HomeMy WebLinkAbout2014-10-13 AgendaUpdated Agenda
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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 the Agenda does not include an Executive Session, the meeting will begin at 7: 00 pm.)
Call to Order
2. Pledge of Allegiance
3. Executive Session (if requested)
4. Reconvene Meeting
5. Pledge of Allegiance
6. Roll Call
7. Approval of Minutes — September 22, 2014
8. Special Reports
a. Presentation Regarding the Upcoming 8t" Annual Navy Day Thanksgiving Dinner to be made by
Joe Gesicki from American Legion Post 4134
b. Swearing in Ceremony for New Firefighter/Paramedic Kurt J. Lipa to be Presented by Fire and
Police Commission Chairperson Michael Simkins
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report — Administration, Northwest Municipal Conference, Council ofMayors, Strategic
Plan, Comprehensive Plan
a. Mayoral Update /Review
b. Branding Research Report by North Star Destination Services
12. Clerk's Report — Community Relations Commission
a. Approval of Executive Session Minutes (09/23/13, 10/07/13, 10/28/13, 11/25/13[pre and post],
01/13/14, 02/24/145 04/07/14, 04/14/14, 04/28/14, 05/14/14, 06/23/14)
b. Release of Executive Session Minutes — None
c. Destruction of Tapes of Executive Sessions as Authorized by the Illinois Open Meetings Act
(10/08/125 10/22/12, 11/12/127 11/26/12, 12/10/12, 03/11/13, 03/25/13)
13. Staff Reports
a. Village Administrator
1) Scheduling of Remaining Budget Workshops for the 2015 Budget Cycle
October 18, 2014 from 10:00 am to 12 noon
October 23, 2014 from 6:00 pm to 8:00 pm (if needed)
2) 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)
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) Ordinance 14 -23 (Introduced October 13, 2014) (First Reading)
Amending Title 10, Chapter 10 of the Village's Municipal Code Entitled "Sign
Regulations"
14. Reports by Trustees (continued)
d. Trustee Thill — Public Works Department, Solid Waste Agency of Northern Cook County,
Traffic Safety Commission, Waukegan Road TIT, Lehigh /Ferris TIF, Dempster Street Corridor
Plan (Trustee Pietron)
1) Resolution 14 -49 (Introduced October 13, 2014)
Authorizing a Highway Authority Agreement and a Tiered Approach to Corrective
Action Objectives Supplemental Agreement between BP Products North America, Inc.
(BP) and the Village Relating to the Property Located at 7153 Golf Road
2) Resolution 14 -50 (Introduced October 13, 2014)
Authorizing the Extension of an Agreement for Operation and Maintenance of the
Commuter Parking Facility in the Village
3) Resolution 14 -51 (Introduced October 13, 2014)
Authorizing the Execution of a Contract with A -Lamp Concrete Contractors, Inc. for the
2014 Street Patching Program
e. Trustee Toth — Finance Department, Capital Projects, Environmental Health, Natural Resource
Commission (Trustee Marcus)
f. Trustee Witko — Legal, Plan Commission /Zoning Board of Appeals, NIPSTA, Strategic Plan
Committee, Economic Development Commission, Social Service Committee (Trustee Great)
15. Other Business
16. Presentation of Warrants: $413,993.20
17. Residents' Comments
18. Executive Session — Personnel 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.
IV.
CALL TO ORDER
During the Regular Meeting of the Village Board of Trustees held on September 22, 2014,
Trustee Marcus moved to adjourn to Executive Session to discuss pending litigation,
personnel, and real estate matters, and review of executive session minutes. The motion
was seconded by Trustee Pietron and approved unanirrously pursuant to a roll call vote at
6:01 p.m.
Present were: Trustees Bill Grear, Shel Marcus, John Pietron, John Thill, Maria Toth, and
Janine Witko. Staff present included Village Administrator Ryan Horne and Corporation
Counsel Teresa Hoffman Liston.
EXECUTIVE SESSION
At the conclusion of the meeting, Trustee Toth moved to adjourn the executive session and
recommence the regular Board meeting in the Council Chambers. The motion was seconded
by Trustee Marcus and approved unanimously via a voice vote at 6:56 pm.
RECONVENE MEETING
Village President Dan DiMaria reconvened the meeting at 7:00
p.m.
and
led the assemblage
in the Pledge of Allegiance, after which Clerk Ed Ramos called
the
roll.
nagrm_nr.»vIi'mIEg
Regarding the Minutes of the September 8, 2014 Regular Board Meeting, Trustee Toth
moved, seconded by Trustee Witko, to accept the Minutes as presented. Upon the voice vote,
the motion passed unanimously.
V. SPECIAL REPORTS
1. Plan Commission Case PC14 -14 Proposes a Text Amendment to Section 12 -17 -1 of the
Unified Development Code to Modify the Definition of "Entertainment Uses ".
a. Plan Commission Chairman Ron Farkas presented this case, noting that it was the first of two
cases that are related.
b. The Applicant in these cases is Virtuoso Performing Arts LLC (VPA), who is requesting an
amendment to the "Entertainment Uses" definition to clarify the inclusion of the performing
arts center uses, with an instructional accessory use.
V.
SPECIAL REPORTS (continued)
Minutes of August 11, 2014 Boats Meetin
c. Mr. Farkas said that VPA concurrently submitted a Special Use application to operate a
Performance Arts Studio at 8120 Lehigh Avenue. VPA wants to relocate their performing arts
studio from 8700 Waukegan Road. Staff said that this type of use could fall under the existing
definition of an Entertainment Use, but felt that the training /education component should be
added to the definition to distinguish performing arts centers (which focus on performance
and preparation thereof) versus schools. The new definition being proposed is:
"Entertainment Use: A for - profit establishment or use that provides
live performances, shows, or productions, which may include
ancillary educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition."
2.
Mr. Farkas said this revised definition allows both Fear City and VPA to operate without the
definition itself being verbose. References to gambling and intertrack wagering are in the
current definition. Mr. Farkas explained that those references have been dropped as they
are no longer within the parameters of the language used in the new definition. Also, in the
Village's Unified Development Code, if a use is not specifically provided for or included,
then it's not a permitted use. References to alcohol consumption, also listed in the current
definition, were dropped because alcohol licenses are under the purview of the Liquor
Commission, and therefore didn't belong in the definition anyway.
Mr. Farkas said that no one at the hearing spoke to this matter. The Plan Commission
approved it unanimously, 5 -0, with two Commissioners absent.
Chairman Farkas said this was the case related to the above Text Amendment request.
Virtuoso Performing Arts LLC (VPA) is seeking a Special Use Permit to operate a performing
arts studio at 8120 Lehigh Avenue in the M2 General Manufacturing District.
b. VPA provides four distinct shows per year, with each show having multiple performances.
VPA offers dance, acting, voice, and music instruction to children and teens from pre - school
age through 12'h grade. The center employs eleven faculty members and two office staff and
serves 200 -250 participants each season. They have two larger shows each year, which are
held at Niles West.
c. Mr. Farkas said that the hours would be 3:30 to 9:30 p.m. Monday through Friday, and from
9:00 a.m. to 4:00 p.m. on Saturdays. Instructional hours begin at 4:00 p.m. Parking at the
facility includes 35 designated parking spaces adjacent to the facility, with 22 more
"undesignated" spaces, so parking is more than adequate.
This facility is 8,600 square feet of industrial area. Mr. Farkas said that this facility lives up to
the "vision" in the draft Morton Grove Industrial Areas Plan, a study undertaken by the Chica-
go Metropolitan Area for Planning.
e. Mr. Farkas said that no one from the public addressed this matter at the Plan Commission
hearing, and the Commissioners found that the seven standards for Special Use were met.
They voted 5 -0 to recommend approval of this request, with two Commissioners absent.
VI.
NONE
Minutes of August 11, 2014 Board Meeting
VII. RESIDENTS' COMMENTS (Agenda Items Only)
Eric Poders spoke regarding Resolution 14 -47 (Authorizing the Purchase of 5,500 Tons of
Roadway Salt). He asked how the procurement process with Central Management Services
(CMS) worked and wondered why the Village purchased salt from the State of Illinois. He said
he had done some research and had found two other companies (North American Salt and
Central Salt) from which the Village could buy its salt. He felt the Village was paying a lot for
its salt, noting that Arlington Heights was paying a lot less ($74.52 per ton) than Morton Grove
is ($109 per ton). Mr. Poders wondered why Morton Grove would pay the State for salt when
the State isn't paying its bills.
a. Director of Public Works Andy DeMonte responded, saying that the Village purchases its salt
from Morton Salt. He said the State gathers 500 municipalities and goes to bid on the salt.
Central Salt, Morton Salt, all the known salt companies bid on it.
b. Mr. DeMonte said he couldn't speak to why the cost per ton of salt varies so much from
municipality to municipality (from $74 per ton to $140 per ton). He said he had asked the
State and they said they had nothing to do with the pricing. The salt companies themselves
set the price. Mr. DeMonte said he called Morton Salt and is still waiting for a return call. But,
he added, if we want salt this year, we're committed to this purchase.
2. Debra Stambres, Executive Director of the Morton Gove Public Library, updated the Board
and assemblage on the renovations going on at the Library. A facility needs assessment
was done which concluded that some of the roof's trusses were failing and needed to be
reinforced. There was also a finding of asbestos which needs to be abated. The Library is
trying to have all the work done simultaneously. Ms. Stambres thanked the Board for their
support and for providing storage space for some of the Library's collections. She said that
currently, the public Internet computers are still available and the children's section is still
available. The Baxter Room is closed, and a number of programs have been cancelled. As of
October 1, the main floor will be closed. The Library hopes to be fully reopened by mid -
November, with the final roofing work completed in December. \.
Trustee Thill asked Ms. Stambres if the Library has the funds to complete the needed repairs.
She responded that the Library is drawing down some of its reserve funding and they also
qualify for some grant monies.
VIII.
Mayor DiMaria presented Resolution 14-46, Authorizing a Notice of Proposed Rulemaking
Proceedings "Hazardous Materials: Enhanced Tank Car Standards and Operational
Controls for High- Hazard Flammable Trains," which is currently before the Pipelines
and Hazardous Materials Safety Administration in Docket No. PHMSA- 2012 -0082
(HM -251).
He explained that this resolution formalizes the Village's support for stricter regulations for
enhanced tank car standards and operational controls for "high hazard flammable trains" that
operate on railways traveling through the Village of Morton Grove.
Mayor DiMaria said that safe rail operations are of critical importance to the safety of
communities, and cited several cases where freight trains carrying hazardous materials had
derailed, causing evacuations and deaths.
Trustee Pietron moved to approve Resolution 14 -46, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus awe Tr. Pietron aae
Tr. Thill aae Tr. Toth aye Tr. Witko aye
Mavoral Update
Mayor DiMaria noted the passing of Fred "Ike' Huscher, one of the original settlers of Morton
Grove, and a former Fire Chief, who has passed away at the age of 92. Chief Huscher served
in the Navy during World War II and was active in the Village's volunteer fire department. In
1949, he became the first paid member of the Morton Grove Fire Department. He became
Chief in 1975 and retired in 1980. Among other things, Chief Huscher served on the Police and
Fire Commission and on the Morton Grove Centennial Commission as the chairman of the
book commemorating the history of the Village. He also coordinated the relocation of the
Haupt -Mehl house.
Mayor DiMaria asked for a moment of silence to honor his passing.
Trustee Marcus commented that he had worked with Chief Huscher on the Centennial book.
He said the chief had a fantastic wealth of knowledge about Morton Grove's history. He was
always proud of Morton Grove and will be missed.
Trustee Grear congratulated Mayor DiMaria on his wedding anniversary, which is today
Community Development Updates
a. Mayor DiMaria said that Wright -Way Rescue's grand opening would be this Saturday,
September 27`h. He complimented the Building Department for moving this venture along,
and congratulated Wright -Way on doing a wonderful job of fixing up their new residence. He
encouraged residents to stop by Wright -Way Rescue!
b. Mayor DiMaria announced that an online local business directory will be launched this week.
It will be searchable by business name and /or business type. He urged all residents to "shop
locally!"
f�
Minutes of August 119 2014 Boats Meetin''
(continued)
c. Mayor
DiMaria noted that
the Village and Chamber of Commerce have partnered to come up
with a
Banner Program, which was announced a few
meetings ago. The banners will be put up
on the
light poles starting
on east Dempster Street in
the next week or so.
d. Mayor DiMaria said that development in Morton Grove is increasing; the number of permits
issued this year for both residential and commercial is higher than last year at this same time.
He said the economy is finally turning around and businesses are investing in Morton Grove.
e. Mayor DiMaria thanked the Library for hosting a "How To" fest, which featured vendors from
Fear City, Culvers, Pequods, and the MG Fire Department were all featured.
f. Mayor DiMaria also thanked Reps. John D'Amico and Laura Fine for doing an interview show
which will be scheduled on Channel 6. Rep. D'Amico is, in part, responsible for the Park
District receiving $75,000 to renovate the playground at Jacob Park. Mayor DiMaria said more
interview shows will be done thoughout the year to help keep residents informed.
g. Mayor DiMaria stated that ComEd is scheduling a transformer move this coming Saturday.
State police will be escorting the transformer.
h. Mayor DiMaria announced the Village will hold a Community Outreach forum to listen and re-
spond to residents' concerns. It will be held on November 5 at 6:00 p.m. at the Oriole Pool
Aquatic Center.
Mayor DiMaria remarked that a revamped Village website launched this past June. It is more
graphically appealing, better organized, and is more user - friendly. Development of two addi-
tional Village websites, one for the Police Department and one for the Economic Development
Department, is In process.
j. Mayor DiMaria noted that the Marketing & Branding Initiative is at a midpoint. After extensive
research, NorthStar will present the strategy platform in early October. The strategic platform
provides the basis for the brand and identity marketing.
k. Mayor DiMaria wished his wife Melodee a happy 24`" anniversary!
IX. CLERK'S REPORT
Clerk Ramos reported that St. Martha's would be holding an Oktoberfest this Saturday from
5:00 p.m. to 10:00 p.m. Admission is free, but there is a charge for food and beverages. The
Park District is simultaneously holding a Oktoberfest weekend on Friday, September 26 and
Saturday, September 27. Entertainment will be provided and there's no cost for admission.
X. STAFF REPORTS
A. Village Administrator:
Village Administrator Ryan Horne announced that the first two Budget Workshops would be
held on October 8 and October 9. Other budget workshops will be scheduled for mid- and late
October.
a
Corporation Counsel:
STAFF REPORTS (continued)
Corporation Counsel Liston had no report.
XI.
A. Trustee Grear:
Trustee Grear had no report.
B. Trustee Marcus:
TRUSTEES'REPORTS
Minutes of August 11, 2014 8'aaM Meetin `
Trustee Marcus had no formal report, but wished all the Jewish residents of Morton Grove a
happy Rosh Hoshana.
C. Trustee Pietron:
Trustee Pietron had no report.
D. Trustee Thill:
Trustee Thill presented Ordinance 14-19, Amending Title 5, Chapter 13, Article A -2 and
Title 5, Chapter 13, Article A -4, Entitled "Traffic Schedules" of the Municipal Code of the
Village of Morton Grove.
This is the second reading of this Ordinance.
Trustee Thill explained that the Traffic Safety Commission received and reviewed a request for
a four -way stop sign on Greenwood Avenue at its intersection with Ottawa. The Commission
voted in favor of the request.
Trustee Thill moved to adopt Ordinance 14 -19, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus awe Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
2. Next, Trustee Thill presented Resolution 14 -47, Authorization for the Purchase of 51500
Tons of Roadway Salt.
Xi.
Minutes of August 119 2014 Board Meetin"
(continued)
Trustee Thill: (continued)
Trustee Thill explained that the estimated value of this contract is $604,670. Since this is a unit
price contract, the final contract amount will be based on the actual quantity of salt purchased
at a price of $109.94 per ton). The Village must purchase a minimum of 80% of its order, which
can go as high as 120 %.
Trustee Thill moved to approve Resolution 14-47, seconded by Trustee Toth.
Trustee Marcus commented that, cost -wise,
over the years, it's been
to the Village's
advantage
to work with CMS. We should follow through
with our commitment.
Mayor DiMaria asked Gerk Ramos to call the vote.
Motion passed: 6 ayes, 0 nays.
Tr. Grear Eye Tr. Marcus 2Ye Tr. Pietron acre
Tr. Thill acre Tr. Toth acre Tr. Witko aye
3. Next, Trustee Thill presented Resolution 14 -48, Authorizing the Sale of Surplus Property
Owned by the Village of Morton Grove on Tuesday, October 14, 2014, Through the
Northwest Municipal Conference /Manheim Auction Services.
He explained that Public Works annually reviews vehicle and equipment conditions for all Vil-
lage departments. After review, some of the equipment is determined to be no longer useful for
a variety of reasons; including cost of maintenance, outdated, no longer used, or scheduled for
replacement. The Village is allowed by Ordinance 05-27 to sell surplus motor vehicles pursuant
to a resolution approved by simple majority of the Board of Trustees.
Trustee Thill moved to approve Resolution 14 -48, seconded by Trustee Pietron.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus afire Tr. Pietron acre
Tr. Thill acre Tr. Toth acre Tr. Witko aye
Trustee Toth:
Trustee Toth had no report.
Minutes of August 11, 2014 Board Meeting
XI. TRUSTEES' REPORTS (continued)
F. Trustee Witko:
Trustee Witko presented Ordinance 14 -18, Amending the Village of Morton Grove Unified
Development Code, Section 12 -3 -5, To Modify Regulations Regarding Fences Within
Front Yard Setbacks.
This is the second reading of this Ordinance.
Trustee Witko explained that the Village's code currently prohibits fences in front yards and
any side or rear yard that abuts a street. This ordinance will approve a text amendment to
allow for a by -right review process for limited fencing within portions of street side yards, on
eligible corner or multi- frontage lots, while preserving the intent of the original ordinance —to
promote open yards and enhanced streetscapes along streets, and to ensure pedestrian and
vehicular safety along sidewalks, streets, alleys, driveways, and other access ways by
minimizing visual obstructions.
b. Such by -right fences would be limited to 42 inches in height, have a minimum of 50% opacity;
provide 10 -foot by 10 -foot sight line triangles at any point where two pedestrian or vehicular
access ways intersect, and only enclose that portion of the street side and adjacent rear yard
that is in line with and behind the rear portion of the principal structure, closest to the street
side yard property line.
Trustee Witko moved to adopt Ordinance 14 -18, seconded by Trustee Pietron.
c Trustee Toth asked Economic Development Director Nancy Razdevich what type of fencing
materials would provide 50% opacity. She responded that these guidelines are specifically
geared to by -right corner side yard fences. Ms. Razdevich said there are many varieties of
fencing materials, including picket fencing made of wood or vinyl, or aluminum or wrought iron
fencing. Some fencing materials are more cost - effective and easier to maintain than others.
The intent is to maintain the streetscape and the openness.
d. Trustee Marcus asked if the State has restrictions for fencing of residences along major
arteries. Ms. Razdevich said the Ordinance was developed with the assistance of the Village
Engineer. The height regulation of 42" is a traffic engineering standards, and the sight line re-
quirements are established for visual safety. A higher fence would require more of a set -back.
Mayor DiMaria said it would be good to get a link to this verbiage on the Village's website. He
felt it was a topic that could come up a lot for residents. Ms. Razdevich said that she could set
up a page strictly on fencing requirements that would also include graphics of examples.
Upon the vote,
the motion
passed: 6 ayes,
0 nays.
Tr. Grear
aae
Tr. Marcus
Ue Tr. Pietron afe
Tr. Thill
acre
Tr. Toth
aye Tr. Witko aye
f. Mayor DiMaria said before Trustee Witko moved on to Ordinances 14 -20 and 14 -21, he want-
ed to call attention to the fact that, included in each Board Member's packet, was a letter from
the attorney representing Virtuoso Performing Arts, LLC, asking that the second reading of
both ordinances be waived. He said the attorney was present this evening, and asked if any of
the Board wanted to discuss his reasons for the request further. No one did.
XI.
Trustee Witko: (continued)
Minutes of August 119 2014 Board Meetin
TRUSTEES' REPORTS (continued)
2. Trustee Witko next presented for a first reading Ordinance 14 -20, Approving a Special Use
Permit for an Entertainment Use to Allow for the Operation of a Performance Arts Studio
With Ancillary Instructional Courses at 8120 Lehigh Avenue, Morton Grove, Illinois.
She explained that this is pursuant to Plan Commission Case 14 -15, reported out earlier this
evening.
Trustee Witko moved to waive the second reading of Ordinance 14 -20, seconded by Trustee
Pietron.
Trustee Toth said that she usually objects to waiving the second reading, noting that often
times, residents will watch a Board meeting on Channel 6, find out about something, and want
to come to the next Board meeting to address it. Waiving the second reading does not give the
public that opportunity. She said she understands that residents did have the chance to speak
to this project at three public meetings, and understands that VPA has pressing timeline
issues. She said she would support the waiver of the second reading in this case.
Trustee Marcus said that he shares
Trustee Toth's
objections and that he, too, often objects to
waiving the second
reading of an ordinance.
In this
case, since he's a fan of the performing
arts, and since this
won't affect any
residents, he too will support the waiver.
Mayor DiMaria called for the vote on waiving the second reading of Ordinance 14 -20.
Motion passed: 6 ayes, 0 nays.
Tr. Grear a ee Tr. Marcus aye Tr. Pietron awe
Tr. Thill aye Tr. Toth aae Tr. Witko aye
Trustee Witko then moved to adopt Ordinance 14 -20, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear acme Tr. Marcus aae Tr. Pietron aye
Tr. Thill acre Tr. Toth aye Tr. Witko aye
3. Next, Trustee Witko presented for a first reading Ordinance 14 -21, Amending
Ordinance 11 -27 That Granted a SpecialUse Permit to Allow an Entertainment Use
for a Haunted House at the Property Located at 8820 N. Austin Avenue, Morton Grove,
Illinois.
She explained that Ordinance will approve a rrinor amendment to the Special Use permit to
allow private parking attendants in lieu of off -duty police officers to direct traffic to /from Austin
Avenue and the subject property. All of the required staff and commissioners have reviewed
the requested amendment, in consultation with the Morton Grove Police and Public Works De-
partments, and it was determined that this requested amendment is in substantial compliance
with and does not change the intent of the original special use permit.
Trustee Witko moved to waive the second
reading of Ordinance
14 -21, per the
request of Fear
City, Trustee Toth seconded the motion.
XI.
F. Trustee Witko: (continued)
Minutes of August 11, 2014 Board Meeting]
TRUSTEES' REPORTS (continued)
b. Trustee Marcus wondered if the residents in the area needed to be notified of this change.
Ms. Razdevich said there was no requirement of notification in a case such as this, which is
approving a minor amendment.
Mayor DiMaria called for the vote.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Trustee Witko then moved to adopt Ordinance 14 -21, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron acre
Tr. Thill aye Tr. Toth acre Tr. Witko aye
4. Lastly, Trustee Witko presented for a first reading Ordinance 14 -22, Amending the Village of
Morton Grove Unified Development Code, Section 12 -17 -1, to Modify the Definition of
"Entertainment Uses."
XII.
She explained that this is pursuant to Plan Commission Case 14 -14, reported out earlier this
evening.
Trustee Witko moved to
waive the
second reading of Ordinance
14 -22, seconded by
Trustee Toth.
Motion passed: 6 ayes,
0 nays.
Tr. Grear aye
Tr.
Marcus aye
Tr. Pietron aye
Tr. Thill ayre
Tr.
Toth aye
Tr. Witko gyre
Trustee Witko then moved to adopt Ordinance 14 -22, seconded by Trustee Pietron.
Motion passed: 6 ayes, 0 nays.
Tr. Grear awe Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
NONE
10
Xlll.
Xlv.
Xv.
Trustee Toth presented tht
$717,533.73.
She moved to approve the
Motion passed: 6 ayes, 0
Tr. Grear aye
Tr. Thill aye
Minutes of August 11, 2014 Board Meeting,
Warrant Register for September 22, 2014, in the amount of
Warrants as presented, seconded by Trustee Thill.
nays.
Tr. Marcus acre Tr. Pietron aye
Tr. Toth aye Tr. Witko aye
RESIDENTS' COMMENTS
Larry Strybel, 6029 Capulina, noted that the address on Ordinance 14-21 was incorrect; it
should be listed as 8240 Austin Avenue.
Mayor DiMaria thanked him for catching the error.
ADJOURNMENT
Trustee Toth moved to adjourn the meeting, seconded by Trustee Marcus.
Motion passed: 6 ayes, 0 nays.
Tr. Grear afe Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
The meeting adjourned at 7:52 p.m.
11
PASSED this 13th day of October, 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 13th day of October, 2014.
Daniel
P. DiMaria,
Village
President
Board
of Trustees,
Morton
Grove, Illinois
APPROVED and FILED in my office this 14th day of October, 2014.
Edilberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes of August 11, 2014 Board Meeting.:
Minutes ty: Teresa Co sar
12
October 6, 2014
President & Board of Trustees
VILLAGE OF MORTON GROVE
6101 Capulina Ave.
Morton Grove, IL 60053
ire and Police Commission
Direct Telephone 847/470-5226 Pax 847/965-7711
In accordance with directives issued by you, competitive examinations were conducted in
accordance with 65ILCS 5/10- 2.1 -19 of the Illinois Compiled Statutes, 2011 (Revised).
The following person has qualified and is herewith appointed to a probationary status of
Firefighter /Paramedic in the Morton Grove Fire Department of the Village of Morton Grove,
Illinois, pursuant to the Rules and Regulations of the Fire and Police Commission, effective on the
date following his name.
Effective date of appointment is October 7, 2014, at the hour of 7:00 a.m., at which time he will
report to District Chief Scott Exo. Formal swearing in will be conducted at the Village Board
meeting on October 13, 2014, 7:00 p.m., at the Village Council Chambers.
Submitted by:
a
Michael Simkins, Chairman
Fire & Police Commission
C: K. Lipa
T. Friel, Fire Chief
R. Horne, Village Administrator
Richard T. Flickinger Municipal Center
6101 Capulina Avenue ® Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 - 4162.`
Legislative Summary
Ordinance 14 -23 -
AMENDING TITLE 10, CHAPTER 10, OF THE VILLAGE OF MORTON GROVE
MUNICIPAL CODE ENTITLED "SIGN REGULATIONS"
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
October 13, 2014
To update the Municipal Code regarding Sign Code regulations.
To clarify the definition of a "nonconforming sign ".
The Appearance Commission has made a request to recommend to the
Village Board that Section 10 -10 -9 of the Sign Code be amended to clarify
that an existing nonconforming sign will no longer be considered a
nonconforming sign if the text, logo, or colors of the face of the sign are
changed.
Community and Economic Development
Not Applicable
Not Applicable
The implementation of this Code Change will be handled through the
Community and Economic Development Department as part of their normal
daily workload
Approval as presented.
Required, Code Book Change (October 27, 2014)
None
Respectfully submitted: 41
�;�-�— ___
Ryan n J. )` Vil`Ia e diinistrator
Prepared by: _ .sip Reviewed by: _
Nancy Radzevy H, C6mm3nn y a l,co nnic Development Dir Teresa
E
Corporation Counsel
AMENDING TITLE 10, CHAPTER 10, OF THE VILLAGE OF MORTON GROVE
MUNICIPAL CODE ENTITLED "SIGN REGULATIONS"
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 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 a policy of regularly reviewing and revising its Municipal Code, as
necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant
to the current operations and requirements within the Village; and
WHEREAS, pursuant to Ordinance 10 -14, the Village adopted a new Sign Code to be more "user
friendly ", to streamline the process for the application and review of signs, to conform with current
business trends and current technology, and to incorporate specific criteria for the approval of signage
within the Village of Morton Grove; and
WHEREAS, at the request of the chairperson of the Village's Appearance Commission, Village
staff has recommended that Section 10 -10 -9 of Sign Code be amended to clarify that an existing
nonconforming sign will lose no longer be considered a nonconforming sign if text, logo or colors of the
face of the sign are changed.
WHEREAS, in order to keep the Municipal Code current and to protect and preserve the health,
safety, and welfare of persons within the Village of Morton Grove, it is reasonable, necessary, and
appropriate to update the Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE PRIsSIDENT 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: Title 10, Chapter 10 of the Municipal Code of the Village of Morton Grove entitled
Sign Regulations is hereby amended to now read as follows:
10 -10 -9: NONCONFORMING EXISTING SIGNS: A well maintained and safe sign which
was existing and in full compliance with all applicable ordinances and regulations
immediately prior to the effective date of this chapter or any subsequent amendments, but does not
comply with current provisions of this chapter is a nonconforming sign. Such sign shall be allowed
to remain in place so long as it is maintained in good condition, so long as the text, logo or colors of
the face of the sign is not changed, or the sign is not otherwise changed, altered, modified or
reconstructed, and is not considered an abandoned sign by this code; otherwise unless approved by
the appearance commission as part of its design review process, the sign shall immediately be
brought into full compliance with this chapter or shall be removed. Normal cleaning, refurbishing
and painting which does not change the original appearance of the sign shall not be considered an
alteration, modification or reconstruction. (Ord. 10 -14, 8 -9 -2010)
SECTION 3: This Ordinance is an exercise of the home rule authority of the Village of Morton
Grove and is intended to and, to the fullest extent allowed by the constitution of the State of Illinois, shall
be construed as to supersede any contrary or conflicting state, county, or local rule or regulation.
SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 5: In the event this ordinance or any part thereof is in conflict with any statute,
ordinance, or resolution or part there, the amendment in this ordinance shalt be controlling and shall
supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as to
code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village
Code as amended shall remain in full force and effect.
SECTION 6: In all other respects not inconsistent with this ordinance, all Village Codes are hereby
reaffirmed.
SECTION 7: This ordinance shall be in full force and effect from and after its adoption, approval
and publication as provided by law.
PASSED this 13`" day of October 2014
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Great
Marcus
Pietron
Thill
Toth
Witko
APPROVED by me this 13`x' day of October 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cools County, Illinois
APPROVED and FILED in my office
this 14`x' day of October 2014.
f..
Ede RamosY, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative SuMMary
Resolution 14-49
AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT
AND A TIERED APPROACH TO CORREC'T'IVE- ACTION OBJECTIVES SUPPLEMENTAL
AGREEMENT BETWEEN BP PRODUCTS NORTH AMERICA, INC. (BP)
AND THE VILLAGE OF MORTON GROVE
RELA'T'ING TO THE PROPERTY LOCATED AT 7153 GOLF ROAD
Introduced:
September 22, 2014
Synopsis:
The Highway Authority Agreement to be approved pursuant to this resolution will limit access to soil on
Harlem Avenue which might be contaminated as a result of underground storage tanks which are or were
r at 7153 Golf Road. The supplemental agreement requires BP Service Station No. 15515 to indemnify and
hold the Village harmless from losses directly or indirectly arising out of or in connection with the release
of contaminants from the site, or the existence of contaminants from the site and to reimburse the Village.
Purpose:
` This Highway Authority Agreement is a requirement of the IEPA in order for the property owners at 7153
Golf Road to receive a no further remediation letter and will protect human health, and the environment in
the event there are contaminants within the right- of-way.
Background:
BP Service Station No. 15515 owns a gas station located at 7153 Golf Road. At one time underground
storage tanks were present at the site and contaminants were released from the underground storage tanks.
BP Service Station No. 15515 has the responsibility of removing these contaminants to IEPA standards.
In order for HP Service Station No. 15515 to receive a no further remediation letter from the IEPA, the
agency requires BP Service Station No. 15515 and the Village to enter into a Highway Authority
Agreement with respect to that part of Harlem Avenue near the gas station. The Highway Authority
Agreement will prohibit potable and domestic uses of ground water within the right -of -way, limits access
to the Village and others to soil within the right -of -way, with respect to conditions where human health
and the environment are protected. The Agreement does not prohibit the Village from constructing,
reconstructing, improving, repairing, or maintaining the right-of-way. The Agreement shall remain
effective until the right -of -way is demonstrated to be suitable for unrestricted use and the IEPA issues a
no further remediation letter. This resolution will also approve the supplemental agreement between BP
Products North America, Inc. (BP) and the Village whereby BP Service Station No. 15515 will reimburse
the Village for reasonable costs incurred in performing site investigations and for costs incurred by the
Village to remove any contaminants, and will indemnify and hold the Village harmless for any loss
associated with the release of contaminants or the txMence of contaminants in the right -of -way.
Programs, Departs
Public Works Department, and Legal Department
or Groups Affected
Fiscal impact:
None
Source of Funds:
N/A
Worldoad Impact:
The Public Works Department shall administrate and monitor this contract as part of its normal workload.
Admin Recommend:
Approval as presented.
Second Reading:
Not required
Special Consider
None
or Requirements:
Respectfully submitted:°
Ryan .I Horw„e, V Age Admirlaistrator Pro Tern
Reviewed by: (
ae Andy DeMonte, Public Works Director
Prepared by:
Teresa Hoffman Li
Counsel
a;
AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT
AND A TIERED APPROACH TO CORRECTIVE- ACTION OBJECTIVES
SUPPLEMENTAL AGREEMENT BETWEEN
BP PRODUCTS NORTH AMERICA, INC. (BP)
AND THE VILLAGE OF MORTON GROVE
RELATING TO THE PROPERTY LOCATED AT 7153 GOLF ROAD
WIIEREAS, 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, BP Service Station No. 15515, also referred to in this agreement as
owner /operator are the owners or operator of that property commonly known as 7153 Golf Road,
Morton Grove, Cook County, Illinois (the site); and
and
WHEREAS, underground storage tanks presently are or formerly were located at the site;
WHEREAS, BP Service Station No. 15515 has completed an evaluation of the site and
has determined there is no risk to human health and the environment with the use of proper
institutional controls; however, soil and ground water concentrations at the property boundaries
may extend into the right -of -way of Harlem Avenue; and
WHEREAS, Harlem Avenue is a Village owned right -of -way under the Village's
jurisdiction; and
WHEREAS, as a result of one or more releases of contaminants from the referenced
underground storage tanks, soil and /or ground water contamination at the site exceeds the Tier
One Residential Rcmediation. Objectives of 35 Ill. Admin. Code Part 742; and
WHEREAS, the soil and /or ground water contamination exceeding Tier One Residential
Remediation Objectives extends or may extend into the Village owned public right -of -way; and
WHEREAS, the owner /operator is conducting corrective action in response to the above
referenced releases; and
WHEREAS, the parties desire to prevent ground water beneath the Village's right -of -way
which exceed Tier One Residential Remediation Objectives from use as a supply of potable or
domestic water and to limit access to soil within the right -of -way which exceeds Tier One
Residential Remediation Objectives; and
WHEREAS, the Illinois Environmental Protection Agency has required the
owner /operator to enter into the attached Highway Authority Agreement with the Village of
Morton Grove in order to receive a closure letter; and
WHEREAS, the Highway Authority Agreement will protect human health and the
environment: and
WHEREAS, the Supplemental Agreement will reimburse the Village for any costs which
it incurs regarding the investigation or removal of contaminants, and will indemnify and hold the
Village harmless from any loss associated with the release of contaminants from the site or the
existence of contaminants in the right -of -way; and
WHEREAS, the Corporate Authorities believe it is in the best interest of the health,
safety, and welfare of the community to enter into these agreements.
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 of the Village of Morton Grove hereby approve
the attached Highway Authority Agreement and Tiered Approach to Corrective Action
Objectives Supplemental Agreement between BP Products North America, Inc. (BP) and the
Village of Morton Grove relating to that property commonly known as 7153 Golf Road, Morton
Grove, Illinois, and regarding the Villages right -of -way commonly known as Harlem Avenue.
SECTION 3: The Director of Public Works and /or his designee is hereby authorized to
execute, and take all steps necessary to implement and enforce the agreements.
SECTION 4: This resolution shall be in full force and effect from and after its passage
and approval.
PASSED THIS 22nd day of September 2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED BY ME THIS 22nd day of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED AND FILED in my office
This 23`d day,,pf September.' 0 14.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Keith T. Wilcoxson
Operations Project Manager
August 15, 2014
Mr. Andy DeMonte
Director of Public Works
Village of Morton Grove Public Works Department
7840 Nagle Avenue
Morton Grove, Illinois 60053
150 West Warrenville Road
Mail Code 200 -1 N
Naperville, IL 60563
Phone: (630) 420 -5153
E -Mail: keith.wilcoxson @bp.com
Via UPS: S T v 0 R' . 9(k l 3 q(, 3 e: a, ,$oee.
Re: Village of Morton Grove Highway Authority Agreement
BP Service Station No. 15515
7153 West Golf Road
Morton Grove, IL
LUST Incident No. 20002272
Dear Mr. DeMonte:
BP Products North America Inc. (BP) is sending this correspondence to inform you of the
environmental status of the above referenced Leaking Underground Storage Tank (LUST)
Incident Number.
In November 2000, BP reported a release of petroleum hydrocarbons from the underground
storage tank system located at the above referenced service station to the Illinois Emergency
Management Agency, and that agency assigned LUST Incident Number 20002272 to the release.
As you may be aware, Parsons Corporation (Parsons), on behalf of BP, has been conducting
environmental tests on the right of way (ROW) adjacent to the service station property. BP
Products North America Inc. prepared and submitted a Corrective Action Plan (CAP) Report
under the guidelines of the Tiered Approach to Corrective Action Objectives to the Illinois
Environmental Protection Agency (IEPA).
The IEPA granted BP conditional CAP approval for LUST Incident Number 20002272, in
accordance with 35 Illinois Administrative Code Part 742. An institutional control, specifically a
Highway Authority Agreement (HAA) with the Village of Morton Grove, is required to be
placed on the right -of -way known as Harlem Avenue located adjacent to the above referenced
station (Site).
BP Service Station No. 15515
Highway Authority Agreement
Page 2 of 2
To provide you with a little more background, BP has entered into HAAS similar to this one with
the Village of Morton Grove for ROW'S within Village limits in the past.
For your review, I have enclosed duplicate execution originals of a Highway Authority
Agreement, also known as a Tiered Approach to Corrective Action Objectives Agreement. I will
call you in the near future to be sure that you received this package and to set up a convenient
time to meet with you to discuss the details of the site, if that would be helpful. If, however, you
approve of the documents, please have both originals signed by an official that has the authority
to sign for the Village of Morton Grove and return them to me in the enclosed self addressed
envelope.
We appreciate your cooperation on dais matter and respectfully request to have your response by
April 30, 2014. Should you require any additional information, please feel free to contact me at
(630) 420 -5153.
Sincerely,
Keith T. Wilcoxson, PG, CHMM, CSP
Operations Project Manager
Contract Professional
Attachments
Attachment A - IEPA Correspondence Letter dated February 28, 2014
Attachment B - Highway Authority Agreement
Exhibit A
- Figure 1 — Estimated Soil Impact Map
- Figure 2 — Estimated Groundwater BTEX/MTBE Impact Map
Exhibit B
- Table 1 — Soil BTEX/MTBE Analytical Data
- Table 2 — Groundwater BTEXIMTBE Analytical Data
Exhibit C
- Figure 3 — Highway Authority Agreement Location Map
cc:
Jason Price, Parsons
Attachment A
IEPA Correspondence dated December 2, 2010
BP Service Station No. 15515
7153 West Golf Road
Morton Grove, Illinois
ILLIN01s ENVIRONMENTAL PROTECTION AGENCY
1021 North Grand Avenue East, P.Q. Box 19276, Springfield, Illinois 627949276+ (21 7) 782 -2829
James R. Thompson Center, 100 West Randolph, Suite 11 -300, Chicago, IL 60601 a (312) 8146026
PAT QUINN, GOVERNOR
2171782 -6762
DEC 0 2'2010
13P Products North America, Inc.
Attention: Diane Diks
28100 Torch Parkway, 2S
Warrenville, IL 60555
DOUGLAS R SCOTT, DIRECTOR
CERTIFIED MAIL
7009 2820 0001 7494 7330
Re: LPC 90311955070 -- Cook County
Marton Grove / Amoco Oil Service Station #155I5
7153 West Golf Road
Leaking UST Incident No. 20002272
Leaking UST Technical File
Dear Ms. Diks:
The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action
Plan (plan) submitted for the above - referenced incident. This plan, dated September 6, 2010,
was received by the Illinois EPA on September 9, 2010. Citations in this letter are from the
Environmental Protection Act (Act), as amended by Public Act 92 -0554 on June 24, 2002, and
Public Act 96 -0908 on June 8, 2010, and Public Act 96 -0908 on June 8, 2010, and 35 Illinois
Administrative Code (35 III. Adm. Code),
The Illinois EPA requires modification of the plan; therefore, the plan is conditionally approved
with the Illinois EPA's modifications. The following modifications are necessary, in addition to
those provisions already outlined in the plan, to demonstrate compliance with Title XV I of the
Act (Sections 57,7(b)(2) and 57.7(c) of the Act and 35 Ill. Adm. Code 734.505(b) and
734.510(a)):
Pursuant to 35 111. Adm. Code 742, Appendix C, Table B, the proposed soil bulk density
value of 1.65 Kg/L is not an accepted value. Please use the accepted values listed in
Table B.
2. Pursuant to 35 III. Adm. Code 742, Appendix C, Table A, The Agency calculated a site-
specific mass -limit soil component of groundwater ingestion remediation objective (Class
1I) for benzene and ethylbenzene using equation S28. Benzene remediation objective is
2.0 mg/kg and ethylbenzene remediation objective is 80 mg/kg. These objectives were
calculated using the default value (1.5 g/cm ) for soil bulk density and a thickness of
source of 2.1 m. The groundwater ingestion exposure route is excluded with the Tier 2
calculations and Class 11 groundwater designation. Further evaluation is not necessary.
Rockland 0 4302 N. Main St., Rockford, IL 61103 a (61 51 937-77M Des Plaines a 9511 W. Han!aan St., Des Plaines, IL 60016 • (347) 294 <900
Elgin • 595 S. Slate, Elgin, IL 60123 a (847) 6083131 Peoria a 5415 N. Uri' e"ily SL, Peoria, IL 61614 a (309) 693 -5463
Bureau of Land — Peoria m 7620 N. Universh/ SL, Peoria, It 61614 *(30) 693 -5462 Champaign 0 2125 S. Pint St., Champaign, IL 61820 a (217) 276-5800
Page 2
3. Pursuant to 35 Ill. Adm. Code 742. 1015. a groundu ester ordinance or other groundwater
use restriction is not required to exclude the groundwater ingestion exposure route. SoiI
contamination resulting from the release does not exceed the calculated site - specific
remediation obiectives. A Highway Authority Agreement is still required to ]unit access
to soil in the roadway above Tier 1 remediation objectives.
4. Pursuant to 35 111. Adm. Code 742, Appendix C, Table A. the Agency calculated a site-
specific mass -limit construction worker inhalation remediation objective for total xylenes
using equation S5. Total xylenes remediation objective, is the soil saturation limit for the
contaminant. The exposure route is excluded with the Tier 2 calculation. Further
evaluation is not necessary.
Please note that all activities associated with the remediation of this release proposed in the plan
must be executed in accordance with all applicable regulatory and statutory requirements.
including compliance with the proper permits.
Pursuant to Sections 573(b)(5) and 57.12(c) and (d) of the Act and 35 111. Adm, Code 734.100
and 734.125.. the Illinois EPA requires that a Corrective Action Completion Report that achieves
compliance with applicable remediation objectives be submitted within 30 days after completion
of the plan to:
Illinois Environmental Protection Agency
Bureau of Land - #t24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794 -9276
Please submit all correspondence in duplicate and include the Re: block shown at the beginning
of this letter.
If within four years after the approval of this plan. compliance with the applicable remediation
objectives has not been achieved and a CorrecliN e Action Completion Report has not been
submitted, the Illinois EPA requires the submission of a status report pursuant to Section
57.7(b)(6) of the Act.
Please be advised that, pursuant to Public Act 96 -0908, effective June 8, 2010, all releases of
petroleum from USTs are subject to Title XVI of the Act, as amended by Public Act 92-
0554 on June 24, 2002, and Public Act 96 -0908 on June S. 2010, and 35 Ill. Adm. Code 734.
The regulations at 35 Ill. Adm. Code 732 no longer exist, and the only releases subject to 35
Ill. Adm. Code 731 are those from hazardous substance USTs.
Page 3
An underground storage tank system owner or operator may appeal this decision to the Illinois
Pollution Control Board. Appeal rights are attached.
If you have any questions or need further assistance. please contact Carol Hawbaker at 217n82-
5713.
Sincere!
60 *( "I
I
Harry A. Chappel, P.E.
Unit Manager
Leaking I Jnderground Storage'rank Section
Division of Remediation Management
Bureau of.Land
HAC: CLH
c: Parsons
BOL Pile
Appeal Rights
An underground storage tank owner or operator may appeal this final decision to the Illinois
Pollution Control Board pursuant to Sections 40 and 57,7(c)(4) of the Act by filing a petition for
a hearing within 35 days after the date of issuance of the final decision. However, the 35 -day
period may be extended for a period of time not to exceed 90 days by written notice from the
owner or operator and the Illinois EPA within the initial 35 -day appeal period. If the owner or
operator wishes to receive a 90 -day extension, a written request that includes a statement of the
date the final decision was received, along with a copy of this decision, must be sent to the
Illinois EPA as soon as possible.
For information regarding the request for an extension; please contact:
IIIinois Enviromnental Protection Agency
Division of Legal Counsel
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IIL 62794 -9276
217/782 -5544
For information regarding the filing of an appeal, please contact:
Illinois Pollution Control Board, Clerk
State of Illinois Center
100 West Randolph, Suite i 1 -500
Chicago, IL 60601
312/814 -3620
Attachment B
Highway Authority Agreement
BP Service Station No. 15515
7153 West Golf Road
Morton Grove, Illinois
Former BP Service Station No. 15515
IEMA Incident No. 20002272
SUPPLEMENTAL AGREEMENT
This Supplemental Agreement ( "Supplemental Agreement') is entered into this
day of 2014 by and between BP Products North America Inc. (BP "),
formerly known as Amoco Oil Company, as owner or operator of underground storage
tank(s) (`Owner /Operator "), and the Village of Morton Grove, Illinois (`Village "), as
follows:
1. This Supplemental Agreement is not binding upon the Village until it is executed by
the undersigned representative of the Village and prior to execution, this Supplemental
Agreement constitutes an offer by Owner /Operator.
2. Owner /Operator stipulates:
a. Owner /Operator is pursuing a corrective action of a Site and of the right -of -way
adjacent to the boundary of the Site located at 7153 West Golf Road, Morton Grove,
Illinois (the "Site ")
b. Attached as Exhibit A is a site map that shows the area of estimated
contaminant - impacted soil and groundwater at the time of this Supplemental Agreement
in the right -of -way above Tier I residential levels under 35 I11. Admin. Code Part 742.
Also attached as Exhibit A is a table that shows the concentration of contaminants of
concern, hereinafter "Contaminants," in the soil and groundwater within the area
described in Exhibit A and that shows the applicable Tier 1 soil remediation objectives
for residential property and Tier I objectives for groundwater of the Illinois Pollution
Control Board that are exceeded. The right -of -way, and only the right -of -way, as
described in Exhibit B, hereinafter the "Right -of- Way," adjacent to the Site is subject to
Former BP Service Station No. 15515
IEMA Incident No. 20002272
this Supplemental Agreement. As the drawings in the Exhibits are not plats, the
boundary of the Right -of -Way in the Exhibits may be an approximation of the actual
Right -of -Way lines.
c. The Illinois Emergency Management Agency has assigned incident number
20002272 to this release at the Site.
d. Owner /Operator intends to request risk- based, site specific soil and /or
groundwater remediation objectives from Illinois Environmental Protection Agency
( "IEPA ") under 35 Ill. Admin. Code Part 742.
e. Under these rules, use of risk - based, site- specific remechation objectives in the
Right -of -Way may require the use of a Highway Authority Agreement as defined in
35 Ill. Admin. Code Section 742.1020.
3. The Village stipulates:
The Village holds a fee simple interest or a dedication for highway purposes in the
Right -of -Way, or the Right -of -Way is a platted street, and the Village has jurisdiction of
the Right -of -Way. As such, the Village exercises sole control over the use of
groundwater beneath the Right -of -Way and over access to the soil beneath the Right -of-
Way because a permit is required for said access.
4. The parties stipulate that:
a. They have agreed to enter into a Highway Authority Agreement regarding the
Right -of -Way in the form attached as Exhibit C, and this Supplemental Agreement is
intended to supplement the parties' rights and obligations provided for in the Highway
Authority Agreement.
2
Fortner BP Service Station No. 15515
IEMA Incident No. 20002272
b. This Supplemental Agreement shall be null and void should the IEPA not
approve the Highway Authority Agreement or should the Highway Authority Agreement
not be referenced in the "No Further Remediation" letter for incident number 20002272.
5. Except for ordinary maintenance consistent with that performed by the Village on
other Village highways, the Village does not agree to perform maintenance of the Right-
of -Way, nor does it agree that the Right -of -Way will always remain a Village highway or
that it will maintain the Right -of -Way as an engineered barrier.
6. Provided that the Village notifies Owner /Operator within thirty (30) working days of
receiving a claim, and further provides Owner /Operator with an opportunity to defend
said claim, the Owner /Operator agrees to indemnify and hold harmless the Village, and
other highway authorities, if any, maintaining the highway Right -of -Way by an agreement
with the Village, and the Village's agents, contractors or employees for all obligations
asserted against or costs incurred by them, including attorney's fees and court costs,
associated with the release of Contaminants from the Site by the Owner /Operator.
7. This Supplemental Agreement shall be binding upon all successors in interest to the
Owner /Operator and to the Village. A successor in interest of the Village would include
a highway authority to which the Village would tratsferjurisdiction of the highway.
8. This Supplemental Agreement shall continue in effect from the date of this
Supplemental Agreement until the Right -of -Way is demonstrated to be suitable for
unrestricted use and there is no longer a need for a Highway Authority Agreement for
incident number 20002272, and the IEPA has, upon written request to the IEPA by the
Owner /Operator and notice to the Village, amended the notice in the chain of title of the
Site to reflect unencumbered future use of that highway Right -of -Way.
3
Former BP Service Station No. 15515
IEMA Incident No. 20002272
9. The Highway Authority Agreement and this Supplemental Agreement do not limit the
Village's ability to construct, reconstruct, improve, repair, maintain and operate
(collectively "Work ") a highway upon its property or to allow others to use the highway
Right -of -Way by permit. To the extent necessary for its Work, the Village reserves the
right and the right of those using its property under permit to remove contaminated soil
and /or groundwater above Tier 1 residential remediation objectives from its Right -of-
Way and to dispose of them as they deem appropriate not inconsistent with applicable
environmental regulations so as to avoid causing a further release of the Contaminants
and to protect human health and the environment.
Prior to taking any such action, the Village will first give Owner /Operator no less
than sixty (60) days' written notice prior to a letting for Work, unless there is an
immediate threat to the health or safety of any individual or to the public, that it intends to
perform Work in the Right -of -Way which may involve removing and disposing of
contaminated soil or groundwater to the extent necessary for its Work. During this
period, which may be extended by agreement of the parties, the Village and
Owner /Operator will engage in a good - faith, collaborative process to arrive at a
consensus approach to managing the impacted soil or groundwater in the Right -of -Way in
an attempt to reconcile Owner /Operator's preference for performing as much of this work
as possible with the Village's engineering and other constraints in doing so. Work
performed by Owner /Operator would be performed under a permit from the Village. The
final decision for management will be in the discretion of the Village.
Failure to give notice is not a violation of this Supplemental Agreement. The
removal and disposal shall be based upon the site investigation (which may be modified
4
Former BP Service Station No. 15515
IEMA Incident No. 20002272
by field conditions during excavation), which Owner /Operator may review or may
perform at no cost to the Village, if requested to do so by the Village. If practicable, as
determined by the Village, the Village may request Owner /Operator to remove and
dispose of the contaminated soil or groundwater necessary for the Village's work in
advance of that work.
The Owner /Operator shall reimburse the reasonable incremental costs incurred by
the Village to perform a site investigation of the Right -of -Way, to monitor the removal,
and to transport and dispose of any Contaminant- impacted .soil or groundwater from the
Right -of -Way; provided, however, that if Owner /Operator has not been given notice and
an opportunity to engage in the consensus process allowing it to perform that
investigation and that disposal within the process described in the preceding paragraphs
and there was no immediate threat to health or .safety, reimbursement shall be limited to
actual costs not to exceed $10,000.00. There is a rebuttable presumption that the
Contaminants found in the highway Right -of -Way arose from the release of
Contaminants from the Site. Should Owner /Operator not reimburse the reasonable costs
under the conditions set forth herein, the Highway Authority Agreement and this
Supplemental Agreement shall be null and void, at the Village's option, upon written
notice to Owner /Operator by the Village that those costs have not been reimbursed.
Owner /Operator may cure that problem within forty -five (45) working days by making
payment, or may seek to enjoin that result.
10. Written notice required by this Supplemental Agreement shall be mailed to the
following: if to Owner /Operator: BP Products North America Inc., Attn: Operations
Project Manager, 150 W. Warrenville Road, Mail Code IN, Naperville, Illinois, 60563,
5
Former BP Service Station No. 15515
IEMA Incident No. 20002272
and if to Village: Village Clerk, Village of Morton Grove, 6101 Capulina Avenue,
Morton Grove, Illinois, 60053.
11. Provided that the Village provides Owner /Operator with notice within thirty (30)
working days of receiving a claim, and further provides Owner /Operator with an
opportunity to defend said claim, Owner /Operator hereby releases the Village from
liability for breach of the Highway Authority Agreement by others under permit and
indemnities the Village against claims that may arise from others under permit causing a
breach of the Highway Authority Agreement. Owner /Operator also agrees that its
personnel, if any, at the Site who are aware of the Highway Authority Agreement will
notify anyone they know is excavating in the Right -of -Way about the Highway Authority
Agreement.
12. Should the Village breach the Highway Authority Agreement, Owner /Operator's sole
remedy is for an action for damages. Any and A claims for damages against the Village,
its agents, contractors, employees or its successors in interest arising at any time for a
breach of paragraphs 7 and 8 of the Highway Authority Agreement are limited to an
aggregate maximum of $20,000.00. No other breach by the Village, its agents,
contractors, employees and its successors in interest of a provision of the Highway
Authority Agreement or this Supplemental Agreement is actionable in either law or
equity by Owner /Operator against the Village, and Owner /Operator hereby releases the
Village, its agents, contractors, employees and its successors in interest for any cause of
action it may have against them, other than as allowed in this paragraph, arising under the
Highway Authority Agreement, this Supplemental Agreement, or environmental laws,
regulations or common law governing the contaminated soil or groundwater in the
6
Former BP Service Station No. 15515
IEMA Incident No. 20002272
highway Right -of -Way. Should the Village convey, vacate or transfer jurisdiction of that
highway Right -of -Way, Owner /Operator may pursue an action under the Highway
Authority Agreement or this Supplemental Agreement against the successors in interest,
other than a State agency, in a court of law.
13. The Highway Authority Agreement and this Supplemental Agreement are entered into
by the Village in recognition of laws passed by the General Assembly and regulations
adopted by the Pollution Control Board that encourage a tiered- approach to remediating
environmental contamination. The Highway Authority Agreement and this Supplemental
Agreement are entered into by the Village in the spirit of those laws and under its rights
and obligations as property owner. Should any provisions of the Highway Authority
Agreement or this Supplemental Agreement be struck down as beyond the authority of
the Village, this Supplemental Agreement shall be null and void.
IN WITNESS WHEREOF, the Village has caused this Supplemental Agreement
to be signed by its a duly authorized representative, and be binding upon it,
its successors and assigns.
Village of Morton Grove, Illinois
BY:
(Printed)
Its:
7
DA'L'E:
Former BP Service Station No. 15515
IEMA Incident No. 20002272
IN WITNESS WHEREOF, Owner /Operator, BP Products North America Inc.,
has caused this Agreement to be signed by its duly authorized representative, and be
binding upon it, its successors and assigns.
BY:
(Printed)
8
CHI 3828 -SM"i
DA
Exhibit A
I t
If
rsi
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t
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e,
GUR 1
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Table I
Soil HTGX Analytical Results
Former BP Service Station No, 15515
7153 West Golf Avenue
Morton Grove, IL
Snnlplc ltlmrtlllezliuu Number
Dn(c
Depth of
sallple
eer)
Deazoet
Toluene
Lr@y1ben'unc
fool Xylenes
SHi
lPldo()
0 -5
N.U061
A 0041
N,(IU61
<0.0SS
AS
110700
8
<o 01
d,Ot" 6
e(LUI&
�t1012
.Si3 -'_
1 113
!0 -12
NI11 4
<pllf
IN14
dAUln
S1, -5
fl /'i /UO
2,4
p24`'
0.(11
i4aV0
dlpltl
SL (:
I UG11
YS
11,1111!
15.01!
!; (eb
dVGII,
511
11 'hN
GS
A00"
.A006
x100!
cti a1N
SIf
' /!I /UI
0SI
d) Or,
I
c0 006
(I Of
S6A
"DIIUI
U
_O
" 1 706
.rY11
10 U1
SR U ]
111 /OL
Nr!
NA_
U. i
N' +10
1'HN1
d) , 411I
MW -9
55/01
6 -F
<0 0011,
0.10 1
10 It
IOfd,
d1w
va /01
II- IA
<A /
x1,001
41006
c(l0(d
MW -5
!RIAt
d.fi
09
=.i9'0
1100
< if Mri
So if
th /III
LO
<IIO Ke
f 0,011 "
N.0(YSr
"LLOIf�'
SIB 12
641101
'-b
01
b '011
I I
'114011
SS "tJ
b/ < /01
I , (
gllf0
O U t J
3
UNIX
A 1 UItl
6u-Ih
"/ 00 /19/G
119eId
-
A .063 [
°
ZI
9.13"
iF
M4
c00<il1
,..
0.I UO
_
1eZ190
5H -15
116 /IU /(I)
`O `
•ViU( "*
Illf GII,
(,)'I
UI 10
'fArl I
It 1 If
W
fit H -1(
I /1(M
l6
M) It i
1 W)OO
4l(I(N11
41"0
YS i
I (d/Ok
2J
00,
<UO6t 1
9 Den
41S
UON11
0 rrll
" 86
S11
011417f
4�l
9.6(
"J.OIl
iii "
IS S"
S13 411
01 11 1,
c!
<0 A 1
l`1h
0 1
:SOIL COit (DIN'rl OL ,iO1NDVVKIIiI(
INGF.Sf106
(I+nxf�
—l1
II
Id
150
Clae 11
OA
3Y
19.
60
INGMIReARIVILDLA 'PIO.N ORJGC11 Vl6
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12
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1.A06
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Conm¢m1nl
Io0
41oLOO
301,000
am -oou
INHA1- "I 10N RFlII fIIA'I10N
01fjI( i1,'
RIO, fitod
OA
($0
400
320
Comexrcial
]b 1
650
no
3M
CO NS'f2lC'I InNA RIIIt
REM II11A'rI OR Oltlhl'rlvls
tldIion
.3:100
410.000
211,oU0
dl,0oo
Inhilti on
31
G?
58
1 516
:dJ11 IS'I ClIff"11101 If CrIllZ IdIldl r1c1cJIjcI mn III NA - 3"'1 Idt'n c'6 "d
2 t, 1 1 ll I I SO I I CIA OAM 11 dol I,( d A If, 'RC:d�d JI xrvu¢tlW vold,d tlS JS,1 R,,11e1'1 1111 01R+*1rn
A c"Jdro nlc"wd'u, iodshlo x1, ]Id
4 con1 11 n RAlcl b rx..WW
5- RUIJwi101"It"Ll on RMainiiao Oblmi" cl' dr,t
6ibm11111, t InfiWUlian R111tliu10u 01,111,11, cwclrv!
' Cd1lcLI1tLIdl W1111111 I Oati tl ,Oryowrv.malWl
tlfi,wmanon W oMa ln1,elwioo Rmie'll 1,1101,Ia1111 11.-111 W
Runlu "U..c ...("At,
All GSCPA M11LOA 5UJSX't6!)
Table 2
Groundwater BTEX Analytical Results
Former BP Service Station No. 15515
71.53 West Golf Avenue
Morton Grove, IL
Sample Identification Number
Date
Benzene
Toluene
Ethylbenzene
Total
XVlenes
SB -6
11/7/00
0.0066'
<rW05
<0.005
<0.010
SB -7
11/7/00
<0.001
<0,005
<0.005
<0.010
MW -1
4/10/03
<0.001
<0.001
<0.001
<0.003
MW -2
4/10103
<0001
<0.001
<0 -001
<0.003
MW -3
4/10/03
<0.001
<0.001
<0.001
<0 -003
MW-4
4/10/03
<0.001
<0.001
<0.001
<0.003
MW -5
4/10/03
0.0024
<0.001
<0.001
<0.003
GROUNDWATER
REMEDIATION OBJECTIVES
CLASS I
0.005
1
0.7
10
CLASS 11
0.025
2.5
1
10
I = Class 1 Remediation Objectives exceeded
2= Class II Remediation Objectives exceeded
'< "- analyte (s) absent or present at concentrations below the method detection limits
NS = Not Sampled
Results in milligrams per liter (mg /1)
Analytical Method: EPA 8020
Bolded cell exceeds Groundwater Remedial Objectives
Exhibit B
HIGHWAY AGREEMENT LOCATION
MAP
PARSONS / /zo6
ill, ill li Will
.I
ple
ij ill
1
HIGHWAY AGREEMENT LOCATION
MAP
PARSONS / /zo6
ill, ill li Will
1
A
I
HIGHWAY AGREEMENT LOCATION
MAP
PARSONS / /zo6
ill, ill li Will
Exhibit C
Section 742.APPENDIX D Highway Authority Agreement
HIGHWAY AUTHORITY AGREEMENT
This Agreement is entered into this day of 2014 pursuant to 35
Ill. Adm. Code 742.1020 by and between the (1) BP Products North America Inc. the
owner /operator of the tank ( "Owner /Operator ") and (2) Village of Morton Grove, Illinois
( "Highway Authority "), collectively known as the "Parties."
WHEREAS, BP Products North America, Inc. is the owner or operator of one or more
leaking underground storage tanks presently or formerly located at 7153 West Golf Road,
Morton Grove, Illinois ( "the Site ");
WHEREAS, as a result of one or more releases of contaminants from the above
referenced underground storage tanks release ( "the Release(s)"), soil and /or groundwater
contamination at the Site exceeds the Tier I residential remediation objectives of 35 III. Adm.
Code 742;
WHEREAS, the soil and /or groundwater contamination exceeding Tier 1 residential
remediation objectives extends or may extend into the Highway Authority's right -of -way;
WHEREAS, the Owner /Operator or Property Owner is conducting corrective action in
response to the Release(s);
WHEREAS, the Parties desire to prevent groundwater beneath the Highway Authority's
right -of -way that exceeds 'Tier I remediation objectives from use as a supply of potable or
domestic water and to limit access to soil within the right -of -way that exceeds Tier I residential
remediation objectives so that human health and the environment are protected during and after
any access;
NOW, THEREFORE, the Parties agree as follows:
The recitals set forth above are incorporated by reference as if fully set forth
herein.
2. The Illinois Emergency Management Agency has assigned incident number
20002272 to the Release(s).
Attached as Exhibit A is a scaled map(s) prepared by the Owner /Operator that
shows the Site and surrounding area and delineates the current and estimated
future extent of soil and groundwater contamination above the applicable'fier I
residential remediation objectives as a result of the Release(s). Groundwater is
not contaminated above the applicable Tier I residential remediation objectives.
Attached as Exhibit B is a tablets) prepared by the Owner /Operator that lists each
contaminant of concern that exceeds its 'Fier I residential remediation objective,
its Tier I residential remediation objective and its concentrations within the zone
where Tier I residential remediation objectives are exceeded. The locations of
the concentrations listed in Exhibit B are identified on the map(s) in Exhibit A.
Attached as Exhibit C is a scaled map prepared by the Owner /Operator showing
the area of the Highway Authority's right -of -way that is governed by this
agreement ( "Right -of- Way "). Because Exhibit C is not a surveyed plat, the
Right- of-Way boundary may be an approximation of the actual Right -of -Way
lines.
The Highway Authority stipulates it has jurisdiction over the Right -of -Way that
gives it sole control over the use of the groundwater and access to the soil located
within or beneath the Right -of -Way.
The Highway Authority agrees to prohibit within the Right-of-Way all potable
and domestic uses of groundwater exceeding Tier 1 residential remediation
objectives.
8. The Highway Authority further agrees to limit access by itself and others to soil
within the Right -of -Way exceeding Tier 1 residential remediation objectives.
Access shall be allowed only if human health (including worker safety) and the
environment are protected during and after any access. The Highway Authority
may construct, reconstruct, improve, repair, maintain and operate a highway upon
the Right -of -Way, or allow others to do the same by permit. In addition, the
Highway Authority and others using or working in the Right- of-Way under
permit have the right to remove soil or groundwater from the Right -of -Way and
dispose of the same in accordance with applicable environmental laws and
regulations. The Highway Authority agrees to issue all permits for work in the
Right -of -Way, and make all existing permits for work in the Right-of-Way,
subject to the following or a substantially similar condition:
As a condition of this permit the permittee shall request the office issuing this
permit to identify sites in the Right -of -Way where a Highway Authority
Agreement governs access to soil that exceeds the Tier 1 residential remediation
objectives of 35 Ill. Adm. Code 742. The permittee shall take all measures
necessary to protect human health (including worker safety) and the environment
during and after any access to such soil.
This agreement shall be referenced in the Agency's no further remediation
determination issued for the Release(s).
10. The Agency shall be notified of any transfer of jurisdiction over the Right-of-Way
at least 30 days prior to the date the transfer takes effect. This agreement shall be
null and void upon the transfer unless the transferee agrees to be bound by this
agreement as if the transferee were an original party to this agreement. The
transferee's agreement to be bound by the terms of this agreement shall be
memorialized at the time of transfer in a writing ( "Rider ") that references this
Highway Authority Agreement and is signed by the Highway Authority, or
subsequent transferor, and the transferee.
1 1. This agreement shall become effective on the date the Agency issues a no further
remediation determination for the Release(s). It shall remain effective until the
Right -of -Way is demonstrated to be suitable for unrestricted use and the Agency
issues a new no further remediation determination to reflect there is no longer a
need for this agreement, or until the agreement is otherwise terminated or voided.
12. In addition to any other remedies that may be available, the Agency may bring
suit to enforce the terms of this agreement or may, in its sole discretion, declare
this agreement null and void if any of the Parties or any transferee violates any
term of this agreement. The Parties or transferee shall be notified in writing of
any such declaration.
13. This agreement shall be null and void if a court of competent.jurisdiction strikes
down any part or provision of the agreement.
14. This agreement supersedes any prior written or oral agreements or understandings
between the Parties on the subject matter addressed herein. It may be altered,
modified or amended only upon the written consent and agreement of the Parties.
15. Any notices or other correspondence regarding this agreement shall be sent to the
Parties at following addresses:
Manager, Division of Remediation Management
Bureau of Land
Illinois Environmental Protection Agency
P.O. Box 19276
Springfield, IL 62974 -9276
Village of Morton Grove
Superintendent of Streets and Alleys Divisions
Public Works Department
Attn: Andy DeMonte
7840 Nagle Avenue
Morton Grove, Illinois 60053
Property Owner or Owner /Operator
BP Products North America, Inc.
Attn: Keith T. Wileoxson
150 W. Warrenville Road
Mail Code 200 -1N
Naperville, It, 60563
IN WITNESS WHEREOF,
the Parties have caused this agreement
to be signed
by
their duly
authorized representatives.
Date:
Date:
Village of Morton Grove
Its:
Property Owner or Owner /Operator
Title
(Source: Added at 31 Ill. Reg. 4063, effective February 23, 2007)
EXHIBIT A
BF Service Station No. 15515
7153 West Golf Road
Morton Grove, Illinois
Figure 1 — Estimated Soil impact Map
Figure Z — Estimated Groundwater Impact Map
1
Q u..v.L
v
IF 1 21 1
1
Q u..v.L
IF 1 21 1
If
EXHIBIT B
13P Service Station No. 15515
7153 West Golf Road
Morton Grove, Illinois
'fable I —Soil BTEX /MTBE Analytical Data
Table 2 — Groundwater BTEX/MTBE Analytical Data
Table 1
Soil BTC%Analyticml 12 suits
Former BIN Service Station No. 15515
7153 West Golf Avenue
Morton Grove, 11
Sample Idenlilicnlion Ni
Oalc
cut I I
5hmple
Ineu
Oemene
Toluene
AIAylbi
Total Xy ame
IN 1
II(121U
66
m0661
<Qli(161
a16U(.1
.+I (?IN
96 -2
M /00
y -10
<n (Ip+o
1 005f
<0001f
)01 i
511-1
NIU
1012
<0003
<IIOOO9
JJ015
SIlS
nem0
4
n341 '
oOI .0
pq(l0u
aIA I,Y
So f,
IItAM
40
NOOb
(1 DON
<0OW
<R01
SR 1
I IRNO
6t
(I WIN
:00116
cO WI
cg01ti
IN
SLINi
03
G) (NIDI
ODIV
alU0p1
aO U:F
}li -9
?;NMI
_
I2 -16
<0Wil
.WAIN
'0XA
41pIM
Nf -0
SE I /01
NA
0.53''
<pfoo
000
1t(1 10
A9AS'i
i'ffUA
OI
<0 ON, 1)
1 OAO 1
<1 (1019
'OfAN
MNZ
MINI
Ib-18
c01O6
A,OON
.WUW
.U.OIN
nIIV
`pl /OI
a.n
a.iS
,_0316
/ 000
f)"Co
5B -Il
o /a /pl
(*4
<0 LA
00,
NAQV
. {t0I8
Sn I-
6 /41iI
:F
<O1'
D31 111
c9O(1
.f 1W
.Sfl
L /4Nt
B(IA
OPUn
O.SFOO
OVIN
So 14
04/19609
099_°
+0.06'1
3 %101'
p.13"
' F
0,141
(1 Of,
I115A11
8B 15
0:119117
4 -5
<0 IS
I)of, S
aLOd'.N
ZN
OJ IU0
c006
lillif
fl'In
$B if
(VI <d09
CJ f
NFIGW
N.Onlp
=(IJ?O
fir 1
09/06406
e,
<Of
606h 4
=0 0051
'315
NH [ti
(Cl
_
W C �0.U(01
5119
O /OC(IN
4
4,66 `
.W 13
iJ.J"
IJ tl'
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n Or
..mod
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ml
<Om6
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mrCSllon
= =:_
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Is0
JNtIL$fION ILL M1 CIAl' ION OBJICI VCS
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161000
4140011
7.N)U
100,1100
16,040
610,000
IOHALAI ION of�_YHUIll ION
olin( IYvpS
R,dtjn nl
0.N
6S0
400
EO
_
Comma i� vl
Id
650
4(q
.II0
CON"OuttIIDN WOIiKfli
Willi I ION ORJFC: OVEN
IIi roYYw
2,JU0
20,IIU11
41000
L�haln8nn
2?
_YIIhOIIU
42
CN
i.6
IOf ... II"I Gain .... e.0i III fflW 1114141 ii I'll 1 ¢ .- I. Impl orOd
2OmT119''C"INN I" ( +calill. ux i.JUl tlMln d5 I.nefiuJe lbla'nvu
3 ROmllrn >n Rrn m06P euWpJ
. -(An II 6 R" cl 1b N' IONJL LJ
5 -RnI @O dII I IM1.Joll II n l i,"C imiun Obj¢'n 21 wl� C 11
7 Cl191 Ill lWlr'11 nN mn.iwlm�06Av II.
eC"J" muter 4'100 �melSV mOh - ueuWUJ
BCon WI km ILm I<vl Jljm(.I.ea:WN
IISVmo. ) ptp111y
AoW;,,Jy zJ Utin4 UN0FnM ho43e]NPGSU
Table 2
Groundwater BTEX Analytical Results
Former BP Service Station No. 15515
7153 West Golf Avenue
Morton Grove, IL
1 = Class I Remediation Objectives exceeded
2= Class II Remediation Objectives exceeded
"< "- analyte(s) absent or present at concentrations below the method detection limits
NS = Not Sampled
Results in milligrams per liter (}ng /1)
Analytical Method: EPA 8020
Bolded cell exceeds Groundwater Remedial Objectives
Sample Identification Number
Date
Benzene
Toluene
'Ethylbenzene
local
X lenes
SB -6
11/7/00
0.00661
<0.005
<0.005
<0.010
SB -7
11/7/00
<0,001
<0.005
<0.005
<0.010
MW -1
4/10/03
<0.001
<0.00I
<0.001
<0.003
MW -2
4/10/03
<0.001
<0.001
<0-001
<0.003
MW -3
4110103
<0.001
<0.001
<0.001
<0.003
MW -4
4/10/03
<0.001
<0001
<0.001
<0.003
MW -5
4/10/03
0.0024
<0.001
<0.001
<0.003
GROUNDWATER
REMEDIATION OBJECTIVES
CLASS I
0.005
1
0.7
SO
CLASS II
1 0.025
2.5
1
10
1 = Class I Remediation Objectives exceeded
2= Class II Remediation Objectives exceeded
"< "- analyte(s) absent or present at concentrations below the method detection limits
NS = Not Sampled
Results in milligrams per liter (}ng /1)
Analytical Method: EPA 8020
Bolded cell exceeds Groundwater Remedial Objectives
EXHIBIT C
BF Service Station No. 15515
7153 West Golf Road
Morton Grove, Illinois
Figure 3 - Highway Authority Agreement Location Map
FIGGRE 3
urtu_ FO O
HIGh WAY AGREEMENT LOCAI(Ok
MAP
I
FIGGRE 3
urtu_ FO O
HIGh WAY AGREEMENT LOCAI(Ok
MAP
Legislative Summary
Resolution 14 -50
---- - - - - --
AUTHORIZATION TO EXTEND THE AGREEMENT FOR OPERATION AND MAINTENANCE OF
THE COMMUTER PARKING FACILITY IN THE VILLAGE OF MORTON GROVE
Introduced:
Objective:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
October 11, 2014
To authorize the extension of an existing agreement with the Commuter Rail
Division of the Regional Transportation Authority (METRA) and the Village
of Morton Grove.
The purpose is to extend an existing agreement with METRA that provides
for the operation and maintenance of the METRA owned. Commuter Parking
Facility by the Village of Morton Grove.
On May.), 1994, the Village of Morton Grove and METRA entered into a
twenty year agreement which provided for the operation and maintenance of
the existing commuter Parking Facility. That agreement is now expired. The
Village of Morton Grove believes it is in its best interest to continue this vital
public service by renewing the agreement.
All Village Departments
Approximately $140,000 per year
Special Revenue Fund, derived from parking fees
Moderate.
Approval as presented.
Not required.
None
Requirements: q �j
? /2
Respectfully submitted: _ ; � -'�
Rya J I eia Village Administrator
Prepared by: Reviewed by
ri y De Monte, Director of Public Works
r°
Teresa Hoffriian Li'sion, Corporation Counsel
1 � '1
AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH THE COMMUTER RAIL
DIVISION OF THE REGIONAL. TRANSPORTATION AUTHORITY ( METRA) FOR THE
OPERATION AND MAINTENANCE OF THE COMMUTER PARKING FACILITY
WHEREAS, the 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, for the past twenty years the Village of Morton Grove's Public Works Department has
successfully maintained and operated the Commuter Parking Facility, in agreement with the Commuter Rail
Division of the Regional Transportation Authority; and
WHEREAS, on May 2, 2014, the existing agreement between METRA and the Village of Morton
Grove expired which provided for the operation and maintenance of the METRA owned 363 space
Commuter Parking Facility; and
WHEREAS, the Village of Morton Grove and METRA both desire the continuation of this partnership
updating the past agreement; and
WHEREAS, the Village of Morton Grove believes it is in the best interest of it residents, the public, and
serves a vital public purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOT'I'ON 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 enter into a
contract with the Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois
Municipal Corporation ( METRA).
Section 3. This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 13`x' day of October 2014.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thill
Toth
Witko
APPROVED by me this 130' day of October 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 14m day of October 2014.
Ed Ramos, Village Clefk
Village of Morton Grove
Cook County, Illinois
AGREEMENT FOR OPERATION AND MAINTENANCE
OF COMMUTER PARKING FACILITY IN THE VILLAGE OF MORTON GROVE
THIS AGREEMENT is entered into as of this 20th day of October, 2014, by and
between the Commuter Rail Division of the Regional Transportation Authority, a division of an
Illinois municipal corporation ( "Metra ") and the Village of Morton Grove, an Illinois municipal
corporation ("Municipality"), Metra and Municipality are hereinafter sometimes individually
referred to as a "Party" and jointly referred to as the "Parties."
RECITALS
A. Metra owns the commuter parking facility serving the Morton Grove Station,
described as Metra Lot #1, Metra Lot #3 and Metra Lot 14, Located south of Lincoln Avenue,
north of Park Avenue, east of Lehigh Avenue and west of the Milwaukee North right -of -way in
the Village of Morton Grove, County of Cook ( "Commuter Parking Facility" or "CPF ") on
the property owned by Metra identified by permanent index numbers 10 -20 -500 -001, 10- 20 -500-
002, 10 -19- 205 -001 and 10 -19- 205 -002, as delineated on Exhibit A attached to and made a part
of this Agreement (`Premises ").
B. Metra desires to grant to Municipality the right to manage, operate, and maintain
the Parking Facility on the Premises.
C. r the Parties have determined that the management, operation, and maintenance of
the CPF on the Premises is in the best interest of the public and serves a valid public purpose.
NOW, THEREFORE, for and in consideration of the foregoing Recitals, which are
hereby incorporated into and made a part of this Agreement and the mutual covenants and
agreements set forth herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged and accepted by the Parties, Metra does hereby
grant to Municipality the right to manage, operate and maintain the CPF subject to and in
accordance with the following terms covenants and conditions:
1. FEE AND TERM. Municipality covenants and agrees to pay Metra the sum of
Ten Dollars ($10.00) as an annual use fee for the CPF. Municipality's obligations and right to
use the CPF under the terms and provisions of this Agreement shall commence on the day and
year first above written or upon written notice from Municipality, with written recognition and
acceptance by Metra, of the 'first day of operation, or another date mutually accepted by the
Parties, and shall continue in force and effect for a period of forty (40) years from said date
(`Use Term ") unless otherwise terminated as provided under the terms and conditions of this
Agreement. Either party may at any time terminate this Agreement by giving the other party
ninety (90) days prior written notice of its intention to so terminate.
Morton Grove 052814
2. PURPOSE OF USE.
(a) The Parties agree that the purpose of this Agreement is to ensure that the
Premises is protected, maintained and operated as a CPF with daily rates for public parking.
Municipality desires to control access to said Premises and operate and maintain the CPT
pursuant to the terms and conditions of this Agreement.
(b) Parking lot fees set and collected by Municipality shall be standardized for
all patrons of the CPF and Municipality shall under no circumstances discriminate against non-
residents of the Municipality in setting parking fees. The CPF shall be operated as a daily fee
parking lot with spaces available on a first come, first served basis. Municipality shall have the
right to issue monthly convenience passes, with Metra's written consent. Parking shall remain
on a first come, first served basis with no spaces designated or segregated for holders of the
convenience passes. Metra reserves the right, at any time, to review and approve the amount of
the parking fees charged by Municipality, which approval shall not be unreasonably withheld
provided, however, that the proposed fee is consistent with regional standards for Metra parking
lots. Metra shall upon request, provide the Village with a list of parking fees charged for regional
Metra parking lots.
(c) Municipality shall be permitted to use the CFP, or any lesser portion
thereof, on Saturdays and Sundays for Municipal events provided Municipality assures that
adequate alternative commuter parking is provided if necessary. Any other entity wanting to use
the CFP shall be required to enter into a Right of Entry Agreement with Metra.
3. USE BY METRA AND PUBLIC. Metra further reserves unto itself, its
successors and assigns, pennittees and licensees the right to use said Premises in the general
conduct of its railroad business including endeavors for the convenience of its commuters and
the public. Municipality shall not interfere with or infringe upon Metra's or the public's lawful
use of the said Premises so reserved. Municipality further agrees that Municipality and
Municipality's employees and invitees in and about said CPF shall be subject to the general rules
and regulations of Metra relating to said commuter parking facilities and to Metra's railroad
operations. Metra reserves the nonexclusive right to regulate and control the people who enter
said Premises and their conduct and reserves the right to enter upon said Premises at any time
and to eject therefrom any disorderly person or persons.
4. MAINTENANCE, ACCESS, AND RELOCATION.
(a) Municipality, at its own cost and expense, shall manage the CPF and shall
be responsible for the performance of "Routine Maintenance" throughout the Use Term.
Routine Maintenance shall include but shall not be limited to snow removal, salting, insurance,
lighting upkeep, sealing and patching pavement, restriping as needed (but, no less than every five
years), repairing and replacing parking signage, patrolling the Premises and payment of utility
expenses associated with the operation of the CPF on the Premises. Municipality shall also be
responsible for capital improvements to the CPF including but not limited to major rehabilitation,
excavation, demolition of structures. new construction, light standard placement or replacement
necessitated by damage to a structure.
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(b) In the event Municipality fails to manage, operate or maintain the
Premises and the Parking Facility in accordance with the terms and provisions of this
Agreement, Metra may provide, or cause to be provided, such management, operation and
maintenance services and Municipality shall reimburse Metra for the cost of said management,
operation and maintenance services within thirty (30) days of Municipality's receipt of a written
demand for payment from Metra.
(c) Municipality, at its own cost and expense, shall be responsible for the
"Standard Maintenance" of all landscaping on and along the Premises. For purposes of this
Agreement, Standard Maintenance shall include without limitation watering, weeding, mowing,
trimming, mulching as dictated by the specific plantings on the Premises and CPF, and the
replacement or removal of dead shrubs and trees pursuant to municipal ordinances regarding
landscaping.
(d) Metra reserves the right to relocate the CPF or any portion thereof, at its
own cost and expense, in the vicinity of the Premises with no liability for damages to
Municipality's interest in the CPF resulting from such relocation; provided, however, that Metra
shall give Municipality one hundred and eighty (180) days prior written notice of its intention to
relocate the existing CPF or portion thereof.
5.
RAIL SERVICE.
Metra
makes no
warranties or representations,
expressed or
implied, as
to continued rail service
to the
Premises.
6. PARKING REVENUES.
(a) All parking fees or other revenue derived from Municipality's use of the
Premises and the CPF ( "Revenues ") shall first be utilized for Routine Maintenance, Standard
Maintenance and administrative expenses incurred from the operation of the CPF. The
remainder shall be deposited in a capital improvement account, designated specifically for the
CPF or Metra improved facilities to be used for future renovation or rehabilitation of the CPF.
Municipality agrees not to use the revenues from the CPF or from Metra improved facilities for
capital improvements to non - Metra facilities. Upon termination of this Agreement, Municipality
shall deliver all remaining revenues, including, without limitation, those on deposit in such
capital improvement account, to Metra no later than one hundred and eighty (180) days after
termination.
(b) Municipality shall establish and maintain adequate accounting records of
all Revenues collected and expenses incurred based on generally accepted accounting principles
consistent with the manner Municipality maintains records of its other accounts in order to
ensure compliance with this Agreement. Municipality shall permit and shall require its
contractors to permit Mena, the Regional Transportation Authority ( "RTA "), the Northeast
Illinois Regional Commuter Railroad Corporation ( "NIRCRC") or any other agency authorized
to perform such audit and inspection, to inspect all work, material and other data and records
with regard to the Revenue collected and to audit the books and accounts of Municipality and its
contractors with respect to said Revenues. Municipality shall submit to Metra, by the end of the
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Morton Grove 052814
first quarter of each year, a statement of revenues
CPF for the preceding year, and shall make its
Municipality shall immediately notify Metra if the
different from that intended by this Agreement. At
shall conduct a yearly joint inspection of the Premis
terms of this Agreement.
collected and spent for the operation of the
records available to Metra. Furthermore,
CPF is to be used in a manner substantially
the option of Metra, Metra and Municipality
es and the CPF to assure compliance with the
7. LICENSE TO OPERATE. Municipality shall pay for the cost of any licenses,
permits, or fees required by federal, state or local rule, regulation, ordinance or law necessary to
manage, operate and maintain the CPF.
8. SIGNS.
(a) Municipality shall not post or place any signs on the Premises without
having first received Metra's approval of the content, design and location of the sign, which
approval shall not be unreasonably withheld.
(b) Metra reserves the right to post or place signs of any type or design on any
property owned or controlled by Metra within the Municipality. Further, Municipality shall not
cause any tax or fee to be assessed against the signs or be required of Metra or Metra's
contractor(s) for the installation and maintenance of any signs.
9. COMPLIANCE (LEGAL AND INSURANCE).
(a) Municipality shall not use or permit upon the Premises anything that will
invalidate any policies of insurance held by Metra or Municipality now or hereinafter carried on
or covering the Premises, the CPF or any improvements thereon. Municipality shall manage,
operate, maintain, and use the Premises and the CPF in compliance with the requirements of all
local, state, and federal ordinances, laws, rules, and regulations in effect during the Use Term.
(b) Throughout the Use Term, Municipality agrees to furnish insurance in
form and in such amounts as required by Metra's Risk Management Department (312- 322 -7093)
and shall deliver to Metra's Risk Management Department certificates of insurance or such other
documentation acceptable to Metra's Risk Management Department evidencing the acquisition
of the required insurance. Such policies of insurance or self- insurance shall include commercial
general liability, automobile, workers compensation, and when required, railroad protective
liability insurance coverage as stated on Exhibit R attached to and made a part of this Agreement
( "Insurance Requirements "). To the extent permitted by law, said insurance shall show The
Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois
municipal corporation, and its affiliated separate public corporation known as the Northeast
Illinois Regional Commuter Railroad Corporation, both operating under the service mark
Metra, as now exists or may hereafter be constituted or acquired, and the Regional
Transportation Authority, an Illinois municipal corporation, as additional insureds and shall be
endorsed to assume the contractual obligations of Municipality as set forth in this Agreement. A
duplicate copy of such insurance policy or a certificate of insurance and signed copy of a report
showing established insurable value shall be furnished to Metra and must show on the insurance
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policy or the certificate of insurance that Metra will be properly notified in writing at least thirty
(30) days prior to any modification or cancellation of such policy.
(e) Municipality and its agents shall not permit the existence of any nuisance
on the Premises or during the operation of the CPF; shall not create dangerous or hazardous
conditions on the Premises, nor allow dangerous, explosive, flammable, or combustible materials
on the Premises which would increase or tend to increase the risk of fire; and further, the
Municipality or its agent shall keep, observe and comply with all federal, state and local rules,
regulations, ordinances, and laws having jurisdiction over the Premises or the CPF. If, as a result
of the Municipality's occupancy of the Premises hereunder, any such rule, regulation, ordinance
or law is violated, the Municipality shall protect, hold harmless, defend and indemnify Metra,
RTA and NIRCRC from and against any and all losses, penalties, fines, costs, damages or
expenses, including court costs and attorneys' fees, caused by, resulting from, or connected with
such violation or violations.
(d) Municipality and its agents agree to use their reasonable best efforts to
prevent the occurrence of contamination, hazardous materials or any related environmental
damage or condition on the Premises during the Use Term. Should any contamination or other
environmental condition occur or result from Municipality's use or occupancy of the Premises,
Municipality will be responsible for all costs associated with its mitigation, cleanup and any
related liability. Municipality specifically agrees to indemnify, defend and hold harmless Metra,
RTA and NIRCRC from all such toss, damages, costs or liabilities, including court costs and
attorneys' fees, arising from Municipality's use or occupancy of the Premises.
(e) Municipality's failure to obtain or to cause its contractors to obtain proper
insurance coverage or to insure Metra, the RTA or the NIRCRC as additional insureds shall not,
at any time, operate as a waiver to Metra's right to indemnification and defense against any
claims, damages or injuries covered under the terms and provisions of this Agreement.
(f) During the Use Term, Metra may make commercially reasonable increases
in the amount of insurance required by Municipality or its contractor(s) and/or sub-contractor(s)
under the terms and provisions of this Agreement.
10. WAIVER AND INDEMNIFICATION.
(a) To the fullest extent permitted by law, the Municipality hereby assumes
and agrees to release, acquit and waive any rights which Municipality may have against and
forever discharge Metra, the RTA and the NIRCRC, then respective directors, administrators,
officers, employees, agents, successors, assigns and all other persons, firms and corporations
acting on their behalf or with their authority, from and against any and all claims, demands or
liabilities imposed upon them by law or otherwise of every kind, nature and character on account
of personal injuries, including death at any time resulting therefrom, and on account of damage
to or destruction of property arising out of or in any way relating to or occurring in connection
with the activities permitted under the terms and provisions of this Agreement or which may
occur to or be incurred by the Municipality, its employees, officers, agents and all other persons
acting on the Municipality's behalf while on the Premises or arising from the condition of the
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Premises during the term of this Agreement, except to the extent such injuries or damages are
caused by the negligence or willful misconduct of Metra, the RTA, or the NIRCRC.
Notwithstanding anything in this Agreement to the contrary, the releases and waivers contained
in this paragraph shall survive termination of this Agreement.
(b) To the fullest extent permitted by law, the Municipality agrees to
indemnify, defend and hold harmless Metra, the RTA and the NIRCRC, their respective
directors, administrators, officers, agents, employees, successors, assigns and all other persons,
firms and corporations acting on their behalf or with their authority, from and against any and all
injuries, liabilities, losses, damages, costs, payments and expenses of every kind and nature
(including, without limitation, court costs and attorneys' fees) for claims, demands, actions, suits,
proceedings, judgments, settlements arising out of or in any way relating to or occurring in
connection with: (i) the activities permitted under the terns and provisions of this Agreement;
(ii) the condition of the Premises; (iii) the failure to investigate claims; or (iv) which may occur
to or be incurred, by the Municipality, its employees, officers, agents, and all other persons
acting on its behalf while on the Premises, or, except to the extent such injuries, liabilities,
losses, damages, costs, payments or expenses are caused by the negligence or willful misconduct
of Metra, the RTA or the NIRCRC. Metra agrees to notify the Municipality in writing within a
reasonable time of any claim of which it becomes aware which may fall within this indemnity
provision. The Municipality finther agrees to defend Metra, the RTA, the NIRCRC, their
respective directors, administrators, officers, agents and employees against any claims, suits,
actions or proceedings filed against any of them with respect to the subject matter of this
indemnity provision provided, however, that Metra, the RTA and the NIRCRC, may elect to
participate in the defense thereof at their own expense or may, at their own expense, employ
attorneys of their own selection to appear and defend the same on behalf of Metra, the RTA, the
NIRCRC, and their respective directors, administrators, officers, agents or employees. The
Municipality shall not enter into any compromise or settlement of any such claims, suits, actions
or proceedings without the consent of Metra, the RTA and the NIRCRC, which consent shall not
be unreasonably withheld.
(c) Notwithstanding anything to the contrary contained in this Agreement, the
indemnities contained in this paragraph shall survive termination of this Agreement and the
indemnification and hold harmless provisions set forth in this Agreement shall not be construed
as an indemnification or hold harmless against and from the negligence or willful misconduct of
Metra, the RTA or the NIRCRC with respect to any construction work performed by the
Municipality or those performing on behalf of or with the authority of the Municipality in
violation of the Illinois Constriction Contract Indemnification for Negligence Act, 740 ILCS
3510.01 et seq.
11. CONTRACTOR INDEMNIFICATION AND INSURANCE.
(a) In all contracts executed by Municipality for maintenance of the Premises
and the CPF (including snow removal) or for the construction, rehabilitation, improvement,
repair or maintenance of structures, facilities or improvements located on the Premises, or to be
located on such Premises, Municipality will require appropriate clauses to be inserted requiring
contractors to indemnity, hold harmless and defend Mena, RTA and NIRCRC, their directors,
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Morton Grove 052814
employees, agents, licensees, successors and assigns from and against any and all risks,
liabilities, claims, demands, losses, and judgments, including court costs and attorneys' fees,
arising from, growing out of, or related in any way to work performed by such corrtractor(s), or
their officers, employees, agents or subcontractors, and their agents or employees or the failure
to perform such work.
(b) Municipality will further cause appropriate clauses to be inserted in all
such contracts requiring contractors to procure and maintain comprehensive policies of
insurance, insuring contractor, Metra, RTA and NIRCRC, their directors, employees, agents,
successors and assigns from and against any and all risks, liabilities, claims, demands, losses and
judgments, including court costs and attorneys' fees, arising from, growing out of or in any way
related to the work performed or to be performed by such contractor(s), whether or not any such
liability, claim, demand, loss or judgment is due to or arises from the acts, omissions or
negligence of such contractor(s), or their officers, employees, agents or subcontractors and their
agents or employees..
12. IMPROVEMENTS. Municipality shall not make any improvements to the
Premises without having first obtained the prior written consent of Metra. Municipality shall
submit to Metra all plans and specifications for improvements on or to any portion of the
Premises and the CPF to Metra for review and approval (improvements shall not include such
items of Routine Maintenance and Standard Maintenance as described in section 4 of this
Agreement). Metra reserves the right to require Municipality's contactors to enter into a Right of
Entry Agreement prior to commencing work on the CPF, the Premises, or any other Metra
property. Metra further reserves the right to have its employees, agents or independent
contractors perform such work set forth in the plans and specifications it approves and
Municipality agrees to pay the cost of all such improvements performed by or on behalf of
Metra, whether by Metra's employees, agents or independent contractors.
13. LIENS. Municipality agrees not to suffer or permit any lien of mechanics or
materialmen to be placed against any portion of the Premises or CPF, and in case of any such
lien attaching to the Premises or Station Facility, Municipality shall, at its own cost and expense,
cause the same to be discharged of record within thirty (30) days or provide a bond or security
acceptable to Metra sufficient to discharge such lien and any interest accrued thereon. It is
further agreed by the Parties hereto that Municipality has no authority or power to cause or
permit any lien or encumbrance of any kind whatsoever, whether created by act of Municipality,
operation of law, or otherwise, to attach to or to be placed upon Metra's title or interest in the
CPF, and any and all liens and encumbrances created or suffered by Municipality or its tenants
shall attach to Municipality's interest only.
14. TAXES. Municipality shall be responsible for payment of all real estate taxes
and special assessments, if any, assessed against the Premises, including but not limited to real
estate taxes assessed as a result of Municipality's assignment or license of all or any portion of
the Premises to a third party. Municipality shall protect, indemnify, defend and forever save and
keep harmless Metra, R'TA, NIRCRC, and their directors, employees and agents licensees,
successors and assigns against and from, and to assume all liability and expense, including court
costs and attorneys' fees, for failure to pay real estate taxes or special assessments assessed
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against the Premises on or before the date payments of such taxes are due. Metra represents that
the Premises is currently exempt from real estate taxes and Metra shall use its reasonable best
efforts not to take any actions during the Use Term that would result in the loss of the tax exempt
status of the Premises; provided, however, that nothing in this Agreement shall be construed to
prohibit the lease or license of the Premises, or any portion thereof, to a third party as long as
such third party is responsible for the payment of all real estate taxes assessed against the leased
or licensed premises.
15. CAUSE FOR BREACH. If Municipality defaults in any of Municipality's
undertakings or obligations of this Agreement and Municipality receives written notice of such
default from Metra, then such event or action shall be deemed to constitute a breach of this
Agreement and if such default remains uncured for thirty (30) days after notice in writing, this
Agreement and Municipality's use of the Premises shall automatically cease and terminate unless
such cure period is extended in writing by Metra.
16. WAIVER OF REMEDIES. No waiver of any default of Municipality shall be
implied from omission by Metra to take any action on account of such default. No express
waiver shall affect any default other than the default specified in the express waiver and that only
for the time and to the extent therein stated. No receipt of money by Metra from Municipality
(a) after any default by Municipality, (b) after the termination of Municipality's use, (c) after the
service of any notice or demand, (d) after the commencement of any suit, or (e) after final
judgment for possession of the Premises, shall waive such default or reinstate, continue or extend
the Use Term or affect in any way such notice or suit, as the case may be.
17. SURRENDER OF PREMISES. Upon the termination of this Agreement or
Municipality's use of the Premises by any manner, means, or contingency whatsoever,
Municipality shall, if required by Metra, remove all of Municipality's improvements and /or
property from the Premises, fill all excavations that have been made by Municipality and deliver
possession of the Premises to Metra in as good a condition than that which existed immediately
prior to the commencement of the Use Tenn, ordinary wear and tear excepted. Should the
Municipality fail to perform such removal or restoration, then Metra, at its election, may either
remove the Municipality's improvements and property and restore the Premises to its former
state at the sole expense of Municipality or may retain the Municipality's improvements and
property as Metra's sole property. Should Municipality retain possession or use of the Premises
or any part thereof after the termination of Municipality's use by Metra or as otherwise provided
for in this Agreement, any such holding over shall not constitute an extension of Municipality's
use and Municipality shall pay Metra all damages, incidental or consequential as well as direct,
sustained by Metra, RTA and NIRCRC and their respective directors, employees, agents and
licensees by reason of such retention of possession or use. The provisions of this Section 17 do
not exclude the Metra's rights of reentry or any other rights to recover use and possession of the
Premises afforded Metra by law.
18. REENTRY. If Municipality sball breach or default in any of the terms of this
Agreement and if such breach or default is not cured as provided in Section 15 above, or if
Municipality's use of the Premises shall expire or terminate in any manner, it shall be lawful for
Metra then or at any time thereafter to reenter the Premises and take possession thereof, with or
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Mortan Grove 052814
without process of law, and to use any reasonable or necessary force for regaining possession of
the CPF; provided, however, that :Municipality shall have the right to remove certain of
Municipality's property as hereinabove provided and to use its property in any manner that does
not reasonably interfere with Metra's property rights. No termination of Municipality's use shall
release the Municipality from any liability or obligation that accrued prior to said termination.
19. CUMULATIVE RIGHTS. All rights and remedies of Metra shall be
cumulative, and none shall exclude any other rights and remedies allowed by law.
20. SALE OR ASSIGNMENT. Any assignment or transfer of this Agreement or the
Premises by Municipality without the written consent of Metra its successors and assigns shall be
void. Unless specifically released in writing by Metra, Municipality shall remain primarily liable
to Metra regardless of Metra's consent to an assignment or sublicense by Municipality. No act
of Metra, including acceptance of money by Metra from any other party, shall constitute a
waiver of this provision.
21. NOTICES. All notices, demands, elections, and other instruments required or
permitted to be given or made by either Party upon the other under the terms of this Agreement
or any statute shall be in writing. Such communications shall be deemed to have been sufficient-
ly served if sent by certified or registered mail with proper postage prepaid, hand delivered or
sent by facsimile transmission, with proof of successful transmission sent by regular mail by
Metra or Municipality at the respective addresses shown below or to such other party or address
as either Party may from time to time furnish to the other in writing.
(a) Notices to Metra shall be sent to:
Commuter Rail Division
547 W. Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate and Contract Management
Phone: (312) 322 -8006
Fax: (')12)322-7098
(b) Notices to Municipality shalt be sent to:
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, Illinois 60053
Attn: Village Administrator
Phone: (708) 965 -4100
Fax: (708) 965 -4162
Such notices, demands, elections and other instruments shall be considered delivered to recipient
on the second business day after deposit in the U.S. Mail, on the day of delivery if hand
delivered or on the first business day after successful transmission if sent by facsimile
transmission.
Morton Grove 052814
22. USE RESTRICTIONS. Municipality agrees that none of the Premises and the
CPF will be used, nor will Municipality permit them to be used, for parking within twenty (20)
feet of the centerline of any trackage. Any portion of the Premises within twenty (20) feet from
the nearest rail of any trackage shall be used only for the construction, maintenance, repair and
renewal of platforms and other railroad improvements located within the railroad right of way
(subject to legal clearance requirements and Metra's clearance requirements) and for no other
purpose whatsoever. Any construction, rehabilitation or repair work performed by or on behalf
of the Municipality occurring within twenty (20) feet of the outer rail of any track will require
flagging protection provided by Metra at Municipality's sole cost and expense. Municipality
and/or its contractors shall also purchase and keep in full force and effect railroad protection
liability insurance during the performance of any such work.
23. MISCELLANEOUS PROVISIONS.
(a) This Agreement shall be binding upon and shall inure to the benefit of the
Parties, and their respective successors or assigns.
(b) The captions of the Sections of this Agreement are for convenience and
are not to be interpreted as part of this Agreement.
(c) Whenever the context requires or permits the singular shall include the
plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely
interchangeable.
(e) This Agreement shall be construed and enforced in accordance with the
laws of the State of Illinois.
24. SEVERABILITY. Metra and Municipality agree that if any provision of this
Agreement is held to be invalid for any reason whatsoever, the remaining provisions shall not be
affected thereby if such remainder would then continue to conform to the terms, purposes and
requirements of applicable law and does not represent a material change to the rights or
obligations of the Parties.
25. ENTIRE AGREEMENT. All of the representations and obligations of Metra
are contained herein. Metra and Municipality agree that no change or modification to this
Agreement, or any exhibits or attachments hereto, shall be of any force or effect unless such
amendment is dated, reduced to writing, executed by both Parties and attached to and made a
part of this Agreement. No work shall be commenced and no costs or obligations incurred as a
consequence of any amendment to this Agreement or any attachments hereto unless and until
such amendment has been executed and made a part of this Agreement.
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(d)
In the
event the time for
performance
hereunder falls on a
Saturday,
Sunday
or holiday,
the actual
time for performance
shall be the
next business day.
(e) This Agreement shall be construed and enforced in accordance with the
laws of the State of Illinois.
24. SEVERABILITY. Metra and Municipality agree that if any provision of this
Agreement is held to be invalid for any reason whatsoever, the remaining provisions shall not be
affected thereby if such remainder would then continue to conform to the terms, purposes and
requirements of applicable law and does not represent a material change to the rights or
obligations of the Parties.
25. ENTIRE AGREEMENT. All of the representations and obligations of Metra
are contained herein. Metra and Municipality agree that no change or modification to this
Agreement, or any exhibits or attachments hereto, shall be of any force or effect unless such
amendment is dated, reduced to writing, executed by both Parties and attached to and made a
part of this Agreement. No work shall be commenced and no costs or obligations incurred as a
consequence of any amendment to this Agreement or any attachments hereto unless and until
such amendment has been executed and made a part of this Agreement.
10
Morton Grove 052814
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first above written.
THE COMMUTER RAIL. DIVISION OF
THE REGIONAL TRANSPORTATION
AUTHORITY:
By:
Donald A. Orseno, Executive Dlrector/(,EO
Morton Grove 052914
VILLAGE OF MORTON GROVE:
By:
Daniel P. DiMaria, Village President
Lel4islative 5,ulnmary
Resolution I4 -51
AUTHORIZING THE EXECUTION OF A CONTRACT WITH A LAMP CONCRETE CONTRACTORS, INC.
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator Recommend:
Second Reading:
FOR THE 2014 STREET PATCHING PROGRAM
October 7, 2014
To authorize
the
Village
President to execute
a contract with A
Lamp Concrete
Contractors,
Inc.
for the
2014 Street Patching
Program.
The 2014 Street Patching Program is necessary to maintain the quality, drainage, and
drivability of the streets in the Village.
The scope of work developed for this program was reconstructing a segment of street on
Marmora Avenue from Carol Avenue to Dempster Street and constructing surface
patches on Beckwith Road from Lehigh Avenue to Austin Avenue and Hazel Street
from Oak Park Avenue to Lehigh Avenue. This contract was bid through a public
process in which the contract was advertised and sealed bids were received. Ten bid
packages were obtained and two bids were submitted (bid tabulation attached as Exhibit
"A "). A Lamp Concrete Contractors, Inc. of Schaumburg, Illinois was determined to be
the lowest responsible bidder. A Lamp's qualifications and availability were verified.
The proposal price is $146,832.00. The budgeted amount is $90,000. The bid amount
exceeds the budgeted amount by $56,832. Village staff considers it to be a higher
priority to complete the work on Marmora Avenue than the work on Beckwith Road and
Hazel Street. Eliminating the work on Beckwith Road and Hazel Street could reduce
the contract amount to $83,582. The contract documents include a provision to reserve
the right of the Village to reduce and /or omit any items set forth in the contract
documents. A Lamp has indicated to Village staff they find it acceptable to proceed
with the contract that includes a reduced scope of work.
Public Works, Engineering Division
The estimated contract value is $83,582.00. Since this is a unit price contract, the final
contract amount will be based on the actual quantity of work performed.
2014 Capital Projects Fund (Account 9305060- 553300)
The Public Works Department, Engineering Division, as part of their normal work
activities, performs the management and implementation of the program.
Approval as presented.
N/A
Special Considerations or None
Requirements: / r
Respectfully submitted: n✓ - �,7� /d:-�t
Rya . . Horn', Village Administrator
Reviewed by:
Teresa Hoffman Liston, Corporation Counsel
Prepared by: Reviewed by:
Chris Tomich, Village Engineer `Andy DeMonte, Director of Public Works
r
I � �
AUTHORIZATION TO EXECUTE A CONTRACT WITH
A LAMP CONCRETE CONTRACTORS, INC.
FOR THE 2014 STREET PATCHING 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 2014 Street Patching Program is necessary in order to maintain the Village's
infrastructure; and
WHEREAS, the scope of work developed for this program was reconstructing a segment of
street on Marmora Avenue from Carol Avenue to Dempster Street and constructing surface patches
on Beckwith Road from Lehigh Avenue to Austin Avenue and Ilarel Street from Oak Park Avenue
to Lehigh Avenue; and
WHEREAS, the Public Works Department advertised on the Village's website beginning
September 23, 2014, inviting bids on the "2014 Street Patching Program "; and
WHEREAS, the bidding procedures comply with purchasing requirements of Municipal
Code Title 1, Chapter 9, Article A, Section 2; and
WHEREAS, the terms of this contract will comply with the Illinois Prevailing Wage Act; and
WHEREAS, 10 bid packages were purchased or downloaded; and
WHEREAS, two bids were received, publicly opened and read at the Public Works Facility at
9:00 a.m. on Tuesday, October 7, 2014, with the corrected bid results as shown in Exhibit "A" and as
follows:
; and
and
Contractor Total
A Lamp Concrete Contractors, Inc. $146,832.00
J.A. Johnson Paving Company $234,735.00
WHEREAS, the low bidder is A Lamp Concrete Contractors, Inc. of Schaumburg, Illinois;
WHEREAS, the qualifications and availability of the tow bidder have been verified; and
WHEREAS, the 2014 Adopted Budget contains an allocation of $90,000 in the Capital
Projects Fund Account 305060 - 553300 for street patching; and
WHEREAS, the low bid of A Lamp Concrete Contractors, Inc. is $56,832 more than the
budgeted amount; and
WHEREAS, Village staff evaluated the amount work that could be performed at the bid unit
prices for a total cost equal to the budgeted amount and considers it practical to eliminate the surface
patching from the scope of work in order to reduce the amount of work to be performed to
approximately $83,582.00; and
WHEREAS, the contract documents include a provision to reserve the right of the Village to
reduce and /or omit any items set forth in the contract documents; and
WHEREAS, A Lamp Concrete Contractors, Inc. has indicated to Village staff that they find it
acceptable to proceed with the contract that includes a reduced scope of work.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTIONN 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 A Lamp Concrete Contractors, Inc.
in the amount of $146,832.00.
SECTION 3. The Corporate Authorities desire to exercise the Village's reserved right to
omit any items set forth in the Contract Documents to eliminate the construction of surface patches
on Beckwith. Road from Lehigh Avenue to Austin Avenue and Hazel Street from Oak Pak Avenue
to Lehigh Avenue in order to reduce the contract amount to $83,582.00.
SECTION 4. The Village President of the Village of Morton Grove is hereby authorized to
execute and the Village Clerk to attest to a contract with A Lamp Concrete Contractors, Inc., based
upon their bid for the 2014 Street Patching Program in the amount of $83,582.00.
SECTION 5. The Village Administrator, Director of Public Works and Village Engineer and
their designees are hereby authorized to take all steps necessary to oversee, implement this contract.
SECTION 6. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 13 " DAY OF OCTOBER 2014
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Marcus
Pietron
Thili
Toth
Witko
APPROVED BY ME THIS 13t' DAY OF OCTOBER 2014
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 14" DAY OF OCTOBER 2014
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
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