure was below the district FAR limit of 0.6. The Zoning Board of Appeals approved the project. The applicant filed the original permit with the Building Department on March 27, 2014. ZBA #14 -10 proposed an 85 sq. ft. front addition. The project had to be approved by the ZBA due to the existing structure's encroachment into the R2 Single Family Residence required 6 ft. (4'10" and 5'7" existing) side and 30 ft. rear yard (287' existing) setbacks, along with the rear yard lot coverage exceeding the 50% threshold (75% existing). The proposed addition itself met all dimensional controls and did not increase the existing structures degree of non- conformity. Indeed, the addition as proposed was 27 ft. and 35 ft. from the side property lines and 70 ft. from the rear property lines and was not in the required rear yard. The Zoning Board of Appeals approved the project. Neighboring Municipalities The proposed amendment to allow for alterations of or additions to non - conforming structures that would not increase or otherwise expand the non- conforming nature of the structure, such addition or alteration in and of itself would met all other district dimensional controls within the zoning district, AND the combined structure also would meet all dimensional controls, with the exception of the existing non - conformity, mirrors zoning ordinances currently on the books in many surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all explicitly state that a non - conforming structure that does not add to the non - conformance and meets all other provisions of the individual zoning ordinance shall be allowed by right. Benefits The amendment preserves the intent of the zoning code to allow for the orderly development and redevelopment of the Village while streamlining the development approval process. By requiring that all other dimensional controls, including but not limited to setback dimensions, FAR, lot coverage, etc., as well as pertinent aspects of the parking ordinance, are met AND as long as the non - conforming nature of the structure is not expanded or altered, maintains the intent and integrity of the and allows for a streamlined process. Further, allowing for this type of administrative process encourages those who might be seeking to alter or construct an addition onto an existing non- conforming structure to comply with all other aspects of the dimensional controls as well as all other requirements of the Unified Development Code in order to qualify for an Administrative review process versus a public hearing process. Compliance with all the other dimensional controls, particularly FAR and lot coverage, are critical aspects to the ensuring that any potential impacts associated with the addition and /or alternation are minimized and /or negated all together. Recommendation If the Plan Commission decides to support this text amendment, Staff suggests the following motion: Plan Commission recommends approval of Case #PC14 -10, for Text Amendments to Section 12- 15-4-A of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow 3 4 administrative review of proposed alterations of and /or additions to non - conforming structures provided the proposed project complies with the following: specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure does no* expand or increase the non- conforming aspect of the structure; I The new addition to and /or alternation of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alternations, complies with all aspects of the dimensional controls established for this zoning, with the exception of the existing legal non - conformity, and does not result in the need for any additional waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development code, including but not limited to parking, landscaping, signaae, etc. 5. The land use must be conforming to the Zoning District in which it is located. Attachments: Application Proposed Amendments to Section 12- 15 -4 -A of the Morton Grove Unified Development Code (Ordinance #07 -07) Legislative Surnmary - - -- -- Resolution AUTHORIZATION I+OR THE PURCHASE ONE (1) POLICE UTILITY VEHICLE THROUGH THE SUBURBAN PURCHASING COOPERATIVE, CONTRACT # 122 Introduced: July 14, 2014 Synopsis: To authorize the Village President to approve the purchase of one (1) police utility vehicle from Currie Motors Fleet in Frankfort, Illinois. Currie Motors was awarded by the Suburban Purchasing Cooperative the contract to sell the 2015 Ford Utility Police Interceptor vehicles. Purchasing squad vehicles from the Suburban Purchasing Cooperative allows municipalities to bypass formal bid procedures. Purpose: To replace high mileage vehicles currently being utilized in the Police Department due to age and declining reliability. Background: ( Every 3 years, high mileage squad vehicles are replaced to insure that key equipment utilized by our officers does not fail during their normal course of duty. The squad vehicles are utilized 24 hours -a -day and they need to be in excellent condition at all times. Programs, Departments Police Department, Public Works Vehicle Maintenance or Groups Affected Fiscal Impact: A total of $26,851.00 for one (1) police utility vehicle. Source of Funds: 023014 - 572030 Workload Impact: � The ordering and changing over of the vehicles will be coordinated by the Public Works Vehicle Maintenance Department. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or Drone Requirements: Respectfully submitted: L4 RyarVI_ H©n,ne; Village Administrator Prepared by: Reviewed bv: Chief Michael S9imo —� Teresa Hoffman h'iston, Corporation Counsel AUTHORIZING THE PURCHASE OF ONE (1) POLICE UTILITY VEHICLE THROUGH THE SUBURBAN PURCHASING COOPERATIVE BID PROGRAM WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village Board has authorized the acquisition of Police Squad Vehicles in the Calendar Year 2014 Budget; and WHEREAS, the Calendar Year 2014 Budget incorporates a line item to purchase police utility vehicles; and WHEREAS, the Suburban Purchasing Cooperative recently extended their bid contract providing for the purchase of police utility vehicles from Currie Motors Fleet in Frankfort, Illinois for the 2015 Ford Utility Police Interceptor AWD at a unit price of $26,851.00; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Board of Trustees hereby authorize the purchase of one (1) Model Year 2015 Ford Utility Police Interceptor AWD from Currie Motors Fleet per the terms and conditions of the Suburban Purchasing Cooperative bid, Contract # 122, at a total cost of 526,851.00. SECTION 3: The Village Administrator and Director of Finance are hereby directed to authorize the issuance of a purchase order to place the police utility squad vehicle on order. SECTION 4: That this Resolution shall be in full force and effect from and after its adoption. PASSED this 14 °i day of July 2014. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this 14 "t day of July 2014. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15`° day of July 2014, Ed Ramos, Village Cleric Village of Morton Grove Cook County, Illinois I 11t vl',i11 IcU I; a.O E', '.1�3. i �..6.�..4..7 201k5 Ford Utility Police Interceptor AWD Contract # 122 Currie Motors Fleet Yc�urriili -L,ine \- iuniciu��l Ueaicr U)OD I1iRt �\mv moerU8.2014 You 3.7 TI-VCT V6 FFV 6 -Speed Automatic Rear recovery hooks Independent front /rear suspension Engine Oil Cooler 18.6 gallon fuel tank Engine Hour Meter 220 Amp Generator 78 Amp Hour Battery Lower black body side cladding Dual Exhaust Black spoiler Electric Power Assist Steering Acoustic laminated windshield 18" Tires and Wheels Fixed glass lift gate Full Size Spare AM/FM/CD Roll curtain airbag Safety Canopy W/Roll Over Sensor Anti -Lock Brakes With Advanced Trac and traction control Bi functional projector headlamps LED tail lamps 2nd /3rd Row Privacy Glass My Ford police cluster All -Wheel Drive Manual folding power mirror Fold flat 60/40 rear vinyl bench Single zone manual Climate Control Power Windows Power Locks Cruise Control /Tilt Wheel Calibrated Speedometer Column Shift Work Task Light red/white Simple fleet key Power Adjustable Pedals Two -Way Radio Pre -Wire Particulate air filter Power Pig tail Delivery Within 30 Miles Standard Warranty. Basic: 3 Years/ 36,000 Miles Drivetrain: 5 Years/ 100,000 Miles Corrosion: 5 Years/ Unlimited Miles Emissions: 8 Years /80,000 Miles Roadside Assistance: 5Years /60,000 Mile Optional EgUipMCllt: Contract + +' 12 ? ❑ CD -Rom service manual $295.00 ❑ Delive over 30 miles $125.00 • (2) Male 4 -pin connectors for siren License and Title fees MP plates $220.00 ❑ Police Wire Harness Connector Kit— Front $125.00 For connectivity to Ford PI Package solutions includes: • (2) Male 4 -pin connectors for siren • (5) Female 4 -pin connectors for lighting/siren /speaker • (1) 4 -pin IP connector for speakers • (l) 4 -pin IP connector for siren controller connectivity • (1) 8 -pin sealed connector • 1) 14-pin 1P connector ❑ Police Wire Harness connector Kit — Rear $150.00 For connectivity to Ford PI Package solutions includes: • (1) 2 -pin connector for rear lighting • (1) 2 -pin connector • (6) Female 4 -pin connectors • (6) Male 4 -pin connectors 0 1 10-pin connector ❑ Police Interior Upgrade Package -65U $390.00 Note: See upfitters guide for further info Includes: Cloth rear seats, Floor mats front & rear, 1" row and 2nd row carpet floor covering, Full floor console with unique police finish panels not available with 67G 67H 67U ❑ Front Headlamp Lighting Solution -66A. $877.00 Includes: Two front integrated LED lights for Wig -Wag simulation -does not include controller- requires grill lamp wiring Front Headlamp Housing Only -86P $120.00 Pre - drilled side marker holes (does not include lights) Lj Tail Lamp Lighting Solution -66B $392.00 Includes two rear integrated LED lights (in tail lamps does not include controller ❑ Rear Lighting Solution -66C $437.00 Includes two backlit flashing LED lights (mounted to inside lift gate glass), two lift gate flashing LED lights (not available with Police Interceptor package 67H Ultimate Wiring Package -not available with Interior Upgrade $540.00 Package Includes the following: • Rear console mounting plate (85R)- contours through 2 "' row; channel for wiring • Pre - wiring for grille LED lights, siren and speaker (60A) • Wiring harness I/P to rear (overlay) • (2) light cables- supports up to (6) LED lights (engine compartment/grille) • 2 50-amp battery and ground circuits in RH rear- ua ter Contract# 122 t rja ,. • (1) 10 -amp siren/speaker circuit engine cargo area ® Rear hatch/cargo area wiring - supports up to (6) rear LED lights Recommend police wire harness connector kits 47C & 21 P $1,035.00 ❑ Cargo Wiring Upfit Package -not available with Interior $1,139.00 Upgrade Package • Rear Console Mounting Plate $19710.00 Ti— • Wiring overlay harness w /lighting & siren interface connections $754.00 ❑ • Vehicle engine harness: 2 -light connectors, 2 -grill light connectors, 2 -50 amp battery ground circuits $882.00 ❑ in powerjunction box, 2 -10 amp sire /speaker circuit $1,163.00 • Whelen lighting PCCBR control head • Whelen PCCBR Light Relay Center • Whelen specific cable connects PCCBR to control head • Pre- wiring for grill lights siren and speaker (not available with 65U 67H and 67U) Ready for the Road Package -not available with Interior $3,102.00 Upgrade Package All -in Complete Package - Includes Police Interceptor Packages 66A 66R 66C plus • Whelen Cencom light controller • Whelen Cencom relay center /siren amp with traffic advisor • Light controller /relay Cencom wiring • Grille LED Lights • 100 Watt Siren/Speaker • (9)1/O digital Serial Cable (console to cargo) • Hidden door lock plunger & rear door handles inoperable • Rear console mounting plate not available with 66A 66B 66C 67G 67U) t rja ,. Contract# 122 ESP Extended Warranty Extra Care $1,035.00 5 -Year 60,000 miles *NEW PRICING ESP Extended Warranty Base Care 5-year 100,000 miles $19710.00 Ti— ESP Limited Maintenance Plan 75,000 miles, 5000 mile interval $754.00 ❑ ESP Limited Maintenance Plan 100,000 miles, 5000 mile interval $882.00 ❑ ESP Limited Maintenance Plan 125,000 miles, 5000 mile interval $1,163.00 ESP Limited Maintenance Plan Contract# 122 _ —,QOUG nuic;_ X000 mile intmar Options — Exlerior D,nk Blue 1A. Bluu Mcl,dhc Kodial:I ro,n ht C:F�l In u! Sil�ei__ 131ack 0v1,old V, hltr tc. - (Itanium ---- - -- - -- Ro�al Blue ial Paint �lS73.00 Options — Interior A'ins I rc;�r - � -- Chu���rell3i�i�h��cloH ie(r�S'i0(1 C ontrtict -- 111 Please enter the following: A(lencc Name ,address ioC Contact Name Phone Number Purch2ise Carder Number Total Dollar Amount Total Number ot'Units {j4., DefiverI Address - .,y �; tt Ncase submit 1'.0. & tax exem1)t letter with icle C?rder-. Currie Moran 4423 N'. Lincoln NmF f i nn l fort, IL 00423 PHONE: (815)464 -9200 AX: (815) 464 -7ioo 0 rrie Fleera Its mail. com ContmI Person: Tom Sullivan Contract:; I'?� Ci74Pt(:i(.t;111tiI\S1r)C ' hIO A,INI L DLVI.DLLW 1:1 ".CAAlit` VII t�I:D ON 11 \ \I tsry •• 1 ' Contract:; I'?� Legislative Summary Resolution 14 -41 AUTHORIZING A SERVICE AGREEMENT WITH COMCAST CABLE COMMUNICATIONS FOR WIDE AREA NETWORK AND DEDICATED INTERNET CONNECTION SERVICES Introduced: July 14, 2014 Synopsis: To authorize a service agreement with Comcast Cable Communications to provide enhanced wide area network and dedicated internet connection services to Village municipal facilities. Purpose: To increase and enhance the bandwidth for network data between Village municipal facilities to maintain a high level of business productivity and enable processes and applications which are dependent on high speed data connectivity Background: Recognizing the need to increase the bandwidth for network data between Village municipal facilities, the Village of Morton Grove on April 14, 2014, developed a Request for Information (RFI) for site -to -site connectivity services. On May 5, 2014, the Village received responses from four companies. After evaluating the proposals on the quality of their solutions, the conformity to the RFI, and their cost structures, the Village met with qualifying companies to discuss the technical details of their solution. After subsequent reviews slid discussions, the Information Technology Division is recommending the wide area network and dedicated internet connection services from Comcast Cable Communications. Programs, Departments All Village network users or Groups Affected Fiscal Impact: Proposal cost is $3,995 per month for Ethernet services and maintenance. Implementation and installation costs are waived. Source of Funds: Funds from the Information Technology Division — Acct No. 022025-553150. Workload Impact: The Information Technology Division as part of their normal work activities will oversee and coordinate the management of this agreement. i Administrator Approval as presented Recommendation: First Reading: None required Special Considerations or None Requirements: " /? t ,r Respectfully submitted: illu'f— " r% Ryan' 33. H`o nr�e, Village Administrator Prepared by: 1 _ Reviewed by: Boyle Wong, Information Systems Manager Teresa Hoffman Liston, Corporation Counsel • AUTHORIZING A SERVICE AGREEMENT WITH COMCAST CABLE COMMUNICATIONS FOR WIDE AREA NETWORK AND DEDICATED INTERNET CONNECTION SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove recognized the increasing demand of data heavy applications to perform Village work; and WHEREAS, the Village of Morton Grove recognized the need to enhance the data transmission rates between municipal Village buildings; and WIIEREAS, the Information Technology Division developed a Request for Information (RED for site -to -site connectivity services; and WHEREAS, the Request for Information was made publicly available on the Village's website on April 14, 2014; and WHEREAS, on May 5, 2014, four proposals were received; and WHEREAS, all proposals were evaluated on quality and completeness of solution, conformity to the RFI, cost structure, and vendor qualifications; and WHEREAS, Village personnel participated in vendor presentations, discussions, as well as reviews of technical appropriateness; and WHEREAS, in consideration of the evaluation, the Information Technology Division recommend establishing an agreement with Comeast Cable Communications for wide area network and dedicated Internet connection services to the sites known as Village Hall (6101 Capulina Avenue), Fire Station 4 (6250 Lincoln Ave), Fire Station 5 (8954 Shermer Road), Public Works (7840 Nagle Avenue), and the American Legion Civic Center (6140 Dempster Street); and WHEREAS, funding for the above implementation is included in the 2014 Annual Budget in Account 022025 - 553150; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute, and the Village Clerk to attest, to an agreement with Comeast Cable Communications, 1701 John F Kennedy Blvd., Philadelphia, PA 1910' ) for wide area network and dedicated internet services. SECTION 3: The Village Administrator and/or his designees are authorized to take all steps necessary to finalize negotiations for said agreement and implement its terms and conditions. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14`x' day of July 2014 Trustee Grear Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED BY ME THIS 14"' DAY OF JULY 2014 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND 1441I,ED in my office this 15`t day of July 2014 Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 1.4 -37 -- — AUTHORIZING THE ANNUAL VETERANS DAY PARADE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: July 14, 2014 This resolution will authorize the 2014 Veterans Day Parade to cross Dempster Street at Georgiana, Georgiana to Crain, east on Crain to School. South on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back, from 1:30 pm to 2:30 pm on Sunday, November 9, 2014, which will require the closing of Dempster Street, Route 58, either partially or completely at Georgiana Avenue, The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Department of' Transportation for the closing of Dempster Street, Route 58, from 1:00 pun to 3:00 pm on Sunday, November 9, 2014, for the Annual Veteran's Day Parade. The Village of Morton Grove has been conducting Veterans Day Parades for a great deal of time and each year a resolution of this nature is developed authorizing the parade and assmning responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. It is further agreed efficient all- weather detours will be maintained and continuously marked and jurisdictionally police patrolled for the benefit of the traffic deviated from the state route. Public Works — Placement of barricades and directional information Police Department — Enforcement and traffic control Overtime associated with above activities General Fund dollars will be used to support the manpower and equipment costs All Village Departments will provide their usual support for this activity Approval None required Special Considerations or None Requirements: Respectfully submitted:_? Ryan Yflornc Vill7e Administrator Prepared by: /r,.f F z`— Reviewed by: �f And yMonte, Public Works Director Teresa Hoffman Li Counsel AUTHORIZING THE ANNUAL VETERANS DAY PARADE WHEREAS, Morton Grove Post 134 of the American Legion of the Village of Morton Grove desires to hold their annual VETERANS DAY PARADE by crossing Dempster Street, Route 58, at Georgiana, and will proceed down Georgiana to Crain, east on Crain to School, south on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back from 1:00 p.m. to 3:00 p.m., on Sunday, November 9,2014; and WHEREAS, said parade will require the closing of Dempster Street, Route 58, either partially or completely between Fernald Avenue and Austin Avenue; and WHEREAS, the State of Illinois requires the Village of Morton Grove to assume all responsibility and liability involved in the closing of said highway. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby malting the findings as hereinabove set forth. SECTION 2: That said Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any land occasioned by the closing of said State route. It is further agreed that efficient all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State route. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14`x' day of July 2014. Trustee Trustee Trustee Trustee Trustee Trustee Grear vacant Marcus Pietron Thill Toth APPROVED BY ME THIS 14`h day of July 2014 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 15"i day ofJuly 2014. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 14 -38 AUTHORIZING THE EXECUTION OF A CONTRACT WITH G & L CONTRACTORS, INC. FOR 2014 CONCRETE REPLACEMENT PROGRAM — PROGRAM B Introduced: July 14, 2014 Synopsis: To authorize the Village President to execute a contract with G & L Contractors. Inc. for the 2014 Concrete Replacement Program - Program B. Purpose: To repair the concrete curbs and sidewalk. Background: This year's program will consist of two parts: Program A and Program B. Program A is a practical approach to urgently address concrete features disturbed by utility repairs in a timely way. This work should be completed before the end of June. Program B will address the deteriorated sections of sidewalk and requests coming out of the 50/50 Sidewalk Replacement Program. This contract was bid through a public process in accordance with the Village Code. The contract was advertised and sealed bids were received. The proposal amount is $12,250.00 less than the Engineer's Estimate of Cost. The bid tabulation is attached as Exhibit "A ". This contract must conform to the requirements of the Prevailing Wage Act. Programs, Departments Public Works. or Groups Affected Fiscal Impact: The estimated contract value is $74,000.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: Amended 2014 Budget Account Number 025017 - 552290 (Construction Services): in the amount of $90,000. Workload Impact: The Public Works Department as part of their normal work activities will perform the management and implementation of the program. I Administrator Approval as presented. Recommendation: First Reading: N/A Special Considerations or None Requirements: i Respectfully submitted: _ R`yaifJ. Horne, Village Administrator Prepared by �—> Chris Tomich, Village Engineer Reviewed by: i.. Reviewed by: Public Works Corporation Counsel ft7D�.'I�71[iTlll[t7►i��t A AUTHORIZING THE EXECUTION OF A CONTRACT WITH G &L CONCTRACTORS, INC. FOR THE 2014 CONCRETE REPLACEMENT PROGRAM - PROGRAM B WHEREAS, tine Village of Morton Grove (Village), located in Cook County, Illinois, is ahome rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the 2014 Concrete Replacement Program — Program B was developed as the second phase of a two -phase annual concrete replacement program with the second phase intended to repair concrete curb and sidewalk; and WHEREAS, the Public Works Department advertised on the Village's website beginning June 18, 2014, inviting bids on the "2014 Concrete Replacement Program — Program B "; and WHEREAS, this contract must conform to the requirements of the Prevailing Wage Act; and WHEREAS, eight entities, contractors or suppliers obtained the bidding materials; and WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Wednesday, July 2, 2014, with the tabulation of bids included in Exhibit "A'; and WHEREAS, G & L Contractors, Inc. is the low bidder with a bid amount of $74,000.00; and WHEREAS, the qualifications and availability of the low bidder has been verified; and WHEREAS, the low bid of G & L Contractors, Inc. is $12,250.00 less than the Engineer's Estimate of Cost; and WHEREAS, Public Works staff has reviewed each unit price in the bid of G & L Contractors, Inc. and considers them to be acceptable; and WHEREAS, funding for the above work in the cumulative amount of $90,000 is available for concrete replacement in the Village of Morton'Grove 2014 Amended Budget in Account Number 025017- 552290. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities accept the bid of G & L Contractors, Inc. in the amount of $74,000.00. SECTION 3. The Village President of the Village. of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with G & L Contractors, Inc. of 7401 North St. Louis Avenue, Skokie, Illinois based upon their bid for the 2014 Concrete Replacement Program — Program B in the amount of 574.000.00. SECTION4. The Village Administrator, Director of Public Works, and the Village Engineer and/or their designees are hereby authorized to take all steps necessary to oversee, and implement this contract. SECTION 5. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS I4 " DAY OF JULY 2014 Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED BY ME THIS 14rl DAY OF JULY 2014 ATTESTED and FILED in my office This 15"' DAY OF JULY 2014 Ed Ramos, Village Clerk Village of Morton ton Grove Cook County, Illinois Daniel P. DiMaria, Village. President Village of Morton Grove Cook County, Illinois .i ;;Ihl m W .i m W ML .i m W Legislative "Summat °y AUTHORIZING EXECUTE A COST SHARING AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND TOLL IL IV, L.P. FOR ROADWAY IMPROVEMENTS ON CAPULINA AVENUE Introduced: July 14, 2014 Synopsis: To authorize the Village President to execute a cost sharing agreement with the 'POLL IL IV, L.P. for making roadway improvements on Capulina Avenue from Narragansett Avenue to Ferris Avenue. Purpose: To construct a new intersection at Narragansett Avenue and Capulina Avenue which will meet the Village's construction standards and will provide a safe facility. Background: The Crossings development by Toll Brothers was approved by the Village in 2005 and construction began shortly after approval. The approved plans incorporated planned improvements within the Village's Lehigh- Ferris Framework Plan. The planned improvements on Capulina Avenue have not been built by the Village. The Village does not intend to build those planned improvements. A reconfiguration of The Crossing's connection to Capulina Avenue is desirable and, arguably, necessary. Toll Brothers is willing to complete the design and construction, so long as the Village pays its proportionate share. Sharing in the cost of a single construction contract is a practical solution for the Village. A cost sharing agreement is attached as Exhibit "A ". Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The Village's estimated costs for improvements to Capulina is $49,000. Source of Funds: Lehigh - Ferris 'TIF Fund 151099 - 571020. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator Approval as presented. Recommendation: Special Considerations or None Requirements: Respectfully submitted: i } //Ryan J. Horne, Village / r ! Prepared by: Joe DAhm, Assistant Director of Public _ Reviewed by: Administrator Teresa Hoffiman Liston, Corporation Counsel Works RESOLUTION 14 -39 AUTHORIZING EXECUTE A COST SHARING AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND TOLL IL IV, L.P. FOR ROADWAY IMPROVEMENTS ON CAPULINA AVENUE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its govermnent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, Capulina Avenue from Narragansett Avenue to Ferris Avenue is a dedicated right - of -way owned and maintained by the Village, and is in need of pavement improvements in order to comply with Village standards; and WHEREAS, Ordinance 05 -45 approved a Final Plat of Subdivision for The Crossings at Morton Grove, a planned unit development, which includes new highway construction on a new right -of- -way identified as Narragansett Avenue from Capulina Avenue to Hennings Court; and WHEREAS, Narragansett Avenue from Capulina Avenue to I-Iennings Court has been designed and partially constructed; WHEREAS, the intersection of Narragansett Avenue at Capulina Avenue included anticipated improvements by other future developments that were not constructed, which creates the need for adjustments to the design to provide an appropriate transition between the two highways that will provide a safe facility; and WHEREAS, some of the desirable design changes to the Capulina Avenue are located outside the property developed as The Crossings of Morton Grove; and WHEREAS, the Village also desires the milling and resurfacing of Capulina Avenue from the intersection limits to Ferris Avenue; and WHEREAS, the Village and Developer wish to jointly engage and cooperate in the improvement of Capulina Avenue from Narragansett Avenue to Ferris Avenue; and WHEREAS, the Amended 2014 Budget includes an allocation of $3,5007000 in Account Number 151099 - 571020, of which all of it is unobligated and available for use on this project; and WHEREAS, Village staff recommends the proposed Cost Sharing Agreement, attached hereto and marked Exhibit "A ", between the Village and Toll IL IV, L.P. for roadway improvements on Capulina Avenue from Narragansett Avenue to Ferris Avenue be approved. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a Cost Sharing Agreement with Toll IL IV, L.P. insubstantial conformity to the attached Exhibit "A" and in an amount not -to- exceed $49,000. SECTION 3. The Village Administrator, Director of Public Works, and the Village Engineer and /or their designees are hereby authorized to take all steps necessary to implement the intergovernmental agreement. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14" DAY OF JULY 2014 Trustee Trustee Trustee Trustee Trustee Trustee Grear Kalogerakos Marcus Pietron Thill Toth APPROVED BY ME THIS 14s' DAY OF JULY 2014 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15t' DAY OF JULY 2014 Ed Ramos, Village Cleric Village of Morton Grove Cook County, Illinois COST- SHARING AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND TOLL IL IV, L.P. RELATING TO CONSTRUCTION IMPROVEMENTS AT CAPULINA AVENUE FROM NARRAGANNSETT AVENUE TO FERRIS AVENUE THIS AGREEMENT is entered into by and between the Village of Morton Grove ( "Village "), an Illinois municipal corporation, and Toll 11., IV, L.P. (`Developer "), an Illinois limited partnership, this day of 2014. WITNESSETH: WHEREAS, Morton Grove is a home rule unit of government as provided in the Constitution ofthe State of Illinois, art.vii, sec.6 (1970); and WHEREAS, Capulina Avenue from Narragansett Avenue to Ferris Avenue ( "Subject Area ") is dedicated right -of -way owned and maintained by the Village, and is in need of pavement improvements in order to comply with Village standards; and WHEREAS, Ordinance 05 -45 approves a Final Plat of Subdivision for The Crossings at Morton Grove, a planned unit development, which includes new highway construction on new right -of -way identified as Narragansett Avenue from Capulina Avenue to Hennings Court; and WHEREAS, Narragansett Avenue from Capulina Avenueto Hennings Court has been designed and partially constructed; WHEREAS, the intersection of Narragansett Avenue at Capulina Avenue included anticipated improvements by other future developments that were not constructed, which creates the need for adjustments to the design to provide an appropriate transition between the two highways that will provide a safe facility, and WHEREAS, some of the desirable design changes to the Subject Area are located outside the property developed as The Crossings of Morton Grove; and WHEREAS, the Village also desires the milling and resurfacing of Capulina Avenue from the intersection limits to Ferris Avenue, and WHEREAS, the Village and Developer wish to jointly engage and cooperate in the improvement, of Capulina Avenue from Narragansett Avenue to Ferris Avenue (the "Work"), NOW THEREFORE, in consideration of the mutual agreements contained in this Agreement, the Village and the Developer agree as follows: 1. Recitals Adopted. The Preamble to this Agreement is restated and incorporated herein as if fully set forth. 2. Description of Work. The Work to be performed for the Subject Area as depicted in Exhibit A, attached hereto and made a part hereof is as follows: 2.1. The curb and gutter and pavement improvements of Narragansett Avenue from the southern property boundary of The Crossings of Morton Grove to the point of curvature of Capulina Avenue. 2.2. The curb and gutter and pavement improvements of Capulina Avenue from the point of curvature of Capulina Avenue to the north -south alley located approximately one hundred sixty (160) feet to the east of the point of curvature of Capulina Avenue. 2.3. The resurfacing of Capulina Avenue from the north -south alley to Ferris Avenue approximately one hundred (100) feet to the east of the north -south alley. 2.4. Improvements related and ancillary to the above descriptions. 3. Obligations. 3.1. Obligations Common to All Work 3.; .1. The Developer will prepare plans, special provisions and estimates, subject to Village approval based on Village requirements, for work at the Subject Area, 3.1.2. The Developer will obtain a Right of Way Permit for work to be performed within the public right -of -way. 3.1.3. The Developer will engage a contractor, subject to Village approval, to perform the Work consistent with the plans and specifications based on unit prices for each item of work for the Subject Area. 3.1.4. The Developer will provide all construction observation, material testing, direction and coordination necessary for the contractor to perform the Work in conformance with the plans and specifications. 3.1.5. The Village will reserve the right to approve or reject the work performed by the contractor on the basis of Village requirements and the plans and specifications. 3.1.6. The Developer will bill the Village for the Village's measured share of the Work based on unit prices as awarded in the contract for the Work following approval of the Work. 3.1.7. The Village shall reimburse the Developer in an amount equal to its respective share of the total amount billed for the completed work within thirty days after receipt of the invoice and approval of said Work. 4. Indemnification, The Developer agrees to indemnify, defend and hold the Village, its agents and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, tines, penalties, interest, expenses, or demands including without limitation reasonable attorney's fees and litigation costs, expenses incurred by the Village in connection with the defense of any action, suit or proceeding in which the Village is made a party (or so threatened) by reason of the Developer's action or its failure to act in connection with the performance of this Agreement. The Village agrees to indemnify, defend and hold the Developer, its agents and employees, harmless from all claims, causes of action, suits, damages, liabilities, casts, liens, tines, penalties, interest, expenses, or demands including without limitation reasonable attorney's fees and litigation costs, expenses incurred by the Developer in connection with the defense of any action, suit or proceeding in which the Developer is made a party (or so threatened) by reason of the Village's action or its failure to act in connection with the performance of this Agreement. 5. Corporate Authority. All necessary corporate, regulatory, legislative or other similar action has been taken by the Developer and Village to authorize and empower it to execute, deliver and perform this Agreement. 6, Compliance with Laws. The Agencies agree to observe and comply with all federal, state and local ordinances which may in any manner affect performance under this Agreement, including but not limited to Illinois Prevailing Wage Act, 7. General Provisions. 7.1. Amendments and Modifications, All amendments and modifications to this Agreement shall be in writing and shall be mutually agreed to by all parties. 7.2. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, agents, licensees, invitees, and representatives to the extent permitted under Illinois law. 7.3. Severability. If any provision or pail of this Agreement shall ever behold to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provisions of this Agreement for all other provisions or parts thereof not held invalid or unenforceable shall continue in full force and effect unless such invalidity or unenforceability renders this Agreement meaningless or grossly inequitable. 7.4. Governing Law This Agreement shall be governed, interpreted and construed according to the laws of the State of Illinois. 7.5. Notices. All notices and other communications in connection with this Agreement shall be in writing, and any notice or other communication hereunder shall be deemed delivered to the addressee thereof when delivered in person at the address set forth below, or will be deemed to be delivered the following business day if sent by overnight courier or similar overnight delivery service, or six business days after deposit thereof in any main or branch United States post office, certified or registered mail, return receipt requested, postage prepaid, properly addressed to the parties, respectively, as follows: All notices to the Village hereunder are directed to: Mr. Ryan J. Horne, Village Administrator Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 847/470 -5220 847/965 -4162 Fax All notices to the Developer hereunder are directed to: Title Phone With a copy to: Gary L. Plotnick Thompson Coburn LLP 55 East Monroe Street, 37`s Floor Chicago, IF 60603 IN WITNESS, the parties hereto have caused this agreement to be executed by the properly authorized officials as of the date and year first above written. Daniel P. DiMaria Village President Village of Morton Grove, Illinois ATTEST: Ed Ramos Village Cleric Village of Morton Grove, Illinois DATE: Name Title TOLL 11,IV, L.P. ATTEST: Name Title LeLyistatiye Summary —_ Resolution 14 -40 j AUTHORIZING A CONTRACTUAL AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. TO PROVIDE FINANCIAL ANALYSIS AND DEVELOPMENT CONSULTING SERVICES FOR THE DEMPSTERIWAUKEGAN AND LEHIGHIFERRISTIF DISTRICTS AND GENERAL TIF DISTRICT ADMINISTRATIVE SERVICES Introduced: July 14, 2014 Synopsis: This resolution will authorize the Village to enter into an agreement for specialized real estate r financial consulting services for the redevelopment projects within the Dempster /Waukegan and Lehigh Ferris TIF Districts, including the proposed mixed use residential and retail development project at the southwest corner of Dempster /Waukegan (8700 Waukegan Road) along with general TIE District administration services, as directed by the Village Administrator, including, but not limited to preparation of annual TIE reports, guidance on compliance with TIF legislation, etc. Purpose: Specialized expertise is required to assist the Village assess proposals and negotiate redevelopment agreements in the Dempster /Waukegan and Lehigh /Ferris TIF Districts and to assure the Village is kept abreast of any changes to TIF statutes, guidance to staff on compliance with all TIF regulations and approved redevelopment plans, and assistance in preparation of annual TIF reports. Background: On October 8, 2012, the Village established the Dempster /Waukegan TIF District to promote the redevelopment of the Prairieview Shopping Center and nearby properties. The Village has Ireceived a proposal for TIF assistance for a 3,45 acre parcel southwest of the Waukegan and Dempster intersection, and believes it will soon receive a proposal for assistance from the owners of the Prairieview Shopping Center. The Village also is actively promoting economic development within the existing Lehigh /Ferris TIF District and want to have a qualified real estate financial consultant on -board to assist the Village on potential redevelopment opportunities and suitable incentive programs, particularly for the targeted downtown development area. hn order to evaluate these proposals and negotiate complicated TIF redevelopment agreements, staff recommends the Village employee financial and development consultants who have highly specialized expertise in TIF financial matters and can assist staff to: M Review development information to determine possible need for assistance; ® Evaluate development costs, including construction costs, site preparation costs, design fees, construction oversight, etc; O Review rents and lease -up assumptions; G Financial analysis — review revenues, expenses, resulting net operating income; a Evaluate returns both with or without municipal assistance; ® Calculate projected new real estate increment, and projected sales taxes train new developments ® Participate in term sheet /redevelopment agreement negotiations; and After reviewing proposals and interviewing qualified consultants, staff recommends Kane, McKenna and Associates, Inc., who are highly qualified and can provide these services at a Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend Second Reading: Special Consider or Requirements: reasonable cost. In addition to providing expertise on the review and negotiation of TIT applications and redevelopment agreements, Kane, McKenna and Associates, Inc., will be a valuable resource to provide guidance to staff on questions related to TIF compliance, expert opinions on impacts of any pending state legislation related to TIT Districts, and assistance in the preparation of the annual TIF reports. The proposed scope of services is included in Kane, McKenna and Associates, Inc. proposal dated July 10, 2014, attached as Exhibit A. Administration, Community & Economic Development, Finance and Legal Departments Estimated billing for the 8700 Waukegan Road is in the range of $8,000 to $12,000. Services related to the Prairie view Shopping Center and additional consulting services will be determined after proposals are received and the scope of work is more clearly defined for each project. Acct No. 131079-5 521 10 Staff will oversee the implementation of the agreement and anticipated work as part of their normal duties. Approval as presented N/A None Respectfully submitted: Ryan J/Horne, Village Administrator Prepared by: Teresa Hoffman Liston, Corporation Counsel ,i AUTHORIZING A CONTRACTUAL AGREEMENT WITH KANE, MCKENNA AND ASSOCIATES, INC. TO PROVIDE FINANACIAL ANALYSIS AND DEVELOPMENT CONSULTING SERVICES FOR THE DEMPSTERIWAUKEGAN TIF DISTRICT AND GENERAL TIF DISTRICT ADMINISTRATIVE SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has the authority pursuant to the laws of the State of Illinois to promote the health, safety, and welfare of the Village and its residents, to prevent the spread of blight, to encourage private development in order to enhance the local tax base, to increase employment, and to enter into contractual agreements with developers and redevelopers for the purpose of achieving such objectives; and WHEREAS, the Village is authorized under the provisions of Article VII, Section 10 of the State of Illinois Constitution, 1970, to contract and otherwise associate with individuals, associations, and corporations in any mariner not prohibited by law;. and WHEREAS, the Village is authorized under the provisions of Article VIII of the State of Illinois Constitution, 1970, to use public funds for public purposes; and WHEREAS, the Village is authorized under the provisions of the Tax Increment Allocation Redevelopment Act, as amended, 65 ILCS 5/11- 74.4 -1 et seq. ( "Act "), to finance redevelopment projects in accordance with and pursuant to the Act; and WHEREAS, On October 8, 2012, the Village, pursuant to and in accordance with the Act, adopted (i) Ordinance No. 12 -34 approving a Tax Increment Redevelopment Plan and Project Area, (ii) Ordinance No. I2 -3 5 designating the Dempster /Waukegan Redevelopment Project Area, and (iii) Ordinance No. 12 -36 adopting Tax Increment Allocation Financing (collectively, "TIF Ordinances "), which established the Dempster /Waukegan Tax Increment Finance Redevelopment Project Area ( "TIF District"); and WHEREAS, while some development work in the Dempster /Waukegan TIF District is already underway, a great deal of work remains, including the review, analysis and consideration of proposals from developers for assistance from the Village, and in appropriate cases the negotiation of redevelopment agreements for projects that are in the Village's best interest; and WHEREAS, highly specialized expertise is needed to: • Review development information to detem7ine possible need for assistance; • Evaluate development costs, including construction costs, site preparation costs, design fees, construction oversight, etc; • Review rents and lease -up assumptions; • Financial analysis — review revenues, expenses, resulting net operating income; • Evaluate returns both with or without municipal assistance; • Calculate projected new real estate increment, and projected sales taxes from new developments; • Participate in term sheet /redevelopment agreement negotiations; and WHEREAS, the desire to acquire these specialized consulting services led staff to seek out proposals and interview highly qualified consultants within the Metropolitan Chicago Region; and WHEREAS, a review of proposals and interviews with three firms resulted in the selection of Kane, McKenna and Associates, Inc. as the best qualified consultant which provide these technical consulting services at a reasonable cost which was deemed most appropriate for the size and scale of the redevelopment effort anticipated for the Dempster /Waukegan Redevelopment Project Area; and WHEREAS, the 'Board of Trustees deemed it to be in the best interest of the Village to employee the services of Kane, McKenna and Associates, Inc. as a development consultant in the Dempster /Waukegan Redevelopment Project Area and to enter into an agreement for development services as requested from time -to -time by the Village Administrator; and WHEREAS, it is anticipated the Village will utilize the services of Kane, McKenna and Associates, Inc. to assist staff in the analysis of an application for TIT assistance from Heartland Real Estate Partners, LLC, for a mixed use residential and retail development project of approximately 3.54 acres located at the southwest corner of Dempster Street and Waukegan Road and commonly known as 8700 Waukegan Road, Morton Grove IL, 60053 ( "Developer Property "); and WHEREAS, it is further anticipated the Village will utilize the services of Kane, McKenna and Associates, Inc. to assist staff in the analysis of one or more request for Village financial assistance for the renovation of the Prairie View Shopping Center located at the southeast corner of Dempster Street and Waukegan Road; and WHEREAS sufficient funds have been budgeted for these services in the 2014 Village Budget; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is authorized to negotiate, and the President is hereby authorized to execute, and the Village Cleric to attest a contractual agreement with Kane, McKenna and Associates, Inc. to provide development consulting services for the Dempster /Waukegan TIT District consistent with the proposal submitted to the Village from Kane McKenna and Associate, fine. dated July 10; 2014. SECTION 3: The Village Administrator and staff are hereby authorized to frilly manage and implement the terms and conditions of the contract and to utilize the services of Kane, McKenna and Associates, Inc. to achieve the stated redevelopment goals. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 14th day ofJuly 2014. Trustee Trustee Trustee Trustee Trustee Trustee Great Marcus Pietron Thill Toth Witko APPROVED BY ME "PHIS 14th DAY OF July 2014 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 15th DAY OF July 2014 Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois Beane, McKenna 150 North UJacker Drive r 312_ 444 - 1702 Suite I600 s 312.444. 9052 and Associates, Inc. Ch ago.nhnols 60606 July 10, 2014 Ms, Nancy Radzevich, AICP Community and Economic Development Director Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 RE: AMENDMENT TO JUNE 26, 2014 LETTER OF AGREEMENT FOR PROJECT ANALYSIS — N71LLAGE OF MORTON GROVE TIF DISTRICTS Dear Ms. Radzevich: Pursuant to our discussion, Kaz1e, McI4enna and Associates, Inc. (the "Consultant"), is prepared to assist the Village of Morton Grove (the "Village ") in the review of TIP related analyses for all of the Village's TIP Districts, subject to Village direction and authorization of services. PROPOSED SERVICES Consultant shall provide the following professional sere ces on behalf of the Village, as needed and as directed by the Village. I) Analyze the tax revenue projections provided in any gap analysis submitted to the Village and test them for reliability and reasonableness by preparing alternative revenue projections based on comparable projects and Consultant's file data. (including "camps" from Consultant files) — Scope of said projections includes property tax incremental revenues, sales tax projections and/or other municipal revenues that are projected to be generated from the proposed Project being considered by the Village. 2) Evaluate the Internal Rate of Return (IRR) analyses or comparable return data as part of any project analysis both with and without Village assistance. The Consultant will also prepare alternative IRR analyses as a means to provide the Village with an independent estimate of developer's need for Village financial assistance, and to measure the extent of such need, if any. 3) Prepare for Village decision makers a summary memorandum to provide recommendations and counter- negotiations strategies regarding the appropriateness of providing the propose Project with "gap" assistance through use of Village revenues. I50 Northv/acker Drive r 312.444. r702 Sui'e1600 v 312 444. 9052 Chicago, Illinois 60606 Ms. Nancy Radzevich, AICP Page. Two July 10, 2014 5) Assist the Village in the negotiation of business terms for any redevelopment agreement prepared for the Project, and review and comment on drafts of such agreements. if requested. ` 6) Attend development - related meetings as requested by Village, such as meetings of Village committees, the Village Board, other public meetings. 7) Assist in the review of the proposed development strategies to advise the Village of any problems or concerns regarding provisions and /or conditions that might adversely impact any of the proposed financial structures. 8) Assist the; Village in the preparation of annual TIF reports required by the State. of Illinois. CO1lTPENSATION FOR SERVICES The Consultant shall be paid on the following basis for the Scope of Services as are outlined above. The Consultant shall bill Village monthly per the following hourly billing schedule: Personnel 4) Perform any required updates to revenue projections and gap analysis, if and when key Ld Project assumptions change (e.g., Officers absorption schedule, tenant, etc.). 5) Assist the Village in the negotiation of business terms for any redevelopment agreement prepared for the Project, and review and comment on drafts of such agreements. if requested. ` 6) Attend development - related meetings as requested by Village, such as meetings of Village committees, the Village Board, other public meetings. 7) Assist in the review of the proposed development strategies to advise the Village of any problems or concerns regarding provisions and /or conditions that might adversely impact any of the proposed financial structures. 8) Assist the; Village in the preparation of annual TIF reports required by the State. of Illinois. CO1lTPENSATION FOR SERVICES The Consultant shall be paid on the following basis for the Scope of Services as are outlined above. The Consultant shall bill Village monthly per the following hourly billing schedule: Personnel Hourly Rates President $200.00 /Hour Executive Vice President $1.75.00 /Hour Officers $150.00/Hour Associates $100.00 /Hour Research $ 60.00 /Hour Administrative $ 25.00 /Hour Billings are variable and will depend on the number of iterations of the gap analysis and teleconferences or meetings required to complete the scope of services, but will be undertaken solely at the direction of the Village. '50 NormnWadkerorive r 31z 4�4 1702 suite 1609 r 312. 444. 9052 Chicago, I[Mnols 60606 Ms. Nancy Radzevich, AICP Page. Four July I0, 2014 Please indicate your acceptance of this Agreement by executing the original and copy, retaining the copy for your files and returning the original to us. We IODIC forward to working with you on this Project. Sincerely, Zr Robert Rychikki Executive Vice President AGREED TO: Robert 4 Robert Rychlicki, Executive Vice President Date Kane, McKenna and Associates. Inc. Village of Morton Grove Date S:1ClientFoldersd00't0n GroveT sa Contracts \2014Vameuc!menttoWaulcegsm Depster Project Anatosis LOA 0?.10.14.docr, Legislative Summary Ordinance 14 -17 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SECTION 12 -15 -4 TO ALLOW CERTAIN MODIFICATIONS TO EXISTING NON - CONFORMING STRUCTURES TO BE APPROVED ADMINISTRATIVELY Introduction: July 14, 2014 Synopsis: This ordinance will approve a text amendment to allow administrative review and approval of certain modifications to non - conforming structures when the expansion or alteration would not increase the non - conforming aspect of the structure and when the proposed expansion or alteration otherwise meets all other dimensional controls and development requirements, established in the Unified Development Code (Title 12). Purpose: i This ordinance will help streamline the Village's development review approval process for certain modifications to non - conforming structures, while preserving the intent of the zoning code to allow for the orderly development and redevelopment of the Village, and will reduce the permit review time for such projects and improve allocation of staff resources. Background: As the Village of Morton Grove was incorporated in 1895 and Village's zoning regulations have changed over time, many buildings in Morton Grove exist as non- conforming structures. Under the current Village regulations, any alteration or modification to a non - conforming structure, even one that by itself meets all district dimensional controls AND which do not expand or increase the non - conforming nature of the structure, requires a formal review and approval by the Zoning Board of Appeals. In the first five (5) months of this year, the Zoning Board of Appeals reviewed and approved four (4) cases in which an addition or alteration was proposed to a non - conforming structure where such expansions did not increase or expand the non - conforming nature of the structure and where expansions complied with all other dimensional controls and relevant development lstandards established in Title 12. Two of these projects were for commercial properties and two were residential additions. The proposed text amendment will allow administrative review and approval of certain modifications to non - conforming structures when the expansion or alteration would not increase the non - conforming aspect of the structure and when the proposed expansion or alteration would otherwise meet all other dimensional controls and development requirements or standards established in the Unified Development Code (Title 12). In order to qualify for administrative review, submitted expansion or alteration projects shall comply with the following: 1. The existing lot area and lot width must comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure shall not expand or increase the non- conforming aspect of the structure; 3. The new addition to and /or alteration of the structure, in and of itself, shall comply with all the required dimensional controls; 4. The overall structure, with the addition and /or alterations, shall comply with all aspects of the dimensional controls, with the exception of the existing legal non - conformity, and shall .-1 n Submitted by. <j /' Reviewed by R an J. Horne, VPl ge #dmiiaistrator Teresa Hoffinan Liston, Corporation Counsel Prepared by: Nancy M. Ra&eviq'h, Community and Economic Development Director li v'' not result in the need for any waivers to the dimensional controls or other relevant development requirement or standard within the Unified Development code, including but not limited to parking, landscaping, signage, etc. 5. The existing and proposed use shall be permitted in the Zoning District in which the property and structure are located. Because the non - conforming nature of the structure cannot be expanded or increased and by requiring that all other dimensional controls including but not limited to building setback dimensions, FAR, lot coverage, lot size, building height, etc., as well as all other pertinent aspects of the development regulations, such as parking, landscaping, signage, etc., are met this text amendment provides for a more streamlined review process for such projects while maintaining the intent and integrity of the Unified Development Code, and is consistent with the codes and development review processes of neighboring communities. PC #14 -10 was presented to the Plan Commission for public hearing on June 16, 2014. There was no public comment and the Plan Commission unanimously recommended approval of the text amendment to the Village Board. (6 -0 -1; Kahn absent), Programs, Departs Community and Economic Department or Groups Affected Fiscal impact: N/A Source of Funds: N/A Worldoad Impact: These amendments will be implemented by the Community and Economic Development in the normal course of business. Admin Recommend: Approval as presented Second Beading: August 11, 2014, required -- Municipal Code Book change Special Consider or Requirements: None .-1 n Submitted by. <j /' Reviewed by R an J. Horne, VPl ge #dmiiaistrator Teresa Hoffinan Liston, Corporation Counsel Prepared by: Nancy M. Ra&eviq'h, Community and Economic Development Director li v'' !' Ll AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SECTION 12 -15 -4 TO ALLOW CERTAIN MODIFICATIONS TO EXISTING NON - CONFORMING STRUCTURES TO BE APPROVED ADMINISTRATIVELY WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, Village of Morton Grove, has made a proper application to the Plan Commission in case number PC 14-10 to consider and recommend the adoption of a text amendment to the Village of Morton Grove Unified Development Code, Section 12 -15-4, to allow certain modifications to existing non - conforming structures to be approved administratively; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Niles- Morton Grove Patch, a newspaper of general circulation in the Village of Morton Grove which publication tools place on May 29, 2014, a public hearing was conducted on June 16, 2014 relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated July 2, 2014, a copy of which is attached hereto and made a part hereof and marked as Exhibit . "A" and WHERAS, the Village of Morton Grove was incorporated in 1895 and the Village's zoning regulations have changed over time and with subsequent changes many older buildings in Motion Grove exist as non - conforming structures; and WHEREAS, Currently the Village's Unified Development Code (UDC) requires the approval of the Zoning Board of Appeals the modification of certain nonconforming structures even if such modification would not increase or expand the non - conforming aspect of the structure and otherwise meet all other dimensional controls and relevant development requirements and standards. This approval process can add a minimum of four to six (4 -6) weeks to the review and approval process due to the Zoning Board of Appeals' meeting schedule and the legal notification requirements; and WHERAS, Village staff has recommended that the UDC be amended to allow for the administrative review and approval of certain alterations or expansions of non- conforming structures in cases where (1) the modifications would not increase or expand the non - conforming aspect of the existing structure, (2) the proposed expanded /altered structure would otherwise meet all other dimensional controls and relevant development requirements and standards established within the Unified Development Code, (3) the modification is for a use that is permitted within the underlying zoning district, and (4) the existing lot complies with the minimum lot area and width requirements ; and WHERAS, the proposed text amendment is consistent with similar administrative review provisions included in the zoning ordinance of many surrounding communities and reflects good planning and permitting practices; and WHERAS, The Corporate Authorities have concluded that the proposed amendment will preserve the intent of the Unified Development Code to allow for the orderly development and redevelopment of the Village while streamlining the development approval process; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good; and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOI{ COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: Title 12 entitled Unif ed Development Code, Chapter 15, entitled Nonconformities, Section 12 -15 -4 entitled Nonconforming Structures of the Municipal Code is hereby amended by modifying this secticp as follows: 12 -15 -4: NONCONFORMING STRUCTURES: These provisions shall apply to structures which are occupied by permitted uses or allowable special uses in the zoning district in which they are located, but do not conform to the setback, height, or floor area ratio requirements of the district in which they are located. These provisions also apply to residential structures which were constructed on lots which became nonconforming due to lot width and size, except as noted in Section 1.2- 15- 4:A.1., below. These provisions refer to structural nonconformities due to zoning provisions. Structural nonconformities due to building and fire codes must still comply with the provisions regarding nonconformities in those codes specifically. A. Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered as follows:, I. Administrative Review: Nonconformina structures may be expanded and altered, through an administrative review process provided that the proposed addition to and/or alteration of the structure meets the following criteria: a. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; b. The addition to or alternation of the structure does not expand or increase the non - conforming aspect of the structure; e. The new addition to and /or alteration of the structure in and of itself, complies with all the required dimensional controls, d. The overall structure and site with the addition and /or alterations, complies with all the required dimensional controls with the exception of the existing legal non - conformity and does not result in the need for any waivers to the dimensional controls or any other relevant development requirement or standard, established within the Unified Development code, including but not limited to parking, landscaping, signage, etc.; and e. The existina and proposed use(s) within the structure must be permitted use(s) within the respective zoning district in which the property and structure are located. 2. Zoning Board of Appeals Review: Nonconforming structures, which do not meet the criteria established in 12- 15- 4:A.1., may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property. B. Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event: 1. Does not exceed fifty percent (50 %) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building permit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion. Exceeds fifty percent (50 %) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a permitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals. C. Moving a Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07 -07, 3 -26 -2007) PASSED this I Ith day of August 2014, Trustee Great Trustee Marcus Trustee Pietron Trustee Thill Trustee Toth Trustee Witko APPROVED by me this 1 Ith day of August 2014 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 1 Ith day of August 2014. Ed Ramos, Village Clerk Village of Morton Grove Cook County, Illinois To: Village President and Board of Trustees /'' From: Ronald L. Farkas, Chairperson, Plan Commission .L Nancy Radzevich, AICP, Community and Economic Development Direci Dominick A. Argumedo, AICP, Zoning Administrator /Land -use Planner Date: July 2, 2014 Re: PC14 -10 — Appiication for Text Amendments to Sections 12.15 -4 of the Morton Grove unified Development Code (Ordinance 07 -07) to allow certain modifications to existing nonconforming structures to be approved administratively Commission Report Public Hearing Notice and Application The Village of Morton Grove provided Public Notice for this request to be heard at the June 16, 2014 Plan Commission public hearing in accordance with applicable requirements. Pioneer Press, a local newspaper, published a public notice on May 29, 2014. As this request is fora text amendment, not a request for a specific site, no public notice signs or notification letters were required. Public Hearino —Staff Overview Mr. Argumedo, Zoning Administrator /Land -Use Planner, presented the case on behalf of the Village. He stated that per the Morton Grove Unified Development Code Section 12- 15 -4 -A, Nonconforming structures may continue and may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed or the owner of the structure and does not adversely affect the adjoining property. " Mr. Argumedo noted that Section 12- 15 -4 -A covers ALL modifications to non - conforming structures, The proposed text amendment would allow for administrative review of alterations or expansions of non - conforming structures in cases where the modifications would not increase a structure's non - conforming aspect of the structure and where the proposed expanded /altered structure would otherwise meet all other relevant dimensional controls. M. Argumedo continued that as the Village of Morton Grove was incorporated in 1895 and the Village's zoning regulations have changed over time and with subsequent changes many older buildings in Morton Grove exist as non - conforming structures. Under the current Village regulations, any alternation or expansion, even one that by itself meets all district dimensional controls AND which do not expand or increase the non - conforming nature of the structure reouire a formal review before, and approval by, the Zoning Board of Appeals (ZBA). Due to the Zoning Board of Appeals monthly schedule with specific notification requirements (minimum of 15 day publication notice, within a newspaper), the requirement of ZBA approval adds a minimum of 4 -0 PC 14 -10: Text Amendment — Non - Conforming Structures July 2, 2014 weeks to the review /approval process, requires additional staff time (preparation of reports, mailings, etc.), and lengthen public hearing meetings. Mr. Argumedo stated that this proposed text amendment allows for administrative review and approval of modifications to non - conforming structures, which specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in the Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure does not expand or increase the non- conforming aspect of the structure; 1 The new addition to and /or alteration of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alterations, complies with all the relevant dimensional controls, with the exception of the existing legal non - conformity, and does not result in the need for any waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development Code, including but not limited to parking, landscaping, etc. 5. The existing and proposed use(s) within the structure must be permitted use(s) within the respective Zoning District in which the property and structure are located. Mr. Argumedo provided an overview of four cases, included in the June 8, 2014 staff report (Exhibit A), which the Board recently approved and by which the applicant would have benefited from this amendment. At the February 17, 2014 Zoning Board of Appeals meeting, the Board heard and unanimously approved two commercial expansions of non - conforming structures. The first was a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq. ft. facility. The proposed addition itself met all M2 General Manufacturing dimensional control requirements, and the proposed enlarged facility still complied with the required FAR. The proposed addition required Zoning Board of Appeals approval because the existing structure encroached into the required rear and side yard setback requirements of 10 ft. (4' -7° existing) and 20 ft. (10 ft. existing) respectively and is an existing legal non - conforming structure. The proposed new addition did not expand or increase the non - conforming nature of the structure as it was located 31 ft. from the side and 183 ft. from the rear property lines, respectively. Staff initially met with representatives of Morton Grove Pharmaceutical in December of 2013 to review the proposal; due to the current regulations and filing requirements, the project was not be presented to or approved by the Zoning Board of Appeals until February 17, 2014, Mr. Argumedo continued that the Board also heard and approved a request by Sko -Die, Inc. for a 4,000 sq. ft. addition to its 60,000 sq. ft. non- conforming facility. As with Morton Grove Pharmaceutical, the proposed addition met all M2 General Manufacturing setback and height requirements, and the proposed enlarged facility still met the FAR requirement. The existing structure however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft. existing) rear yard setbacks. Staff also initially met with representatives of Sko -Die in December of 2013 and due to notification requirements, the case was not presented to or heard by the Zoning Board of Appeals until February 17, 2014. Mr. Argumedo then presented overviews of two recent residential cases that similarly required ZBA approval, but which could be handled administratively under the proposed text amendment. At the May 19, 2014 ZBA hearing, an applicant presented a proposal for a partial second floor 2 PC 14 -10: Text Amendment - Non - Conforming Structures July 2, 2014 addition to an existing 1 story residence. The existing residence encroaches 12 ft. in the required rear yard setback of 30 ft. The proposed second floor addition was setback 41 ft. from the rear property line and as such did not increase or expand the non - conforming nature of the structure. The proposed addition met all other dimensional controls and the entire structure was below the maximum permitted FAR. The applicant filed the original permit with the Building Department on March 27, 2014. Mr. Argumedo provided an overview of another residential project the ZBA recently approved. The proposed small 85 sq. ft. addition had to be reviewed and approved by the ZBA because the existing structure was non - conforming and encroached in the required 6 ft. (4' -10" and 5' -7" existing) side and 30 ft. rear yard (28' -7" existing) setbacks, and exceeded the maximum permitted (50 %) rear yard lot coverage (75% coverage for the existing structure). The proposed addition itself met all dimensional controls and did not increase the non - conforming nature of the existing structure or lot coverage. Mr. Argumedo stated that the proposed text amendment to allow for alterations of or additions to non - conforming structures that would not increase or expand the non - conforming nature of the structure, where such addition or alteration in and of itself would met all other district dimensional controls within the zoning district, mirrors zoning ordinances currently on the books in many surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all explicitly state that a non - conforming structure that does not add to the non - conformance and meets all other provisions of the individual zoning ordinance shall be allowed by right. Mr. Argumedo then summarized the proposed amendment to allow for modifications to non- conforming structures that meet the aforementioned five (5) conditions would preserve the intent of the zoning code to allow for the orderly development and redevelopment of the Village while streamlining the development approval process. By requiring that all other dimensional controls, including but not limited to setback dimensions, FAR, lot coverage, etc. as well as pertinent aspects of the Unified Development Code (parking, etc.) are met AND as long as the non- conforming nature of the structure is not expanded or increased, this proposed amendment maintains the intent and integrity of the municipal code, while allowing for a more streamlined review process. Public Hearing —Board Comment /Inquiry Chairman Farkas asked for questions from the commissioners. Commissioner Gabriel asked if there was an administrative process in place for an initial review of a proposal where this amendment would apply and then an additional approval by an independent person. Ms. Radzevich stated the Village's project review process for an eligible non - conforming structure would mirror every other development review process. When an application for a building permit is filed the first review is done by the zoning division. The project is not advanced to other departments for review until the zoning division has determined the project is compliant as to use and meets dimensional controls and development standards. In the case of eligible modifications to non - conforming structures, the proposed amendment provides some additional conditions for administrative review that are not required by surrounding communities. Other neighboring communities' regulations simply state that as long as the proposed modification complies with the 3 PC 14 -10: Text Amendment — Non - Conforming Structures July 2, 2014 dimensional controls that it can be done. For this text amendment, staff has included some additional conditions to the proposed text amendment for greater scrutiny. For example, any modification of a non - conforming structure on a sub - standard lot would still require ZBA review and approval. Commissioner Gabriel followed up for clarification that if an applicant came in with a case to be reviewed, the person that determined if the zoning aspects of the case were compliant or not, would there need to be someone else that agrees with their determination? Commissioner Blonz stated that his interpretation from Commissioner Gabriel's question was if someone is going to check on someone else's approvals. Ms. Radzevich stated that with any project submission it is either compliant with the Unified Development Code or its not, this is not a judgment call. All the aspects of the project - the setback dimensions, compliance with FAR, rear lot coverage, parking requirements, etc. - all aspects of a submission have to comply. Ms. Radzevich continued that the owner or applicant is responsible to provide all the calculations and dimensions. The architect that is providing the drawings is putting their stamp on this and is certifying the information is accurate. The staff has a lot of cross checks in place and there is a lot of overlap within the department. There are many checks and balances that are done within the department for any permit review. This is the review process that the department would use for projects that would fall under this proposed amendment. Chairperson Farkas asked if the non - conforming structure, due to excessive FAR, was not changing the footprint, but adding a second a floor, would the project be eligible for review under the proposed amendment? Mr. Argumedo noted that a non - conforming structure with respect to FAR would not be eligible for administrative review through this amendment as any additions would result in the expansion or increase of the existing non - conformity, FAR, and thus violate a condition of the proposed amendment. Ms. Radzevich continued that staff discussed the proposed amendment and possible scenarios with Corporation Counsel to ensure that the proposed amendment would only apply to such non - conforming structures which could be expanded without potential adverse impacts. Public Hearing— Public Comment Chairperson Farkas asked if anyone present that wanted to be heard on this case. No one asked to speak. Public Hearing —Board Discussion and Vote Chairperson Farkas asked for a motion to approve Case PC14 -10. Commissioner Blonz made a motion to approve the proposed text amendment, Case PC14 -10 with the requirements included in the staff memo dated June 8, 2014, as follows: Plan Commission recommends approval of Case #PC14 -10, for Text Amendments to Section 12- 15-4-A of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow administrative review of proposed alterations of and/or additions to non - conforming structures provided the proposed project specifically complies with the following requirements: 4 PC 14 -10: Text Amendment — Non- Conforming Structures July 2, 2014 1. The existing lot area and lot width complies with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alteration of the structure does not expand or increase the non- conforming aspect of the structure; 3. The new addition or alteration, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the proposed addition and /or alternations, complies with all the relevant dimensional controls, with the exception of the existing legal non - conformity, and does not result in the need for any waivers to any dimensional controls or any other relevant requirement or standard within the Unified Development Code, including but not limited to parking, landscaping, etc. 5. The use must be conforming to the list of permitted use in Zoning District in which it is located. Motion was seconded by Commissioner Dorgan and was passed unanimously (6 -0 -1; Commissioner Kahn absent). PC 14 -10: Text Amendment - Non - Conforming Structures July 2, 2014 PC 14 -10 Proposed Text Amendment Language (New Text shown in boldlunderlined format; any deleted text shown as stFkethfflush format) 12 -15 -4: NONCONFORMING STRUCTURES: These provisions shall apply to structures which are occupied by permitted uses or allowable special uses in the zoning district in which they are located, but do not conform to the setback, height, or floor area ratio requirements of the district in which they are located. These provisions also apply to residential structures which were constructed on lots which became nonconforming due to lot width and size, except as noted in Section 12- 15 -4•A 1 below. These provisions refer to structural nonconformities due to zoning provisions. Structural nonconformities due to building and fire codes must still comply with the provisions regarding nonconformities in those codes specifically. A. Continuation And Expansion Of Nonconforming Structures: Nonconforming structures may continue and may be expanded and altered as follows:, 1. Administrative Review: Nonconforming structures may be expanded and altered through an administrative review nrocess provided that the proposed addition to and/or alteration of the structure meets the foliowinR criteria: a. The existing lot area and lot width comply with the reouirements established in Unified Develonment Code for the specific zoning district in which the oronerty is located: b. The addition to or alternation of the structure does not expand or increase the non - conforming aspect of the structure; C. The new addition to and /or alteration of the structure in and of itself, complies with all the reouired dimensional controls• d. The overall structure and site with the addition and/or alterations complies with all the reouired dimensional controls with the exception of the existing legal non - conformity and does not result in the need for anv waivers to the dimensional controls or any other relevant development reouirement or standard established within the Unified development code including but not limited to parkin landscaping. signage, etc.: and e. The existing and proposed use(s) within the structure must be permitted use(s) within the respective zoning district in which the property and structure are located 2. Zoning Board of Appeals Review: Nonconforming structures which do not meet the criteria established in 12-15-4:A .I., may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property. 6.., _ PC 14 -10: Text Amendment - Non - Conforming Structures July 2, 2014 B. Damage To Nonconforming Structures: If a nonconforming structure is destroyed or damaged by a fire, flood, windstorm, or similar abnormal and identifiable event, and the cost of restoring the structure to its condition immediately prior to the event: 1. Does not exceed fifty percent (50 %) of the cost of restoring the entire structure, then the structure may be restored to its original nonconforming condition, provided that a building pen-nit is secured, reconstruction is initiated within one year from the date of the damage, and such reconstruction is diligently pursued to completion. 2. Exceeds fifty percent (50 %) of the cost of restoring the entire structure. The structure shall not be restored unless the structure, as restored, and the use, will thereafter conform to all requirements of the zoning district in which it is located. A nonconforming structure which is a pennitted use in a residential district may be restored provided a variation is granted by the zoning board of appeals. C. Moving A Nonconforming Structure: A nonconforming structure may not be moved or relocated in whole or in part, unless such move or relocation causes the structure to conform to all regulations of the zoning district in which it is subsequently located. (Ord. 07 -07, 3 -26 -2007) 7 To: Chairperson Farkas and Members of the Plan Commission From: Nancy Radzevich, AICP, Community & Economic Development Direc 0 Dominick Argumedo, AICP, Zoning Administrator/ Land-Use Planneri 1 STAFF MEMORANDUM Public Notice The Village provided Public Notice for the June 16, 2014 Plan Commission public hearing for PC 14 -02 in accordance with the Unified Development Code. The Niles - Morton Grove Patch published the public notice on May 29, 2014. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Background The Morton Grove Unified Development Code Section 12- 15 -4 -A states, 'Continuation And Expansion Of Nonconforming Structures.' Nonconforming structures may continue and may be expanded and altered, provided that the expansion or alteration meets the criteria of an authorized variation by the zoning board of appeals, and that the zoning board of appeals finds that an undue hardship is imposed on the owner of the structure and does not adversely affect the adjoining property. " As read, Section 12- 15 -4 -A covers ALL manner of proposed non- conforming structure expansion including structural expansions that would not increase a structure's non - conforming aspect and where the proposed expansion would otherwise meet all other zoning district dimensional controls. The proposed text amendment would allow for administrative review of such proposals rather than requiring submission before the Zoning Board of Appeals. The existing requirement of a formal application before the Zoning Board of Appeals for an expansion of a non- conforming structure that does not increase an existing non - conformity and would otherwise meet all other dimensional controls can add at minimum a month to a project's approval time. Discussion As the Village of Morton Grove was incorporated in 1985 and Village's zoning regulations have changed over time, with the last zoning code comprehensive overhaul approved in 2007, many structures in Morton Grove exist as non - conforming structures. As such, under the present Village regulations, any structural expansion, even one that by itself meets all district dimensional controls AND which do not expand or increase the non - conforming nature of the structure require a formal review before the Zoning Board of Appeals. Due to the Zoning Board of Appeals monthly schedule with specific notification requirements (minimum of 15 day publication notice, within a newspaper), this process can add at a minimum of 4 -6 weeks to the approval process, require additional staff time (preparation of reports, mailings, etc.), and lengthen public hearings. Staff notes that this proposed text amended is strictly for additions to and /or alternations of non- conforming structures, per Section 12 -15 -4, which specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure does not expand or increase the non- conforming aspect of the structure; 3. The new addition to and /or alternation of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alternations, complies with all aspects of the dimensional controls established for this zoning, with the exception of the existing legal non - conformity, and does not result in the need for any additional waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development code, including but not limited to parking, landscaping, signage, etc. Example Cases The Board recently approved four cases that would have benefited from this amendment. At the February 17, 2014 Zoning Board of Appeals hearing, the Board heard and unanimously approved two commercial expansions of non - conforming structures. The ZBA heard and approved ZBA #14 -02, a 7,500 sq. ft. expansion to Morton Grove Pharmaceuticals' 116,250 sq. ft. facility. The proposed 7,500 sq. ft. front addition itself met all M2 General Manufacturing setback and height requirements, and the proposed enlarged facility still met the district's FAR requirement. The proposal required Zoning Board of Appeals approval due to the existing structure encroaching into the M2 General Manufacturing District rear and side yard setback requirements of 10 ft. (47' existing) and 20 ft. (10 ft. existing) respectively. The proposed new addition was 31 ft. from the side property line and 183 ft. from the rear property line. The side and rear property lines border the Forest Preserve. Staff initially met with representatives of Morton Grove Pharmaceutical in December of 2013 to review the proposal. Due to the existing structure's non - conformance, the project could not be approved until the Zoning Board of Appeals approved the project on February 17, 2014. The Board also heard and approved ZBA #14 -01 where Sko -Die proposed a 4,000 sq. ft. addition to its 60,000 sq. ft, non - conforming facility. As with Morton Grove Pharmaceutical, the proposed addition met all M2 General Manufacturing setback and height requirements, and the proposed enlarged facility still met the district's FAR requirement. The existing structure however, encroached into the required 10 ft. (2 ft. existing) side and 20 ft. (5 ft. existing) rear yard setbacks. Staff initially met with representatives of Sko -Die in December of 2013 to review the proposal and explained that it would require a variance that, due to notification requirements, could not be heard before the Zoning Board of Appeals until the February 17, 2014 hearing. At the May 19, 2014 ZBA hearing, the ZBA approved two residential projects that would be covered under the proposed text amendment. ZBA #14 -09 proposed a partial second floor 2 addition to an existing 1 story residence. The existing residence encroached 12 ft. within the required R2 Single Family Residence rear yard setback of 30 ft. The proposed second floor addition did not cover the entire first floor and was setback 41 ft. from the rear property line. The proposed addition met all other dimensional controls and the entire structure was below the district FAR limit of 0.6. The Zoning Board of Appeals approved the project. The applicant filed the original permit with the Building Department on March 27, 2014. ZBA #14 -10 proposed an 85 sq. ft. front addition. The project had to be approved by the ZBA due to the existing structure's encroachment into the R2 Single Family Residence required 6 ft. (4'10" and 57' existing) side and 30 ft. rear yard (287" existing) setbacks, along with the rear yard lot coverage exceeding the 50% threshold (75% existing). The proposed addition itself met all dimensional controls and did not increase the existing structures degree of non- conformity. Indeed, the addition as proposed was 27 ft. and 35 ft. from the side property lines and 70 ft. from the rear property lines and was not in the required rear yard. The Zoning Board of Appeals approved the project. Neighboring Municipalities The proposed amendment to allow for alterations of or additions to non - conforming structures that would not increase or otherwise expand the non - conforming nature of the structure, such addition or alteration in and of itself would met all other district dimensional controls within the zoning district, AND the combined structure also would meet all dimensional controls, with the exception of the existing non - conformity, mirrors zoning ordinances currently on the books in many surrounding municipalities. The zoning codes of Evanston, Des Plaines, and Park Ridge all explicitly state that a non - conforming structure that does not add to the non - conformance and meets all other provisions of the individual zoning ordinance shall be allowed by right. Benefits The amendment preserves the intent of the zoning code to allow for the orderly development and redevelopment of the Village while streamlining the development approval process. By requiring that all other dimensional controls, including but not limited to setback dimensions, FAR, lot coverage, etc., as well as pertinent aspects of the parking ordinance, are met AND as long as the non - conforming nature of the structure is not expanded or altered, maintains the intent and integrity of the and allows for a streamlined process. Further, allowing for this type of administrative process encourages those who might be seeking to alter or construct an addition onto an existing non - conforming structure to comply with all other aspects of the dimensional controls as well as all other requirements of the Unified Development Code in order to qualify for an Administrative review process versus a public hearing process. Compliance with all the other dimensional controls, particularly FAR and lot coverage, are critical aspects to the ensuring that any potential impacts associated with the addition and /or alternation are minimized and /or negated all together. Recommendation If the Plan Commission decides to support this text amendment, Staff suggests the following motion: Plan Commission recommends approval of Case #PC14 -10, for Text Amendments to Section 12- 15 -4 -A of the Moron Grove Unified Development Code (Ordinance 07 -07) to allow administrative review of proposed alterations of and /or additions to non - conforming structures provided the proposed project complies with the following: specifically comply with the following requirements: 1. The existing lot area and lot width comply with the requirements established in Unified Development Code for the specific zoning district in which the property is located; 2. The addition to or alternation of the structure does not expand or increase the non- conforming aspect of the structure; 3. The new addition to and /or alternation of the structure, in and of itself, complies with all the required dimensional controls; 4. The overall structure, with the addition and /or alternations, complies with all aspects of the dimensional controls established for this zoning, with the exception of the existing legal non - conformity, and does not result in the need for any additional waivers to the dimensional controls or any other relevant requirement or standard within the Unified Development code, including but not limited to parking, landscaping, signage, etc. S. The land use must be conforming to the Zoning District in which it is located. Attachments: - Application - Proposed Amendments to Section 12- 15 -4 -A of the Morton Grove Unified Development Code (Ordinance #07 -07) 4