HomeMy WebLinkAbout2015-08-10 Board AgendaVILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE /AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
AUGUST 10, 2015
6 :00 pm
(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.)
1. Call to Order
2. Pledge of Allegiance
3. Executive Session
4.
5.
6.
7.
8.
THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM
IN THE COUNCIL CHAMBERS
OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER
Reconvene Meeting
Pledge of Allegiance
Roll Call
Approval of Minutes — Special meeting — July 9, 2015
Regular meeting — July 13, 2015
Special Reports
a. Recognition of Mr
& Ms
LaMothe for their Years
of Service as Crossing
Guards to be Made by
Trustee Grear and
Police
Chief Michael Simo
Richard 'T. Flickinger Municipal ('caster
6101 Capulina Avenue a Morton Grove, Illinois 60053 =2985
Tel: (847) 965 -4100 Lax: (847) 965 -4162
Special Reports (continued)
b. Presentation of Plan Commission Case PC 15 -05 Which Requests a Special Use Permit for a
Drive - Through Restaurant at the Property Commonly Known as 9480 Waukegan Road by
Community and Economic Development Director Nancy Radzevich
Presentation of Plan Commission Case PC 15 -06 Which Requests a Special Use Permit for a
Mixed Use Development for an Animal Hospital and Accessory Kennel Services and Second
Floor Residential Unit at the Property Commonly Known as 9128 Waukegan Road by
Community and Economic Development Director Nancy Radzevich
d. Presentation of Plan Commission Case PC 15 -07 Which Requests a Special Use Permit for a
Physical Fitness and Health Service Greater than 1,000 sq. ft. at the Property Commonly Known
as 6231 Dempster Street by Community and Economic Development Director Nancy Radzevich
Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic
Plan, Comprehensive Plan
a. Proclamation — Americans with Disabilities Act 25`h Anniversary — August 2015
b. Proclamation — Bella Terra Day — August 10, 2015
C. Ordinance 15 -14 (Introduced July 13, 2015) (Second Reading)
Amending Title 1, of the Municipal Code Entitled "Administrative ", Chapter 5 Entitled "Village
Board of Trustees ", Section 5 Entitled "Rules of Procedure" by Adding Two New Paragraphs
"K" and "L" Entitled "Electronic Attendance" and "Sample Electronic Attendance Request"
d. Mayoral Update /Review
12. Clerk's Report — Community Relations Commission
a. Approval of Executive Session Minutes (09- 08 -14, 09- 22 -14, 10- 13 -14, 11- 10 -14, 02- 09 -15, 04-
27- 15,05- 26 -15, 06- 22 -15, 07- 09 -15)
b. Release of Executive Session Minutes — None
C. Destruction
of Recordings of of Executive
Sessions as Authorized by the Illinois Open Meetings
Act (06- 24 -13,
07- 08 -13, 09- 09 -13, 09- 23 -13,
10- 07 -13,
10- 28 -13, 11 -25 -13
[pre &post])
13. Staff Reports
a. Village Administrator
1) Presentation of the 2014 CAFR by Sikich
2) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear — Police Department, Community and Economic Development Department, Fire
and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View
TIF ('Trustee Witko)
b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals,
Building Department ('Trustee Pietron)
1) Ordinance 15 -15 (Introduced July 13, 2015) (Second Reading)
Amendment to a Special Use (Ord 11 -27, 13 -15, 14 -21) to Allow for Expanded Days and
Hours for the Operation of the Previously Approved Haunted House and Additional
Entertainment Uses at 8820 Austin
2) Ordinance 15 -16 (Introduced August 10, 2015) (Requests Waiving of Second Reading)
Approving a Special Use Permit for a Mixed Use Development for an Animal Hospital,
with Accessory Kennel Services, and a Second Floor Residential Unit at 9128 Waukegan
Road
3) Ordinance 15 -17 (Introduced August 10, 2015) (Requests Waiving ofSecond Reading)
Approving a Special Use Permit for a Drive - Through Facility for a New Restaurant at
9480 Waukegan Road, Morton Grove
4) Ordinance 15 -18 (Introduced August 10, 2015) (Requests Waiving of Second Reading)
Approving a Special Use Permit for a Physical Fitness and Health Service Use Greater
than 1,000 sq ft, to Allow for the Operation of a Fitness Center with Private Classes and
Personal Training at 6231 Dempster
C. Trustee Pietron — Public Works Department, Condominium Association, Economic
Development Commission, Dempster Street Corridor Plan (Trustee Minx)
1) Resolution 15 -59 (Introduced August 10, 2015)
Authorizing the Purchase of a New Single Axle Dump Truck with a Snow Plow and Salt
Spreader from Trans Chicago Truck Group
14. Reports by Trustees (continued)
d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety
Commission, Waukegan Road TIF, Capital Projects (Trustee Thill)
1) Resolution 15 -60 (Introduced August 10, 2015)
Authorizing a Contractual Agreement with Raftelis Financial Consultants, Inc. for Water
Rate Consulting Services Relating to the Negotiations of a Long -Term Water Supply
Agreement with the City of Evanston and the Villages of Niles and Morton Grove
2) Ordinance 15 -19 (Introduced August 10, 2015) (Requests Waiving ofSecond Reading)
Amending Title 1, Chapter 10, Article E of the Municipal Code and Approving a Tax
Collection Agreement Between the Village and Northern Illinois Gas Company, d /b /a
Nicor Gas Company
e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental
Health, Solid Waste Agency ofNorthern Cook County, Appearance Commission (Trustee
Ramos)
f. Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services
Department, Chamber of Commerce, Advisory Commission on Aging (Trustee Great)
15. Presentation of Warrants: July 27, 2015 $ 956,596.08
August 10, 2015 $ 259,856.59
Total $1,216,452.67
16. Other Business
a. Appointment of New Village Administrator — Ralph E. Czerwinski
b. Resolution 15 -56 (Introduced August 10, 2015)
Authorizing an Agreement between the Village and Ralph E. Czerwinski
C. Remarks by New Village Administrator
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.
MINUTES OF THE JULY 99 2015 SPECIAL MEETING
OF THE BOARD OF TRUSTEES
RICHARD T, FLICKINGER MUNICIPAL CENTER
6101 CAPULINA AVENUE
MORTON GROVE, ILLINOIS 60053
Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was
called to order at 6:00 pm by Village President Daniel DiMaria who led the assemblage in the
pledge of allegiance. Clerk Connie Travis called the roll. In attendance were:
Elected Officials: Mayor Daniel DiMaria, Clerk Travis, Trustees William Grear,
John Pietron, Rita Minx, John Thill, Ed Ramos and Janine Witko
Absent: None
Village: Village Administrator Pro Tem Thomas J. Friel, Corporation
Counsel Teresa Hoffman Liston
Also Present: None
Trustee Grear moved to adjourn to Executive Session at Andrews's Restaurant: 2610 Dempster
St, Park Ridge, Illinois 60068 to discuss personnel matters. The motion as seconded by Trustee
Minx and approved unanimously pursuant to a roll call vote at 6:03 pm.
At the conclusion of the Executive Session, Trustee Pietron moved to adjourn the special
meeting. The motion was seconded by Trustee Thill and approved unanimously via a voice vote
at 8:58 pm.
Minutes by: Connie Travis, Village Clerk
Richard T. Flickinger Municipal Center
6101 Capulina Avenue o Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
CALL TO ORDER
I & Village President Dan DiMaria called the meeting to order at 6:00 p.m. in the Trustees'
11. Conference Room and led the Board in the Pledge of Allegiance.
III. Village Clerk Connie Travis called the roll. Present were: Trustees Bill Grear, Rita Minx,
John Pietron, Ed Ramos, John Thill, and Janine Witko.
IV. APPROVAL OF MINUTES
Regarding the Minutes of the June 22, 2015 Regular Board Meeting, Trustee Thill moved,
seconded by Trustee Minx, to accept the Minutes. Trustee Witko noted that, on page 11, under
"Residents' Comments ", #1, the last sentence should end with "by July 6, 2015" instead of "by
July 6, 0151. With that correction, the motion passed unanimously via voice vote.
V. SPECIAL REPORTS
1.
Community and Economic Development Director Nancy Radzevich presented this case to the
Board. She provided some background on this case.
a. In July of 2011, the Village granted a Special Use permit (Ord. 11 -27) to Big City Entertainment
to allow an Entertainment use for a haunted house to be located and operated at 8220 Austin
Avenue. One of the conditions of that Special Use was that the operation of the haunted house
would be limited to 30 days, all within the month of October.
b. In fall of 2013, Big City Entertainment applied for, and the Village granted, an amendment to
the original Special Use permit (Ord. 13 -15) to allow for additional entertainment uses outside
of the month of October. The amendment allows airsoft/laser tag open gaming, movie nights,
private events, theatric performances, dances, etc. to be held on Saturdays and Sundays from
9:00 a.m. to 10:00 p.m. In addition, tactical training was permitted during the week, Mondays
through Fridays, from 9:00 a.m. to 5:00 p.m.
C. In the fall of 2014, Big City Entertainment also applied for a received a minor amendment
to the original Special Use permit (Ord. 14 -21) to allow private parking attendants in lieu of
off -duty police officers to direct traffic to /from Austin Avenue to the subject property.
V.
SPECIAL REPORTS (continued)
Minutes of July 13 2015 Board Meeting
d. The applicant for this amendment to the Special Use permit is 13th Floor Entertainment Group,
who recently purchased the Fear City haunted house, which had been owned and operated by
Big City Entertainment. 13`h Floor Entertainment Group owns and operates haunted houses in
Denver, Phoenix, San Antonio, and Austin. They also own a haunted house in Melrose Park.
e. The applicant is seeking to extend the days for the operation of the haunted house to
include the last two weekends in September and the first weekend in November, on Fridays,
Saturdays, and Sundays for each of those weekends. The applicant is also requesting to
expand the permitted days in October from 30 days to the full 31 days within that month. The
applicant is also asking that all of the previously- approved entertainment uses be allowed to
occur on Friday evenings from 6:00 p.m. to 10:00 p.m., in addition to the previously permitted
Saturdays and Sundays from 9:00 a.m. to 10:00 p.m.
f. Ms. Radzevich said that all of the residents in the area had been notified of this meeting, yet,
at the hearing, no one from the surrounding area was present who wanted to speak or be
heard on this case. The Plan Commission felt that "that said it all" and voted unanimously to
recommend approval of the applicant's request to the Village Board of Trustees.
g. Ms. Radzevich said the first reading of the Ordinance granting this Special Use amendment
will be presented this evening, and the vote will be taken at the Board's August 10, 2015 Board
Meeting.
Mayor DiMaria asked if any members of the Board had any questions about this matter.
h. Trustee Grear asked Ms. Radzevich if the applicant had requested a waiver of the second
reading of the ordinance. She said there had not been any such request.
VI.
PUBLIC HEARINGS
NONE
VII. RESIDENTS' COMMENTS (Agenda Items Only)
Tracy Minx commented that the address included in the Plan Commission's case 15 -04 was
incorrect. The address is actually 8240 Austin Avenue, not 8220 Austin.
VIII. PRESIDENT'S REPORT
Mayor DiMaria introduced for a first reading Ordinance 15 -14, Amending Title 1 of the
Municipal Code Entitled "Administrative," Chapter 5 Entitled "Village Board of
Trustees," Section 5 Entitled "Rules of Procedure" by Adding Two New Paragraphs
"K" and "L" Entitled "Electronic Attendance" and "Sample Electronic Attendance
Request."
a. Mayor DiMaria said that the Open Meetings Act allows Trustees to attend meetings
electronically, so this ordinance will amend the Village Code to establish rules that comply
with the Open Meetings Act for attending Village meetings electronically.
`Minutes of July 13, 2015 Board Meeting
VIII. PRESIDENT'S REPORT (continued)
2. Mayoral Update
a. Mayor DiMaria announced that Morton Grove Police Deputy Chief Brian E. Fennelly, a 15 -year
veteran of the MGPD, has been selected to attend the FBI National Academy from July 13
through September 18, 2015, in Quantico, Virginia.
b. The FBI National Academy is a professional development course for U.S. and international law
enforcement leaders. It serves to improve the administration of justice and police departments
and agencies at home and abroad and to raise law enforcement standards, knowledge, and
cooperation worldwide. Leaders and managers of state, local, county, tribal police, military,
federal, and international law enforcement agencies attend the FBI National Academy.
c. The mayor said that Fennelly will be one of approximately 220 officers taking undergraduate
and /or graduate courses at the FBI campus in Quantico. During his time at the Academy,
Fennelly plans to take variety of classes in management and leadership related topics,
behavioral and forensic science, and participate in fitness and wellness training. Participation
in the Academy is by invitation only, through a nomination process. Participants are drawn
from every US state and territory and from international partner nations.
3. Mayor DiMaria gave a shout -out to Chief Simo and the Police Department, Chief Friel and the
Fire Department, and Andy DeMonte and the Public Works Department, and Remy Navarrete
and the members of the Finance Department who participated in the three -day Morton Grove
Days event for all of the support and hard work. He also praised all of the volunteers who
helped make the festivities such a success.
Mayor DiMaria commented that many people are aware of Chick Evans Golf Course, but not
as many know that Chick Evans, who was an excellent amateur golfer (and won the U.S. Open
in 1916), established a scholarship fund for golf caddies who demonstrate integrity, fellowship,
and leadership. It's the largest private scholarship fund in the country. Mayor DiMaria said he
was happy to announce that one of the 245 recipients of this year's Chick Evans scholarship
is Tristin Minx, granddaughter of Trustee Rita Minx. Tristin will be attending UIC and majoring
in Political Science. Mayor DiMaria said he wished her well and was very proud of her
accomplishments.
5. Mayor DiMaria thanked everyone who came out to spend time at the Morton Grove Days
festivities.
IX. CLERK'S REPORT
Clerk Travis had no report at this time.
X. STAFF REPORTS
A. Village Administrator
Village Administrator pro tem Tom Friel had no report.
Minutes of July 13 2015 Board Meeting
X.
B. Corporation Counsel:
STAFF REPORTS (continued)
Corporation Counsel Liston had no report.
XI. TRUSTEES' REPORTS
A. Trustee Grear:
Trustee Grear presented
Resolution
15 -54,
Authorizing the Disposition of Unclaimed
Bicycles Recovered by
the Morton
Grove
Police Department.
a. He explained that this will authorize the Village President to approve the donation of sixteen
(16) found or abandoned bicycles to be donated to the organization "Bikes N Roses," a not -for-
profit group located in Chicago. These bicycles have been kept for at least six months to allow
the Police Department to ascertain ownership.
Trustee Grear moved to adopt Resolution 15 -54, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye Tr. Pietron ave
Tr. Ramos ave Tr. Thill ave Tr. Witko aye
Trustee Grear commented that, in 1968, his older brother had been awarded a Chick Evans
scholarship so he knows what an honor it is for the Minx family. He, too, offered his best
wishes and congratulations to Tristin Minx.
B. Trustee Minx:
Trustee Minx presented for a first reading Ordinance 15 -05, Amendment to a Special Use
Permit to Allow for Expanded Days and Hours for the Operation of the Previously
Approved Haunted House and Additional Entertainment Uses at 8820 Austin.
This is pursuant to Plan Commission Case PC15 -04, reported out earlier by Community and
Economic Development Director Nancy Radzevich.
Trustee Minx reiterated the background information of this request and indicated that this will
be voted on by the Board at the August 10, 2015 Board Meeting.
2. Trustee Minx said that she's as proud of Tristin as she is of all of her grandchildren.
C. Trustee Pietron:
Trustee Pietron had no report.
Minutes of July 13 2015 Board Meeting
XI. TRUSTEES' REPORTS (continued)
D. Trustee Ramos:
1. Trustee Ramos presented Ordinance 15 -11, Amending Title 1, Chapter 10, Article G of the
Municipal Code Entitled "Business Occupation Taxes."
This is the second reading of this Ordinance.
a. Trustee Ramos explained that Ordinance 15 -11 will amend the Business Occupational Tax,
also known as the local option sales tax. The local option sales tax was introduced in 1991 as
a 0.50% tax on items (except for vehicles, groceries, prescription and non - prescription drugs,
and medical appliances) purchased within the Village. Currently the Village's local option
sales tax is I%. The Village receives approximately $2 million from this tax, which is paid by
residents and non - residents, thus diversifying its revenue base and reducing its dependency
on property taxes. This Ordinance will raise the local option sales tax by %% to 1.25 %.
The Finance Department, through the Northwest Municipal Conference, conducted a survey of
this type of tax and found that Morton Grove's neighbors, Skokie and Niles, each have a local
option sales tax of 1.25 %. It is estimated by Village staff that increasing the tax to 1.25% will
bring in an extra $500,000 of revenue annually.
Trustee Ramos moved, seconded by Trustee Thill, to adopt Ordinance 15 -11.
b• Trustee Witko said she understands that rationale behind the Board's desire to raise the local
option sales tax, adding that she would like the Board to consider allocating all or a portion of
any additional revenue received as a result of the local option sales tax increase toward Capital
Funding and /or to improve the pension ratios.
c Trustee Pietron said he would be okay with that.
d. Trustee Grear asked if Trustee Witko thought the Village should wait to see if it's going to lose
revenue from the State before deciding whether or not to allocate the additional revenue. He
added that this is something that the Board should discuss during the budgeting process.
e. Village Administrator pro tem Friel said he believed that Trustee Witko was making a
recommendation to allocate a portion of the new revenue raised by these tax increases to the
Capital Improvements Fund when Village staff and the board begin the budgeting process for
CY2016. Trustee Minx asked if the revenue from these tax increases will go into the General
Fund. Mr. Friel said that it will.
Mayor DiMaria called for the vote on Ordinance 15 -11.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye Tr. Pietron aye
Tr. Ramos aye Tr. Thill aye Tr. Witko aye
2. Next, Trustee Ramos presented Ordinance 15 -12, Amending Title 1, Chapter 10, Article J,
of the Municipal Code Entitled "Local Motor Fuel Tax."
This is the second reading of this Ordinance.
XI.
D. Trustee Ramos: (continued)
TRUSTEES' REPORTS (continued)
Minutes of July 13 2015 Board Meeting
a. Trustee Ramos said that Ordinance 15 -12 would increase the Village's Local Motor Fuel Tax
to $.04 /gallon. When this tax was first introduced in 2003, the local motor fuel tax was
$.01 /gallon. In 2005, it went up to $.02 /gallon. Trustee Ramos noted that Des Plaines and
Evanston have a similar tax, currently $.04 /gallon. Skokie's tax is $.05/ gallon. Village staff
estimates that this increase will bring in an additional $200,000 to the Village annually.
Trustee Ramos moved, seconded by Trustee Pietron, to adopt Ordinance 15 -12.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye Tr. Pietron aye
Tr. Ramos aye Tr. Thill aye Tr. Witko aye
3. Trustee Ramos then presented Ordinance 16 -13. Amending Title 1, Chapter 10, Article E
of the Municipal Code Entitled "Municipal Natural Gas Use Tax" and Approving a Tax
Collection Agreement Between the Village of Morton Grove and Northern Illinois Gas
Company d /b /a Nicor Gas Company.
This is the second reading of this ordinance.
a. Trustee Ramos said that Ordinance 05 -13 deals with the Natural Gas Use Tax. When this tax
was first instituted in 2002, the tax was $.02 /therm. It has not increased since 2002. This
ordinance will increase this tax to $.05 /therm, per the recommendation of Village staff. Many
area municipalities are already at $.05 /therm. In order for Nicor to collect this tax at the new
rate, it is necessary for the Village to enter into an updated Tax Collection Agreement. This
ordinance will also authorize the Village President to enter into that agreement.
Trustee Ramos moved to adopt Ordinance 15 -13, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx aye Tr. Pietron aye
Tr. Ramos aye Tr. Thill aye Tr. Witko aye
E. Trustee Thill:
1. Trustee Thill had no formal report, but he did have some news about the Solid Waste Agency
of Northern Cook County (SWANCC).
a. For 25 years, Morton Grove has been a member of SWANCC, an agency formed to address
waste and garbage disposal. Trustee Thill announced that SWANCC is now debt -free.
SWANCC has also signed a new contract with the operator of the facility through the year
2031. The new contractor is saving SWANCC $2.5 million annually. The savings will be
passed down to all of SWANCC's members. Next year, the Village will see a savings of 18%
on its garbage fees. This savings will be passed on to all residents. The downside to this is
that the Village will no longer receive recycling rebates. Trustee Thill said that, from 2009 to
the present, the Village has received over $190,000 in recycling rebates.
Xl.
E. Trustee Thilk (continued)
TRUSTEES' REPORTS (continued)
:Minutes of Jul 13, 2015 Board Meetin
b. Trustee Thill suggested, regarding the 18% savings, that the Village pass along to residents a
10% savings on their garbage fees, and hold the other 8% savings in a special account for
future environmental programs and green initiatives.
c. Trustee Thill also
reported
on the Village's electronic recycling event, which
happened about
six weeks ago, in
May. He
said that 345 cars came through; 153 were from
Morton Grove
residents.
d. Trustee Thill said he brought that up because recently, HB1455 passed unanimously in both
houses. This bill will require a charge for all electronics recycling. Trustee Thill read a letter for
the record and asked Mayor DiMaria to sign it and send it to Governor Rauner. The letter
requests that the buyer of electronic devices be responsible for paying for the recycling. If
not, SWANCC will be charged (at a cost of about $100,000 a year.) He felt that the people
purchasing an electronic device should pay for recycling it.
F.
XII.
Trustee Witko:
Trustee Witko presented Resolution 15 -66, Authorizing a Contractual Agreement With
Tobin Cheuk of Morton Grove, Illinois for Technology Services, Operations Support,
and Application Development.
She explained that the Village's Information Technology Division has engaged Tobin Cheuk
since 2013 for various technology - related tasks in support of Village operations. The
Information Systems Manager recommends continuing the professional services agreement
between Tobin Cheuk and the Village of Morton Grove through 2015.
Trustee Witko moved to approve Resolution 15 -55, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx awe Tr. Pietron ave
Tr. Ramos aye Tr. Thill aye Tr. Witko ave
Trustee Witko invited all residents to attend "Justice Day" on Sunday, July 26. This is part of an
initiative (the Justice Project) sponsored by Open Communities (formerly Interfaith Housing).
The Justice Day event commemorates the 50 h anniversary of the housing justice rally at which
Dr. Martin Luther King, Jr. spoke. It will be a family - friendly celebration featuring a number of
speakers, as well as food, arts, crafts, and music. Its purpose is to inspire communities to be
more welcoming, inclusive, and diverse. It takes place at the Winnetka Village Green from
2:00 p.m. to 5:00 p.m. on July 26.
OTHER BUSINESS
NONE
XII1,
XIV.
Minutes of July, 13, 2015 Board Meeting:,
WARRANTS
Trustee Ramos presented the Warrant Registers for July 13, 2015, in the amount of
$334,635.92. He moved that the Warrants be approved as presented. Trustee Witko
seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear ave Tr. Minx ave Tr. Pietron ave
Tr. Ramos ave Tr. Thill ave Tr. Witko aye
Karen Laner appeared before the Board representing Bike Morton Grove. This is the group's
six -month anniversary. Ms. Laner thanked the Village's leaders and community groups, and
everyone who has been supportive of Bike Morton Grove's efforts. She read the group's
Mission Statement, which says "Bike Morton Grove is an advocacy group that promotes
Morton Grove as a bicycle - friendly place with events and initiatives that work with and educate
community groups, Village leadership, and community members." Ms. Laner added that the
group has a Facebook page ( "Bike Morton Grove'). She said they had a community bike ride
in June which was a lot of fun, and the group is planning a community bike ride in the fall. The
group is also starting to work with local schools to promote biking to school. Ms. Laner
encouraged anyone interested in getting involved with the group to reach out to Trustee Witko,
who can get messages to Ms. Laner, or to contact the group via its Facebook page.
Mayor DiMaria thanked Ms. Laner and
commented that
their group has 161 "likes"
have them soon. She said Mother
for its
Facebook page. He challenged Morton
Grove residents
to bring that number
up to
400!
2 Georgianne Brunner thanked the Board and Village staff, the Park District employees, the
Park Board, the Public Works Department staff, EMA, and the Police and Fire Departments —
Mike Weitzel and Bill Porter —for all their support of the Morton Grove Days festival. She a
Iso thanked all the committee chairs, the volunteers, the sponsors, and the donors for their
generosity and all their hard work.
a. Ms. Brunner said the Morton Grove Days
Commission doesn't have final numbers yet, but
hopes to
have them soon. She said Mother
Nature
cooperated and the festival was very
crowded
on the second and third nights.
Everyone
had a good time!
b. Trustee Pietron commented that people don't realize how much time, effort, and money it
takes to put on a multi -day festival. Ms. Brunner agreed, saying the Commission is already
beginning work on next year's festival.
Minutes of July 13, 2015 Board Meeting
XV. ADJOURNMENT
Trustee Pietron moved to adjourn the meeting, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear Me Tr. Minx ave Tr. Pietron ave
Tr. Ramos aae Tr. Thill afe Tr. Witko aye
The meeting adjourned at 7:38 p.m.
PASSED this 10th day of August, 2015
Trustee
Grear
Trustee
Minx
Trustee
Pietron
Trustee
Ramos
Trustee
Thill
Trustee
Witko
APPROVED by me this 10th day of August, 2015
Daniel P. DiMaria, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 11th day of August, 2015,
Connie J. Travis, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by. Teresa Cousar
J
%= Village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 4, 2015
Re: Plan Commission Case PCIS -05: Dunkin' Donuts, request for a Special Use
Permit for a Drive - Through Facility for a New Restaurant, in accordance
with Section 12 -4 -3 :D of the Morton Grove Unified Development Code
(Ordinance 07 -07) at 9480 Waukegan Road, Morton Grove, IL
Commission R. W=
Public Hearing Notice
The Village provided public notice of PC 15 -05 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015.
Background
Mr. Abdul Panjwai, Panjwani Restaurant Networks, 6213 Howard Street, Niles, IL 60714, is
applying for a special use permit to operate a restaurant with a drive - through facility at 9480
Waukegan Road in the CI General Commercial District.
j
I
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9480 WAUKEGAN ROAD CONTEXT MAP
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
The Unified Development Code requires a special use permit for drive - through facilities in the
Cl District. (Section 12- 4 -3:D) Founded in 1986, the Panjwani Restaurant Networks operates 11
Dunkin Donuts located in Skokie, Glenview, Niles, Wilmette, and Park Ridge.
The subject property is located on the west side of Waukegan Road between Golf Road and
Emerson Street and is improved with a 1,566 sq. ft. single story commercial building, which is
currently vacant. The property is zoned Cl General Commercial District. The properties to the
north and south are also commercial entities, while the properties to the west, across an alley,
are residential.
Overview of the Application
The applicant proposes to demolish the existing single -story commercial structure and replace it
with a 1,833 sq. ft. one -story commercial /restaurant building with a drive - through. The facility
would be designed to accommodate eight (8) queued vehicles for the drive - through and
includes a 12 space parking lot at the front of the store for employees and walk -in customers.
PROPOSED SITE PLAN
EX. MONUMENT SIGN
TO REMAIN. REFACE,
SEE A -4
m CLEARANCE BAR DT ENTRANCE
DIRECTIONAL SIGN.
EXISTING PROPERTY LIN (1210)') V.I.F. SEE A -4
\ m a
qR IX. BENCH Fj
> n-y •1 7, m 22 OI�O
s o� 111 ! i= l0 0 a S
Ew TRASH � o
jII TRASH ENCL. •4 - CONCRETE
z SEE L -1. 1 25' -0° TYP. 9 AS REO'D. O
4 >v PROPOSED DUNNI DONUTS 5� ARKINC ASILE
1833 sq.N, (Gm Aron) RESERVED HANDICAP
J9• 2 PARKING SIGN. 6 x 3 e
SEE L -1.
J
z
i 4 EXISTING CATCH
2' -6' -O 32' -8' �6 BASIN 6
ARD-
_M
h
_ 8) G
L -1 NEW PARKING—/ a, -' pzl• DEMO EXISTING TREE
TWA, ) LOT LIGHT 'o .�,u AS SHOWN DASHED.
REMOVE Ex. LIGHT F
AS SHOWN DASHED.
4^ q �— IRECnoNAl y c � . • WHN NEW AS SHOWN
NEW CONC.
SIGN. p y 'N
F f2NllOV eF FCURB, TP, z Y NEW RELOCATED LIGI
--TINE O(NM1' SEE A -4'D ,.
Operations
The applicant's proposed Dunkin' Donuts restaurant would operate 24 hours. They anticipate
that 65% of their daily business will be completed by 10 AM, with a peak morning rush
occurring from 7:30 AM -8:30 AM. The facility would operate with a maximum of four (4)
employees on site at any one time.
f0]
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Two methods will be used to deliver food and supplies to this location. A van will be used for
the daily food deliveries and a larger truck for weekly deliveries. In order to minimize conflicts
with their peak hours, the daily delivery van is scheduled to arrive around 3AM, while the
weekly delivery truck would be scheduled to arrive sometime after the morning peak time. The
applicant states that the front parking lot will be used to accommodate all delivery vehicles.
Parking and Tr if is Analysis_
Traffic Impact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Gewalt Hamilton Associates (GHA) to complete a traffic and parking study for
the proposed restaurant ("Traffic Impact Study- Proposed Dunkin 'Donuts," dated June 8, 2015).
The site will be accessed via Waukegan Road, through a new proposed driveway, which will be
relocated to be closer to the south property line of the site. At this point, Waukegan Road has
two travel lanes in each direction and a two -way center turn lane. During the peak hour of
7:30AM- 8:30AM, GHA predicts Dunkin' Donuts will generate 100 inbound and corresponding
outbound trips to /from this site. GHA notes that based on studies of other area Dunkin' Donut
restaurants, it is projected that 65% of their customer base will come from established traffic
already utilizing Waukegan Road. Based on this, GHA projects the proposed Dunkin' Donuts
would add approximately 70 new combined inbound and outbound trips to /from this site.
GHA also notes that 65% of Dunkin' Donuts' customer base typically are traveling in the
direction that facilitates right -in and right -out turn movements, thus minimizing the number of
potential left turns in and out of the site. Based on data available from other similar Dunkin
Donuts facilities and the existing conditions along Waukegan Road, GHA concludes that the
potential impacts on traffic volumes and operations on Waukegan Road would be very limited.
Drive - Through
The Dunkin' Donuts drive- through facility would have queuing space for eight (8) vehicles.
Vehicles would enter the drive - through via the front parking lot and travel around the north and
west sides of the building to the service window on the south side of the building. They would
egress straight ahead to the proposed relocated driveway, back onto Waukegan Road.
GHA reviewed wait times for 14 existing Dunkin' Donuts drive - through locations around the
northern Chicago area, from 2011 -2014. Two of these facilities (Arlington Heights and Round
Lake) include queuing for eight (8) vehicles, similar to what is being proposed at this location.
For these facilities, the queuing wait times during morning peak time were 3 minutes 30
seconds and 4 minutes, respectively. None of the Dunkin' Donuts surveyed had a queue time
greater than 4 minutes. Based on their review of similar facilities, in the context of this site,
GHA concluded that the proposed drive- through should meet the expected vehicle stacking
demand.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code: "For special uses, the proposed parking
standards identified in subsection I, `Required Spaces By Use', of this section, shall be advisory
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
3
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
recommendation or study
prepared by the
village
staff
or village consultants or any pertinent
village commission
and the
recommendation
of the
plan
commission."
The parking requirement for a restaurant use is one (1) space per 150 sq. ft. of gross floor area
(Section 12- 7 -3:I). As such, 12 parking spaces would be required for the proposed 1,830 sq. ft.
restaurant. The applicant's plan includes a total of 12 parking spaces, 11 standard spaces and
one (1) ADA compliant space, which meets the basic code requirements. However, as noted
above, the parking standards in the ordinance are advisory to the Plan Commission for special
use applications and should be reviewed in conjunction with the traffic /parking study.
For this study, GHA reviewed data from 2011 -2014 for 10 other Dunkin' Donuts, during the
7:30AM- 8:30AM peak hour period. GHA found only one (1) location had a higher parking
demand (14 vehicles) than the 12 parking spaces that would be provided at this location. GHA
notes that the facility in question, in Palatine, is a much larger restaurant than the one
proposed in Morton Grove. Other than that facility, no other existing Dunkin' Donuts restaurant
included in their survey had a parking demand greater than 10 spaces. Further, for the two
Dunkin' Donuts locations with similar 8 vehicle drive - through queues (Arlington Heights and
Round Lake), the peak hour parking demand was eight (8) and five (5) spaces, respectively.
The consultant's observations were of each of these restaurants overall parking demand, during
the peak times, which included both customers and any employees who drove to the site. (See
parking study Exhibit 9.)
The applicant notes that 80% of their employees generally use public transportation, which
helps to minimize parking demands at their facilities. The applicant expects this to continue at
the proposed Waukegan Location as the site is accessible via PACE bus 210 along Waukegan
and the PACE bus 208 along Golf Road,
Parkino Reauirements and Demand nvar iaw
Building /Site
Parking Requirement (Sec.
Average Peak Hour
12 -7 -3 -I )
Parking Demand 1
Proposed 1830 sq. ft.
12 spaces
8 spaces
Dunkin' Donuts restaurant
(1 space/ 150 sq. ft. for
restaurant use)
oaseo on oars Tram lu simaar Dunkin' Donuts, per GHA's traffliVparking study
Based on the actual parking demand data of similar Dunkin Donuts restaurants, in the context
of the proposed layout of this site, GHA concludes that the proposed 12 parking spaces will be
sufficient to meet the peak hour parking demand for both employees and customers for this
proposed location.
Commission Reviews
Appearance Commission
The applicant presented their proposal to the Appearance Commission at their July 6, 2015
meeting. The Commission voted unanimously to grant an Appearance Certificate for the new
facility with the condition that the proposed sod along the northern, southern and western
edges of the property would be replaced with alternate vegetation, such as native grasses with
mulch, which will be easier to maintain.
I
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Traffic Safety Commission
In accordance with Section 12 -16 -4 of the Unified Development Code, the applicant appeared
before the Traffic Safety Commission (TSC) at their July 9, 2015 meeting. The TSC reviewed the
application and testimony and unanimously recommended approval of this project with the
conditions suggested by staff. (See attached TSC Staff Report, dated July 13, 2015)
July 20, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
Reena Panjwani, Panjwani Network Restaurants; Atul Karkhanis, Karkhanis Architects, Ltd; and
Tim Doron, Gewalt Hamilton Associates were sworn in.
Ms. Panjwani reviewed the plan for a 24 hour drive -thru Dunkin Donuts at 9480 Waukegan
Road. Their initial thought to maintain the existing building and to add a drive - through was not
possible due to the resulting drive aisle widths and existing parking configuration. They have
since developed the current proposal where the existing building would be demolished and a
new restaurant constructed that would provide appropriate space for a drive - through and
accommodate more parking than the existing lot has to offer.
Mr. Karkhanis, architect for the project, reviewed the plans and asked if there were any more
questions regarding the request for the special use permit.
Commissioner Gabriel asked about the requirement for building entry and exiting points. He
noted that there are two (2) doors, one for patron entry on the east side from the parking lot
and one on the side from the preparation area but it appears neither the employees nor the
patrons could access the other door readily. John Komorowski, Building Official, clarified the
required building entry points are based on the number of occupants and that the travel
distance for people to exit the building is 75 ft. He stated that he believes this building meets
all applicable exiting requirements. In addition, the building will be fully sprinkled.
Commissioner Gabriel then noted that he was concerned about the lighting of a 24 hour
operation, given the residential properties located to the west, across the alley. The proposed
foot candle levels at the entrance and exit are high. Mr. Karkanis said the lighting plans meet
the lighting standards used at other facilities, but assured the Commission that they would alter
the plan as necessary to meet the Village Code requirements. Commissioner Shimanski noted
that he supported the proposed lighting plan as the higher light levels were located away from
the residential properties and such light levels will help keep the parking lot safe.
Commissioner Gabriel also noted a concern with the menu order board facing to the west; he
was concerned about potential impacts on residents at night. Mr. Karkanis stated the distance
from the order board to the residential properties is 32 ft.; that would result in 50 decibels
which is a normal office level. He also noted that the volume could be turned down at night, if
necessary.
Commissioner Dorgan asked if there would be any cooking on site, and if the daily delivery
truck that would arrive around 3AM might be disturbing to the residents to the west. Ms.
Panjwani stated that the donuts and similar pastry foods are not cooked on -site. She stated
the delivery trucks would park in front of the store and the food would be rolled in on racks.
5
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Commissioner Blonz asked for clarification regarding proposed traffic volumes in the traffic
report. Specifically, he was concerned that the traffic study stated that every two (2) minutes
there is a car going northbound turning into this property; however he felt the southbound
traffic would not allow for the northbound traffic to turn left into the lot. He also asked if the
proposed two lanes driveway, one for entry and one for exiting, would be sufficient; he
expressed concern that a driver seeking to turn left from the site, might cause back -ups of
other vehicles trying to exit the site. Mr. Doran, GHA, stated that the traffic light at Golf and
Waukegan just north of the subject property is timed so that it will allow for the traffic gaps;
this will facilitate vehicles heading northbound and turning left. He clarified that the study was
conducted over a 2 hour period of time and there should be no traffic problems during peak
hours of operation as no potential challenges were observed.
Commissioner Blonz asked if all the parking spots would actually be used since the majority of
business is drive - through service and, if not, could one of the parking spaces be eliminated to
add a second exit lane from this site. Mr. Doran stated he did not believe the volumes
warranted a second exit and would not like to lose the parking space. He further stated that he
had reviewed this plans with the Village Engineer, Chris Tomich, and the Traffic Safety
Commission, and both seemed satisfied with this configuration.
Commissioner Gillespie asked if the drive through menu board could be moved to the north side
of the building, so the noise would be directed away from the residents. Mr. Doran stated it is
located in such a way to best facilitate the drive through queue and he would not recommend
moving the location.
Commissioner Gabriel
asked what time of day the trash would be
picked up.
Ms. Panjwani said
it would be scheduled
between 11:00 am and 2 pm. It is typically
scheduled
to be picked twice
a week, but schedules
at each
restaurant are altered
to accommodate the
volumes
of trash.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. There
was no response.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion on this case.
Commissioner Gabriel moved to recommend approval of Case PC 15 -05, request for a Special
Use permit for a drive - through facility for a new restaurant, in accordance with Section 12 -4-
3:1) of the Morton Grove Unified Development Code (Ordinance 07 -07), at 9480 Waukegan
Road, with the following conditions:
1. The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, including:
A. Proposed Site Plan, submitted by Atul Karkhanis architects, dated 6/08/2015;
B. Proposed Floor Plan, submitted by Atul Karkhanis architects, dated 06/08/2015;
C. Proposed Exterior Elevation —South submitted by Atul Karkhanis architects, dated
06/08/2015;
G
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
D. Proposed Exterior Elevation —north submitted by Atul Karkhanis architects, dated
06/08/2015;
E. Proposed Photometric Plan by atul Karkhanis architects, dated 06/08/2015;
F. Proposed Landscape Plan by atul Karkhanis architects, dated 06/08/2015 as
amended by Appearance Commission on July 6,2015; and
G. Traffic Study, submitted by Gewalt Hamilton Associates Inc.., dated 6/08/2015
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
A. Any pre - approval of the proposed plans by the Village staff is contingent upon
the applicant providing proof of permit approval by the Illinois Department of
Transportation for all proposed work within the right -of -way.
B. The south flare of the proposed driveway apron appears to encroach into the
frontage of the adjacent property to the south. Staff prefers the apron to be
placed completely within the frontage of the site.
C. The proposed sidewalk, especially through the proposed driveway, shall comply
with the Americans with Disability Ace (ADA) guidelines and IDOT construction
details.
D. GHA notes in the traffic impact study in "Drive Thru Operations, that "the site
civil engineer should run AutoTurn to ensure vehicles of all sizes can navigate the
drive -thru around the building." The drive -thru clearance bar on plan sheet SS -6
shows a 9 ft. clearance. It is unclear how all design vehicles will be
accommodated within the site. This should be clarified with an exhibit.
E, Garbage pickup procedure should be clarified. Proposed service pick up will be
between the hours of 11:00 am and 2:00 pm twice weekly.
F. Snow removal procedure should be clarified, especially how the drive -thru lane
will be maintained.
3. The audio system for the drive through menu board shall have an adjustable volume
control and the volume of such system shall be reduced in the evening and overnight
hours, to minimize impacts on abutting residents.
4. Should the Director of Community and Economic Development, Village Engineer and /or
Police Chief be advised of any significant vehicular /pedestrian traffic or parking issues
related to the operation of the drive - through facility, the owner shall be required to
develop and submit a plan to the Village Administrator within 14 days of notification by
the Village. Such plan should outline specific ways to address or mitigate the issues
identified and will be reviewed by the Director of Community and Economic
Development, Village Engineer and Police Chief, who will be charged with making
suggested changes and /or recommending approval of the plan to the Village
Administrator. Any remedies which alter the nature of this approved use may require an
amendment of the special use permit and further review by the Traffic Safety
Commission.
The motion was seconded by Commissioner Gillespie. The application was unanimously
recommended for approval (6-0, Khan absent).
7
COMMISSION REVIEWING: TRAFFIC SAFETY
ATTACHMENT: I.
VILLAGE
OF
MORTON
GROVE
ILLNOIS
PLAN
REVIEW
DEPARTMENTAL
COMMENT
DATE DISTRIBUTED:_
CASE NO:_PC 15 -05
APPLICANT' D unldn nom ts-9460.s":ai k aan regi,xr f ,: ate::
with Drive - Through (All drive - through facilities require special use
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS,
COMMENTS OR CONCERNS (Discuss Briefly)
1. Any pre - approval of the proposed plans by Village staff is contingent upon the applicant providing
proof of permit approval by the Illinois Department of Transportation for all proposed work within the
right -of -way.
2. The south flare of the proposed driveway apron appears to encroach into the frontage of the adjacent
property to the south. Staff prefers the apron to be placed completely within the frontage of the site.
3. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans
with Disability Act (ADA) guidelines and IDOT construction details.
4. In the Traffic Impact Study, GHA states it understands 12 vehicle parking spaces meet Village code. The
specific number of spaces required by Village code should be explicitly stated.
5. The days and hours of operation need to be clarified.
6. The number of employees on -site at any given time needs to be stated to complete a staff review.
7. GHA note in the Study stated in 'Drive Thru Operations' that "the site civil engineer should run
AutoTurn to ensure that vehicles of all sizes can navigate the drive -thru around the building." The
drive -thru clearance bar on plan sheet SS -6 shows a 9'0" clearance. It is unclear how all design vehicles
will be accommodated within the site. This should be clarified with an exhibit.
8. Garbage pickup procedure should be clarified.
9. Snow removal procedure should be clarified, especially how the drive -thru lane will be maintained
These comments accurately represent existing Village regulations or policies.
Traffic Safety Commission:
Date• l L 1 a 121 e�-
Toe Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner plg��
Date: August 4, 2015
Re: Plan Commission Case PC15 -06: Morton Grove Animal Hospital, request
for a Special Use Permit for a Mixed Use Development for an animal
hospital with accessory kennel services and second floor residential unit,
in accordance with Section 12 -4 -3 :D of the Morton Grove Unified
Development Code (Ord. 07 -07) at 9128 Waukegan Road
Commission ReDOrt
Public Hearing Notice
The Village provided public notice of PC 15 -06 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code, The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015.
Back round
Brian Harris, DVM, owner of Morton Grove Animal Hospital, is applying for a special use permit
for a mixed use development to construct a new animal hospital, with accessory kennel services
and a second floor residential unit at 9128 Waukegan Road.
TWI a 6951 6841 r6St9 91Q , opi6665'68Q1) § 1 6663 66
7 i p
t
4L I
J m
u i
9128 WAUKEGAN ROAD CONTEXT MAP
Plan Commission Report - August 41 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
The proposed two -story, mixed use structure will be 6,040 sq. ft. The Unified Development
Code requires a special use permit for mixed use developments in the C1 District. (Sec. 12-4 -
3:D)
The Morton Grove Animal Hospital has been located at 9128 Waukegan Road since 1957 and
according to the applicant there has always had a second floor residential unit, used by hospital
staff. They also currently have an accessory kennel area. The existing site includes fifteen
parking spaces: six (6) in the front and nine (9) spaces in the rear of the building.
The subject property, 9128 Waukegan Road, is located on the west side of Waukegan Road
south of Church Street and is currently improved with a 4,600 sq. ft. two story mixed use
building. The properties to the north and south along Waukegan Road are also commercial,
while the properties to the west, across an alley, are residential.
Overview of the Application
The applicant is proposing to reconstruct the nearly 60 year old facility to increase the capacity
of and generally update the animal hospital, provide additional customer parking, improve site
circulation, and modernize the second floor residential unit.
Proposed Redeveloped Site Plan
1
0
i
Morton Grove Animal
Hospital
is proposing to
operate their
business within
the new facility in
the same manner as
in their
current facility.
The hours of
operation will
remain as follows:
2
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Monday through Friday from 8AM -Noon and 2PM -6PM, and Saturdays from 8AM -3PM. The
reconstructed facility would increase the number of animal examination rooms from three (3) to
six (6) along with ancillary operational space such as offices and storage. The hospital would
continue to have a maximum of eight (8) employees at the facility during their peak times. In
addition to veterinary services, the owners' also will continue to provide accessory kennel
services for animals.
The Unified Development Code requires a special use permit for all mixed use developments in
the Cl District (Section 12- 4 -3:D). As part of their special use application, the applicant is also
seeking two variations to the Unified Development code, as follows:
11 Waiver to the 5 ft, required side yard setback (Section 12- 4 -3:E) on the north side of the
property to allow for an 2' -7" setback for a portion of the building; and
2. Waiver to the maximum 7 ft. fence height requirement for fences in Commercial Districts
(Sec. 12- 3 -5:C) to allow for an 8 ft. high fence around the proposed animal run area.
Zoning Analysis /Variations Reg uet sted
The proposed 6,040 sq, ft. facility would comply with dimensional controls for structures within
the CI District except for the side yard setback dimension for a portion of the building along the
north property line and proposed fence height for the animal exercise yard, as follows:
Dimensional
Ordinance
Proposed
Comment
Control
Re uirement
Front Yard
0 ft.
5 ft.
Compliant
Sec. 12 -4 -3:E
Side Yards
0 ft. or not less than 5
2 =7 °(north property
2A4" waiver required
ft. if a side yard is
line)
(north property line)
provided
(Sec. 12- 4 -3:E)
14' -2" (south property
Compliant (South property
line)
line)
Rear Yard
10 ft.
20 ft.
Compliant
abutting an alley
Section 12 -4 -3:E
Building Height
40 ft.
24 ft.
Compliant
Section 12 -4 -3:E
FAR
2.0
0.48
Compliant
Section 12 -4 -3:E
Fence
7 ft. height
8 K:
1 tit, waiver required
Section 12 -3 -5:C
As shown above, the applicant is seeking approval of two variations as part of this special use
permit: a waiver of 2' -5" to the 5 ft. minimum side yard setback requirement (Section 12- 4 -3:E)
for a portion of the building along the north property line and a 1 ft. wavier to the 7 ft.
maximum fence height limit (Section 12- 3 -5 :C) for fence around the designated dog run area.
The applicant is requesting the reduced side yard setback for a portion of the building along the
north property line in order to accommodate a gabled roof at the front entry. According to the
architect, if that portion of the building is built at the property line, a fire rated parapet wall
would need to be provided and the roof would need to be flat versus gabled. The applicant
indicates that the gable roof is preferred to improve the building's design and overall character.
3
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
The applicant is also seeking a waiver to the 7 ft. maximum fence height requirement in
commercial districts to allow for an 8 ft. high fence around the animal exercise area on the
southwest side of the property. The applicant has stated that the increased height is necessary
to ensure the safety of the animals and secure the exercise area so no animal could leap over
the fence. The applicant states a 7 ft. fence can still be traversed by some animals.
While staff does not have an issue with this fence - height waiver for this small exercise area, the
Village Engineer notes concern with the solid nature of proposed fence as the animal exercise
area is part of the area which the applicant's engineer has designated, with consent from the
Department of Public Works, to provide overland route for stormwater flows. Since this site is
within an area of Morton Grove that is more prone to flooding, proper drainage of stormwater is
important. The currently designed solid fence will inhibit the natural drainage patterns. Village
staff has advised the applicant's representative about this concern and the applicant's
representative has stated that it will be addressed.
Parking and Traffic Analysis
Traffic Impact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Gewalt Hamilton Associates (GHA) to complete a traffic and parking study for
the proposed redeveloped and expanded facility ("Traffic Impact Study- Morton Grove Anima/
Hospital Expansion," dated June 12, 2015).
Currently, vehicles access the site via two different points; this will be maintained for the
redeveloped site. Specifically, employees access the site via the alley, while clients access the
site to /from Waukegan Road. At this point, Waukegan Road has two travel lanes in each
direction and a two -way center turn lane. The alley behind (west of) the facility is accessed via
Church Street to /from the north.
In the submitted traffic study, GHA projects that the Animal Hospital would generate only 9 -10
trips (both directions, combined) during the weekday and evening peak hours. This is based on
the nature of business. Most visits are via scheduled appointments that are limited by the
number of examination rooms (6) and staffing levels. Based on the operations of this business,
in the context of the site location, GHA concluded that the impacts on traffic volumes and
operations on Waukegan Road would be very limited with the expansion of this business.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code, "For special uses, the proposed parking
standards identified in subsection I, Required Spaces By Use', of this section, shall be advisory
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
recommendation or study prepared by the village staff or village consultants or any pertinent
village commission and the recommendation of the plan commission."
The parking requirement for an animal hospital use is 1.5 parking space for each examination
room and 1.75 per apartment (Section 12- 7 -3:I) for the residential unit. As such, eleven (11)
parking spaces would be required based on six (6) examination rooms and one (1) residential
■
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
apartment. The applicant's plan includes a total of 22 parking spaces. Thirteen (13) customer
parking spaces, 12 standard spaces with one (1) ADA compliant space, will be provided in front
of the new building, while nine (9) employee parking spaces will located in the rear of the
building. As noted above, the parking standards in the ordinance are advisory and should be
reviewed in conjunction with the applicant's submitted traffic study.
For this traffic /parking study, GHA observed the customer parking demand at the existing
animal hospital on Tuesday June 9, 2015 while concurrently conducting traffic counts. The
study notes that at no point were more than three (3) vehicles observed in the client parking
area. With the increase in examination rooms (from 3 to 6), GHA projects the parking demand
will increase to six (6). The existing staff parking area will remain at nine (9) spaces and will
continue to be located behind the building, separated from the customer parking area.
nn"IA.. `-- -- - - - -..
Building /Site
Parking
.- .�..�an �cna WVCI
Parking
VICW
Observed
and Projected
Req% Sec.
Provided
Parking Demand
12 -7 -3 -I
Mixed use
11 spaces
22 spaces total
15 spaces
animal hospital
required
(6 customer + 9 employees spaces)
with 6 exam
(1.5 space per
rooms and 1
exam room
residential unit
+1.75 spaces
per
apartment).
As described in the traffic /parking study and shown above, the proposed 22 parking spaces
should exceed the projected parking demand.
Commission Reviews
Appearance Commission
The applicant presented their proposal to the Appearance Commission at their July 61 2015
meeting. The Commission voted unanimously to grant an Appearance Certificate for the new
facility.
Traffic Safety Commission
In accordance with Section 12 -16 -4 of the Unified Development Code, the applicant appeared
before the Traffic Safety Commission (TSC) at their July 9, 2015 meeting. The TSC reviewed the
application and testimony and unanimously recommended approval of this project with the
conditions suggested by staff. (See attached TSC Staff Report from the Village Engineer, dated
July 13, 2015)
July 20, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
Brian Harris, DVM; Katie Bertoglio, DVM; Robert Edwards, RWE Management Company; and
Tim Doron, Gewalt Hamilton Associates were sworn in.
5
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Robert Edwards, owner of RWE Management Co, who specializes in development, design and
construction of animal facilities gave an overview of the proposal for the new animal hospital.
The proposed L- shaped building was designed as such to accommodate on -site detention and
to provide more parking. The design of the facility and site provides an overflow route that
allows storm water to flow towards the east away from the alley.
Commissioner Shimanski asked about the need for the 2nd floor residence. Mr. Edwards replied
there needs to be a staff member on site at all times due to the care of sick animals that may
need 24 hour care. The residence could also be used to house interns at no cost. Shimanski
asked if the residential unit would be used on rotating basis or if it would be used as a
permanent residence for one person. The applicant indicated that they hadn't fully vetted that
yet, but anticipates it would be used as a permanent residence for one of their technicians.
Commissioner Blonz inquired about the outdoor dog exercise area on the south side of the
facility and if noise from the dogs would disturb surrounding neighbors. Mr. Edwards stated the
area is a supervised dog exercise area and a place to put the animals while their kennels are
being cleaned. As the area is completely under supervision, there would never be a noise
problem with the neighbors. There is also a contained outdoor area adjacent to the rear of the
property, along the alley, for hospitalized animals to relieve themselves and obtain samples of
urine, again under supervision. Both areas would be fenced.
Commissioner Blonz asked how drainage flows would be accommodated, given the proposed
fencing. Mr. Edwards explained that the fencing would be modified, as needed, to allow the
stormwater to flow through.
Commissioner Blonz asked for a better explanation of the proposed gabled roof design and how
that impacts their ability to comply with the setback requirements. Mr. Edwards said the
building is designed to have a residential appearance along the front facade to demonstrate the
warmth of a residential building. The unified development code states that the structure either
has to be on the lot line or 5 ft. off the lot line. The majority of the building would comply with
the code but the front of the building on the north end requires a waiver for the gable roof.
Commissioner Blonz asked for clarification that the waiver request is simply for design? Mr.
Edwards explained that he and the architect feel this design makes an improvement on the look
of the building and the community as a whole. When the design was conceived, they were not
aware of the code.
Commissioner Blonz inquired if there would be a problem with just 2.5 feet for the portion of
the building the applicant is proposing. Commissioner Shimanski stated that if the adjacent
parcel to the north were redeveloped with a building along the property line, which is what is
permitted by code, there would only be 2.5 feet between buildings. Such a distance would be
detrimental to public safety and hard to maintain. Shimanski asked the applicant why they
couldn't simply remove 2.5 feet from the interior building space, so that they could comply with
the 5 ft. setback requirement.
Mr. Edwards stated they designed the front portion of the facility with a 2.5 ft. setback to
maximize the waiting area for the animals, while still having enough setback from the property
line to allow for the gabled roof along the front facade.
I
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Commissioner Shimanski expressed concern with the 2.5 ft. variance because he did not believe
they had explored other viable design options. For that reason, he believed it to be a self -
imposed hardship. Commissioner Blonz asked if the entire building could be constructed
directly along the property, eliminating the 2.5 ft. setback altogether. Mr. Edwards reiterated
that they preferred the gable roof along the front facade, and would not be able to do that with
a 0 ft. setback as the roof eave would extend over onto the abutting property.
Commissioner Shimanski stated that in viewing the floor and site plans, he believes there are
other ways to eliminate the need for a variance to a side yard setback. He reiterated that he
did not believe the applicant provided sufficient justification that the variation was not self -
imposed.
Chairperson Farkas asked how someone would be able to enter the 2.5 ft. area that is between
the property line and the building and how they would maintain it, without encroaching onto
the abutting property. Mr. Edwards said it's a small landscape area that is approximately 30
inches wide, which can be entered from the front. He stated that it could be maintained fully
on site, by stepping over the shrubs and landscaping material.
Commissioner Gabriel expressed concern about the depth of this narrow area, particularly if the
abutting site is redeveloped with a building on the lot line. Commissioner Shimanski expressed
a similar concern, and reiterated that this could be safety and maintenance issue.
Commissioner Gabriel asked if the length of this area could be reduced to 5 or 6 ft. deep
instead of the currently proposed 15 ft. length. Mr. Edwards said the applicant could
accommodate that change and noted that they thought it would be a good compromise.
Commissioner Shimanski again stated he feels this is a self- imposed hardship and there are
other ways to design the redeveloped facility without a variance.
Commissioner Blonz asked Tom Doron, GHA traffic engineer, if this proposal would have an
adverse impact on Waukegan Road. Mr. Doran responded that this traffic study was done
during peak hours and given the minimal trips generated to /from this site, any impacts would
be very limited.
Public Hearing — Public Comment
Chairperson Farkas asked if there was anyone present that wanted to be heard.
George Mannis, 9133 Sayre, stated he had concerns about the drainage and water retention in
the alley. During the winter months with thawing and freezing the alley becomes an ice rink
and in the summer there is often standing water, Mr. Edwards stated that the proposed
building will be raised up and the grade will be re- pitched. They cannot resolve the existing
drainage issues in the alley, but their design will make the situation better, not worse, than the
existing conditions.
Commissioner Blonz asked if the parking spaces in the back will be lower and why the drainage
doesn't go into the sewer. Mr. Edwards said the parking lot will not be lower, the building will
be pitched higher, and this will create a swale that will drain towards the east. Mr. Mannis
added that the alley is lower and the storm sewer line does not go that deep.
7
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Mr. Mannis was also concerned about the noise from the kennel area and asked about the type
of material that would be used in the construction of the rear wall, Mr. Edwards stated the wall
is a CMV material and will contain the noise.
Mr. Mannis also inquired if there would be a double door used for the entrance way to contain
the noise to /from the dog run area on the south the building. The double door could act as an
air lock. Mr. Edwards said that putting in a vestibule would not help and he does not feel there
will be a problem with the noise.
Katie Bertoglio, DVM, co -owner of Morton Grove Animal Hospital, explained that the door leads
out into the dog run yard, which will have an 8 ft. high fence all around. She believes this will
help contain the noise.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any additional questions or discussion.
Commissioner Gabriel stated that if the building was redesigned to shorten the depth of the
portion of the building with the reduced setback, from 15 ft. to 5 -6 ft. in length, it would
minimize his safety and maintenance concerns. Reducing the length of this alcove area would
be particularly important to him in light of possible future redevelopment of the property to the
north. If that could be changed, then he wouldn't have as much of an issue with the requested
waiver.
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion to approve this case.
Commissioner Gabriel moved to recommend approval of Case PC15 -06, request for a mixed use
development for an animal hospital, with kennel services and a second floor residential unit, in
accordance with Section 12 -4 -3:D of the Morton Grove Unified Development Code (Ordinance
07 -07) at 9128 Waukegan Road, with the following recommendations:
1. The
site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, and in accordance with Condition 2., below,
including:
A.
Architectural Site Plan, submitted by Linden Group, dated 5/27/2015;
B.
Preliminary Engineering, submitted by Linden Group, dated 5/27/2015;
C.
Landscape & Tree Preservation Plan submitted by Linden Group, dated
5/27/2015;
D.
Photometric Site Plan submitted by Linden Group, dated 5/27/2015;
E.
Preliminary North & West elevations submitted by Linden Group, dated
5/27/2015;
F.
Preliminary East and South elevations submitted by Linden Group, dated
5/27/2015;
G.
Preliminary First Floor Plan submitted by Linden Group, dated 5/27/2015; and
H.
Preliminary Second Floor Plan , submitted by Linden Group, dated 5/27/2015
■
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
2. The applicant shall modify all building and site plans, as necessary, such that no more
than 6 ft. of the northeast portion of the building may be setback 2' -7" from the north
property line; the remaining portion of the north building line shall comply with the
established setback requirements in Sec 12- 4 -3:E. Such modified plans shall be
submitted as part of the building permit review process.
3. The applicant shall submit updated fence design details for review and approval by the
Village Engineer, to ensure that overland flow routes, designed by the applicant's
engineer, do not include impediments that restrict proper drainage flows. Such details
shall be submitted and reviewed as part of the building permit process.
4. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
A. Any pre - approval of the proposed plans by Village staff
applicant providing proof of permit approval by the
Transportation for all proposed work within the right -of -w
B. The proposed sidewalk, especially through the proposed
with the Americans with Disability Act (ADA) guidelines
details.
is contingent upon the
Illinois Department of
ay.
driveway, shall comply
and IDOT construction
C. All planned landscaping shall comply with the Village sight distance
requirements. Plantings which require constant maintenance, especially to
maintain sight distances, are not encouraged in IDOT's or the Village's right -of-
ways or where they might encroach therein. Proposed plantings along the east
property line should never be allowed to obstruct the existing or unloading of
vehicles parked in the adjacent parking spaces.
5, The applicant shall advise the Director of Community and Economic Development of any
proposed change in ownership or operation of the Morton Grove Animal Hospital and
corresponding residence. Such changes may subject the owners, lessees, occupants,
and users of 9128 Waukegan Rd to additional conditions and may serve as the basis for
further amendment to the special use permit.
Commissioner Shimanski noted that that although he supports Morton Grove Animal House, the
overall project, the special use for the mixed use development, and waiver to the fence height,
he would be voting against this application strictly due to his belief that requested waiver to the
sideyard setback requirement is self- imposed and unwarranted.
The motion was seconded by Commissioner Dorgan. The application was recommended for
approval (5 -1 -1; Commissioner Shimanski opposed; Khan absent).
E
COMMISSION REVIEWING: TRAFFIC SAFETY
ATTACHMENT: I.
VILLAGE
OF
MORTON
GROVE.
ILNOIS
PLAN
REVIEW
DEPARTMENTAL
COMMENT
DATE DISTRIBUTED:_
CASE NO:_PC 15 -06
M;961 .. . • . 5 . ., . .. . , Y... G. S, . P
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS.
COMMENTS OR CONCERNS (Discuss Briefly)
I. Any pre - approval of the proposed plans by Village staff is contingent upon the applicant providing proof of
permit approval by the Illinois Department of Transportation for all proposed work within the right -of -way.
2. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans with
Disability Act (ADA) guidelines and IDOT construction details.
3. All planned landscaping shall comply with Village sight distance requirements. Plantings which require
constant maintenance, especially to maintain sight distances, are not encouraged in (DOT's or the Village's
right -of -ways or where they might encroach therein. Proposed plantings along the east property line
should never be allowed to obstruct the exiting or unloading of vehicles parked in the adjacent parking
spaces.
These comments accurately repres n existing VIIIa r lations or policies.
Traffic Safety Commission:
Date: �5u L (3 , as
FR Village f Morton Grove
7- Department of Community Development
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Directories
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 4, 2015
Re: Plan Commission Case PC15 -07: Ultimate Fitness, request for a Special
Use Permit for a Physical Fitness and Health Service Use Greater than
1,000 sq. ft., to allow for the operation of a fitness center with private
classes and personal training (Ordinance 07 -07) at 6231 Dempster Street
Commission Renort_
Public Hearing Notice
The Village provided public notice of PC 15 -07 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015.
Background
David Englund, 8532 Marmora Avenue, owner of Ultimate Fitness, Inc., is applying for a special
use permit for a physical fitness facility greater than 1,000 sq, ft. at 6231 Dempster Street,
Ultimate Fitness is a specialized physical fitness facility that provides scheduled fitness classes
and personal training sessions. The Unified Development Code requires a special use permit for
all physical fitness and health services greater than 1,000 sq. ft. in the Cl District (Section 12-4 -
3:D).
t
jj l Tr Ii
I
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11 7�i x
J
11:
{s -i4:j t f JIJ JJrt %J
6231 DEMPSTER STREET CONTEXT MAP
Plan Commission Report —August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
David Englund owns and operates Ultimate Fitness. For the last 12 years, he has operated his
fitness facility at 823 Emerson Street, Evanston, but is proposing to move his businesses to
Morton Grove. He intends to operate the Morton Grove Ultimate Fitness location in a similar
manner to his Evanston location.
The subject property, 6231 Dempster Street, is located on the south side of Dempster Street
between Fernald and Ferris Avenues. The applicant's proposed location is a vacant 5,314 sq. ft.
tenant space located within a single story multi- tenant commercial building. There are currently
seven (7) parking spaces on site.
The property is zoned C1 General Commercial District. The properties that border the proposed
location along Dempster Street to the east and west are also commercial, while the properties
to the south, across the alley are residential. The Park District, Harrer Park and Civic Center are
located across Dempster Street.
Overview of the Application
The applicant has advised staff that Ultimate Fitness is a specialized fitness facility and is
operated on an appointment basis only for the personal training sessions and also includes
scheduled group classes. Ultimate Fitness will not operate as a traditional open gym where
customers workout at their own convenience.
Per the applicant's special use application, Ultimate Fitness is proposing to be open from 6AM-
9PM Monday thru Friday and 10AM -4PM on Saturday and Sunday. Group classes are typically
scheduled mid - morning (9:30AM) or early evening (5:45PM and 6:45 PM) and the maximum
class size is approximately 15 participants. Personal trainers would work with one or two clients
at a time. One trainer will be on -site for a training session or a class. In order to minimize the
potential conflicts due to overlapping parking demand, the applicant has stated he will stagger
the class times, allowing a minimum of 20 minutes between the end of one class and the
beginning of the next class.
Parking and Traffic Analysis
Traffic Impact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Eriksson Engineering Associates (EEA) to complete a traffic and parking study
for the proposed facility (Ultimate Fitness Traffic and Parking Study, dated July 8, 2015
revised).
The submitted traffic study notes that the traffic generated by the proposed Ultimate Fitness
will range from 30 trips per hour during the times where Ultimate Fitness operates classes to
only a few trips per hour when personal training sessions are scheduled. Based on the
applicant's intent to schedule the classes after the peak morning (9:30AM) and at the tail end of
evening commute periods (5:45PM and 6:45PM), EEA concludes that there will be a minimal
impact on existing traffic patterns on adjacent roadways.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code, "For special uses, the proposed parking
standards identified in subsection I, Required Spaces By Use', of this section, shall be advisory
2
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
recommendation or study prepared by the village staff or village consultants or any pertinent
village commission and the recommendation of the plan commission."
The parking requirement for a physical fitness and health service use greater than 1,000 sq. ft.
is one (1) space for every 150 sq, ft. of floor area (Section 12- 7 -3:I). As such, 35 parking
spaces would be required for the proposed 5,314 sq. ft. facility to meet ordinance requirements.
Staff notes that the parking requirements in the codes are more aligned with parking demands
for traditional fitness centers versus specialized training facilities. As noted above, the parking
standards in this ordinance are advisory to the Plan Commission for a special use application
and should be reviewed in conjunction with the submitted traffic and parking study.
As previously noted, the subject property where the applicant is proposing to locate his fitness
facility, is a multi- tenant commercial building. In addition to the space that would be occupied
by Ultimate Fitness, the other tenant spaces include: Seoul Travel Office, Foot Health Care
Center, and Family Dental Care. The site includes seven (7) off - street parking spaces behind
the building. An additional 17 public parking spaces exist along both sides of Fernald Avenue
just south of Dempster Street,
Per Section 12- 7 -3:1-13 of the Unified Development Code, the parking requirement for a multi -
tenant commercial building shall be modified to reflect that the parking stalls are shared among
disparate commercial uses that may operate during different points of the day. This is the case
with the proposed site, as Ultimate Fitness would share the available parking spaces with three
other commercial tenants.
PArkinn ..__._._. _ ..
Building / Site
Parking
Stand
Shared Parking Modifier for
Shared
Req't, Sec,
Alone
Time Period that Requires
Parking
12 -7 -3:1
Parking
Highest On -Site Parking 6PM-
Req't
Req't
2AM, Sec. 12- 7 -3:H.3
Ultimate Fitness
1 space per
35 Parking
90% (Entertainment /Recreation)
(6231 Dempster
150 sq. ft.
Spaces
32 Spaces
St.
(5,314 sq. ft.)
Seoul Travel
1 Space per
5 Parking
5% (Office)
(6227 Dempster
250 sq. ft.
Spaces
1 Space
St.
(1,349 sq. ft.)
Foot Health
1 Space per
5 Parking
5% (Office)
Center (6225
250 sq. ft.
Spaces
1 Space
Dempster St.)
(1,349 sq. ft.)
Family Dental
1 Space per
5 Parking
5% (Office)
1 Space
Care (6221
250 sq. ft.
Spaces
Dempster St.)
(1,349 sq. ft.)
Total
35 Req'd
Spaces
3
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
In order to evaluate the parking demand versus actual available parking, EEA's traffic study
included observations of parking spaces on Wednesday June 24, 2015 from 9AM to 7PM. During
the study day, EEA observed a maximum of four (4) occupied on -site parking spaces (peak =
noon hour) and no more than 1 of the total 17 spaces along Fernald Avenue were occupied
throughout the day. On the day EEA made their observations, the dental office was closed. In
order to account for their parking demand, EEA use the Transportation Engineers Parking
Generation Manual to project that this dental office would have a parking demand of two (2)
spaces. Staff notes that the dental office is only open two days per week, Monday and
Thursday. Based on their observations and data in the TEPG Manual, EEA determined the
existing parking demand would be a maximum of seven (7) vehicles, on days when the dental
office is open, and a maximum of five (5) vehicles on the other days.
EEA projects that the peak parking demand for Ultimate Fitness will be during a scheduled class
and would be approximately 16 spaces (based on a 15 person class size and one instructor).
EEA notes the peak parking demand would likely occur during the morning class time (9:30AM).
Staff notes that even if the peak parking demand for the existing businesses were maximized
during the same peak period for Ultimate Fitness, the projected maximum parking demand
would be 23 parking spaces, which could be accommodated by the 24 parking spaces available
(on -site and street parking).
Peak Parkinn ®scassmrant nvar iaw
Building /Site
Available
Required
Projected Peak
Parking Surplus
Parking
Parking -per
Demand (existing
shared parking
businesses +
ordinance
Ultimate Fitness
6231 Dempster
On -site: 7
35 spaces
Maximum Peak Parking
1 space (23 space
Street (Existing
spaces.
Demand: 23
demand for 24
+ proposed
available
Ultimate
Street: 17 spaces
immediate
Fitness)
on Fernald
spaces)
Avenue
Commission Reviews
Traffic Safety Commission
Per Section 12 -16 -4 of the Unified Development Code, the applicant appeared before the Traffic
Safety Commission at their July 9, 2015 meeting. Although the applicant's traffic engineer had
submitted an updated traffic study on July 8, 2015, addressing the Village Engineers' concerns,
the TSC did not receive it in time to review before their meeting. As such, the applicant and a
representative from EEA provided the TSC with verbal responses to the comments the Village
Engineer had on their original traffic study.
At that meeting, Commissioners' expressed some concerns about the scheduling of the classes.
They suggested the applicant consider scheduling the classes with sufficient time in between to
minimize the overlap of vehicles between those leaving and those arriving for the next class.
That applicant stated that he would schedule the classes with a minimum of 15 -20 minutes
between the end of one class and beginning of the next class. Based on the submitted
information and testimony provided at the meeting, the proposal was unanimously
recommended for approval with the conditions suggested by staff. (See attached TSC Staff
Report, from the Village Engineer dated July 13, 2015).
N
Plan Commission Report - August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
July 20, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
The applicant, David Englund, and Steve Corcoran with Erikson Engineering were sworn in.
Mr. Englund gave a brief history of his Evanston Ultimate Fitness facility which he has operated
for 12 years. Ultimate Fitness holds group classes and personal training sessions and is not an
open unsupervised gym. He is proposing to move his business to Morton Grove as the building
which housed Ultimate Fitness in Evanston will be torn down for residential use.
Steve Corcoran, Erikson Engineering, who performed the traffic study for this site, noted that
classes held at Ultimate Fitness will be scheduled during off peak hours. As there are seven (7)
parking spaces on site with 17 diagonal parking spaces along Fernald Avenue, their analysis and
site observation showed that sufficient parking exists to satisfy the operation of the facility.
Commissioner Blonz stated there are 35 spaces required according to the Village of Morton
Grove's code. Mr. Corcoran said that the Unified Development Code's regulations are designed
for a traditional commercial gym where individuals come at their own discretion and noted
Ultimate Fitness will operate on an appointment schedule and /or with group classes. The
parking study conducted noted a class size of 15 people plus the instructor.
Commissioner Blonz asked if it was appropriate for the applicant to count the street parking
spaces to meet their demand. Ms. Radzevich, Director of Community and Economic
Development, noted that on- street parking that abuts the businesses along Fernald Avenue, as
with other streets directly off Dempster in the commercial district, is designed to accommodate
and support area businesses. In this case, the current parking along Fernald is abundant and
currently underutilized and, as such, it would be appropriate to consider these parking spaces in
supporting the parking demand for this business.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion to approve this case.
Commissioner Shimanski moved to recommend approval of Case PC 15 -07, request for a special
use permit for a physical fitness and health service use, greater than 1,000 sq. ft., to allow for
the operation of fitness center with scheduled fitness classes and personal training, in
accordance with Section 12 -4 -3:D of the Morton Grove Unified Development Code (Ordinance
07 -07) at 6231 Dempster Street Case with the following conditions:
The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, including Draft Schematic Layout, submitted by
David Englund, dated 6/26/2015.
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
A. On street - parking typically should not be included in parking supply for a
business. In this case, a significant percentage of anticipated peak demand
parking supply is expected to be provided by public on- street parking spaces.
B. It should be clarified how the site's 7 existing parking spaces are legally reserved
for each of the several businesses which exist on the site.
The applicant shall schedule classes to minimize overlap in parking demand, such that
the start of a new class shall not be scheduled any sooner than 20 minutes after the end
of the preceding class.
4. The applicant shall limit classes to no more 15 total persons at a time, during the day,
and no more than 20 persons during evenings, to minimize parking conflicts with other
businesses within this commercial building.
5. The applicant shall schedule the personal one - to-one or one -to -two training sessions to
minimize overlap with high attendance group classes, particularly during peak business
hours for the other businesses within this commercial building;
6. The applicant shall advise the Director of Community and Economic Development of any
proposed change in ownership or any change in operation of Ultimate Fitness, including
but not limited to increasing class sizes, increasing the number of concurrent classes
and /or training sessions, allowing for open gym work -out, or other similar operational
changes that would increase the parking demand. Such changes may subject the
owners, lessees, and users of 6231 Dempster Street to additional conditions and may
serve as the basis for further amendment to the special use permit.
The motion was seconded by Commissioner Dorgan. The application was unanimously
recommended for approval (6 -0, Khan absent).
C1
DEPARTMENT REVIEWING: TRAFFIC SAFETY COMMISSION
ATTACHMENT'
VILLAGE OF ^^nRTON GROVE ILLINOIS
NOIS
PLAN REVIEW DEPARTMENTAL COMMENT
DATE DISTRIBUTED:
CASE NO:
_PC 15 -07
APPLICANT' Aima+n FFnnae_. rn�i
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS,
1
2
3.
4.
5
6.
7
WMMtNTS OR CONCERNS (Discuss Briefly)
Traffic Impact - Change reference from "Falk Avenue" to "Fernald Avenue ".
Traffic Impact- The report should clarify if the operation would include any personal training of 1
to 2 clients occurring at the same time as a class. If so, the parking demand calculations should
be revised accordingly.
Zoning Code Requirements - The quick analysis is incomplete, misleading and poorly organized to
the rest of the analysis, which makes the report confusing to interpret for a non - technical reader.
Municipal Code Section 12 -7 -313 specifies parking requirements in subsection "I" are advisory only
for special uses —this is relevant and should be stated in the analysis.
The section titled "Parking Requirements" is misleading. ITE parking Generation Manua! is used
for forecasting parking needs. The author asserts ITE does not have a Generation
forecast for this
operation, but that does not eliminate relevant pa king requirements. The section should be
renamed; perhaps rename to "Parking Forecast" or perhaps move to section tided "Paking
Survey and Total Demand ".
Parking Supply - The special permit parking zones (e.g. Zone 11) were created by the Village
generally to preserve the ability of residents and their guests to park on their street and to
discourage parking for commuter or commercial purposes. The report should ackno wledge the
residential development on street south of the alley and the applicant should offer to discourage
the business' clients parking south of the alley.
Parking Supply - The existing parking lot does not include any accessible parking spaces. The
Proposed remaking of the parking lot would require 1 accessible parking space. A 16 -foot wide
accessible parking space would add one parking space to the site if the truck loading dock area
was repurposed for parking.
Parking Survey and Total Demand — The scheduling of the classes wlll affect parking demand
this has not been analyzed. Consecutive classes generally result in nearly doubling the parking and
demand because of early arrivals and late departures of clients. The class scheduling should be
discussed in the study. Reasonable spacing between.classes during off -peak hours create a high
turnover rate of parking (I.e. less than 2 hours per vehicle) and can mitigate the perception of
Parking saturation; it could be characterized as a favorable attribute of this development.
8. Parking Survey and Total Demand — Forecasts for the medical office, dental office, travel agency
and barber shop would provide a useful comparison to the parking utilization from the survey.
9. Conclusion — The assertion that the total available parking can accommodate peak demand should
be confirmed with regard to the comments above.
10. Conclusion — The need for an accessible parking space should be included with discussion of
remarking the parking spaces.
11. On street parking typically should not be included in parking supply for a private business. In this
case, a significant percentage of anticipated peak demand parking supply is expected to be
provided by public on- street parking spaces.
12. It should be clarified how the site's 7 existing parking spaces are legally reserved for each of the
several businesses which exist on the site.
i nese comments accurately reprerpt existing Vil!6amgWations or policies.
Traffic Safety Commission:
Date: ` 1 U �- `] t 3 ao S
Village of Morton Grove
WHEREAS, nearly one in five residents throughout the United States have a disability; and
WHEREAS, the population of people with disabilities is increasing among all age groups; and
WHEREAS, people with disabilities are more likely to be disadvantaged socially, vocationally, economically, and
educationally; and
WHEREAS, the Americans with Disabilities Act was signed into law on July 26, 1990, by President George H. W. Bush; and
WHEREAS, it is appropriate to pause and celebrate /recognize the Americans with Disabilities Act as a wide ranging and
landmark piece of civil rights legislation that prohibits discrimination based on disability; and
WHEREAS, in enacting the Americans with Disabilities Act (ADA), Congress recognized persons with disabilities have a
history of being subjected to unequal treatment, and the nation's goals regarding individuals with disabilities are to assure equality of
opportunity, full participation, independent living, and economic self sufficiency; and
WHEREAS, the ADA has expanded opportunities for Americans with disabilities by reducing barriers and changing
perceptions by increasing full inclusion in community life; and
WHEREAS, despite the great strides people with disabilities have made as a result of the Americans with Disabilities Act,
barriers remain; and
WHEREAS, the goals of ADA 25 are to foster public recognition that a disability is a natural part of the human experience
and expand opportunities for people with disabilities to participate frilly in civic, social and economic life in the nation, the state, and
our community.
as the
NOW, THEREFORE, I, Daniel P DiMaria, Mayor of the Village of Morton Grove, Illinois, do hereby proclaim August 2015
25" Anniversary of the Passage of the Americans with Disabilities Act
and the most effective way in which to celebrate this milestone is to reaffirm our opposition to discrimination based on a disability and
to strive to promote full implementation of the Americans with Disabilities Act, and we further encourage the reduction of stigma and
discrimination against people with disabilities through education and training, and support the pursuit of programs to ensure the spirit
and founding provisions of the Americans with Disabilities Act are maintained, implemented, and enforced
There is no higher calling than to recognize the dignity and worth of all people.
In witness hereof, I have hereunto set my hand and caused to
be affixed the seal of the Village of Morton Grove.
Daniel P. DiMaria, Village President
WHEREAS, it has come to the Village of Morton Grove's attention that Bella Terra Nursing Facility
(formally Bethany Terrace Nursing Centre which was built in 1965) will be celebrating their 50th
anniversary at their 8425 Waukegan location; and
WHEREAS, as one of the North Shore's highest caregiver to patient ratios, Bella Terra offers its
patients a superior level of attention and care; and
WHEREAS, the physician supervised, round - the -clock approach to patient care allows the center
to offer each resident a uniquely personalized level of treatment; and
WHEREAS, patients can receive help with chronic health conditions and /or injuries which require
long -term care, and constant monitoring, with the availability of doctors, nurses, and health care aides
24- hours -a -day; and
WHEREAS, the centre is a 163 bed non -profit nursing facility with an above average patient to
registered nurse ratio, as well as trained and compassionate staff that understands the unique and
diverse needs of older adults living in a community setting; and
WHEREAS, accommodations for residents in this peaceful suburban location include nursing home
care, assisted living, alzheimer's care which was added in 1985, hospice care, among other nursing care
needs.
NOW, THEREFORE, the Village Board of Trustees and residents of the Village of Morton Grove on
this auspicious occasion of Bella Terra's 50th Anniversary Year proclaim July 13, 2015, as
BELLA'TERRA DAY
and further wish them many more kindhearted years in the Village of Morton Grover
In witness hereof, I have hereunto set my hand and caused to be
affixed the seal of the Village of Morton Grove
Daniel Y. DiMaria, Village President
Legislative Summary
Ordinance 15 -14
AMENDING TITLE 1, OF THE MUNICIPAL CODE ENTITLED "ADMINISTRATIVE ",
CHAPTER 5 ENTITLED "VILLAGE BOARD OF TRUSTEES ", SECTION 5 ENTITLED "RULES OF
PROCEDURE" BY ADDING TWO NEW PARAGRAPHS "K AND "L" ENTITLED "ELECTRONIC
ATTENDANCE" AND "SAMPLE ELECTRONIC ATTENDANCE REQUEST"
Introduced
Synopsis
Purpose
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations or
Requirements:
Admini Approval
p as J.
Prepared by:
July 13, 2015
This Ordinance will amend the existing 1 -5 -5 by adding two new paragraphs for the
electronic attendance of Trustees at specified meetings.
To provide rules and regulations a to allow Trustees to attend meeting electronically
under conditions allowed by the Open Meetings Act.
Village staff periodically reviews Village codes and ordinances to ensure they are in
compliance with state statute and current practices. Section 7 of the Open Meetings
Act permits a Trustee or member of a Village Board or Committee to attend and
participate in meetings electronically, provided a majority of a quorum of the public
body is physically present at the meeting, electronic attendance at the meeting is
approved by a majority of the public body, and the person wishing to attend the
meeting electronically is prevented from attending the meeting because of illness,
employment purposes, Village business, family, or other emergencies.
Further, the Open Meetings Act provides that the Board must adopt rules for
attendance at meetings electronically. This ordinance will amend the Village Code
to establish rules for attending Village meetings electronically.
All Departments
Not applicable.
Not applicable.
The implementation of this ordinance will be performed by Corporation Counsel,
the Village Administrator's office, Village Clerk, and staff as part of their normal
duties.
Approval as presented.
Required — Code Amendment
None
Administrator Pro Tem
Teresa Ho"an Liston, Corporation Counsel
ORDINANCE 15 -14
AMENDING TITLE 1, OF THE MUNICIPAL CODE
ENTITLED "ADMINISTRATIVE ", CHAPTER 5 ENTITLED "VILLAGE BOARD OF
TRUSTEES ", SECTION 5 ENTITLED "RULES OF PROCEDURE" BY ADDING TWO
NEW PARAGRAPHS "K" AND "L" ENTITLED "ELECTRONIC ATTENDANCE" AND
"SAMPLE ELECTRONIC ATTENDANCE REQUEST"
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, Section 7 of the Open Meetings Act permits a Trustee or member of a
Village Board or Committee to attend and participate in meetings electronically, provided a
majority of a quorum of the public body is physically present at the meeting, electronic
attendance at the meeting is approved by a majority of the public body, and the person wishing to
attend the meeting electronically is prevented from attending the meeting because of illness,
employment purposes, Village business, family or other emergencies; and
WHEREAS, the Open Meetings Act provides the Board must adopt rules for attendance
at meetings electronically; and
WHEREAS, at the request of the Village Board, staff has reviewed and has proposed that
Title 1, Chapter 5, Section 5 entitled "Rules of Procedure" be amended to add a section to
establish rules for the electronic attendance at Village meetings in accordance with the Open
Meetings Act.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: Title I. Chapter 5, Section 5 entitled "Rules of Procedure" is hereby
amended by adding new paragraphs K and L entitled "Electronic Attendance" and "Sample
Electronic Attendance Request' to read as follows:
1 -5 -5: RULES OF PROCEDURE: The following rules of procedure shall govern the
conduct of all meetings of the Board of Trustees:
A. Presiding Officer, Voting By: The Village President shall preside at all meetings of the
Village Board. He shall not vote on any ordinance, resolution, or motion except:
1. Where the vote of the trustees has resulted in a tie;
2. Where one -half (1/2) of the Trustees elected and then holding office have voted in
favor of the ordinance, resolution or motion even though there is no tie vote.
3. Where a vote greater than a majority of the corporate authorities is required by
state statute or local ordinance to adopt an ordinance, resolution or motion. (Ord.
98 -11, 9 -14 -1998)
B. The Village President shall decide all questions of order.
C. A Trustee discussing a question or issue shall address the Village President and no
Trustee has the floor until recognized by the Village President.
D. The passage of all ordinances and any resolution or motion to create any liability against
the Village or for the expenditure or appropriation of funds shall require the concurrence
of a majority of all members then holding office on the Village Board including the
Village President unless otherwise expressly provided by state statute or municipal
ordinance. A roll call vote of ayes and nays shall be taken and recorded in the journal of
proceedings for all ordinances or for resolutions or motions coming before the Board
which creates any liability against or obligation on the part of the Village or for the
expenditure or appropriation of its money and in every instance where a request therefore
is made by any Trustee. Motions and other matters coming before the board may be
handled by voice vote, unless there is a specific request for a roll call vote. The Village
President shall determine the outcome of all voice votes. (Ord. 98 -I1, 9 -14 -1998)
E. All ordinances and resolutions submitted to the Board of Trustees, and on request of any
member of the Board any motion shall be reduced in writing before being voted upon.
F. Robert's Rules of Order: "Robert's Rules Of Order" as determined by the Village
President shall govern the deliberations of the Board of Trustees except when in conflict
with any of the foregoing rules.
G. Suspension of Rules: The Rules of Order, other than those prescribed by statute, may be
suspended at any time by the consent of a majority of the members present at any
meeting. (1969 Code § 30.220; amd. Ord. 04 -04, 2 -23 -2004)
H. Compliance with Illinois Open Meetings Act: The Illinois Open Meetings Act 5 ILCS
120 et. seq as amended from time -to -time is hereby incorporated by reference in this
Code and shall govern the giving of notices and the keeping of minutes for all regular and
special meetings of the Village Board and its committees.
I. Videotaping: All regular Village Board meetings shall be videotaped in a form suitable
for broadcast over the Village's local cable access channel. Nothing in this section
precludes the videotaping of additional meetings of the Village Board of Trustees.
J. Rules Regarding Nonofficial Recordings of Public Meetings By Tape, Film or Other
Means:
1. Definitions:
a. Audience are those persons who attend a public meeting but not a member
of the public body holding the meeting, nor an employee of the Village
attending the meeting in an official capacity.
b. Chairperson is the person who officiates over the meeting. The Village
President is the chairperson of the meetings of the Village Board of
Trustees.
C. Public meeting is a meeting of a public body of the Village of Morton
Grove as defined by the Illinois Open Meetings Act, 5 Illinois Compiled
Statutes 120 et seq. as amended from time -to -time.
d. Public body consists of the elected and appointed board, committee or
commission members holding a public meeting and Village employees
assisting said members.
e. Recording is a nonofficial duplication of sound or image by any
mechanical means including photography, audiotaping or videography.
f. Special accommodations include special or additional seating, lighting,
designated space for microphones or recording equipment, access to
electrical power, and accommodations necessary or desirable for the
recording of a public meeting.
g. Witness is a person who gives sworn statements before the public body.
2. Policy: It is the Village's policy to cooperate with representatives of the print and
broadcast media and with other members of the public who wish to record public
meetings of the Board by tape, film, or other means, so long as said recordings are
not disruptive to the meeting, and do not violate the rights of the members of the
public body, witnesses and the public.
3. Rules of Procedure:
a. Any person may record the proceedings of a public meeting by tape, film
or other means subject to the following rules.
4. Meetings which are closed to the public may not be recorded except as required
and authorized by the Open Meetings Act. (Ord. 04 -04, 2 -23 -2004)
5. Any person seeking to record a public meeting must notify the presiding officer or
chairperson of that meeting of his/her intent to record the meeting. Whenever
practical, any request for special accommodations should be made at least two (2)
business days before the meeting. (Ord. 09 -07, 6 -8 -2009)
6. The chairperson may in his/her sole discretion grant any special accommodation
requests.
7. The chairperson may designate a location for recording equipment, restrict the
movements of individuals who are using the recording equipment or take other
steps deemed necessary to preserve the decorum of the meeting and facilitate the
conduct of business.
8. At the start of any meeting which is to be recorded, the chairperson shall notify
the audience and any witness of the recording and advise all witnesses of their
right to refuse to testify during any recording.
5. The Board of Trustees allows electronic attendance for qualifying reasons listed
in the Illinois Open Meetings Act as a matter of policy. The audio or video
equipment shall be activated at the beginning of the meeting or at the time
requested by the Trustee so the Trustee can participate.
6. If the Trustee who is attending electronically would normally chair the meeting, a
chairperson pro temp who is physically present may be appointed.
7. When a Trustee attends a meeting electronically, all votes shall be by roll call
vote. An electronically attending Trustee must identify himself or herself by
name and be recognized by the President before speaking.
8. An approved request to participate electronically shall entitle the Trustee involved
to attend at the subject meeting and any closed sessions called during that
meeting.
This section shall apply in like manner to any committee, subcommittee or other agency
of the Village that is a "public body" under the Illinois Open Meetings Act.
L. Sample Electronic Attendance Request: The format for submitting a request for
electronic attendance shall be as follows:
ELECTRONIC ATTENDANCE REQUEST
I hereby request to electronically attend the meeting of the Board of Trustees at - P.M.
on , 20� I am eligible to participate electronically because of [check one]:
Personal illness or disability (Description of illness or disability):
Employment purposes (Name of employer):
Business of the public body (Specify nature of business):
Family emergency (Nature of emergency):
_(5) Another emergency (Nature of the emergency):
During the meeting I will be at the following location:
reachable at the following phone number:
Dated:
Signature of Trustee
Dated:
Signature of Village Clerk/Deputy Village Clerk
M
SECTION 3: The terms and conditions of this ordinance shall be severable and if any
section, term, provision, or condition is found to be invalid or unenforceable by any reason by a
court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall
remain in full force and effect.
SECTION 4: In the event this ordinance or any Code amendment herein is in conflict
with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall
be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the
extent of such conflict. Except as amended in this ordinance, all chapters and sections of the
Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full
force and effect.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 10"' day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this I Oa' day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
this 11 m day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
ELECTRONIC ATTENDANCE REQUEST
I hereby request to electronically attend the meeting of the Board of Trustees at _p.m.
on , 20 . I am eligible to participate electronically because of [check one]:
Personal illness or disability (Description of illness or disability):
Employment purposes (Name of employer):
Business of the public body (Specify nature of business):
Family emergency (Nature of emergency):
_(5) Another emergency (Nature of the emergency):
During the meeting I will be at the following location:
reachable at the following phone number:
Dated:
Signature of Trustee
Dated:
Signature of Village Clerk/Deputy Village Clerk
mme
Richard T. Flickinger Municipal Center
6101 Capulina Avenue a Morton Grove, Illinois 60053 -2985
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
Legislative Summary
AMENDMENT TO A SPECIAL USE (ORDINANCES 11- 27,13 -15 AND 14 -21) TO ALLOW FOR
EXPANDED DAYS AND HOURS FOR THE OPERATION OF THE PREVIOUSLY APPROVED
HAUNTED HOUSE AND ADDITIONAL ENTERTAINMENT USES AT 8220 N. AUSTIN
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consid
Requirements:
Submitted by
Prepared by:
July 13, 2015
Amendment to a special use for Entertainment Uses (haunted house and additional entertainment uses) at
8220 N. Austin to allow for some expanded days and hours of operation.
To modify the special use permit to allow the haunted house to operate the last two weekends in September
and the first in November, on Fridays, Saturdays and Sundays, increase the number of days of operation from
30 to 31 days in the month of October, and to allow additional approved entertainment uses to be held on
Friday evenings from 6PM -I OPm in addition to Saturdays and Sundays from 9AM -IOPM.
In 2011, the Board approved a special use permit for Entertainment Uses to allow for a haunted house to
operate at 8220 N. Austin Avenue (Ordinance 11 -27). In the fall of 20133 Big City Entertainment, the
previous owner and operator of the haunted house, applied for and the Village granted an amendment to the
special use permit to allow for additional entertainment uses outside of the month of October. The
amendment allowed for such uses as airsoft/laser tag open gaming movie nights, private events, theatric
performances, dances, and uses deemed similar by the Building Commissioner and/or Director of
Community and Economic Development to be held on Saturdays and Sundays from 9AM- IOPM. In
addition, tactical training was permitted during the week, Mondays through Fridays, from 9AM -5PM.
(Ordinance 13 -15). In fall 2014, Big City Entertainment applied for and was granted a minor 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 to the subject property (Ordinance 14- 21).Recently, 13" Floor Entertainment
purchased the facility and operations from Big City Entertainment. 13'" Floor Entertainment Group owns and
operates haunted houses in Denver, Phoenix, San Antonio, and Austin, along with one in the Chicago area
located at 1940 George Street, Melrose Park. In addition, 13" Floor uses their properties to hold interactive
entertainment events such as laser tag at their properties. The new owner is seeking to expand the days of
operation for both the haunted house and the non - haunted house events as follows:
• To extend the days for the operation of the haunted house to include the last two weekends in
September and the first weekend in November, on Fridays, Saturdays and Sundays for each of those
weekends. In addition the applicant also requests to be expanded to the permitted days in October
from 30 to the full 31 days within that month.
• To allow the previously approved additional entertainment uses to be held on Friday evenings, from
6PM -I OPM, in addition to the previously permitted Saturdays and Sundays from 9AM- l OPM.
All other conditions in the previous ordinances will remain effect, unless specifically modified by this
amendment. Based on the application, supporting documents and testimony presented at the June 15, 2015
Public Hearing, the Plan Commission voted unanimously (7 -0) to recommend approval of this application
with conditions.
Community and Economic Department
N/A
N/A
These amendments will be implemented by the Community and Economic Development in the normal course
of business.
Approval as presented
August 10, 2015
ORDINANCE 15 -15
AN ORDINANCE GRANTING AN AMENDMENT TO
A SPECIAL USE (ORDINANCE 11- 27,13 -15 AND 14 -21) TO ALLOW FOR EXPANDED DAYS
AND HOURS FOR THE OPERATION OF PREVIOUSLY APPROVED HAUNTED HOUSE
AND ADDITIONAL ENTERTAINMENT USES AT 8220 N. AUSTIN
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, Section 12 -44E of the Village of Morton Grove Unified Development Code allows
for special use pen-nits for Entertainment Uses in the M -2 District; and
WHEREAS, on July 11, 2011, pursuant to Ordinance 11 -27, the Village approved an application by Big
City Entertainment for a special use for Entertainment Uses to allow for a haunted house to operate at 8220 N.
Austin Avenue with a condition that the haunted house could be operated for a total of 30 days in October, and the
hours of operation were established as follows: 7PM -1 IPM, Sunday through Thursday nights, and 7PM -12AM on
Friday and Saturday nights, with the exception that on October 30 and October 31 the hours would be permitted to
be 7PM -12AM, regardless of the day of week; and
WHEREAS, on October 7, 2013, pursuant to Ordinance 13 -15, the Village granted an amendment to the
special use permit to allow for additional entertainment uses outside of the month of October. The amendment
allowed for such uses as aysoft/laser tag open gaming, movie nights, private events, theatric performances, dances,
and uses deemed similar by the Building Commissioner and/or Director of Community and Economic
Development to be held on Saturdays and Sundays from 9AM- IOPM. In addition, tactical training was permitted
during the week, Mondays through Fridays, from 9AM -5PM.; and
WHEREAS, on September 22, 2014, pursuant to Ordinance 14 -21, the Village granted a minor 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 to the subject property; and
WHEREAS, Thirteenth Floor Group, 1550 Larimer Street, Suite 277, Denver, CO 80202, recently
purchased the Fear City Haunted House at 8220 Austin Avenue, Morton Grove from Big City
Entertainment; and
WHEREAS, the new owner, Thirteenth Floor Group, owns and operates similar haunted
house /entertainment facilities in Denver, CO; San Antonio and Austin, TX; Phoenix, AZ; and Melrose
Park, IL; and
WHEREAS, Thirteenth Floor Group, has made a proper application to the Plan Commission in the
Village of Morton Grove under case number PC15 -04 requesting the approval of an amendment to a
special use permit for entertainment uses (Ord. # 11 -27, 13 -15 and 14 -21) to allow for expanded days and
hours of operation for both the haunted house and additional entertainment uses; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly
published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove which
publication took place on May 28, 2015, and pursuant to the posting of a sign on the property and written
notification sent to property owners within 250 feet of the subject property as required by ordinance, the
Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 15,
2015, at which time all concerned parties were given the opportunity to be present and express their views
for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made
certain recommendations and conditions through a report dated July 6, 2015, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "A"; and
WHEREAS, Thirteenth Floor Group is seeking to expand the days for the operation of the Fear
City haunted house to be consistent with their other haunted house facilities, as follows: to include the last
two weekends of September and the first weekend of November, inclusive of Fridays, and all 31 days in
October, and with the hours of operation to remain as previously approved; and
WHEREAS, the owner is also seeking to expand the potential days and hours for operation of
additional entertainment uses, as defined in Ordinance 13 -15, to also include Friday evenings, from 6PM -
1 OPM; and
WHERAS, the existing haunted house and additional entertainment uses have contributed to the
Village by providing entertainment activities for residents and for visitors and customers from the
surrounding area without adversely impacting the adjacent businesses and residential neighborhoods; and
WHEREAS, the current owner is prepared to operate this facility under the same conditions,
expect as otherwise modified through this amendment, and to the same standard as the previous owner;
and
WHEREAS, the property is located in the M -2 General Manufacturing District; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the proposed
amendment to the Special Use is so designed, located, and proposed to be operated, the public health, safety
and welfare will be protected and will not cause substantial injury to the value of the other properties in the
neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the amendment to the Special Use, as approved by the Plan
Commission, shall be issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth:
SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois 60053, is
hereby granted an amendment to its special use permit for Entertainment Uses (Ord. 11 -27 , 13 -15 and
14 -21) to allow for expanded days of operation for the haunted house to include the last two weekends in
September, the first weekend in November, and one additional day in October, and to allow the
previously approved additional entertainment uses to be held on Friday evenings, after 6PM until l OPM,
subject to the following conditions and restrictions which shall be binding on the owners /lessees,
occupants and users of this property, their successors and assigns for the duration of the special use:
The days for the operation of the haunted house shall be limited to the last two weekends of
September and the first weekend of November, inclusive of Fridays, and 31 days in October. On
such days, the hours of operation of the haunted house shall be allowed from 7PM -11PM on
Sunday through Thursday nights and from 7PM -12AM on Friday and Saturday nights, with the
exception that on October 30th and 31St, the hours of operation shall be from 7PM -12AM,
regardless of the day of the week.
2. The additional entertainment uses, including airsoft/laser tag open gaming, movie nights, private
events, theatric performances, dances, and uses deemed similar by the Building Commissioner
and/or Director of Community and Economic Development, may be held on Fridays from 6PM-
IOPM and on Saturdays and Sundays from 9AM- l OPM.
3. All conditions of Ordinances 11 -27, 13 -15, and 14 -21 shall remain in effect unless specifically
modified by this amendment.
4. This amendment to the approved special use permit and prior amendments is granted to Thirteenth
Floor Group based on the operation of this facility in a manner consistent with the testimony and
documents presented in their application and at the public hearing and with the conditions
contained within this amendment and all prior ordinances associated with this special use permit
(Ord. 11 -27, 13 -15, and 14 -21). The applicant shall advise the Director of Community and
Economic Development of any proposed change in ownership or operation of a haunted house and
additional entertainment uses approved through the original and amended special use permits.
Such changes may subject the owners, lessees, occupants, and users of 8220 N. Austin Avenue to
additional conditions and may serve as the basis for further amendment to the special use permit.
SECTION 3: The owners, lessees, occupants, and users of 8220 N. Austin Avenue, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove access to
the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and
conditions of this special use permit have been met.
SECTION 4: The special use permit as amended is granted so long as the owner, occupant and users
of this property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of
the Village of Morton Grove to show and designate the special use as granted and amended hereunder.
SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton
Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form according to law.
PASSED this 10th day of August 2015.
Trustee Grear
Trustee Minx
Trustee Pietron
Trustee Ramos
Trustee Thill
Trustee Witko
APPROVED by me this 10th day of August
Daniel P. DiMaria, Vi age President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 10th day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
ilk rove
r A` Department of Community Developme
<:
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
i
Nancy Radzevich, AICP, Community and Economic Deve opment irector�
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: July 2, 2015
Re: Plan Commission Case PC15 -04: 13th Floor Entertainment Group, request
for an amendment to a Special Use Permit for Entertainment Uses
(Ordinances #11 -27, 13 -15, and 14 -21) to allow for an expansion in dates
and hours of operation of the previously approved haunted house and
additional entertainment uses, in accordance with Section 124-30 of the
Unified Development Code (Ordinance #07 -07) at 8220 N. Austin Avenue
Commission Report
Public Hearing Notice
The Village of Morton Grove provided Public Notice for the June 15, 2015 Plan Commission
public hearing for PC 15 -04 in accordance with the Unified Development Code. The Pioneer
Press published the public notice on May 28, 2015, and the Village mailed letters notifying
surrounding property owners and placed a public notice sign on the subject property on June 5,
2015,
Background
The subject property (8220 N. Austin Avenue) is located on the west side of Austin Avenue just
south of Washington Court and is zoned M -2, General Manufacturing District. The applicant,
13th Floor Entertainment Group, recently purchased the Fear City Haunted House, which was
previously owned and operated by Big City Entertainment,
In July of 2011, the Village granted a Special Use permit (Ordinance 11 -27) to Big City
Entertainment to allow an Entertainment use for a haunted house to be located and operated at
8220 N. Austin. Among the conditions of original special use permit was that the operation of
the haunted house would be limited to 30 days, all within the month of October.
In the fall of 2013, Big City Entertainment applied for and the Village granted an amendment to
the original Special Use permit (Ordinance 13 -15) to allow for additional entertainment uses
outside of the month of October. The amendment allows airsoft /laser tag open gaming, movie
nights, private events, theatric performances, dances, and uses deemed similar by the Building
Commissioner and /or Director of Community and Economic Development to be held on
Saturdays and Sundays from 9AM- IOPM. In addition, tactical training was permitted during the
week, Mondays through Fridays, from 9AM -5PM.
Board Report - July 5, 2015
PC #15 -04: 13tH Floor /Special Use Amendment
Chairperson Farkas asked if there were any questions for the applicant. There were none.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak,
Commissioner Gabriel stated that with no one present from the surrounding area says it all.
The operation of this business by the previous owner had generated positive feedback from
neighbors and the owner always tried to be a good neighbor to the surrounding residents and
businesses.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any other comments. Hearing none, Chairperson
Farkas asked for a motion on this case.
Commissioner Blonz moved to recommend approval of PC #15 -04, a request to amend the
Special Use Permit for Entertainment uses at 8220 N. Austin (Ordinances 11 -27, 13 -15, and 14-
21) to allow for expanded days of operation for the haunted house to include the last two
weekends in September, the first weekend in November, and one additional day in October,
and to allow the additional entertainment uses to be held on Friday evenings, after 6pm,
subject to the following conditions:
1. The hours of operation of the haunted house shall be limited to the last two weekends
of September, first weekend of November (Friday inclusive), and 31 days in October,
from 7PM -11PM Sunday through Thursday nights with the exception that on October 30
and 31 hours of operation shall be limited to 7PM -12PM. The haunted house hours of
operation shall be limited to 7PM -12AM on Friday and Saturday nights in general.
2. That airsoft/laser tag open gaming, movie nights, private events, theatric performances,
dances, and uses deemed similar by the Building Commissioner and /or Director of
Community and Economic Development may be held on Fridays from 6PM -IOPM and on
Saturdays and Sundays from 9AM- 10PM.
3. All conditions of Ordinances #11 -27, #13 -15, and #14 -21 shall remain in effect unless
specifically modified by this amendment.
The motion was seconded by Commissioner Gillespie. The application was unanimously
recommended for approval (7 -0).
3
ORDINANCE 11 -27
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN
ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 8220 N. AUSTIN,
MORTON GROVE, ILLINOIS
WHEREAS. the Village of Morton Grove (Village), located in Cook County, Illinois, is a
home rule unit of govemment 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 applicant, Big City entertainment, LLC, 4318 W. Carroll Avenue, Chicago,
Illinois 60624, has made a proper application to the Plan Commission in the Village of Morton
Grove under case number PC 11-07 requesting the approval of a special use permit to operate an
entertainment use at the property commonly known as 8220 N. Austin Avenue, Morton Grove,
Illinois 60053; and
WHEREAS,
the property is located
in the M -2 General
Manufacturing District; and
WHEREAS,
Section 12 -44E of the
Village of Morton
Grove Unified Development Code is
being amended to allow entertainment uses to be located in the M -2 General Manufacturing District
pursuant to a special use permit; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of
Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign
on the property and written notification sent to property owners within 250 feet of the subject
property as required by ordinance, the Morton Grove Plan Commission held a public hearing
relative to the above referenced case on June 20, 2011, at which time all concerned parties were
given the opportunity to be present and express their views for the consideration of the Plan
Commission, and as result of said hearing, the Plan Commission made certain recommendations
and conditions through a report dated June 21, 2011, a copy of which is attached hereto and made a
part hereof and marked as Exhibit "A "; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and
find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the
public health, safety and welfare will be protected and will not cause substantial injury to the value of
the other properties in the neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use Amendment as approved by the Plan
Commission shall be issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois
60053, is hereby granted a special use permit to allow an entertainment use to be located and
operated at that address subject to the following conditions and restrictions which shall be binding
on the owners /lessees, occupants and users of this property, their successors and assigns for the
duration of the special use:
1. The proposed Fear City facility shall be constructed and operated in accordance with the
following:
• Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird; -
Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird;
• Lighting Plan (no date) submitted (information written on plat of survey copy); and
• Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc.
1 The parking area on the subject site shall be repaved and restriped prior to issuance of a
certificate of occupancy.
3. Days of operation shall be limited to 30 days, all during the month of October.
4. Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with
the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12
am, and 7 pm to 12 am Friday and Saturday nights.
5. Prior to release of a certificate of occupancy, the applicant shall provide specific
documentation verifying Strange Engineering's authorization of use of their driveway by
Fear City customers.
6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened
enclosure area to be approved by the Building Commissioner.
SECTION 4: The owners. lessees, occupants, and users of 8220 N. Austin, their successors
and assigns allow employees and authorized agents of the Village of Morton Grove access to the
premise at all reasonable times for the purpose of inspecting said premise to verify all terms and
conditions of this special use permit have been met.
SECTION 5: The special use permit is granted so long as the owner, occupant and users of this
property utilize the area for the purposes as herein designated.
SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as granted and amended
hereunder.
SECTION 7: The Applicant/Owner shall comply with all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this l I"' day of July 2011.
Trustee DiMaria�
Trustee Gomberg
Trustee Grear
Trustee Marcus `
Trustee Thill
Trustee Toth
APPROVED by me this 11th day of July 2011.
APPROVED and FILED in
12th day of.tuly 2Q11. /
Tony S
Village
Cook C
Dahipl,L 9iaackmann, Village President
Village of Morton Grove
Cook County, Illinois
Legis \ord\201 I \pe 11-07 Fear City
ORDINANCE 13 -15
AN ORDINANCE GRANTING AN
AMENDMENT TO A SPECIAL USE (ORDINANCE 11 -27) TO ALLOW ADDITIONAL
ENTERTAINMENT USES AT 8240 AUSTIN AVENUE, MORTON GROVE, ILLINOIS
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 applicant, Big City Entertainment, LLC., 8240 N. Austin Avenue, Morton
Grove, IL 60053 has made a proper application to the Plan Commission in the Village of Morton
Grove under case number PC13 -09 requesting the approval of an amendment to a special use (Ord. 11-
27), which granted a special use permit to allow an entertainment use at the property for a haunted
house, at 8240 Austin Avenue, Morton Grove, Illinois; and
WHEREAS, the application for an amendment to the special use includes a request to allow
additional entertainment uses and modifications to the hours /dates of operation for such additional
entertainment uses; and
WHEREAS, the property is located in the M -2 General Manufacturing District; and
WHEREAS, Section 12 -44E of the Village of Morton Grove Unified Development Code
allows for special use permits for Entertainment Uses in the M2 District; and
WHEREAS, the safety and operation of the additional entertainment uses will be sufficiently
monitored and regulated by Morton Grove, State and Federal laws; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Niles- Morton Grove Patch a newspaper of general circulation in the Village of
Morton Grove which publication took place on August 29, 2013, and pursuant to the posting of a sign
on the property and written notification sent to property owners within 250 feet of the subject property
as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the
above referenced case on September 16, 2013, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration of the Plan Commission, and as
result of said hearing, the Plan Commission made certain recommendations and conditions through a
report September 25 30, 2013, a copy of which is attached hereto and made a part hereof and marked
as Exhibit "A "; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, the
proposed amendment to the Special Use is so designed, located, and proposed to be operated, the public
health, safety and welfare will be protected and will not cause substantial injury to the value of the other
properties in the neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the amendment to the Special Use, as approved by the Plan
Commission, shall be issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth:
SECTION 2: The property located at 8240 N. Austin Avenue, Morton Grove, Illinois 60053, is
hereby granted an amendment to its special use permit (Ordinance 11 -27) for Entertainment Uses to
allow for uses such as charitable poker events, airsoft/laser tag open gaming, tactical training, movie
nights, private events, theatrical performances, dances and events deemed similar by the Building
Commissioner and/or Director of Community and Economic Development subject to the following
conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this
property, their successors and assigns for the duration of the special use:
1. The state licensed charitable poker game events shall be limited to no more than 8 events
throughout the year, outside of the Month of October, and shall occur only on Saturdays and or
Sundays;
2. Airsoft/laser tag open gaming, movie nights, private events, theatric performances, dances and
similar uses shall be restricted to Saturdays and or Sundays outside of the month of October;
3. That tactical training events for law enforcement or other entities shall be allowed at any time;
4. That hours of use for the specific uses be as follows:
a. Charitable poker events shall be permitted on Saturdays and or Sundays from Noon -
midnight;
b. Airsoft/laser tag open gaming, movie nights, private events, theatric performances,
dances and uses deemed similar by the Building Commissioner and/or Director of
Community and Economic Development shall be permitted Saturdays and Sundays
from 9AM -IOPM; and
c. Tactical Training: 9AM -5PM throughout the week
SECTION 3: The owners, lessees, occupants, and users of 8240 N. Austin Avenue, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove access
to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and
conditions of this special use permit have been met.
SECTION 4: The amendment to the special use permit (Ord. 11 -27) is granted so long as the
owner, occupant and users of this property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records
of the Village of Morton Grove to show and designate the special use as granted and amended hereunder.
SECTION 6: The applicant/owner shall comply with all requirements of the Village of Morton
Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval
and publication in pamphlet form according to law.
PASSED this 28th day of October 2013.
Trustee DiMaria 4XCI
Trustee
Marcus
AYE—
Trustee
Pietron
Trustee
Thill
/
Trustee
Toth
Trustee Witko AYE
APPROVED by me this 28th day of October 2013.
r
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED. d FILED m my office
This 28th day f October 2013.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
ORDINANCE 14 -21
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR
AN ENTERTAINMENT USE TO OPERATE A HAUNTED HOUSE AND ACCESSORY
ENTERTAINMENT USES (ORD. 11 -27 and Ord. 13 -15) FOR THE PROPERTY LOCATED
AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule
unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, and as such 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, in 2011, pursuant to Ordinance 11 -27, a special use permit allowing for an
Entertainment Use to operate a haunted house at 8220 N. Austin was approved by the Village
Board; and
WHERAS, in 2013, pursuant to Ordinance 13 -15, the Board approved an amendment to the
special use permit (Ord. 1 ] -27) to allow additional accessory entertainment uses and events to be
held at the 8220 N. Austin Avenue; and
WHEREAS, the applicant, Big City Entertainment, ).LC, pursuant to Plan Commission Case
PC14 -16 has made proper application to the Village of Morion Grove for a minor amendment to the
special use permit previously granted to allow for a modification to the approved Traffic/Parking
Control Personnel Exhibit, dated June 2, 2011, to allow private parking attendants in lieu of off -duty
police officers to direct traffic to /from Austin Avenue and the subject property; and
WHEREAS, pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code
which set forth an abbreviated procedure for minor revisions to special use permits which allows for
the granting of such amendments without a formal public hearing process subject to the
recommendation for approval by the Village Adminisirator, Corporation Counsel, Building
Commissioner and Plan Commission Chairperson and subsequent approval by the Village Board;
and
WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and
Plan Commission Chairperson, in consultation with the Police and Public Works Departments, have
found this amendment with certain conditions as set forth in this ordinance, meets the standard for
the abbreviated process described above, and as such recommend approval of the minor amendment
Ords. 11 -27 and 13 -15; and
WHEREAS, the property is zoned in the M2 General Manufacturing District pursuant to the
provisions of the Village of Morton Grove Unified Development Code; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified
Development Code, the Corporate Authorities have determined the proposed amendment to the
special use shall be approved subject to conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: Big City Entertainment, LLC, is hereby granted an amendment to the special
use permit previously granted pursuant to Ordinance 1 l -27 to allow private parking attendants in
lieu of off -duty police officers to direct traffic to /from Austin Avenue to the subject property:
1. All conditions of Ordinance I1 -27 and Ordinance 13 -15 shall remain in effect unless
specifically modified by this amendment.
2. Should the Morton Grove Police Department, Director of Community and Economic
Development and /or Village engineer be advised of any significant vehicular /pedestrian
traffic or parking issues related to the operation of entertainment uses at 8820 N. Austin
Avenue, the owner shall be required to develop and submit a plan to the Village
Administrator within 30 days of such notice, which outlines specific ways to address such
issues. Such plan shall be reviewed by the Director of Community and Economic
Development, Village Engineer and Police Chief, who will be charged with making
suggested changes and/or approving such a plan. Any remedies which alter the nature of this
approved use may require an amendment of the special use permit and further review by the
Traffic Safety Commission.
SECTION 3: The Village Cleric is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use permit as amended
hereunder.
SECTION 4: The Applicant/Owner shall comply with all applicable requirements of the
Village of Morton Grove Ordinances and Codes.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 22 "d day of September 2014.
Trustee
Grear
Trustee
Marcus
Trustee
0
Pietron
Trustee
0
Thill
Trustee
Toth
Trustee
Witko 2V
APPROVED by me this 22nd day of September 2014.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
22nd day of September 2014.
Ed Ramos, Village Clerk
Village of Morton Grove
Cook County, Illinois
Big City Entertainment LLC
Dear Morton Grove Village Board of Trustee's
I am formually requesting a waiver of the second reading of the purposed ordnance
change effecting Fear City Haunted House at 8240 Austin Ave.
We were unaware that this request would require a change of ordnance and due to
the timing of a second read and the nature of our business it is crucial that this
second reading be waived.
Thank You for your consideration on this matter.
Charles P. Grendys III
Fear City Haunted House
Big City Entertainment LLC
Legislative Summary
Ordinance 15 -16
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FORA MIXED USE
DEVELOPMENT FOR AN ANIMAL HOSPITAL WITH ACCESSORY KENNEL
SERVICES, AND A RESIDENTIAL UNIT AT 9128 WAUKEGAN ROAD, MORTON
GROVE, ILLINOIS 60053
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
Submitted by: _
J.
August 10, 2015
This ordinance will approve a special use permit, with conditions, for a mixed -use development at 9128
Waukegan Road for a redeveloped Morton Grove Animal Hospital.
Approval of a special use permit to allow for a mixed use development for an animal hospital with accessory
kennel services and a second floor residential unit for Morton Grove Animal Hospital at 9128 Waukegan
Brian Harris, DVM, owner of Morton Grove Animal Hospital is seeking a special use permit (PC 15-06) for a
mixed use development to construct a new 6,040 sq. ft. animal hospital, with accessory kennel services and a
second floor residential unit, at 9128 Waukegan Road. In conjunction with their special use application, the
applicant is also seeking two variations from the Unified Development code, as follows:
1. Waiver to the 5 ft. required side yard setback (Section 124-3:E) on the north side of the property to allow
for a 2' -7" setback for a portion of the building; and
2. Waiver to the maximum 7 ft, fence height requirement for fences in Commercial Districts (Sec. 12- 3 -5:C)
to allow for an 8 ft. high fence around the proposed animal run area.
The reconstructed facility will increase the number of animal examination rooms from three (3) to six (6),
modernize and increase ancillary operational space, offices and the residential unit. The on -site parking will
be increased from 15 to 22 spaces. In accordance with requirements for a special use permit, the applicant
hired Gewalt Hamilton Associates (GHA) to complete a traffic and parking study for the proposed facility.
Based on the operations of this business, in the context of the site location, GHA concluded there would be
minimal impacts on traffic volumes and operations on Waukegan Road with the expansion of this business.
In addition, GHA concluded the 22 on -site parking spaces exceeds expected peak parking demand. The
Appearance Commission reviewed the project at their July 6, 2015, meeting. The Commission voted
unanimously to grant an Appearance Certificate for the new facility. The Traffic and Safety Commission
reviewed the project at their July 9, 2015, meeting and recommended approval subject to conditions
suggested by staff. Based on the application, supporting documents and testimony presented at the July 20,
2015, Public Hearing, along with the recommendation from the Appearance and Traffic Safety Commissions,
the Plan Commission voted (5 -1 -0; Shimanski opposed; Khan absent) to recommend approval of this
application with conditions. Shimanski supports the project and business, but could not support the waiver to
the building setback requirements.
Community and Economic Development
N/A
N/A
Community and Economic Development in the normal course of business.
Approval as presented
Applicant is requesting to waive the second reading (See applicant request letter attached)
_ Reviewed by 1A
Pro -Tern Teresa Hoffman
w-
Counsel
ORDINANCE 15 -16
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A MIXED USE
DEVELOPMENT FOR AN ANIMAL HOSPITAL WITH ACCESSORY KENNEL
SERVICES AND A RESIDENTIAL UNIT AT 9128 WAUKEGAN ROAD, MORTON
GROVE, ILLINOIS 60053
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 applicant, Brian Harris, DVM, owner of Morton grove Animal Hospital,
9128 Waukegan Road, Morton grove, I160053, has made a proper application to the Plan
Commission in the Village of Morton Grove under case number PC 15-06 requesting the approval of
a special use permit to operate a Mixed -Use Development for an animal hospital, with accessory
kennel services, and a second floor residential unit at the property commonly known as 9128
Waukegan Road, Morton Grove, Illinois 60053; and
WHEREAS, the property is located in the Cl General Commercial District; and
WHEREAS, Section 12 -4 -3:1) of the Village of Morton Grove Unified Development Code
allows mixed -use developments to be located in the C1 General Commercial District pursuant to a
special use permit; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton
Grove which publication took place on July 2, 2015, and pursuant to the posting of a sign on the
property and written notification sent to property owners within 250 feet of the subject property as
required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the
above referenced case on July 20, 2015, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration by the Plan Commission.
And, as result of said hearing, the Plan Commission made certain recommendations and conditions
through a report dated August 4, 2015, a copy of which is attached hereto and made a part hereof
and marked as Exhibit "A "; and
WHEREAS, the Morton Grove Animal Hospital has been at its current location since 1957
and the current owners are seeking to demolish, upgrade and expand the building and parking
facilities to better serve their customers: and
WHEREAS, the new facility will increase the number of examination rooms from three (3)
to six (6), will include expanded and more modern office, waiting area, and ancillary spaces; and
will increase the number of customer parking spaces from 15 to 22; and
WHEREAS, the new animal hospital, similar to the existing facility, will include a
residential unit that allows for 24 hour on -site staff support to care for patients and /or kenneled
animals and may be used as an incentive to help recruit interns to their facility; and
WHEREAS, the applicant has submitted a traffic study by Gewalt Hamilton Associates
( "Traffic Impact Study- Morton Grove Animal Hospital Expansion," dated June 12, 2015) which
concludes that the reconstructed facility, with increased customer parking, will exceed projected
peak parking demand; and
WHEREAS, due to the nature of the business, where customer visits are controlled through
scheduled appointment times and limited by available examination rooms and staffing levels,
Gewalt Hamilton Associated concludes that there will limited traffic impacts associated with the
expansion of this facility; and
WHEREAS, the design of the new building and the proposed landscaping plans were
reviewed and recommended for approval, with conditions, by the appearance commission at their
July 6, 2015 meeting; and
WHEREAS, the site plan and traffic study were reviewed and recommended for approval,
with conditions, by the Traffic Safety Commission at their July 9, 2015 meeting; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and
find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
this Special Use for a mixed use development for an animal hospital, with accessory kennel
services, and a second floor residential unit will be used and operated in such a way that the public
health, safety and welfare will be protected and will not cause substantial injury to the other
properties in the surrounding neighborhood; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use permit to operate a mixed -use development
for an animal hospital, with accessory kennel services, and a second floor residential unit at 9128
Waukegan Road shall be issued subject to the conditions and restrictions as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property located at 9128 Waukegan Road, Morton Grove, Illinois 60053,
is hereby granted a special use permit to allow a mixed -use development for an animal hospital,
with accessory kennel services, and a second floor residential unit, and such special use shall be
located and operated at that address subject to the following conditions and restrictions which shall
be binding on the owners/lessees, occupants and users of this property, their successors and assigns
for the duration of the special use:
The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, and in accordance with Condition 2., below,
including:
A. Architectural Site Plan, submitted by Linden Group, dated 5/27/2015;
B. Preliminary Engineering, submitted by Linden Group, dated 5/27/2015;
C. Landscape & Tree Preservation Plan submitted by Linden Group, dated 5/27/2015;
D. Photometric Site Plan submitted by Linden Group, dated 5/27/2015;
E. Preliminary North & West elevations submitted by Linden Group, dated 5/27/2015;
F. Preliminary East and South elevations submitted by Linden Group, dated 5/27/2015;
G. Preliminary First Floor Plan submitted by Linden Group, dated 5/27/2015; and
H. Preliminary Second Floor Plan, submitted by Linden Group, dated 5/27/2015
2. The applicant shall modify all building and site plans, as necessary, such that no more than 6
ft. of the northeast portion of the building may be setback 2' -7" from the north property line;
the remaining portion of the north building line shall comply with the established setback
requirements in Sec 12- 4 -3:E. Such modified plans shall be submitted as part of the
building permit review process.
3. The applicant shall submit updated fence design details for review and approval by the
Village Engineer, to ensure that overland flow routes, designed by the applicant's engineer,
do not include impediments that restrict proper drainage flows. Such details shall be
submitted as part of the building permit process.
4. The applicant shall comply with all recommendations and address all concerns raised by the
Traffic Safety Commission, at their July 9, 2015 meeting, to the satisfaction of the Village
Engineer prior to the issuance of any building permits.
The approved special use permit is granted to Morton Grove Animal Hospital based on the
operation of this facility in a manner consistent with the testimony and documents presented
in their application and at the public hearing and with the conditions contained within this
amendment. The applicant shall advise the Director of Community and Economic
Development of any proposed change in ownership or operation of the restaurant with a
drive - through facility approved through the special use permit. Such changes may subject
the owners, lessees, occupants, and users of 9128 Waukegan Road to additional conditions.
The Director of Community and Economic Development shall determine if such changes
serve as the basis for a further amendment to the special use permit and, if so, the applicant
shall seek an amendment of the special use permit and further review by the Traffic Safety
Commission.
SECTION 3: The owners, lessees, occupants, and users of 9128 Waukegan Road, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove
access to the premise at all reasonable times for the purpose of inspecting said premise to verify all
terms and conditions of this special use permit have been met.
SECTION 4: The special use permit is granted so long as the owner, occupant and users of
this property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as granted and
amended hereunder.
SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 10`h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this 10`h day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
10`h day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 4, 2015
Re: Plan Commission Case PC15 -06: Morton Grove Animal Hospital, request
for a Special Use Permit for a Mixed Use Development for an animal
hospital with accessory kennel services and second floor residential unit,
in accordance with Section 12 -4 -3:1) of the Morton Grove Unified
Development Code (Ord, 07 -07) at 9128 Waukegan Road
Commission Report
Public Hearing Notice
The Village provided public notice of PC 15 -06 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015.
Background
Brian Harris, DVM, owner of Morton Grove Animal Hospital, is applying for a special use permit
for a mixed use development to construct a new animal hospital, with accessory kennel services
and a second floor residential unit at 9128 Waukegan Road.
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9128 WAUKEGAN ROAD CONTEXT MAP
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
The proposed two -story, mixed use structure will be 6,040 sq. ft. The Unified Development
Code requires a special use permit for mixed use developments in the CI District. (Sec. 12-4 -
3:D)
The Morton Grove Animal Hospital has been located at 9128 Waukegan Road since 1957 and
according to the applicant there has always had a second floor residential unit, used by hospital
staff. They also currently have an accessory kennel area. The existing site includes fifteen
parking spaces: six (6) in the front and nine (9) spaces in the rear of the building.
The subject property, 9128 Waukegan Road, is located on the west side of Waukegan Road
south of Church Street and is currently improved with a 4,600 sq. ft. two story mixed use
building. The properties to the north and south along Waukegan Road are also commercial,
while the properties to the west, across an alley, are residential.
Overview of the Application
The applicant is proposing to reconstruct the nearly 60 year old facility to increase the capacity
of and generally update the animal hospital, provide additional customer parking, improve site
circulation, and modernize the second floor residential unit.
Proposed Redeveloped Site Plan
I
i
i
®I
Morton Grove Animal
Hospital
is proposing to
operate their
business within
the new facility in
the same manner as
in their
current facility.
The hours of
operation will
remain as follows:
2
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Monday through Friday from 8AM -Noon and 2PM -6PM, and Saturdays from 8AM -3PM. The
reconstructed facility would increase the number of animal examination rooms from three (3) to
six (6) along with ancillary operational space such as offices and storage. The hospital would
continue to have a maximum of eight (8) employees at the facility during their peak times. In
addition to veterinary services, the owners' also will continue to provide accessory kennel
services for animals.
The Unified Development Code requires a special use permit for all mixed use developments in
the Cl District (Section 12- 4 -3:D). As part of their special use application, the applicant is also
seeking two variations to the Unified Development code, as follows:
11 Waiver to the 5 ft. required side yard setback (Section 12- 4 -3:E) on the north side of the
property to allow for an 2' -7" setback for a portion of the building; and
2. Waiver to the maximum 7 ft. fence height requirement for fences in Commercial Districts
(Sec. 12- 3 -5:C) to allow for an 8 ft. high fence around the proposed animal run area.
Zoning Analysis /Variations Reauested
The proposed 6,040 sq. ft. facility would comply with dimensional controls for structures within
the Cl District except for the side yard setback dimension for a portion of the building along the
north property line and proposed fence height for the animal exercise yard, as follows:
Dimensional
Ordinance
Proposed
Comment
Control
Re uirement
Front Yard
0 ft.
5 ft.
Compliant
Sec. 12 -4 -3:E
Side Yards
0 ft. or not less than 5
2= 7ff(north property
2 =5° waiver required
ft. if a side yard is
line)
(north property line)
provided
(Sec. 12- 4 -3:E)
14' -2" (south property
Compliant (South property
line)
line)
Rear Yard
10 ft.
20 ft.
Compliant
abutting an alley
Section 12 -4 -3:E
Building Height
40 ft.
24 ft.
Compliant
Section 12 -4 -3:E
FAR
2.0
0.48
Compliant
Section 12 -4 -3:E
Fence
7 ft. height
8 ft,
1 ft, waiver required
Section 12 -3 -5:C
As shown above, the applicant is seeking approval of two variations as part of this special use
permit: a waiver of 2' -5" to the 5 ft. minimum side yard setback requirement (Section 12- 4 -3:E)
for a portion of the building along the north properly line and a 1 ft. wavier to the 7 ft.
maximum fence height limit (Section 12- 3 -5:C) for fence around the designated dog run area.
The applicant is requesting the reduced side yard setback for a portion of the building along the
north property line in order to accommodate a gabled roof at the front entry. According to the
architect, if that portion of the building is built at the property line, a fire rated parapet wall
would need to be provided and the roof would need to be flat versus gabled. The applicant
indicates that the gable roof is preferred to improve the building's design and overall character.
k
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
The applicant is also seeking a waiver to the 7 ft. maximum fence height requirement in
commercial districts to allow for an 8 ft. high fence around the animal exercise area on the
southwest side of the property. The applicant has stated that the increased height is necessary
to ensure the safety of the animals and secure the exercise area so no animal could leap over
the fence. The applicant states a 7 ft. fence can still be traversed by some animals.
While staff does not have an issue with this fence - height waiver for this small exercise area, the
Village Engineer notes concern with the solid nature of proposed fence as the animal exercise
area is part of the area which the applicant's engineer has designated, with consent from the
Department of Public Works, to provide overland route for stormwater flows. Since this site is
within an area of Morton Grove that is more prone to flooding, proper drainage of stormwater is
important. The currently designed solid fence will inhibit the natural drainage patterns. Village
staff has advised the applicant's representative about this concern and the applicant's
representative has stated that it will be addressed.
Parking and Traffic Analysis
Traffic Impact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Gewalt Hamilton Associates (GHA) to complete a traffic and parking study for
the proposed redeveloped and expanded facility ("Traffic Impact Study- Morton Grove Animal
Hospital Expansion," dated June 121 2015).
Currently, vehicles access the site via two different points; this will be maintained for the
redeveloped site. Specifically, employees access the site via the alley, while clients access the
site to /from Waukegan Road. At this point, Waukegan Road has two travel lanes in each
direction and a two -way center turn lane. The alley behind (west of) the facility is accessed via
Church Street to /from the north.
In the submitted traffic study, GHA projects that the Animal Hospital would generate only 9 -10
trips (both directions, combined) during the weekday and evening peak hours. This is based on
the nature of business. Most visits are via scheduled appointments that are limited by the
number of examination rooms (6) and staffing levels. Based on the operations of this business,
in the context of the site location, GHA concluded that the impacts on traffic volumes and
operations on Waukegan Road would be very limited with the expansion of this business.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code, "For special uses, the proposed parking
standards identified in subsection I, Required Spaces By Use', of this section, shall be advisory
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
recommendation or study prepared by the village staff or village consultants or any pertinent
village commission and the recommendation of the plan commission."
The parking requirement for an animal hospital use is 1.5 parking space for each examination
room and 1.75 per apartment (Section 12- 7 -3:I) for the residential unit. As such, eleven (11)
parking spaces would be required based on six (6) examination rooms and one (1) residential
M
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
apartment. The applicant's plan includes a total of 22 parking spaces. Thirteen (13) customer
parking spaces, 12 standard spaces with one (1) ADA compliant space, will be provided in front
of the new building, while nine (9) employee parking spaces will located in the rear of the
building. As noted above, the parking standards in the ordinance are advisory and should be
reviewed in conjunction with the applicant's submitted traffic study.
For this traffic /parking study, GHA observed the customer parking demand at the existing
animal hospital on Tuesday June 9, 2015 while concurrently conducting traffic counts. The
study notes that at no point were more than three (3) vehicles observed in the client parking
area. With the increase in examination rooms (from 3 to 6), GHA projects the parking demand
will increase to six (6). The existing staff parking area will remain at nine (9) spaces and will
continue to be located behind the building, separated from the customer parking area.
Building /Site
__...�
Parking
.._ ................. vwl
Parking
V1=W
Observed and Projected
Req't, Sec.
Provided
Parking Demand
12 -7 -3 -I
Mixed use
11 spaces
22 spaces total
15 spaces
animal hospital
required
(6 customer + 9 employees spaces)
with 6 exam
(1.5 space per
rooms and 1
exam room
residential unit
+1.75 spaces
per
apartment).
As described in the traffic /parking study and shown above, the proposed 22 parking spaces
should exceed the projected parking demand.
Commission Reviews
Appearance Commission
The applicant presented their proposal to the Appearance Commission at their July 6, 2015
meeting. The Commission voted unanimously to grant an Appearance Certificate for the new
facility.
Traffic Safety Commission
In accordance with Section 12 -16 -4 of the Unified Development Code, the applicant appeared
before the Traffic Safety Commission (TSC) at their July 9, 2015 meeting. The TSC reviewed the
application and testimony and unanimously recommended approval of this project with the
conditions suggested by staff. (See attached TSC Staff Report from the Village Engineer, dated
July 13, 2015)
July 20, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
Brian Harris, DVM; Katie Bertoglio, DVM; Robert Edwards, RWE Management Company; and
Tim Doron, Gewalt Hamilton Associates were sworn in.
I
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Robert Edwards, owner of RWE Management Co, who specializes in development, design and
construction of animal facilities gave an overview of the proposal for the new animal hospital.
The proposed L- shaped building was designed as such to accommodate on -site detention and
to provide more parking. The design of the facility and site provides an overflow route that
allows storm water to flow towards the east away from the alley.
Commissioner Shimanski asked about the need for the 2nd floor residence. Mr. Edwards replied
there needs to be a staff member on site at all times due to the care of sick animals that may
need 24 hour care. The residence could also be used to house interns at no cost. Shimanski
asked if the residential unit would be used on rotating basis or if it would be used as a
permanent residence for one person. The applicant indicated that they hadn't fully vetted that
yet, but anticipates it would be used as a permanent residence for one of their technicians.
Commissioner Blonz inquired about the outdoor dog exercise area on the south side of the
facility and if noise from the dogs would disturb surrounding neighbors. Mr. Edwards stated the
area is a supervised dog exercise area and a place to put the animals while their kennels are
being cleaned. As the area is completely under supervision, there would never be a noise
problem with the neighbors. There is also a contained outdoor area adjacent to the rear of the
property, along the alley, for hospitalized animals to relieve themselves and obtain samples of
urine, again under supervision. Both areas would be fenced.
Commissioner Blonz asked how drainage flows would be accommodated, given the proposed
fencing. Mr. Edwards explained that the fencing would be modified, as needed, to allow the
stormwater to flow through.
Commissioner Blonz asked for a better explanation of the proposed gabled roof design and how
that impacts their ability to comply with the setback requirements. Mr. Edwards said the
building is designed to have a residential appearance along the front facade to demonstrate the
warmth of a residential building. The unified development code states that the structure either
has to be on the lot line or 5 ft. off the lot line. The majority of the building would comply with
the code but the front of the building on the north end requires a waiver for the gable roof.
Commissioner Blonz asked for clarification that the waiver request is simply for design? Mr.
Edwards explained that he and the architect feel this design makes an improvement on the look
of the building and the community as a whole. When the design was conceived, they were not
aware of the code.
Commissioner Blonz inquired if there would be a problem with just 2.5 feet for the portion of
the building the applicant is proposing. Commissioner Shimanski stated that if the adjacent
parcel to the north were redeveloped with a building along the property line, which is what is
permitted by code, there would only be 2.5 feet between buildings. Such a distance would be
detrimental to public safety and hard to maintain. Shimanski asked the applicant why they
couldn't simply remove 2.5 feet from the interior building space, so that they could comply with
the 5 ft. setback requirement.
Mr. Edwards stated they designed the front portion of the facility with a 2.5 ft. setback to
maximize the waiting area for the animals, while still having enough setback from the property
line to allow for the gabled roof along the front facade.
no
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Commissioner Shimanski expressed concern with the 2.5 ft. variance because he did not believe
they had explored other viable design options. For that reason, he believed it to be a self -
imposed hardship. Commissioner Blonz asked if the entire building could be constructed
directly along the property, eliminating the 2.5 ft. setback altogether. Mr. Edwards reiterated
that they preferred the gable roof along the front facade, and would not be able to do that with
a 0 ft. setback as the roof eave would extend over onto the abutting property,
Commissioner Shimanski stated that in viewing the floor and site plans, he believes there are
other ways to eliminate the need for a variance to a side yard setback. He reiterated that he
did not believe the applicant provided sufficient justification that the variation was not self -
imposed.
Chairperson Farkas asked how someone would be able to enter the 2.5 ft. area that is between
the property line and the building and how they would maintain it, without encroaching onto
the abutting property. Mr. Edwards said it's a small landscape area that is approximately 30
inches wide, which can be entered from the front. He stated that it could be maintained fully
on site, by stepping over the shrubs and landscaping material.
Commissioner Gabriel expressed concern about the depth of this narrow area, particularly if the
abutting site is redeveloped with a building on the lot line. Commissioner Shimanski expressed
a similar concern, and reiterated that this could be safety and maintenance issue.
Commissioner Gabriel asked if the length of this area could be reduced to 5 or 6 ft. deep
instead of the currently proposed 15 ft-. length. Mr. Edwards said the applicant could
accommodate that change and noted that they thought it would be a good compromise.
Commissioner Shimanski again stated he feels this is a self- imposed hardship and there are
other ways to design the redeveloped facility without a variance.
Commissioner Blonz asked Tom Doron, GHA traffic engineer, if this proposal would have an
adverse impact on Waukegan Road. Mr. Doran responded that this traffic study was done
during peak hours and given the minimal trips generated to /from this site, any impacts would
be very limited.
Public Hearing — Public Comment
Chairperson Farkas asked if there was anyone present that wanted to be heard.
George Mannis, 9133 Sayre, stated he had concerns about the drainage and water retention in
the alley. During the winter months with thawing and freezing the alley becomes an ice rink
and in the summer there is often standing water. Mr. Edwards stated that the proposed
building will be raised up and the grade will be re- pitched. They cannot resolve the existing
drainage issues in the alley, but their design will make the situation better, not worse, than the
existing conditions.
Commissioner Blonz asked if the parking spaces in the back will be lower and why the drainage
doesn't go into the sewer. Mr. Edwards said the parking lot will not be lower, the building will
be pitched higher, and this will create a swale that will drain towards the east. Mr. Mannis
added that the alley is lower and the storm sewer line does not go that deep.
W
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
Mr. Mannis was also concerned about the noise from the kennel area and asked about the type
of material that would be used in the construction of the rear wall. Mr. Edwards stated the wall
is a CMV material and will contain the noise.
Mr. Mannis also inquired if there would be a double door used for the entrance way to contain
the noise to /from the dog run area on the south the building. The double door could act as an
air lock. Mr. Edwards said that putting in a vestibule would not help and he does not feel there
will be a problem with the noise.
Katie Bertoglio, DVM, co -owner of Morton Grove Animal Hospital, explained that the door leads
out into the dog run yard, which will have an 8 ft. high fence all around. She believes this will
help contain the noise.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any additional questions or discussion.
Commissioner Gabriel stated that if the building was redesigned to shorten the depth of the
portion of the building with the reduced setback, from 15 ft. to 5 -6 ft. in length, it would
minimize his safety and maintenance concerns. Reducing the length of this alcove area would
be particularly important to him in light of possible future redevelopment of the property to the
north. If that could be changed, then he wouldn't have as much of an issue with the requested
waiver.
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion to approve this case.
Commissioner Gabriel moved to recommend approval of Case PC15 -06, request for a mixed use
development for an animal hospital, with kennel services and a second floor residential unit, in
accordance with Section 12 -4 -3:D of the Morton Grove Unified Development Code (Ordinance
07 -07) at 9128 Waukegan Road, with the following recommendations:
1. The
site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, and in accordance with Condition 2., below,
including:
A.
Architectural Site Plan, submitted by Linden Group, dated 5/27/2015;
B.
Preliminary Engineering, submitted by Linden Group, dated 5/27/2015;
C.
Landscape & Tree Preservation Plan submitted by Linden Group, dated
5/27/2015;
D.
Photometric Site Plan submitted by Linden Group, dated 5/27/2015;
E.
Preliminary North & West elevations submitted by Linden Group, dated
5/27/2015;
F.
Preliminary East and South elevations submitted by Linden Group, dated
5/27/2015;
G.
Preliminary First Floor Plan submitted by Linden Group, dated 5/27/2015; and
H.
Preliminary Second Floor Plan , submitted by Linden Group, dated 5/27/2015
E
Plan Commission Report - August 4, 2015
PC #15 -06: Morton grove Animal Hospital /Special Use
2. The applicant shall modify all building and site plans, as necessary, such that no more
than 6 ft. of the northeast portion of the building may be setback 2' -7" from the north
properly line; the remaining portion of the north building line shall comply with the
established setback requirements in Sec 12- 4 -3:E. Such modified plans shall be
submitted as part of the building permit review process.
3. The applicant shall submit updated fence design details for review and approval by the
Village Engineer, to ensure that overland flow routes, designed by the applicant's
engineer, do not include impediments that restrict proper drainage flows. Such details
shall be submitted and reviewed as part of the building permit process.
4. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
A. Any pre - approval of the proposed plans by Village staff
applicant providing proof of permit approval by the
Transportation for all proposed work within the right -of -w
B. The proposed sidewalk, especially through the proposed
with the Americans with Disability Act (ADA) guidelines
details.
is contingent upon the
Illinois Department of
ay.
driveway, shall comply
and IDOT construction
C. All planned landscaping shall comply with the Village sight distance
requirements. Plantings which require constant maintenance, especially to
maintain sight distances, are not encouraged in IDOT's or the Village's right -of-
ways or where they might encroach therein. Proposed plantings along the east
property line should never be allowed to obstruct the existing or unloading of
vehicles parked in the adjacent parking spaces.
5. The applicant shall advise the Director of Community and Economic Development of any
proposed change in ownership or operation of the Morton Grove Animal Hospital and
corresponding residence. Such changes may subject the owners, lessees, occupants,
and users of 9128 Waukegan Rd to additional conditions and may serve as the basis for
further amendment to the special use permit.
Commissioner Shimanski noted that that although he supports Morton Grove Animal House, the
overall project, the special use for the mixed use development, and waiver to the fence height,
he would be voting against this application strictly due to his belief that requested waiver to the
sideyard setback requirement is self- imposed and unwarranted.
The motion was seconded by Commissioner Dorgan. The application was recommended for
approval (5 -1 -1; Commissioner Shimanski opposed; Khan absent).
Ct
COMMISSION REVIEWING: TRAFFIC SAFETY COMMISSION
ATTACHMENT: I.
VILLAGE OF MORTON GROVE ILLNOIS
PLAN REVIEW DEPARTMENTAL COMMENT
DATE DISTRIBUTED:_
CASE NO:_PC 15 -06
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS,
COMMENTS OR CONCERNS (Discuss Briefly)
1. Any pre - approval of the proposed plans by Village staff is contingent upon the applicant providing proof of
permit approval by the Illinois Department of Transportation for all proposed work within the right -of -way.
2. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans with
Disability Act (ADA) guidelines and IDOT construction details.
3. All planned landscaping shall comply with Village sight distance requirements. Plantings which require
constant maintenance, especially to maintain sight distances, are not encouraged in IDOT's or the Village's
right -of -ways or where they might encroach therein. Proposed plantings along the east property line
should never be allowed to obstruct the exiting or unloading of vehicles parked in the adjacent parking
spaces.
These comments accurately represen existing Vill r lations or policies.
Traffic Safety Commission:
Date: L
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A DRIVE -
THROUGH FACILITY FOR A NEW RESTAURANT AT 9480 WAUKEGAN ROAD,
MORTON GROVE, ILLINOIS 60053
Introduction: I August 10, 2015
Synopsis:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend
Second Reading:
Special Consider or
Requirements:
Submitted by:
Tho s
Prepared by: '
This ordinance will approve a special use permit, with conditions, for a drive - through facility for
a new restaurant at 9480 Waukegan Road for Dunkin Donuts.
Approval of a special use permit to allow for the operation of a drive - through with a queuing
capacity of eight (8) vehicles for a new Dunkin Donuts restaurant at 9480 Waukegan Road.
Mr. Abdul Panjwani, Panjwani Restaurant Networks, filed an application for a special use permit
(PC 15 -05) for a drive through facility for a new Dunkin Donuts restaurant at 9480 Waukegan
Road. The new 1,833 sq. ft. facility is designed with an eight (8) vehicle drive - through lane and
a 12 stall parking lot for employees and walk -in customers. The applicant is proposing to
operate the restaurant 24 hours /day. Their anticipated peak hour for business is between
7:30AM- 8:30AM.
In accordance with ordinance requirements, the applicant hired Gewalt Hamilton Associates
(GHA) to complete a traffic and parking study for the proposed. GHA reviewed parking and
traffic data from 14 similar Dunkin' Donuts restaurants around the northern Chicago area. Based
on their analysis, in the context of this site, GHA concluded the proposed drive - through and
parking lot would meet the expected traffic and parking demands, for both employees and
customers. Further, GHA concluded this establishment would have no adverse impact on traffic
volumes and flows on Waukegan Road. The Appearance Commission reviewed the project at
their July 6, 2015, meeting and voted unanimously to grant an Appearance Certificate for the new
facility, with conditions. The Traffic and Safety Commission reviewed the project at their July 9,
2015, meeting and recommended approval subject to conditions suggested by staff. Based on the
application, supporting documents and testimony presented at the July 20, 2015, Public Hearing
and the recommendations from the Appearance and Traffic Safety Commissions, the Plan
Commission voted unanimously (6 -0, Kahn absent) to recommend approval of this application
with conditions.
Community and Economic Development
N/A
N/A
Community and Economic Development in the normal course of business.
Approval as presented
Applicant is requesting to waive the second reading (See applicant request letter attached)
_ Reviewed by _I-A
Pro -Tem Teresa Hoffman
and Economic Development Director
Counsel
ORDINANCE 15 -17
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A DRIVE - THROUGH
FACILITY FOR A NEW RESTAURANT AT 9480 WAUKEGAN ROAD, MORTON
GROVE, ILLINOIS 60053
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 applicant, Mr. Abdul Panjwai, Panjwani Restaurant Networks, 6213
Howard Street, Niles, IL 60714, has made a proper application to the Plan Commission in the
Village of Morton Grove under case number PC 15-05 requesting the approval of a special use
permit to operate a restaurant (Dunkin Donuts) with a Drive- Through Facility at the property
commonly known as 9480 Waukegan Road, Morton Grove, Illinois 60053; and
WHEREAS, the property is located in the C 1 General Commercial District; and
WHEREAS, Section 12 -4 -3:1) of the Village of Morton Grove Unified Development Code
allows a drive - through facility to be located in the C1 General Commercial District pursuant to a
special use permit; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton
Grove which publication took place on July 2, 2015, and pursuant to the posting of a sign on the
property and written notification sent to property owners within 250 feet of the subject property as
required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the
above referenced case on July 20, 2015, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration by the Plan Commission.
And, as result of said hearing, the Plan Commission made certain recommendations and conditions
through a report dated August 4, 2015, a copy of which is attached hereto and made a part hereof
and marked as Exhibit "A "; and
WHEREAS, the applicant proposes to demolish the existing vacant, obsolete
commercial structure and construct an updated one -story commercial restaurant building, with a
drive through facility, a twelve stall parking lot and new vehicular access way to /from Waukegan
Road: and
WHEREAS, the applicant has submitted a traffic study by Gewalt Hamilton Associates
( "Traffic Impact Study- Proposed Dunkin' Donuts," dated June 8, 2015) which included analysis of
comparative data on parking and drive - through queuing data from several other similar regional
Dunkin Donut restaurants and, using that data, in the context of this site, Gewalt Hamilton
Associates concluded that the proposed eight car queuing lane and twelve stall parking lot would
meet the peak hour demand for both customers and employees; and
WHEREAS, Gewalt Hamilton also analyzed traffic volumes and patterns for several similar
area Dunkin Donut restaurants and concluded that the peak hour traffic to /from this site would have
limited impacts on overall traffic volumes and flows on Waukegan Road; and
WHEREAS, the proposed development plan includes a 6 ft. high fence along the rear
property line, to minimize any noise impacts on the residents located to the west, across the alley;
and
WHEREAS, the applicant will be utilizing a volume controlled audio system at the drive -
through menu board that will allow the volumes to be reduced in evening and overnight hours; and
WHEREAS, the design of the new building and the proposed landscaping plans were
reviewed and recommended for approval, with conditions, by the appearance commission at their
July 6, 2015 meeting; and
WHEREAS, the site plan and traffic study were reviewed and recommended for approval,
with conditions, by the Traffic Safety Commission at their July 9, 2015 meeting; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and
find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
this Special Use for a drive - through will be used and operated in such a way that the public health,
safety and welfare will be protected and will not cause substantial injury to the other properties in
the surrounding neighborhood; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use permit to operate a restaurant with a Drive -
Through Facility at 9480 Waukegan Road shall be issued subject to the conditions and restrictions
as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property located at 9480 Waukegan Road, Morton Grove, Illinois 60053,
is hereby granted a special use permit to allow a drive - through facility for a new restaurant, and
such special use shall be located and operated at that address subject to the following conditions and
restrictions which shall be binding on the owners/lessees, occupants and users of this property, their
successors and assigns for the duration of the special use:
1. The site and building shall be developed and operated in accordance with the plans and supporting
documents in the application, including:
A. Proposed Site Plan, submitted by Atul Karkhanis architects, dated 6/08/2015;
B. Proposed Floor Plan, submitted by Atul Karkhanis architects, dated 06/08/2015;
C. Proposed Exterior Elevation —South submitted by Atul Karkhanis architects, dated
06/08/2015;
D. Proposed Exterior Elevation —north submitted by Anil Karkhanis architects, dated
06/08/2015;
E. Proposed Photometric Plan by atul Karkhanis architects, dated 06/08/2015;
F. Proposed Landscape Plan by atul Karkhanis architects, dated 06/08/2015 as amended by
Appearance Commission on July 6,2015; and
G. Traffic Study, submitted by Gewalt Hamilton Associates Inc., dated 6/08/2015
2. The applicant shall comply with all recommendations and address all concerns raised by the Traffic
Safety Commission, at their July 9, 2015 meeting, to the satisfaction of the Village Engineer prior to
the issuance of any building permits.
3. The audio system for the drive through menu board shall have an adjustable volume control and the
volume of such system shall be reduced in the evening and overnight hours, to minimize impacts on
abutting residents.
4. Should the Director of Community and Economic Development, Village Engineer and /or Morton
Grove Police Department be advised of any significant vehicular/pedestrian traffic or parking issues
related to the operation of the drive - through facility, the owner shall be required to develop and
submit a plan to the Village Administrator within 14 days of notification by the Village. Such plan
should outline specific ways to address or mitigate the issues identified and will be reviewed by the
Director of Community and Economic Development, Village Engineer and Police Chief, who will be
charged with making suggested changes and /or recommending approval of the plan to the Village
Administrator. The Director of Community and Economic Development shall determine if such
remedies alter the nature of this approved use and, if so, the applicant shall seek an amendment of
the special use permit and further review by the Traffic Safety Commission.
5. The approved special use permit is granted to Panjwani Restaurants Network based on the
operation of this facility in a manner consistent with the testimony and documents presented
in their application and at the public hearing and with the conditions contained within this
amendment. The applicant shall advise the Director of Community and Economic
Development of any proposed change in ownership or operation of the restaurant with a
drive - through facility approved through the special use permit. Such changes may subject
the owners, lessees, occupants, and users of 9480 Waukegan Road to additional conditions.
The Director of Community and Economic Development shall determine if such changes
serve as the basis for a further amendment to the special use permit and, if so, the applicant
shall seek an amendment of the special use permit and further review by the Traffic Safety
Commission.
SECTION 3: The owners, lessees, occupants, and users of 9480 Waukegan Road, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove
access to the premise at all reasonable times for the purpose of inspecting said premise to verify all
terms and conditions of this special use permit have been met.
SECTION 4: The special use permit is granted so long as the owner, occupant and users of
this property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as granted and
amended hereunder.
SECTION 6: The Applicant /Owner shall comply with all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 10TH day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minix
Pietron
Ramos
Thill
Witko
APPROVED by me this 10`h day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
10th day of August
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
iir Wla a of Morton Grave
Department of Community Development
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 4, 2015
Re: Plan Commission Case PCIS -05: Dunkin' Donuts, request for a Special Use
Permit for a Drive- Through Facility for a New Restaurant, in accordance
with Section 12 -4 -30 of the Morton Grove Unified Development Code
(Ordinance 07 -07) at 9480 Waukegan Road, Morton Grove, IL
Commission Report
Public Hearing Notice
The Village provided public notice of PC 15 -05 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code. The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015,
Background
Mr. Abdul Panjwai, Panjwani Restaurant Networks, 6213 Howard Street, Niles, IL 60714, is
applying for a special use permit to operate a restaurant with a drive - through facility at 9480
Waukegan Road in the C1 General Commercial District.
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9480 WAUKEGAN ROAD CONTEXT MAP
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
The Unified Development Code requires a special use permit for drive - through facilities in the
C1 District. (Section 12- 4 -3:D) Founded in 1986, the Panjwani Restaurant Networks operates it
Dunkin Donuts located in Skokie, Glenview, Niles, Wilmette, and Park Ridge.
The subject property is located on the west side of Waukegan Road between Golf Road and
Emerson Street and is improved with a 1,566 sq. ft. single story commercial building, which is
currently vacant. The property is zoned C1 General Commercial District. The properties to the
north and south are also commercial entities, while the properties to the west, across an alley,
are residential.
Overview of the Application
The applicant proposes to demolish the existing single -story commercial structure and replace it
with a 1,833 sq. ft. one -story commercial /restaurant building with a drive - through. The facility
would be designed to accommodate eight (8) queued vehicles for the drive - through and
includes a 12 space parking lot at the front of the store for employees and walk -in customers.
PROPOSED SITE PLAN
EX. MONUMENT SIGN
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Operations
The applicant's proposed Dunkin' Donuts restaurant would operate 24 hours. They anticipate
that 65% of their daily business will be completed by 10 AM, with a peak morning rush
occurring from 7:30 AM -8:30 AM. The facility would operate with a maximum of four (4)
employees on site at any one time.
2
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Two methods will be used to deliver food and supplies to this location. A van will be used for
the daily food deliveries and a larger truck for weekly deliveries. In order to minimize conflicts
with their peak hours, the daily delivery van is scheduled to arrive around 3AM, while the
weekly delivery truck would be scheduled to arrive sometime after the morning peak time. The
applicant states that the front parking lot will be used to accommodate all delivery vehicles.
Parking and Traffic Analysis
Traffic Imoact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Gewalt Hamilton Associates (GHA) to complete a traffic and parking study for
the proposed restaurant ("Traffic Impact Study- Proposed Dunkin' Donuts," dated June 8, 2015).
The site will be accessed via Waukegan Road, through a new proposed driveway, which will be
relocated to be closer to the south property line of the site. At this point, Waukegan Road has
two travel lanes in each direction and a two -way center turn lane. During the peak hour of
7:30AM- 8:30AM, GHA predicts Dunkin' Donuts will generate 100 inbound and corresponding
outbound trips to /from this site. GHA notes that based on studies of other area Dunkin' Donut
restaurants, it is projected that 65% of their customer base will come from established traffic
already utilizing Waukegan Road. Based on this, GHA projects the proposed Dunkin' Donuts
would add approximately 70 new combined inbound and outbound trips to /from this site.
GHA also notes that 65% of Dunkin' Donuts' customer base typically are traveling in the
direction that facilitates right -in and right -out turn movements, thus minimizing the number of
potential left turns in and out of the site. Based on data available from other similar Dunkin
Donuts facilities and the existing conditions along Waukegan Road, GHA concludes that the
potential impacts on traffic volumes and operations on Waukegan Road would be very limited.
Drive - Through
The Dunkin' Donuts drive - through facility would have queuing space for eight (8) vehicles.
Vehicles would enter the drive - through via the front parking lot and travel around the north and
west sides of the building to the service window on the south side of the building. They would
egress straight ahead to the proposed relocated driveway, back onto Waukegan Road.
GHA reviewed wait times for 14 existing Dunkin' Donuts drive - through locations around the
northern Chicago area, from 2011 -2014. Two of these facilities (Arlington Heights and Round
Lake) include queuing for eight (8) vehicles, similar to what is being proposed at this location.
For these facilities, the queuing wait times during morning peak time were 3 minutes 30
seconds and 4 minutes, respectively. None of the Dunkin' Donuts surveyed had a queue time
greater than 4 minutes. Based on their review of similar facilities, in the context of this site,
GHA concluded that the proposed drive - through should meet the expected vehicle stacking
demand.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code: "For special uses, the proposed parking
standards identified in subsection I, 'Required Spaces By Use', of this section, shall be advisory
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
3
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
recommendation or study
prepared by the
village
staff
or village consultants or any pertinent
village commission
and the
recommendation
of the
plan
commission."
The parking requirement for a restaurant use is one (1) space per 150 sq. ft. of gross floor area
(Section 12- 7 -3:I). As such, 12 parking spaces would be required for the proposed 1,830 sq. ft.
restaurant. The applicant's plan includes a total of 12 parking spaces, 11 standard spaces and
one (1) ADA compliant space, which meets the basic code requirements. However, as noted
above, the parking standards in the ordinance are advisory to the Plan Commission for special
use applications and should be reviewed in conjunction with the traffic /parking study.
For this study, GHA reviewed data from 2011 -2014 for 10 other Dunkin' Donuts, during the
7:30AM- 8:30AM peak hour period. GHA found only one (1) location had a higher parking
demand (14 vehicles) than the 12 parking spaces that would be provided at this location. GHA
notes that the facility in question, in Palatine, is a much larger restaurant than the one
proposed in Morton Grove. Other than that facility, no other existing Dunkin' Donuts restaurant
included in their survey had a parking demand greater than 10 spaces. Further, for the two
Dunkin' Donuts locations with similar 8 vehicle drive - through queues (Arlington Heights and
Round Lake), the peak hour parking demand was eight (8) and five (5) spaces, respectively.
The consultant's observations were of each of these restaurants overall parking demand, during
the peak times, which included both customers and any employees who drove to the site. (See
parking study Exhibit 9.)
The applicant notes that 80% of their employees generally use public transportation, which
helps to minimize parking demands at their facilities. The applicant expects this to continue at
the proposed Waukegan Location as the site is accessible via PACE bus 210 along Waukegan
and the PACE bus 208 along Golf Road.
Parking Requirements and Demand Overview
Building /Site Parking Requirement (Sec. Average Peak Hour
12- 7 -3 -I) Parking Demand 1
Proposed 1830 sq. ft. 12 spaces 8 spaces
Dunkin' Donuts restaurant (1 space/ 150 sq. ft. for
Based on data from 10 similar
per GHA 's
Based on the actual parking demand data of similar Dunkin Donuts restaurants, in the context
of the proposed layout of this site, GHA concludes that the proposed 12 parking spaces will be
sufficient to meet the peak hour parking demand for both employees and customers for this
proposed location.
Commission Reviews
Appearance Commission
The applicant presented their proposal to the Appearance Commission at their July 6, 2015
meeting. The Commission voted unanimously to grant an Appearance Certificate for the new
facility with the condition that the proposed sod along the northern, southern and western
edges of the property would be replaced with alternate vegetation, such as native grasses with
mulch, which will be easier to maintain.
M
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Traffic Safety Commission
In accordance with Section 12 -16 -4 of the Unified Development Code, the applicant appeared
before the Traffic Safety Commission (TSC) at their July 9, 2015 meeting. The TSC reviewed the
application and testimony and unanimously recommended approval of this project with the
conditions suggested by staff. (See attached TSC Staff Report, dated July 13, 2015)
July 20. 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
Reena Panjwani, Panjwani Network Restaurants; Atul Karkhanis, Karkhanis Architects, Ltd; and
Tim Doron, Gewalt Hamilton Associates were sworn in.
Ms. Panjwani reviewed the plan for a 24 hour drive -thru Dunkin Donuts at 9480 Waukegan
Road. Their initial thought to maintain the existing building and to add a drive - through was not
possible due to the resulting drive aisle widths and existing parking configuration. They have
since developed the current proposal where the existing building would be demolished and a
new restaurant constructed that would provide appropriate space for a drive - through and
accommodate more parking than the existing lot has to offer.
Mr. Karkhanis, architect for the project, reviewed the plans and asked if there were any more
questions regarding the request for the special use permit.
Commissioner Gabriel asked about the requirement for building entry and exiting points. He
noted that there are two (2) doors, one for patron entry on the east side from the parking lot
and one on the side from the preparation area but it appears neither the employees nor the
patrons could access the other door readily. John Komorowski, Building Official, clarified the
required building entry points are based on the number of occupants and that the travel
distance for people to exit the building is 75 ft. He stated that he believes this building meets
all applicable exiting requirements. In addition, the building will be fully sprinkled.
Commissioner Gabriel then noted that he was concerned about the lighting of a 24 hour
operation, given the residential properties located to the west, across the alley. The proposed
foot candle levels at the entrance and exit are high. Mr. Karkanis said the lighting plans meet
the lighting standards used at other facilities, but assured the Commission that they would alter
the plan as necessary to meet the Village Code requirements. Commissioner Shimanski noted
that he supported the proposed lighting plan as the higher light levels were located away from
the residential properties and such light levels will help keep the parking lot safe.
Commissioner Gabriel also noted a concern with the menu order board facing to the west; he
was concerned about potential impacts on residents at night. Mr. Karkanis stated the distance
from the order board to the residential properties is 32 ft.; that would result in 50 decibels
which is a normal office level. He also noted that the volume could be turned down at night, if
necessary.
Commissioner Dorgan asked if there would be any cooking on site, and if the daily delivery
truck that would arrive around 3AM might be disturbing to the residents to the west. Ms.
Panjwani stated that the donuts and similar pastry foods are not cooked on -site. She stated
the delivery trucks would park in front of the store and the food would be rolled in on racks.
5
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
Commissioner Blonz asked for clarification regarding proposed traffic volumes in the traffic
report. Specifically, he was concerned that the traffic study stated that every two (2) minutes
there is a car going northbound turning into this property; however he felt the southbound
traffic would not allow for the northbound traffic to turn left into the lot. He also asked if the
proposed two lanes driveway, one for entry and one for exiting, would be sufficient; he
expressed concern that a driver seeking to turn left from the site, might cause back -ups of
other vehicles trying to exit the site. Mr. Doran, GHA, stated that the traffic light at Golf and
Waukegan just north of the subject property is timed so that it will allow for the traffic gaps;
this will facilitate vehicles heading northbound and turning left. He clarified that the study was
conducted over a 2 hour period of time and there should be no traffic problems during peak
hours of operation as no potential challenges were observed.
Commissioner Blonz asked if all the parking spots would actually be used since the majority of
business is drive - through service and, if not, could one of the parking spaces be eliminated to
add a second exit lane from this site. Mr. Doran stated he did not believe the volumes
warranted a second exit and would not like to lose the parking space. He further stated that he
had reviewed this plans with the Village Engineer, Chris Tomich, and the Traffic Safety
Commission, and both seemed satisfied with this configuration.
Commissioner Gillespie asked if the drive through menu board could be moved to the north side
of the building, so the noise would be directed away from the residents. Mr. Doran stated it is
located in such a way to best facilitate the drive through queue and he would not recommend
moving the location.
Commissioner Gabriel asked what time of day the trash would be picked up. Ms. Panjwani said
it would be scheduled between 11:00 am and 2 pm. It is typically scheduled to be picked twice
a week, but schedules at each restaurant are altered to accommodate the volumes of trash.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. There
was no response.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion on this case.
Commissioner Gabriel moved to recommend approval of Case PC 15 -05, request for a Special
Use permit for a drive - through facility for a new restaurant, in accordance with Section 12 -4-
3:1) of the Morton Grove Unified Development Code (Ordinance 07 -07), at 9480 Waukegan
Road, with the following conditions:
1. The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, including:
A. Proposed Site Plan, submitted by Atul Karkhanis architects, dated 6/08/2015;
B. Proposed Floor Plan, submitted by Atul Karkhanis architects, dated 06/08/2015;
C. Proposed Exterior Elevation —South submitted by Atul Karkhanis architects, dated
06/08/2015;
0
Plan Commission Report - August 4, 2015
PC #15 -05: Dunkin Donuts /Special Use
D. Proposed Exterior Elevation —north submitted by Atul Karkhanis architects, dated
06/08/2015;
E. Proposed Photometric Plan by atul Karkhanis architects, dated 06/08/2015;
F. Proposed Landscape Plan by atul Karkhanis architects, dated 06/08/2015 as
amended by Appearance Commission on July 6,2015; and
G. Traffic Study, submitted by Gewalt Hamilton Associates Inc.., dated 6/08/2015
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
A. Any pre - approval of the proposed plans by the Village staff is contingent upon
the applicant providing proof of permit approval by the Illinois Department of
Transportation for all proposed work within the right -of -way.
B. The south flare of the proposed driveway apron appears to encroach into the
frontage of the adjacent property to the south. Staff prefers the apron to be
placed completely within the frontage of the site.
C. The proposed sidewalk, especially through the proposed driveway, shall comply
with the Americans with Disability Ace (ADA) guidelines and IDOT construction
details.
D. GHA notes in the traffic impact study in "Drive Thru Operations' that "the site
civil engineer should run AutoTurn to ensure vehicles of all sizes can navigate the
drive -thru around the building." The drive -thru clearance bar on plan sheet SS -6
shows a 9 ft. clearance. It is unclear how all design vehicles will be
accommodated within the site. This should be clarified with an exhibit.
E. Garbage pickup procedure should be clarified. Proposed service pick up will be
between the hours of 11:00 am and 2:00 pm twice weekly.
F. Snow removal procedure should be clarified, especially how the drive -thru lane
will be maintained.
3. The audio system for the drive through menu board shall have an adjustable volume
control and the volume of such system shall be reduced in the evening and overnight
hours, to minimize impacts on abutting residents.
4. Should the Director of Community and Economic Development, Village Engineer and /or
Police Chief be advised of any significant vehicular /pedestrian traffic or parking issues
related to the operation of the drive - through facility, the owner shall be required to
develop and submit a plan to the Village Administrator within 14 days of notification by
the Village. Such plan should outline specific ways to address or mitigate the issues
identified and will be reviewed by the Director of Community and Economic
Development, Village Engineer and Police Chief, who will be charged with making
suggested changes and /or recommending approval of the plan to the Village
Administrator. Any remedies which alter the nature of this approved use may require an
amendment of the special use permit and further review by the Traffic Safety
Commission.
The motion was seconded by Commissioner Gillespie. The application was unanimously
recommended for approval (6 -0, Khan absent).
7
COMMISSION REVIEWING: TRAFFIC SAFETY COMMISSION
ATTACHMENT: I.
VILLAGE
OF
MORTON
GROVE.
ILLNOIS
PLAN
REVIEW
DEPARTMENTAL
COMMENT
DATE DISTRIBUTED:_
CASE NO:_PC 15 -05
with Drive -Through (All drive - through facilities require special use permits)
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS,
COMMENTS OR CONCERNS (Discuss Briefly)
1. Any pre - approval of the proposed plans by Village staff is contingent upon the applicant providing
proof of permit approval by the Illinois Department of Transportation for all proposed work within the
right -of -way.
2. The south flare of the proposed driveway apron appears to encroach into the frontage of the adjacent
property to the south. Staff prefers the apron to be placed completely within the frontage of the site.
3. The proposed sidewalk, especially through the proposed driveway, shall comply with the Americans
with Disability Act (ADA) guidelines and [DOT construction details.
4. in the Traffic Impact Study, GHA states it understands 12 vehicle parking spaces meet Village code. The
specific number of spaces required by Village code should be explicitly stated.
S. The days and hours of operation need to be clarified.
6. The number of employees on -site at any given time needs to be stated to complete a staff review.
7. GHA note in the Study stated in 'Drive Thru Operations' that "the site civil engineer should run
AutoTurn to ensure that vehicles of all sizes can navigate the drive -thru around the building." The
drive -thru clearance bar on plan sheet SS -6 shows a 910" clearance. it is unclear how all design vehicles
will be accommodated within the site. This should be clarified with an exhibit.
8. Garbage pickup procedure should be clarified.
9. Snow removal procedure should be clarified, especially how the drive -thru lane will be maintained
These comments accurately represent existing Village regulations or policies.
Traffic Safety ,Commission:
Dntp-
Legislative Summary
Ordinance 15 -18
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR PHYSICAL FITNESS
AND HEALTH SERVICE USE GREATER THAN 1,000 SQ, FT., TO ALLOW FOR THE
OPERATION OF A FITNESS CENTER WITH PERSONAL TRAINING AND GROUP
CLASSSES AT 6231 DEMPSTER STREET, MORTON GROVE, ILLINOIS 60053
Introduction:
August 10, 2015
Synopsis:
This ordinance will approve a special use permit, with conditions, for a physical fitness and
health service greater than 1,000 sq. ft. at 6231 Dempster Street for Ultimate Fitness.
Purpose:
Approval of a special use permit to allow for a physical fitness and health services business,
Ultimate Fitness, which provides scheduled group classes and personal training session at 6231
Dempster Street.
Background:
David Englund, owner of Ultimate Fitness, Inc., filed an application for a special use permit for a
physical fitness facility greater than 1,000 sq. ft. at 6231 Dempster Street. Ultimate Fitness is a
specialized fitness facility that provides personal training sessions and scheduled group classes,
as opposed to a traditional open gym where customers workout at their own convenience. In
accordance with requirements for a special use permit, the applicant hired Erickson Engineering
Associates (EEA) to complete a traffic and parking study for the proposed facility. Based on
their observations of the existing parking and traffic conditions, the combined parking demand of
all the businesses within the shopping center, and the proposed operations of and staff levels of
Ultimate Fitness, EEA concluded there will be minimal impact on existing traffic conditions.
Further, EEA concluded the combination of seven (7) on -site parking spaces and 17 public
parking spaces along Fernald Avenue are sufficient to accommodate peak parking demands of
this business as well as the other existing businesses within this small shopping center. The
Traffic and Safety Commission reviewed the project at their July 9, 2015, meeting and
recommended approval, with conditions. Based on the application, supporting documents and
testimony presented at the July 20, 2015, Public Hearing, along with the recommendation from
Traffic Safety Commission, the Plan Commission voted unanimously (6 -0) to recommend
approval of this application with conditions.
Programs, Departs
Community and Economic Development
or Groups Affected
Fiscal Impact:
N/A
Source of Funds:
N/A
Workload Impact:
Community and Economic Development in the normal course of business.
Admin Recommend:
Approval as presented
Second Reading:
Applicant is requesting to waive the second reading (See applicant request letter attached)
Special Consider or
Requirements:
b4me
Submitted by: _
Thomas J
Prepared by:
Administrator Pro -Tem
Reviewed by _
Teresa Hoffman
and EconnOlntic Development Director
Counsel
ORDINANCE 15 -18
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A PHYSICAL FITNESS
AND HEALTH SERVICE USE GREATER THAN 19000 SQ, FT., TO ALLOW FOR THE
OPERATION OF A FITNESS CENTER WITH PERSONAL TRAINING AND GROUP
CLASSSES AT 6231 DEMPSTER STREET, MORTON GROVE, ILLINOIS 60053
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 applicant, David Englund, 8532 Marmora Avenue, Morton Grove, IL, owner of
Ultimate Fitness, Inc., has made a proper application to the Plan Commission in the Village of
Morton Grove under case number PC 15 -07 requesting the approval of a special use permit to
operate a special use permit for a physical fitness facility greater than 1,000 sq. ft. at 6231 Dempster
Street at the property commonly known as 6231 Dempster Street, Morton Grove, Illinois 60053;
and
WHEREAS, the property is located in the C 1 General Commercial District; and
WHEREAS, Section 12 -4 -3:1) of the Village of Morton Grove Unified Development Code
allows physical fitness and health service use greater than 1,000 sq. ft.to be located in the C1
General Commercial District pursuant to a special use permit; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice
duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton
Grove which publication took place on July 2, 2015, and pursuant to the posting of a sign on the
property and written notification sent to property owners within 250 feet of the subject property as
required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the
above referenced case on July 20, 2015, at which time all concerned parties were given the
opportunity to be present and express their views for the consideration by the Plan Commission.
And, as result of said hearing, the Plan Commission made certain recommendations and conditions
through a report dated July 27, 2015, a copy of which is attached hereto and made a part hereof and
marked as Exhibit "A "; and
WHEREAS, David Englund, the owner of Ultimate Fitness has successfully owned and
operated a specialize fitness business for 12 years in Evanston, IL; and
WHEREAS, Ultimate Fitness is a physical fitness service business that provides scheduled
personal one -on -one or one -on -two training sessions and group fitness classes for a more specialize
and targeted fitness experience versus a traditional open gym where customers work out on standard
equipment and/or weight machines, at their own convenience; and
WHEREAS, the applicant is seeking to relocate his business from Evanston to Morton
Grove and has selected a location within a small multi- tenant commercial building, which includes
three lower intensity office uses with offset peak operating hours: and
WHEREAS, the shopping center currently includes seven (7) on -site parking spaces and
access to 17 public parking spaces along Fernald Avenue along just south of Dempster Street; and
WHEREAS, the applicant, in accordance with the ordinance requirements, hired Erickson
Engineering Associates, a professional engineering firm, to evaluate the parking demand for
Ultimate Fitness and of the existing businesses within this shopping center versus the available
parking supply; and
WHEREAS, based on their observations, projected parking demands, and the operation and
proposed staffing levels of Ultimate Fitness, Erickson Engineering Associated concluded that the
combined 24 parking spaces available to the shopping center users would be sufficient to
accommodate the peak hour demands of each of the respective businesses; and
WHEREAS, the owner of Ultimate Fitness proposes to schedule the group classes to
minimize overlap of peak parking demands with the other businesses in the shopping center and
such that there is sufficient time between the end of one class and the beginning of the next class to
minimize overlapping parking demands with his own clients; and
WHEREAS, Erickson Engineering also studied the existing traffic patterns and volumes and
concluded that, based on the proposed operation of this fitness service business, there should be
minimal impacts on traffic on adjacent roadways; and
WHEREAS, the site plan and traffic study were reviewed and recommended for approval,
with conditions, by the Traffic Safety Commission at their July 9, 2015 meeting; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and
find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
this Special Use for a mixed use development for a physical fitness and health service use greater
than 1,000 sq. ft. will be used and operated in such a way that the public health, safety and welfare
will be protected and will not cause substantial injury to the other properties in the surrounding
neighborhood; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the
Corporate Authorities have determined the Special Use permit to operate physical fitness and health
service use greater than 1,000 sq. ft. shall be issued subject to the conditions and restrictions as set
forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property located at 6231 Dempster Street, Morton Grove, Illinois 60053,
is hereby granted a special use permit to allow physical fitness and health service use greater than
1,000 sq. ft. and such special use shall be located and operated at that address subject to the
following conditions and restrictions which shall be binding on the owners /lessees, occupants and
users of this property, their successors and assigns for the duration of the special use:
1. The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, including Draft Schematic Layout, submitted by
David Englund, dated 6/26/2015.
2. The applicant shall comply with all recommendations and address all concerns raised by the
Traffic Safety Commission, at their July 9, 2015 meeting, to the satisfaction of the Village
Engineer prior to the issuance of any building permits.
3. The applicant shall schedule classes to minimize overlap in parking demand, such that the
start of a new class shall not be scheduled any sooner than 20 minutes after the end of the
preceding class.
4. The applicant shall limit classes to no more 15 total persons at a time, during the day, and no
more than 20 persons during evenings, to minimize parking conflicts with other businesses
within this commercial building.
5. The applicant shall schedule the personal one -to -one or one -to -two training sessions to
minimize overlap with high attendance group classes, particularly during peak business
hours for the other businesses within this commercial building;
6. The approved special use permit is granted to Dave Englund owner and operator of Ultimate
Fitness based on the operation of this facility in a manner consistent with the testimony and
documents presented in their application and at the public hearing and with the conditions
contained within this amendment. The applicant shall advise the Director of Community and
Economic Development of any proposed change in ownership or any change in operation of
Ultimate Fitness, including but not limited to increasing class sizes, increasing the number
of concurrent classes and/or training sessions, allowing for open gym work -out, or other
similar operational changes that would increase the parking demand. Such changes may
subject the owners, lessees, and users of 6231 Dempster Street to additional conditions. The
Director of Community and Economic Development shall determine if such changes serve
as the basis for a further amendment to the special use permit and, if so, the applicant shall
seek an amendment of the special use permit and further review by the Traffic Safety Commission.
SECTION 3: The owners, lessees, occupants, and users of 6231 Dempster Street, their
successors and assigns allow employees and authorized agents of the Village of Morton Grove
access to the premise at all reasonable times for the purpose of inspecting said premise to verify all
terms and conditions of this special use permit have been met.
SECTION 4: The special use permit is granted so long as the owner, occupant and users of
this property utilize the area for the purposes as herein designated.
SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use as granted and
amended hereunder.
SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of
Morton Grove Ordinances and Codes that are applicable.
SECTION 7: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 10`h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this 10th day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
10th day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
µ'x` Village of Morton Grove
Department of Community Development
To: Village President and Board of Trustees
From: Ronald Farkas, Chairperson, Plan Commission
Nancy Radzevich, AICP, Community and Economic Development Directories
Dominick A. Argumedo, AICP, Zoning Administrator /Land -Use Planner
Date: August 4, 2015
Re: Plan Commission Case PC15 -07: Ultimate Fitness, request for a Special
Use Permit for a Physical Fitness and Health Service Use Greater than
1,000 sq. ft., to allow for the operation of a fitness center with private
classes and personal training (Ordinance 07 -07) at 6231 Dempster Street
Commission Report
Public Hearing Notice
The Village provided public notice of PC 15 -07 for the July 20, 2015 Plan Commission public
hearing in accordance with the Unified Development Code, The Pioneer Press published the
public notice on July 2, 2015, and the Village mailed letters notifying surrounding property
owners and a public notice sign was placed on the subject property on July 10, 2015,
Background
David Englund, 8532 Marmora Avenue, owner of Ultimate Fitness, Inc., is applying for a special
use permit for a physical fitness facility greater than 1,000 sq. ft, at 6231 Dempster Street,
Ultimate Fitness is a specialized physical fitness facility that provides scheduled fitness classes
and personal training sessions. The Unified Development Code requires a special use permit for
all physical fitness and health services greater than 1,000 sq. ft, in the C1 District (Section 12 -4-
3: D).
I i n i JJ -- ?:i ED`�:1
' wtt
,j. " 3 i
%2j!
!J j
�J .J
6231 DEMPSTER STREET CONTEXT MAP
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
David Englund owns and operates Ultimate Fitness. For the last 12 years, he has operated his
fitness facility at 823 Emerson Street, Evanston, but is proposing to move his businesses to
Morton Grove. He intends to operate the Morton Grove Ultimate Fitness location in a similar
manner to his Evanston location.
The subject property, 6231 Dempster Street, is located on the south side of Dempster Street
between Fernald and Ferris Avenues. The applicant's proposed location is a vacant 5,314 sq. ft.
tenant space located within a single story multi- tenant commercial building. There are currently
seven (7) parking spaces on site.
The property is zoned C1 General Commercial District. The properties that border the proposed
location along Dempster Street to the east and west are also commercial, while the properties
to the south, across the alley are residential. The Park District, Harrer Park and Civic Center are
located across Dempster Street.
Overview of the Application
The applicant has advised staff that Ultimate Fitness is a specialized fitness facility and is
operated on an appointment basis only for the personal training sessions and also includes
scheduled group classes. Ultimate Fitness will not operate as a traditional open gym where
customers workout at their own convenience.
Per the applicant's special use application, Ultimate Fitness is proposing to be open from 6AM-
9PM Monday thru Friday and 10AM -4PM on Saturday and Sunday. Group classes are typically
scheduled mid- morning (9:30AM) or early evening (5:45PM and 6:45 PM) and the maximum
class size is approximately 15 participants. Personal trainers would work with one or two clients
at a time. One trainer will be on -site for a training session or a class. In order to minimize the
potential conflicts due to overlapping parking demand, the applicant has stated he will stagger
the class times, allowing a minimum of 20 minutes between the end of one class and the
beginning of the next class.
Parking and Traffic Analysis
Traffic Impact
In accordance with ordinance requirements for a special use application (Section 12- 7 -3:B), the
applicant hired Eriksson Engineering Associates (EEA) to complete a traffic and parking study
for the proposed facility (Ultimate Fitness Traffic and Parking Study, dated July 8, 2015
revised).
The submitted traffic study notes that the traffic generated by the proposed Ultimate Fitness
will range from 30 trips per hour during the times where Ultimate Fitness operates classes to
only a few trips per hour when personal training sessions are scheduled. Based on the
applicant's intent to schedule the classes after the peak morning (9:30AM) and at the tail end of
evening commute periods (5:45PM and 6:45PM), EEA concludes that there will be a minimal
impact on existing traffic patterns on adjacent roadways.
Parking Analysis
Per Section 12 -7 -3:B of the Unified Development Code, "For special uses, the proposed parking
standards identified in subsection I, 'Required Spaces By Use', of this section, shall be advisory
2
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
only. The final parking required for each special use shall be decided by the village board based
on the submitted, independent traffic and parking study and any traffic and parking
recommendation or study prepared by the village staff or village consultants or any pertinent
village commission and the recommendation of the plan commission."
The parking requirement for a physical fitness and health service use greater than 1,000 sq. ft.
is one (1) space for every 150 sq, ft. of floor area (Section 12- 7 -3:I). As such, 35 parking
spaces would be required for the proposed 5,314 sq. ft. facility to meet ordinance requirements.
Staff notes that the parking requirements in the codes are more aligned with parking demands
for traditional fitness centers versus specialized training facilities. As noted above, the parking
standards in this ordinance are advisory to the Plan Commission for a special use application
and should be reviewed in conjunction with the submitted traffic and parking study.
As previously noted, the subject property where the applicant is proposing to locate his fitness
facility, is a multi- tenant commercial building. In addition to the space that would be occupied
by Ultimate Fitness, the other tenant spaces include: Seoul Travel Office, Foot Health Care
Center, and Family Dental Care. The site includes seven (7) off - street parking spaces behind
the building, An additional 17 public parking spaces exist along both sides of Fernald Avenue
just south of Dempster Street.
Per Section 12- 7 -3:1-1.3 of the Unified Development Code, the parking requirement for a multi -
tenant commercial building shall be modified to reflect that the parking stalls are shared among
disparate commercial uses that may operate during different points of the day. This is the case
with the proposed site, as Ultimate Fitness would share the available parking spaces with three
other commercial tenants.
Parkinn Rpnadrpmont nor ¢hmroA on.le:..�
Building / Site
Parking
Stand
Shared Parking Modifier for
Shared
Req't, Sec,
Alone
Time Period that Requires
Parking
12 -7 -3:I
Parking
Highest On -Site Parking 6PM-
Req't
Re 't
ZAM. Sec, 12- 7 -3:H.3
Ultimate Fitness
1 space per
35 Parking
90% (Entertainment /Recreation)
(6231 Dempster
150 sq. ft.
Spaces
32 Spaces
St. )
(5,314 sq. ft.)
Seoul Travel
1 Space per
5 Parking
5% (Office)
(6227 Dempster
250 sq. ft.
Spaces
1 Space
St.)
1,349 sq, ft.)
Foot Health
1 Space per
5 Parking
5% (Office)
Center (6225
250 sq. ft.
Spaces
1 Space
Dempster St.)
(1,349 sq. ft.)
Family Dental
1 Space per
5 Parking
5% (Office)
1 Space
Care (6221
250 sq. ft.
Spaces
Dempster St.)
(11349 sq. ft.)
Total
35 Req'd
Spaces
93
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
In order to evaluate the parking demand versus actual available parking, EEA's traffic study
included observations of parking spaces on Wednesday June 24, 2015 from 9AM to 7PM. During
the study day, EEA observed a maximum of four (4) occupied on -site parking spaces (peak =
noon hour) and no more than 1 of the total 17 spaces along Fernald Avenue were occupied
throughout the day. On the day EEA made their observations, the dental office was closed. In
order to account for their parking demand, EEA use the Transportation Engineers Parking
Generation Manual to project that this dental office would have a parking demand of two (2)
spaces. Staff notes that the dental office is only open two days per week, Monday and
Thursday. Based on their observations and data in the TEPG Manual, EEA determined the
existing parking demand would be a maximum of seven (7) vehicles, on days when the dental
office is open, and a maximum of five (5) vehicles on the other days.
EEA projects that the peak parking demand for Ultimate Fitness will be during a scheduled class
and would be approximately 16 spaces (based on a 15 person class size and one instructor).
EEA notes the peak parking demand would likely occur during the morning class time (9:30AM).
Staff notes that even if the peak parking demand for the existing businesses were maximized
during the same peak period for Ultimate Fitness, the projected maximum parking demand
would be 23 parking spaces, which could be accommodated by the 24 parking spaces available
(on -site and street parking).
iPp.ak Parkinn OccaccmOni nwnmriu%u
Building /Site
Available
Required
Projected Peak
Parking Surplus
Parking
Parking -per
Demand (existing
shared parking
businesses +
ordinance
Ultimate Fitness
6231 Dempster
On -site: 7
35 spaces
Maximum Peak Parking
1 space (23 space
Street (Existing
spaces.
Demand: 23
demand for 24
+ proposed
available
Ultimate
Street: 17 spaces
immediate
Fitness)
on Fernald
spaces)
Avenue
Commission Reviews
Traffic Safety Commission
Per Section 12 -16 -4 of the Unified Development Code, the applicant appeared before the Traffic
Safety Commission at their July 9, 2015 meeting. Although the applicant's traffic engineer had
submitted an updated traffic study on July 8, 2015, addressing the Village Engineers' concerns,
the TSC did not receive it in time to review before their meeting. As such, the applicant and a
representative from EEA provided the TSC with verbal responses to the comments the Village
Engineer had on their original traffic study.
At that meeting, Commissioners' expressed some concerns about the scheduling of the classes.
They suggested the applicant consider scheduling the classes with sufficient time in between to
minimize the overlap of vehicles between those leaving and those arriving for the next class.
That applicant stated that he would schedule the classes with a minimum of 15 -20 minutes
between the end of one class and beginning of the next class. Based on the submitted
information and testimony provided at the meeting, the proposal was unanimously
recommended for approval with the conditions suggested by staff. (See attached TSC Staff
Report, from the Village Engineer dated July 13, 2015).
0
Plan Commission Report - August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
July 20, 2015 Public Hearing
Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated July
13, 2015 into the public record.
The applicant, David Englund, and Steve Corcoran with Erikson Engineering were sworn in.
Mr. Englund gave a brief history of his Evanston Ultimate Fitness facility which he has operated
for 12 years. Ultimate Fitness holds group classes and personal training sessions and is not an
open unsupervised gym. He is proposing to move his business to Morton Grove as the building
which housed Ultimate Fitness in Evanston will be torn down for residential use.
Steve Corcoran, Erikson Engineering, who performed the traffic study for this site, noted that
classes held at Ultimate Fitness will be scheduled during off peak hours. As there are seven (7)
parking spaces on site with 17 diagonal parking spaces along Fernald Avenue, their analysis and
site observation showed that sufficient parking exists to satisfy the operation of the facility.
Commissioner Blonz stated there are 35 spaces required according to the Village of Morton
Grove's code. Mr. Corcoran said that the Unified Development Code's regulations are designed
for a traditional commercial gym where individuals come at their own discretion and noted
Ultimate Fitness will operate on an appointment schedule and /or with group classes. The
parking study conducted noted a class size of 15 people plus the instructor.
Commissioner Blonz asked if it was appropriate for the applicant to count the street parking
spaces to meet their demand. Ms. Radzevich, Director of Community and Economic
Development, noted that on- street parking that abuts the businesses along Fernald Avenue, as
with other streets directly off Dempster in the commercial district, is designed to accommodate
and support area businesses. In this case, the current parking along Fernald is abundant and
currently underutilized and, as such, it would be appropriate to consider these parking spaces in
supporting the parking demand for this business.
Public Hearing — Public Comment
Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one
asked to speak.
Public Hearing —Board Discussion and Vote
Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a
motion to approve this case.
Commissioner Shimanski moved to recommend approval of Case PC 15 -07, request for a special
use permit for a physical fitness and health service use, greater than 1,000 sq. ft., to allow for
the operation of fitness center with scheduled fitness classes and personal training, in
accordance with Section 12 -4 -3:13 of the Morton Grove Unified Development Code (Ordinance
07 -07) at 6231 Dempster Street Case with the following conditions:
The site and building shall be developed and operated in accordance with the plans and
supporting documents in the application, including Draft Schematic Layout, submitted by
David Englund, dated 6/26/2015.
2. The applicant shall comply with all recommendations suggested by the Traffic Safety
Commission as follows:
Plan Commission Report — August 4, 2015
PC #15 -07: Ultimate Fitness /Special Use
A. On street - parking typically should not be included in parking supply for a
business. In this case, a significant percentage of anticipated peak demand
parking supply is expected to be provided by public on- street parking spaces.
B. It should be clarified how the site's 7 existing parking spaces are legally reserved
for each of the several businesses which exist on the site.
3. The applicant shall schedule classes to minimize overlap in parking demand, such that
the start of a new class shall not be scheduled any sooner than 20 minutes after the end
of the preceding class.
4. The applicant shall limit classes to no more 15 total persons at a time, during the day,
and no more than 20 persons during evenings, to minimize parking conflicts with other
businesses within this commercial building.
5. The applicant shall schedule the personal one -to -one or one -to -two training sessions to
minimize overlap with high attendance group classes, particularly during peak business
hours for the other businesses within this commercial building;
6. The applicant shall advise the Director of Community and Economic Development of any
proposed change in ownership or any change in operation of Ultimate Fitness, including
but not limited to increasing class sizes, increasing the number of concurrent classes
and /or training sessions, allowing for open gym work -out, or other similar operational
changes that would increase the parking demand. Such changes may subject the
owners, lessees, and users of 6231 Dempster Street to additional conditions and may
serve as the basis for further amendment to the special use permit.
The motion was
seconded
by
Commissioner Dorgan. The application was unanimously
recommended for
approval (6 -0,
Khan
absent).
0
DEPARTMENT REVIEWING TRAFFIC SAFETY COMMISSION
ATTACHMENT: I.
ULLAGE OF • • GROVE, •
ELAN �REVIEW •
DATE • •
CASE •
The site review plans attached have been submitted for Plan Commission action. Please return your
review to the Department of Community Development by
Thank you, Dominick Argumedo, Zoning Administrator
NOTE: IF THIS MATERIAL IS NOT NEEDED FOR YOUR FILES, PLEASE RETURN WITH YOUR
COMMENTS,
WMMENTS OR CONCERNS (Discuss Briefly)
I. Traffic Impact – Change reference from "Falk Avenue" to "Fernald Avenue ".
2. Traffic Impact – The report should clarify if the operation would include any personal training of 1
to 2 clients occurring at the same time as a class. If so, the parking demand calculations should
be revised accordingly.
3. Zoning Code Requirements – The quick analysis is incomplete, misleading and poorly organized to
the rest of the analysis, which makes the report confusing to interpret for a non - technical reader.
Municipal Code Section 12 -7 -313 specifies parking requirements in subsection "I" are advisory only
for special uses —this is relevant and should be stated in the analysis.
4. The section titled "Parking Requirements" is misleading. ITE Parking Generation Manual is used
for forecasting parking needs. The author asserts ITE does not have a relevant forecast for this
operation, but that does not eliminate relevant parking requirements. The section should be
renamed; perhaps rename to "Parking Forecast" or perhaps move to section titled "Parking
Survey and Total Demand ",
5. Parking Supply - The special permit parking zones (e.g. Zone 11) were created by the Village
generally to preserve the ability of residents and their guests to park on their street and to
discourage parking for commuter or commercial purposes. The report should acknowledge the
residential development on street south of the alley and the applicant should offer to discourage
the business' clients parking south of the alley.
6. Parking Supply - The existing parking lot does not include any accessible parking spaces. The
proposed remarking of the parking lot would require 1 accessible parking space. A 16 -foot wide
accessible parking space would add one parking space to the site if the truck loading dock area
was repurposed for parking.
7. Parking Survey and Total Demand – The scheduling of the classes will affect parking demand and
this has not been analyzed. Consecutive classes generally result in nearly doubling the parking
demand because of early arrivals and late departures of clients. The class scheduling should be
discussed in the study. Reasonable spacing between classes during off -peak hours create a high
turnover rate of parking (I.e. less than 2 hours per vehicle) and can mitigate the perception of
parking saturation; it could be characterized as a favorable attribute of this development.
S. Parking Survey and Total Demand — Forecasts for the medical office, dental office, travel agency
and barber shop would provide a useful comparison to the parking utilization from the survey.
9. Conclusion — The assertion that the total available parking can accommodate peak demand should
be confirmed with regard to the comments above.
10. Conclusion — The need for an accessible parking space should be included with discussion of
remarking the parking spaces.
11. On street parking typically should not be included in parking supply for a private business, in this
case, a significant percentage of anticipated peak demand parking supply is expected to be
provided by public on- street parking spaces.
12. It should be clarified how the site's 7 existing parking spaces are legally reserved for each of the
several businesses which exist on the site,
i nese commerim accuratery, repr��_4 g� ulations or policies.
Traffic Safety Commission: _�
Date:
Legislative Summary
Resolution 15 -59
AUTHORIZING THE PURCHASE OF A NEW SINGLE AXLE
DUMP TRUCK WITH A SNOW PLOW AND SALT SPREADER
FROM TRANS CHICAGO TRUCK GROUP
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
August 10, 2015
To authorize the Public
Works Director to
purchase a New Single Axle
Dump Truck
With a Snow Plow and
Salt Spreader from
Trans Chicago Truck Group
To replace an existing 1987 Ford L8000 Dump Truck with a new vehicle of
similar specifications.
The Public Works Department routinely reviews vehicles and equipment for
fuel economy, safety, dependability, age, and excessive repair cost.
Replacing or eliminating equipment which no longer meets the department's
needs. The Vehicle Maintenance Division subsequently drafted
specifications for a New Single Axle Dump Truck With a Snow Plow and
Salt Spreader, which included the trade -in of an existing 1987 Ford L8000
Dump Truck which has exceeded the expected service life. Three Truck
Dealers were notified and four bids were received (which included two
separate bids from the same dealership) with favorable results.
Public Works and Finance
$149,720.00 which includes a $1,400.00 trade -in credit.
GEO Bond Fund Account Number: 035060-572110
The Public Works Department as part of their normal work activities will
provide the needed documentation and perform the work required to make
this purchase.
Approval as presented.
Not required
Special Considerations or N/A
Requirements:
Respectfully submitted: Reviewed
Thomas J. P5ef, Village j9 dm_ inistrator Pro Tem
Reviewed by Prepare
dy De Monte, Director of Public Works
RESOLUTION 15 -59
AUTHORIZING THE PURCHASE OF A
NEW SINGLE AXLE DUMP TRUCK WITH A SNOW PLOW
AND SALT SPREADER FROM TRANS CHICAGO TRUCK GROUP INC
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 Public Works Department routinely reviews vehicles and equipment for
fuel economy, safety, dependability, age, and excessive repair cost, and when necessary
replacing or eliminating equipment that no longer meets the department's needs; and
WHERAS, the Public Works Department has determined the existing 28 year old 1987
Ford L8000 Dump Truck is no longer a dependable piece of equipment; and
WHEREAS, the Village Board voted on and approved Ordinance 15 -02 on February 23,
2015, which provides funding as General Obligation Bonds, Series 2015, of the Village of
Morton Gove, Cook County, Illinois, in -order to fund general municipal improvements; and
WHEREAS, the Public Works Maintenance Department advertised and sent out three bid
notices that included specifications; and
WHEREAS, four (4) bids were received (which included two separate bids from the
same dealership) which were reviewed by
the Public Works
Director and the Head Mechanic of
the Vehicle Maintenance
Division on July
9, 2015, with the
following results:
Trans Chicago Truck Group
776 North York Road, Elmhurst Illinois 60126
2016 Freightliner Dump Truck
With a Snow Plow and Salt Spreader
Minus the Village's Trade: 1987 Ford L8000
Purchase Price:
Central Illinois Truck Group
4301 N. Bell School Rd. Loves Park, Illinois 61111
2016 Kenworth Dump Truck
With a Snow Plow and Salt Spreader
Minus the Village's Trade: 1987 Ford L8000
Purchase Price:
$151,120.00
$ 1,400.00
$1499720,00
$159,770.00
$ 2,000.00
$157,770,00
Central Illinois Truck Group
22570 W. Hwy 60, Grayslake Illinois 60030
2016 Mack Dump Truck
With a Snow Plow and Salt Spreader $158,387.43
Minus the Village's Trade: 1987 Ford L8000 $ 2,000.00
Purchase Price: $156,387.43
Pozzo Truck Center
3001 E. 15`h Place, Gary Indiana 46403
2016 Mack Dump Truck
With a Snow Plow and Salt Spreader $183,325.00
Minus the Village's Trade: 1987 Ford L8000 $ 11000.00
Purchase Price: $1829325.00
and
WHEREAS, the recommendation for purchase is the 2016 Freightliner Dump Truck with
a Snow Plow and Salt Spreader from Trans Chicago Truck Group for the purchase price of
$149,720.00 which includes the trade -in of the 1987 Ford L8000 Dump Truck; and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY,
ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Director of Public Works and Finance Director of the Village of
Morton Grove are hereby authorized to execute the purchase of a 2016 Freightliner Dump Truck
with a Snow Plow and Salt Spreader for One Hundred Forty-Nine Thousand Seven Hundred
Twenty dollars ($149,720.00), the purchase shall include the trade -in of the 1987 Ford L8000
Dump Truck.
SECTION 3: This Resolution shall be in full force and effect from and upon its passage
and approval.
Passed this 10`h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minix
Pietron
Ramos
Thill
Witko
Approved by me this 10`h day of July 2015
Daniel P. DiMaria , Village President
Village of Morton Grove
Cook County, Illinois
Attested and Filed in my office
This 11`h day of August 2015
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
Resolution 15 -60
AUTHORIZING A CONTRACTUAL AGREEMENT WITH
RAFTELIS FINANCIAL CONSULTANTS, INC. FOR WATER RATE ANALYSIS SERVICES
RELATING TO THE NEGOTIATIONS OF A LONG -TERM WATER SUPPLY AGREEMENT
BETWEEN THE CITY OF EVANSTON AND THE VILLGES OF NILES AND MORTON GROVE
Introduced:
August I O, 2015
Synopsis:
This Resolution will authorize an agreement with Raftelis Financial Consultants, Inc. for services relating
to the development and implementation of a long -term water supply agreement with the City of Evanston.
Purpose:
The Village of Morton Grove has purchased water from the city of Chicago for many years; however, due
to recent substantial rate hikes they believe it is in their best interest to find an alternative water source at a
more favorable rate. Due to the technical and specialized nature of water supply contracts, it is in the best
interest of the Village to retain a financial consultant with specialized expertise in the analysis of the
factors and components used in determining the wholesale water rate.
Background:
For many decades, the Village of Morton Grove has purchased water from the city of Chicago. Due to
recent substantial rate hikes from the city, the Village began working in collaboration with the village of
Niles to negotiate a long tern water supply agreement with the city of Evanston. An important
component of this contract is the wholesale water rate Evanston proposes to charge Niles and Morton
Grove. Said rate is based on a formula which allocates the value of the assets and expenses Evanston will
utilize to collect, treat, and deliver water to Niles and Morton Grove. It is in the best interest of the
Village therefore to retain a financial analyst with specialized expertise in the analysis of the factors and
components used in determining the wholesale water rate. Raftelis Financial Consultants of Kansas City,
Missouri ( "Raftelis ") is a highly regarded nationally renown expert in evaluating wholesale water rates
and has successfully assisted the Northwest Water Commission, Village of Glenview, and City of
Naperville for projects similar in size and complexity to the Villages' negotiations with the city of
Evanston. Raftelis has proposed to review and analyze Evanston's existing assets, costs and expenses to
ensure they are appropriately valued and allocated among all its customers; evaluate the proposed rate of
return, proposed replacement cost of the system's assets, and the proposed allocation of total system
capacity among all customers in order to assist Morton Grove and Niles with negotiating the wholesale
water rate. This contract will authorize a contract to engage Raftelis Financial Consultants to provide
these services.
Programs, Departs
Legal, Administration, and Finance Department
or Groups Affected
Fiscal Impact:
Raftelis Financial Consultants, Inc.'s fees will be based on the actual amount of work performed. The fee
for this contract shall not exceed $38,800. The Village of Morton Grove and the Village of Niles will
equally pay all approved charges.
Source of Funds:
Enterprise Fund
Workload Impact:
The Legal Department as part of their normal work activities will oversee the implementation of the
contact and agreement.
Admin Recommend:
Approval as presented.
First Reading:
Not required.
Special Considerations None
or Requirements:
Respectfully submitted:
Administrator Pro Tem
Prepared by"— �15�/( " ///�
Teresa Hoffma ston, Corporation Counsel
RESOLUTION 15 -60
AUTHORIZING A CONTRACTUAL AGREEMENT WITH
RAFTELIS FINANCIAL CONSULTANTS, INC. FOR WATER RATE ANALYSIS SERVICES
RELATING TO THE NEGOTIATIONS OF A LONG -TERM WATER
SUPPLY AGREEMENT BETWEEN THE CITY OF EVANSTON AND THE
VILLAGES OF NILES AND MORTON GROVE
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, for many decades, the Village of Morton Grove has purchased water from the city of
Chicago. Due to recent substantial rate hikes from the city of Chicago, the Village began working in
collaboration with the Village of Niles to negotiate a long term water supply agreement with the City of
Evanston; and
WHEREAS, an important component of the contract negotiations is the determination of the wholesale
water rate Evanston proposes to charge Niles and Morton Grove. Said rate is based on a formula which
allocates the value of the assets and expenses Evanston will utilize to collect, treat, and deliver water to
Morton Grove and Niles; and
WHEREAS, due to the technical and specialized nature of water supply contracts, it is in the best
interest of the Village to retain a financial analyst with specialized expertise in the analysis of the factors
and components which are used in determining the wholesale water rate; and
WHEREAS, in response to a Request for Qualifications, the Villages received a proposal from
Raftelis Financial Consultants of Kansas City, Missouri ( "Raftelis "). Raftelis is a highly regarded
nationally renown expert in evaluating wholesale water rates, and has successfully assisted the Northwest
Water Commission, Village of Glenview, and City of Naperville for projects similar in size and
complexity to the Villages' negotiations with the city of Evanston; and
WHEREAS, Raftelis has proposed to review and analyze Evanston's existing assets, costs and
expenses to ensure they are appropriately valued and allocated among all its customers; evaluate the proposed
rate of return, proposed replacement cost of the system's assets, and the proposed allocation of total system
capacity among all customers; and
WHEREAS, Village staff has recommended the Villages of Niles and Morton Grove jointly retain the
services of Raftelis Financial Consultants of Kansas City, Missouri as their financial consultant to evaluate
and assist with the negotiations of the wholesale water rate for a long term water supply agreement with the
City of Evanston pursuant to the terms set forth in the professional service agreement attached hereto as
Exhibit "A ".
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses
into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth.
SECTION 2: The Village President is hereby authorized to execute a joint agreement between the
Villages of Morton Grove and Niles and Raftelis Financial Consultants of Kansas City, Missouri for
financial consulting services in substantial conformity to Exhibit "A" attached hereto.
SECTION
3:
The
Village
Administrator, and Corporation Counsel and/or his/her designee are
hereby authorized
to
take
all steps
necessary to implement said contract.
SECTION 4: This Resolution shall be in full force and effect upon its passage and approval.
Passed this 10`h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minix
Pietron
Ramos
Thill
Witko
Approved by me this 10`h day of August 2015
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
Attested and Filed in my office
this I Ith day of August 2015
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
Execution Copy
VILLAGE OF MORTON GROVE
VILLAGE OF NILES
PROFESSIONAL SERVICES AGREEMENT
FOR JOINT WATER PURCHASE PROJECT
THIS AGREEMENT is dated as of the 10th day of August 2015 ( "Agreement')
and is by, between and among the VILLAGE OF MORTON GROVE, an Illinois municipal
corporation ( "Morton Grove'), the VILLAGE OF NILES ( "Niles'l (Morton Grove and Niles
collectively sometimes referred to as "Villages') and the Consultant identified in Subsection 1A
below.
IN CONSIDERATION OF the recitals
forth in the Agreement, and pursuant to the
parties agree as follows:
SECTION 1. CONSULTANT.
A. Engagement of Consultant.
Consultant identified below to provide all nei
perform the work in connection with the project
and the mutual covenants and agreements set
Villages' statutory and home rule powers, the
The Villages desire to jointly engage the
.essary professional consulting services and to
identified below:
Raftelis Financial Consultants, Inc. ( "Consultant ")
3013 Main Street
Kansas City, MO 64108
Telephone: (816) 285 -9020
Email: wstannardta'�raftelis.com
B. Project Description. In connection with the Villages' consideration and analysis
of alternate sources of supply of Lake Michigan water, and preparation and negotiation of
contracts and other documents pertaining to an alternate source of supply, the Consultant will
provide wholesale water rate consulting services to, and analysis and advice in support of, the
Villages' efforts to procure an alternate source of supply.
C.
Retention
Representations
of Consultant. The Consultant has submitted
to the Villages
The
Villages
a description
of the services to be provided by the
Consultant, a copy of which
is attached as
Exhibit A to
this Agreement ( "Services'l. The
Consultant represents that
it is financially
solvent, has the necessary financial resources, and
is sufficiently experienced and competent to
perform and
complete the professional consulting
services set forth in Exhibit
A in a manner
consistent with
the standards of professional practice
by recognized consulting
firms providing
services of a
similar nature.
D. Agreement Amount. The total amount billed by the Consultant for the Services
under this Agreement shall not exceed Sixty Eight Thousand Dollars ($68,000.00) for all Phases
of the Services and for Phase I of the Services shall be not more than $38,800.00, as outlined in
Exhibit B, which not -to- exceed amount includes reimbursable expenses as identified in Exhibit
B. unless amended pursuant to Subsection 8A of this Agreement. Only Phase I of the Services
are authorized upon execution of this Agreement, and Phase 11 Services may be authorized only
if approved by both the Village Administrator of Morton Grove and the Village Manager of Niles.
SECTION 2. SCOPE OF SERVICES.
A.
Retention
of
the
Consultant.
The
Villages
retain the Consultant to perform,
and the Consultant agrees to
perform, the Services.
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B. Services. The Consultant shall provide the Services pursuant to the terms and
conditions of this Agreement.
C. Commencement: Time of Performance. The Consultant's provision of
Services commenced on July 31, 2015 (the "Commencement Date'. The Consultant shall
diligently and continuously prosecute the Services until the completion of the Work in
accordance with deadlines established for particular tasks from time to time ( "Time of
Performance'l.
D. Assignments: Coordination: Reporting. Assignments and tasks will be
assigned to the Consultant shall regularly report to William Balling of WRB, LLC, regarding the
progress of the Services during the term of this Agreement. The Consultant will coordinate all
work with William Balling of WRB, LLC.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount. The total amount billed for the Proposal during the term of
this Agreement shall not exceed the amount identified as the Agreement Amount in Subsection
1 D of this Agreement, without the prior express written authorization of the Villages.
B. Invoices and Payment. The Consultant shall be paid as provided in Exhibit B.
The Consultant shall submit invoices to the Villages in an approved format for those portions of
the Services performed and completed by the Consultant. The amount billed in any such
invoice shall be based on the method of payment set forth in Exhibit B. Each Village shall be
responsible for one -half of the amount billed for the Services and each Village shall pay to the
Consultant the amount billed to it within 30 days after its receipt and approval of such an
invoice.
C. Records. The Consultant shall maintain records showing actual time devoted
and costs incurred, and shall permit the authorized representative of the Villages to inspect and
audit all data and records of the Consultant for work done under the Agreement. The records
shall be made available to the Villages at reasonable times during the Agreement period, and
for three years after the termination of the Agreement.
D. Claim In Addition To Agreement Amount. If the Consultant wishes to make a
claim for additional compensation as a result of action taken by the Villages, the Consultant
shall provide written notice to the Villages of such claim within 7 days after occurrence of such
action as provided by Subsection 8D of this Agreement, and no claim for additional
compensation shall be valid unless made in accordance with this Subsection. Any changes in
the Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8A
of this Agreement. Regardless of the decision of the Villages relative to a claim submitted by
the Consultant, the Consultant shall proceed with all of the Services required to complete the
Services under this Agreement as determined by the Villages without interruption.
E. Taxes. Benefits and Royalties. The Agreement Amount includes all applicable
federal, state, and local taxes of every kind and nature applicable to the Services as well as all
taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits,
pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on,
or the incorporation into, the Services, of patented or copyrighted equipment, materials,
supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim
additional compensation by reason of the payment of any such tax, contribution, premium,
costs, royalties, or fees is hereby waived and released by Consultant.
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F. Final Acceptance. The Services, or, if the Services are to be performed in
separate phases, each phase of the Services, shall be considered complete on the date of final
written acceptance by each of the Villages of the Services or each phase of the Services, as the
case may be, which acceptance shall not be unreasonably withheld or delayed.
SECTION 4. PERSONNEL SUBCONTRACTORS.
A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall
be primarily responsible for carrying out the Services on behalf of the Consultant. The Key
Project Personnel shall not be changed without the Villages' prior written approval.
B. Availability of Personnel. The Consultant shall provide all personnel necessary
to complete the Services including, without limitation, any Key Project Personnel identified in
this Agreement. The Consultant shall notify the Village as soon as practicable prior to
terminating the employment of, reassigning, or receiving notice of the resignation of, any Key
Project Personnel. The Consultant shall have no claim for damages and shall not bill the Village
for additional time and materials charges as the result of any portion of the Services which must
be duplicated or redone due to such termination or for any delay or extension of the Time of
Performance as a result of any such termination, reassigning, or resignation.
C. Approval and Use of Subcontractors. The Consultant shall perform the
Services with its own personnel and under the management, supervision, and control of its own
organization unless otherwise approved by the Villages in writing. The use of the firm of
Crawford Murphy & Tilly, Inc. as subcontractor is approved by the Villages. All subcontractors
and subcontracts used by the Consultant shall be acceptable to, and approved in advance by,
the Villages. The Villages' approval of any subcontractor or subcontract shall not relieve the
Consultant of full responsibility and liability for the provision, performance, and completion of the
Services as required by the Agreement. All Services performed under any subcontract shall be
subject to all of the provisions of this Agreement in the same manner as if performed by
employees of the Consultant. For purposes of this Agreement, the term "Consultant" shall be
deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include
a provision binding the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor
fails to perform the Services in a manner satisfactory to the Villages, the Consultant shall
immediately upon notice from the Villages remove and replace such personnel or subcontractor.
The Consultant shall have no claim for damages, for compensation in excess of the amount
contained in this Agreement or for a delay or extension of the Time of Performance as a result
of any such removal or replacement.
SECTION 5. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term "Confidential Information" shall mean
information in the possession or under the control of the Villages relating to the technical,
business or corporate affairs of the Villages; property of the Villages; user information, including,
without limitation, any information pertaining to usage of the Villages' computer systems,
including and without limitation, any information obtained from server logs or other records of
electronic or machine readable form; and the existence of, and terms and conditions of, this
Agreement. Village Confidential Information shall not include information that can be
demonstrated: (i) to have been rightfully in the possession of the Consultant from a source
other than the Village prior to the time of disclosure of said information to the Consultant under
this Agreement ( "Time of Disclosure'); (ii) to have been in the public domain prior to the Time
of Disclosure; (iii) to have become part of the public domain after the Time of Disclosure by a
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publication or by any other means except an unauthorized act or omission or breach of this
Agreement on the part of the Consultant or the Villages; or (iv) to have been supplied to the
Consultant after the Time of Disclosure without restriction by a third party who is under no
obligation to the Villages to maintain such information in confidence.
B. No Disclosure of Confidential Information by the Consultant. The
Consultant acknowledges that it shall, in performing the Services for the Villages under this
Agreement, have access to or be directly or indirectly exposed to Confidential Information. The
Consultant shall hold confidential all Confidential Information and shall not disclose or use such
Confidential Information without express prior written consent of the Villages. The Consultant
shall use reasonable measures at least as strict as those the Consultant uses to protect its own
confidential information. Such measures shall include, without limitation, requiring employees
and subcontractors of the Consultant to execute a non - disclosure agreement before obtaining
access to Confidential Information.
SECTION 6. WARRANTY: INDEMNIFICATION: INSURANCE.
A. Warranty of Services. The Consultant warrants that the Services shall be
performed in accordance with the highest standards of professional practice, care, and diligence
practiced by recognized consulting firms in performing services of a similar nature in existence
at the Time of Performance. The warranty expressed shall be in addition to any other
warranties expressed in this Agreement, or expressed or implied by law, which are hereby
reserved unto the Villages.
B. Indemnification. The Consultant shall, without regard to the availability or
unavailability of any insurance, either of the Villages or the Consultant, indemnify, save
harmless, and defend each of the Villages, and its respective officials, employees, agents, and
attorneys against any and all lawsuits, claims, demands, damages, liabilities, losses, and
expenses, including attorneys' fees and administrative expenses, that arise, or may be alleged
to have arisen, out of or in connection with, the Consultant's negligent acts, errors, or omissions
in the performance of, or failure to perform, the Services.
C. Insurance. Contemporaneous with the Consultant's execution of this
Agreement, the Consultant shall provide certificates and policies of insurance, all with
coverages and limits acceptable to the Villages, and evidencing at least the minimum insurance
coverages and limits as set forth in Exhibit C to this Agreement. For good cause shown, the
Village Administrator of Morton Grove and Village Manager of Niles may extend the time for
submission of the required policies of insurance upon such terms, and with such assurances of
complete and prompt performance, as the Village Administrator or Village Manager may impose
in the exercise of his sole discretion. Such certificates and policies shall be in a form acceptable
to the Villages and from companies with a general rating of A minus, and a financial size
category of Class X or better, in Best's Insurance Guide. Such insurance policies shall provide
that no change, modification in, or cancellation of, any insurance shall become effective until the
expiration of 30 days after written notice thereof shall have been given by the insurance
company to the Villages. The Consultant shall, at all times during the term of this Agreement,
maintain and keep in force, at the Consultant's expense, the insurance coverages provided
above, including, without limitation, at all times while correcting any failure to meet the warranty
requirements of Subsection 6A, Warranty of Services, of this Agreement.
D. No Personal Liability. No elected or appointed official, or employee of the
Villages shall be personally liable, in law or in contract, to the Consultant as the result of the
execution of this Agreement.
Execution Copy
SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Consultant shall act as an independent
contractor in providing and performing the Services. Nothing in, nor done pursuant to, this
Agreement shall be construed (i) to create the relationship of principal and agent, employer and
employee, partners, or joint venturers between the Villages and Consultant; or (ii) to create any
relationship between the Villages and any subcontractor of the Consultant.
B. Conflict of Interest. The Consultant represents and certifies that, to the best of
its knowledge, (1) no employee or agent of the Villages is interested in the business of the
Consultant or this Agreement; (2) as of the date of this Agreement neither the Consultant nor
any person employed or associated with the Consultant has any interest that would conflict in
any manner or degree with the performance of the obligations under this Agreement; and (3)
neither the Consultant nor any person employed by or associated with the Consultant shall at
any time during the term of this Agreement obtain or acquire any interest that would conflict in
any manner or degree with the performance of the obligations under this Agreement.
C. No Collusion. The Consultant represents and certifies that the Consultant is not
barred from contracting with a unit of state or local government as a result of (i) a delinquency in
the payment of any tax administered by the Illinois Department of Revenue unless the
Consultant is contesting, in accordance with the procedures established by the appropriate
revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42.1 -1 et
seq. of the Illinois Municipal Code, 65 ILCS 5/11- 42.1 -1 et seq.; or (ii) a violation of either
Section 33E -3 or Section 33E -4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E -1
et seq. The Consultant represents that the only persons, firms, or corporations interested in this
Agreement as principals are those disclosed to the Villages prior to the execution of this
Agreement, and that this Agreement is made without collusion with any other person, firm, or
corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement,
colluded with any other person, firm, or corporation, then the Consultant shall be liable to the
Villages for all loss or damage that the Villages may suffer, and this Agreement shall, at the
Villages' option, be null and void.
D. Sexual Harassment Policy. The Consultant certifies that it has a written sexual
harassment policy in full compliance with Section 2- 105(A)(4) of the Illinois Human Rights Act,
775 ILCS 512- 105(A)(4).
E. Patriot Act Compliance. The Consultant represents and warrants to the
Villages that neither it nor any of its principals, shareholders, members, partners, or affiliates, as
applicable, is a person or entity named as a Specially Designated National and Blocked Person
(as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly,
for or on behalf of a Specially Designated National and Blocked Person. The Consultant further
represents and warrants to the Villages that the Consultant and its principals, shareholders,
members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are
not facilitating, the transactions contemplated by this Agreement on behalf of any person or
entity named as a Specially Designated National and Blocked Person. The Consultant hereby
agrees to defend, indemnify and hold harmless the Villages, their respective corporate
authorities, and all of each Village's elected or appointed officials, officers, employees, agents,
representatives, engineers, and attorneys, from and against any and all claims, damages,
losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising
from or related to any breach of the representations and warranties in this subsection.
F. Termination. Notwithstanding any other provision hereof, the Villages may
terminate this Agreement at any time upon 15 days prior written notice to the Consultant. In the
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event that this Agreement is so terminated, the Consultant shall be paid for Services actually
performed and reimbursable expenses actually incurred, if any, prior to termination, not
exceeding the value of the Services completed as determined as provided in Exhibit B.
G. Term. The Time of Performance of this Agreement, unless terminated pursuant
to the terms of this Agreement, shall expire on the date the Village Administrator of Morton
Grove and the Village Manager of Niles determines that all of the Services under this
Agreement, including warranty services, are completed. A determination of completion shall not
constitute a waiver of any rights or claims which the Villages may have or thereafter acquire with
respect to any breach hereof by the Consultant or any right of indemnification of the Villages by
the Consultant.
H. Compliance with Laws and Grants. Consultant shall give all notices, pay all
fees, and take all other action that may be necessary to ensure that the Services are provided,
performed, and completed in accordance with all required governmental permits, licenses, or
other approvals and authorizations that may be required in connection with providing,
performing, and completing the Services, and with all applicable statutes, ordinances, rules, and
regulations, including without limitation the Fair Labor Standards Act; any statutes regarding
qualification to do business; any statutes prohibiting discrimination because of, or requiring
affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited
classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1 -101 et seq. Consultant shall
also comply with all conditions of any federal, state, or local grant received by Owner or
Consultant with respect to this Contract or the Services.
Consultant shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi - governmental agency or body that may arise, or be alleged to have
arisen, out of or in connection with Consultant's, or its subcontractors', performance of, or failure
to perform, the Services or any part thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed
to be inserted herein.
I. Default. If it should appear at any time that the Consultant has failed or refused
to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that
assures completion of the Services in full compliance with the requirements of this Agreement,
or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement ( "Event of Default'), and fails to cure any such Event of Default
within ten business days after the Consultant's receipt of written notice of such Event of Default
from the Villages, then the Villages shall have the right, without prejudice to any other remedies
provided by law or equity, to pursue any one or more of the following remedies:
1. Cure by Consultant. The Villages may require the Consultant, within a
reasonable time, to complete or correct all or any part of the Services that are the
subject of the Event of Default; and to take any or all other action necessary to bring the
Consultant and the Services into compliance with this Agreement.
2. Termination of Agreement by Villages. The Villages may terminate
this Agreement without liability for further payment of amounts due or to become due
under this Agreement.
3. Withholding of Payment by Villages. The Villages may withhold from
any payment, whether or not previously approved, or may recover from the Consultant,
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any and all costs, including attorneys' fees and administrative expenses, incurred by the
Villages as the result of any Event of Default by the Consultant or as a result of actions
taken by the Villages in response to any Event of Default by the Consultant.
J. No Additional Obligation. The Parties acknowledge and agree that the Villages
are under no obligation under this Agreement or otherwise to negotiate or enter into any other or
additional contracts or agreements with the Consultant, or with any vendor solicited or
recommended by the Consultant.
K. Village Boards' Authority. Notwithstanding any provision of this Agreement,
any negotiations or agreements with, or representations by the Consultant to vendors shall be
subject to the approval of the Board of Trustees of each Village. The Village shall not be liable
to any vendor or other third party for any agreements made by the Consultant, purportedly on
behalf of the Villages, without the knowledge and approval of the Board of Trustees of the
Villages.
L. Mutual Cooperation. The Villages agree to cooperate with the Consultant in the
performance of the Services, including meeting with the Consultant and providing the
Consultant with such non - confidential information that the Villages may have that may be
relevant and helpful to the Consultant's performance of the Services. The Consultant agrees to
cooperate with the Villages in the performance of the Services to complete the Work and with
any other consultants engaged by the Villages.
M. News Releases. The Consultant shall not issue any news releases or other
public statements regarding the Services without prior approval from the Village Administrator of
Morton Grove and the Village Manager of Niles.
N. Ownership. Designs, drawings, plans, specifications, photos, reports,
information, observations, calculations, notes, and any other documents, data, or information, in
any form, prepared, collected, or received by the Consultant in connection with any or all of the
Services to be performed under this Agreement ( "Documents'l shall be and remain the
exclusive property of the Villages. At the Villages' request, or upon termination of this
Agreement, the Consultant shall cause the Documents to be promptly delivered to the Villages.
O. GIS Data. Each of the Villages have developed digital map information through
Geographic Information Systems Technology ( "GIS Data') concerning the real property located
within their respective Village. If requested to do so by the Consultant, each Village agrees to
supply the Consultant with a digital copy of the GIS Data, subject to the following conditions:
1. Limited Access to GIS Data. The GIS Data provided by a Village shall
be limited to the scope of the Work that the Consultant is to provide for that Village;
2. Purpose of GIS Data. The Consultant shall limit its use of the GIS Data
to its intended purpose of furtherance of the Work; and
3. Agreement with Respect to GIS Data. The Consultant does hereby
acknowledge and agree that:
a. Trade Secrets of the Villages. The GIS Data constitutes proprietary
materials and trade secrets of that Village and, shall remain the property of that Village;
Execution Copy
b. Consent of Villages Required. The Consultant will not provide or make
available the GIS Data in any form to anyone without the prior written consent of the
Village Administrator of Morton Grove or the Village Manager of Niles, as applicable;
C. Supply to Villages. At the request of a Village, the Consultant shall
supply that Village with any and all information that may have been developed by the
Consultant based on the GIS Data;
d. No Guarantee of Accuracy. The Villages make no guarantee as to the
accuracy, completeness, or suitability of the GIS Data in regard to the Consultant's
intended use thereof; and
e. Discontinuation of Use. At such time as the Services have been
completed to the satisfaction of the Villages, the Consultant shall cease its use of the
GIS Data for any purpose whatsoever; and, upon request, an authorized representative
of the applicable Village shall be afforded sufficient access to the Consultant's premises
and data processing equipment to verify that all use of the GIS Data has been
discontinued.
SECTION 8. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be
effective unless and until such amendment or modification is in writing, properly approved in
accordance with applicable procedures, and executed.
B. Assignment. This Agreement may not be assigned by the Villages or by the
Consultant without the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit
of the Parties hereto and their agents, successors, and assigns.
D. Notice. Any notice or communication required or permitted to be given under
this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable
overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail,
postage prepaid, (iv) by facsimile, or (v) by electronic internet mail ( "e- mail "). Facsimile notices
shall be deemed valid only to the extent that they are (a) actually received by the individual to
whom addressed and (b) followed by delivery of actual notice in the manner described in either
(i), (ii), or (iii) above within three business days thereafter at the appropriate address set forth
below. E -mail notices shall be deemed valid and received by the addressee thereof when
delivered by e-mail and (a) opened by the recipient on a business day at the address set forth
below, and (b) followed by delivery of actual notice in the manner described in either (i), (ii) or
(iii) above within three business days thereafter at the appropriate address set forth below.
Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon
the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as
evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail,
as evidenced by a return receipt. By notice complying with the requirements of this Subsection,
each Party shall have the right to change the address or the addressee, or both, for all future
notices and communications to such party, but no notice of a change of addressee or address
shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the following
address:
Execution Copy
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, Illinois 60053
Attention: Thomas Friel, Village Administrator Pro Tem
E -mail: tfriel(&mortongroveil.org
And to: Village of Niles
Village of Niles
1000 Civic Center Drive
Niles, IL 60714
Attention: Village Manager
E -mail: scv(@vniles.org
With a copy to:
Holland & Knight ALP
131 South Dearborn Street, 30th Floor
Chicago, Illinois 60603
Attention: Barbara A. Adams
E -mail: barbara.adams @hklaw.com
Notices and communications to the Consultant shall be addressed to, and delivered at, the
following address:
Raftelis Financial Consultants, Inc. ( "Consultant')
3013 Main Street
Kansas City, MO 64108
Telephone: (816) 285 -9020
Facsimile: (816) 285 -9021
Attention: William G. Stannard
Email: wstannard g raftelis.com
E. Third Party Beneficiary. No claim as a third party beneficiary under this
Agreement by any person, firm, or corporation other than the Consultant shall be made or be
valid against the Village.
F. Provisions Severable. If any term, covenant, condition, or provision of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be affected,
I
mpaired or invalidated.
G. Time. Time is of the essence in the performance of this Agreement.
H. Governing Laws. This Agreement shall be interpreted according to the internal
laws, but not the conflict of laws rules, of the State of Illinois.
I. Entire Agreement. This Agreement constitutes the entire agreement between
the parties and supersedes any and all previous or contemporaneous oral or written
agreements and negotiations between either of the Villages and the Consultant with respect to
the Proposal and the Services.
Execution Copy
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or
constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall
any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly
provided in this Agreement.
K. Exhibit. Exhibits A, B, and C are attached hereto, and by this reference
incorporated in and made a part of this Agreement. In the event of a conflict between the
Exhibit and the text of this Agreement, the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this
Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies,
and benefits allowed by law.
M. Counterpart Execution. This Agreement may be executed in several
counterparts, each of which, when executed, shall be deemed to be an original, but all of which
together shall constitute one and the same instrument.
(SIGNATURES FOLLOW ON NEXT PAGE]
10
ATTEST:
By:
Village Clerk
ATTEST:
By:
Village Clerk
ATTEST
By:
Name:
Title:
#36166759_v2
11
Execution Copy
VILLAGE OF MORTON GROVE
By:
Village Administrator Pro -Tern
VILLAGE OF NILES
By:
Village Manager
CONSULTANT
By:
Name:
Its:
Execution Copy
EXHIBIT A
SCOPE OF SERVICES
SCOPE OF SERVICES
Consultant proposes to provide the Services for "Phase I— Initial Review" as described on the
following pages.
Any Services that may be authorized
as part
of "Phase
II— Follow On
Analyses and
Negotiations' shall be as agreed pursuant
to Section
1.D
and Section &A of the
Agreement.
KEY PROJECT STAFF
Mr. William Stannard, P.E., will serve as the Project Director and Mr. Tom Beckley will serve as
the day -to-day Project Manager for Consultant's Services. They will coordinate with the team
as outlined in Sections 2.D and 4.0 of the Agreement and be assisted by other engineers and
technical staff as needed to perform the Services.
Exhibit A
Page 1 of 3
PHASE I
INITIAL REVIEW
TASK i - RE`dIEVV WATER
SUIJPLIER'S PRIOFI€ OSE D
RATES
The Project Team would review
the proposed rates from the
potential Water Supplier. The
materials reviewed will include
rate reports, spreadsheets, audits,
budgets, and other materials rel-
evant to the rate setting process.
Although the Villages did not
specify the water supplier they
are in negotiations with, it is our
understanding that the Water
Supplier is the City of Evanston
(the City), and if that is accurate
it is important to note that RFC
is familiar with the City's facil-
ities and assets as well as their
recent rate study prepared by
CDM Smith, so the Villages would
benefit from this prior experi-
ence and knowledge developed
during previous engagements
and efforts by RFC.
This review will include review
and analysis of the Water Suppli-
errs existing assets and facilities
to ensure they are appropriately
valued and allocated among
the supplier's customer classes;
review and analysis of the suppli-
er's operating and maintenance
expense to ensure they are
appropriate in magnitude as well
as appropriately allocated; and
review other assumptions used
by the water supplier in deter-
mining the Villages' proposed
rates. In particular other assump-
tions we believe would need to be
closely examined and considered
would include the proposed rate
VILLAGE OF MORTON GROVE AND VILLAGE OF NILES
Exhibit A
Page 2 of 3
of return, proposed weighting of
assets to determine true value
(i.e., weighting of original cost vs.
replacement cost), and proposed
allocation of total system capacity
among the water supplier, their
other wholesale customers, and
the Villages. The Project Team
includes both financial and engi-
neering professionals that will
be involved in this review to pro-
vide the in depth knowledge and
experience needed to consider all
aspects that affect the proposed
rate to the Villages from the
Water Supplier.
Included in this review will be a
review of any spreadsheets and
formulas used by the Water Sup-
plier in determining the proposed
rates for the Villages. The Project
Team has extensive experience
developing and reviewing sim-
ilar spreadsheets and formulas
for rate studies, and in particular
rates studies with wholesale rate
calculation.
We expect that this Task would
include on -site inspections of
the Water Supplier's facilities as
well as meetings with the Water
Supplier's staff and if possible, the
Water Supplier's rate consultants.
l3,fS s - PREPARE
F'Pa a. _l. F FrlltD INGS
Based on our review of the Water
Supplier's proposed rates and all
the supporting information, as
described in Task i, we will pre-
pare a written report outlining
our findings as they relate to
the Water Supplier's proposed
rates and in particular iden-
tify any items we believe may
need to be considered carefully
during negotiations to protect
the interests of the Villages. We
will provide the Villages with
a draft of this report for their
review and meet with staff from
the Villages to review our find-
ings and recommendations in
detail. Based on comments and
suggestions from Staff we would
revise and update the report as
necessary over the course of the
engagement to reflect additional
information or any changes that
may occur during negotiations
with the Water Supplier.
oASl : -t €JIElul';«
'ViE!7'1- IgGS AND
f:C:l�1i!t'.EliE1\i�:E E: /.ihl_S
Throughout the course of the
engagement the Project Team will
be available to attend meetings
and participate in conference
calls with staff from the Villages
as well as any other meetings
that may be necessary with the
Water Supplier and their advisors
and consultants. For conference
calls RFC has made extensive use
of web based collaboration tools
that can be used for ad hoc meet-
ings as well as remote meetings
and eliminating the time and
expense of travel. This Phase
includes three meetings in the
Villages to assess the Water Sup-
plier's assets and facilities, meet
with the Water Supplier and/
or their consultants, and meet
with Staff of the Villages as well
as conference calls supported
by internet based collaboration
tools that would be supplied by
the Project Team.
PHASE II
FOLLOW -ON
ANALYSES AND
NEGOTIATIONS
Based on the findings and results
of Phase I, the Project Team will
work with the VIllages to identify
additional analyses that may be
necessary to support negotiations
with the Water Supplier. The
Villages will be provided with
estimated scope and fees for any
such additional work before it is
undertaken.
Exhibit RAFTELIS FINANCIAL CONSULTANTS, INC.
Page 3 of 3
Execution Copy
EXHIBIT B
AGREEMENT AMOUNT
For the Scope of Services described in this Agreement, Consultant will work on a time and
material basis. The hours estimate in page 2 of this Exhibit indicates a fee of $33,980 based on
the assumed hours for Phase I Services.
Services and fees will be on an as- requested basis as provided in Section 2.D of the
Agreement. The total cost of all Services (including expenses) provided shall not exceed
$38,800.00 without the approval of the Villages pursuant to Sections 1.D and 8.A of the
Agreement.
Reimbursable expenses, including items such as photos, postage, messenger services,
printing, mileage, etc., will not exceed $4,820 and will be billed without mark -up and limited by
the estimate on page 2 of this Exhibit. Any expense or groups of expenses (such as a trip to
meet in person with the Villages) shall not to exceed $500.00 without prior approval of the
Village Administrator of Morton Grove and the Village Manger of Niles.
Cost Estimate table on page 2 of this Exhibit and hourly rates are on page 3 of this Exhibit
Exhibit B
Page 1 of 3
COST ESTIMATE
Our estimated cost for the proposed scope of work is $38,800 as shown in the table below.
Phase I - Initial Review and Report
1 Review Water Supplier's Proposed Rates
2 Prepare Report of Findings
a Attend MeeBrps and Confermw Calls
Phase 11- Follow -0n Analyses and Negotiations
Total est
Hourly
16 16 .. 24 12 12 2.
A 8 12 4 8 2
12 12 12 8 2
VILLAGE OF MORTON GROVE AND VILLAGE OF NILES
Exhibit B
Page 2 of 3
Estimated Fees
Technology and Communication Charges
Other Expenses
Total Estimated Fees and Expenses
/ 23 /
RFC has more than 50 professionals who are dedicated to providing financial and management consulting
services to municipal utilities throughout the United States and Canada. We expect any additional work
the Villages may require could be completed by the staff included in this proposal, but all of our staff will
be at the Villages' disposal as needed. Below, we have included a list of RFC's full staff's hourly billing rates.
Chair
$400
Chief Executive Officer /President
$350
Chief Operating Officer
$305
Executive Vice President
$300
Vice President /Principal Consultant
$270
Director of Government Services
$270
Director of Management Consulting
$260
Senior Manager
$240
Director of Florida Operations
$205
Manager
$220
Director of Data Services
$220
Senior Consultant
$190
Consultant
$170
Associate
$140
Analyst
$100
Administration
$70
Technology /Communications Charge'
$10
"7echnologyiCcmntu17ica4Lions Chor,ge — this is oo
hourly fee chorgecl monthly for etch hour v✓orkeo
on the project to recover telephone, focsimile, ccnr
pater, postoae%ve;niehi deliver %: conte;eoce cafl�,
electronic%omputer vVr1bi1urs, photocopies, c - -tc.
p;.., ;un
porticipction in depcsitior� and tr io�S�heorirnp. tha-
stondumbiifing;oieslistedc;bc e viii be mcreosac
by 50 %.
7A
Exhibit
B
RAFTELIS FINANCIAL CONSULTANTS, INC.
Page 3
of 3
Execution Copy
EXHIBIT C
INSURANCE COVERAGES
A. Worker's Compensation and Emolover's Liability with limits not less than:
(1) Worker's Compensation: Statutory;
(2) Employer's Liability:
$500,000 injury-per occurrence
$500,000 disease -per employee
$500,000 disease - policy limit
Such insurance shall evidence that coverage applies in the State of Illinois.
Comorehensive Motor Vehicle Liability with a combined single limit of liability for bodily
injury and property damage of not less than $1,000,000 for vehicles owned, non - owned,
or rented.
All employees shall be included as insureds.
C. Comorehensive General Liability with coverage written on an "occurrence" basis and with
limits no less than:
$2,000,000 Bodily Injury and Property Damage Combined Single Limit
Coverage is to be written on an "occurrence" bases.
Coverages shall include:
Broad Form Property Damage Endorsement
Blanket Contractual Liability (must expressly cover the indemnity
provisions of the Contract)
D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per
occurrence and $2,000,000 in the aggregate and covering Consultant against all sums
that Consultant may be obligated to pay on account of any liability arising out of the
Contract.
E. Umbrella Policy. The required coverages may be in any combination of primary, excess,
and umbrella policies. Any excess or umbrella policy must provide excess coverage over
underlying insurance on a following -form basis such that when any loss covered by the
primary policy exceeds the limits under the primary policy, the excess or umbrella policy
becomes effective to cover such loss.
Villages as Additional Insured. The Villages shall be named as an Additional Insured on
all policies except for: Worker's Compensation and Professional Liability.
Each such additional Insured endorsement shall identify the Villages as follows: Village
of Morton Grove, including its Board members and elected and appointed officials, its
officers, employees, agents, attorneys, consultants, and representatives
and
Village of Niles, including its Board members and elected and appointed officials, its
officers, employees, agents, attorneys, consultants, and representatives
G. Other Parties as Additional Insureds. In addition to Owner, the following parties shall be
named as additional insured on the following policies:
Additional Insured Policy or Policies
None None
Exhibit C
Page 1 of 1
Leeislative Summary
ORDINANCE 15 -19
AMENDING TITLE 1, CHAPTER 10, ARTICLE E OF THE MUNICIPAL CODE AND APPROVING
A TAX COLLECTION AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND
NORTHERN ILLINOIS GAS COMPANY, d/h /a NICOR GAS COMPANY
Introduced
August 10, 2015
Synopsis
This Ordinance will amend the existing 1 -10E to clarify certain exemptions and
other items and to revise the effective date of the imposed tax.
Purpose
Nicor's attorneys have asked the Village to clarify language in Title 1, Chapter 10,
Article E with respect to exemptions, the effective date, and miscellaneous matters.
Background:
On July 13, 2015, the Village Board adopted Ordinance No. 15 -13 amending Title
1, Chapter 10, Article E of the Municipal Code entitled Municipal Natural Gas Use
Tax and Approving a Tax Collection Agreement between the Village and Northern
Illinois Gas Company, d/b /a Nicor Gas Company. This ordinance increased the
Municipal Gas Use Tax within the Village of Morton Grove from two cents ($0.02)
per therm to five cents ($0.05) per therm. This tax is collected by Nicer directly
from customers as part of their monthly billing. Nicor's attorneys have requested
Ordinance 15 -13 will be amended to clarify certain exemptions and other items and
to review the effective date of the tax to be September 1, 2015. Nicer has also
requested the Village enter into an updated Tax Collection Agreement and to
terminate the existing Tax Collection Agreement. Since the changes proposed by
Nicor are of a technical/housekeeping nature, the Board is requested to waive the
second reading of this ordinance so it can take effect on September 1, 2015,
Programs, Departments
All Departments
or Groups Affected
Fiscal Impact:
Not applicable.
Source of Funds:
Not applicable.
Workload Impact:
The Finance Department will oversee the collection of this tax as part of its normal
duties.
Administrator
Approval as presented.
Recommendation:
Second Reading:
In order for Nicor to implement this agreement by September 1, 2015, it is
necessary to waive the second reading.
Special Considerations or
None
Requirements:
Pro Tem
ORDINANCE NO, 15 -19
AMENDING TITLE 1, CHAPTER 10, ARTICLE E OF THE MUNICIPAL
CODE AND APPROVING A TAX COLLECTION AGREEMENT
BETWEEN THE VILLAGE OF MORTON GROVE AND NORTHERN
ILLINOIS GAS COMPANY, d/b /a NICOR GAS COMPANY
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 and 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, on July 13, 2015, the Village President and the Board of Trustees passed
Ordinance No. 15 -13 Amending Title 1, Chapter 10, Article E of the Municipal Code Entitled
Municipal Natural Gas Use Tax and Approving a Tax Collection Agreement between the Village
of Morton Grove and Northern Illinois Gas Company, d/b /a Nicor Gas Company; and
WHEREAS, the Village President and Board of Trustees desire to amend Ordinance No.
15 -13 to clarify certain exemptions and other items and to revise the effective date of the tax
imposed thereby; and
WHEREAS, in order for Nicor Gas Company to collect the Municipal Gas Use Tax, it is
necessary for the Village to enter into an updated Tax Collection Agreement and to terminate the
existing Tax Collection Agreement.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village of Morton Grove Municipal Code be and is hereby amended by
updating Title 1, Chapter 10, Article E, Section 2 by replacing subsection E with the following
subsection E and adding the following subsections F, G and H thereto:
E. The tax shall apply to natural gas for which the delivery to the retail purchaser is
billed by a public utility on or after September 1, 2015.
717171176
F. Nothing in this chapter shall be construed to impose a tax upon any person,
business or activity which, under the constitutions of the United States or State of
Illinois, may not be made the subject of taxation by the Village.
G. If it shall appear that an amount of tax has been paid which was not due under the
provisions of this chapter, whether as a result of mistake of fact or an error of law,
then such amount shall be (i) credited against any tax due, or to become due,
under this chapter from the taxpayer who made the erroneous payment or (ii)
subject to a refund if no such tax is due or to become due; provided that no
amounts erroneously paid more than three (3) years prior to the filing of a claim
therefore shall be so credited or refunded.
H. No action to recover any amount of tax due under the provisions of this chapter
shall be commenced more than three (3) years after the due date of such amount.
SECTION 3: The Village of Morton Grove Municipal Code be and is hereby amended by
updating Title 1, Chapter 10, Article E, Section 3 to read as follows:
1- 10E -3: EXEMPTIONS: The tax imposed by this chapter shall not apply to school
districts or units of local government within the corporate limits of the Village.
SECTION 4: The Village of Morton Grove Municipal Code be and is hereby amended by
deleting Title 1, Chapter 10, Article E, Section 4(B).
SECTION 5: The Village President is hereby authorized to execute and the Village Clerk
to attest an updated tax collection agreement with Northern Illinois Gas Company, d/b /a Nicor
Gas Company, which agreement is attached hereto and incorporated herein by reference.
SECTION 6: This Ordinance shall be in full force and effect, and shall be controlling,
upon its passage, approval and publication in pamphlet form according to law; provided,
however, that the amendments to the Municipal Code set forth in Section 2 shall be effective as
of July 13, 2015; provided, further, that any amounts due or payable for any tax periods ending
prior to September 1, 2015 are nevertheless to remain payable as if this Ordinance and Ordinance
No. 15 -13 had not been adopted.
SECTION 7: All ordinances or parts of ordinances thereof in conflict with this Ordinance
are hereby repealed to the extent of any such conflict.
SECTION 8: Any section or provision of this Ordinance that is construed to be invalid or
void shall not affect the remaining sections or provisions which shall remain in full force and
effect thereafter.
717171176 2
SECTION 9: This Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 101h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this I O1h day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
I O'h day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
717171176
Municipal Gas Use Tax Collection Agreement
between
the Village of Morton Grove, Illinois
and
Northern Illinois Gas Company,
d /b /a Nicor Gas Company
717162030
TABLE OF CONTENTS
Ou
ARTICLE 1.
INCORPORATION OF RECITALS ................................. ..............................2
ARTICLE 2.
DEFINITIONS ................................................................... ..............................2
ARTICLE 3.
SERVICES OF THE CONTRACTOR .............................. ..............................3
3.1
Tax Collection General Provisions ........................................... ..............................3
3.2
Tax Collection Services ............................................................ ..............................3
A. Collection From Customers .......................................... ..............................3
B. Review of Customer Accounts ..................................... ..............................4
C. Responsibility for Providing Exempt Customer List ... ..............................5
D. Remittance .................................................................... ..............................6
E. Customer Payments; Collection of Tax by Municipality ...........................7
F. Records and Audits ....................................................... ..............................7
G. Liability for Tax Refunds, Disputes ............................. ..............................8
H. Amendments to Tax Ordinance .................................... ..............................8
3.3
Subcontracts and Assignments ................................................. ..............................9
A. Assignment by Contractor ............................................ ..............................9
B. Effect of Municipality Consent ................................... .............................10
C. Assignment by the Municipality .................................. .............................10
3.4
Confidentiality ......................................................................... .............................10
3.5
Compliance with Laws ............................................................ .............................11
ARTICLE4.
Term... .............................................................................................................
11
4.1
Term of Agreement ................................................................. .............................11
A. Original Term .............................................................. .............................11
B. Extension ..................................................................... .............................11
ARTICLE 5.
COMPENSATION ............................................................ .............................11
ARTICLE6.
DISPUTES ......................................................................... .............................12
ARTICLE 7.
REPRESENTATIONS AND WARRANTIES ................. .............................12
7.1
Contractor's Representations and Warranties ......................... .............................12
7.2
Municipality's Representations and Warranties ...................... .............................12
ARTICLE 8.
TERMINATION ............................................................... .............................12
8.1
Termination Right of Municipality .......................................... .............................12
-3-
717162030
TABLE OF CONTENTS
(continued)
8.2
Termination Right of Contractor .............................................
.............................13
ARTICLE 9.
GENERAL CONDITIONS ...............................................
.............................13
9.1
Entire Agreement .....................................................................
.............................13
A. General .........................................................................
.............................13
B. No Collateral Agreements ...........................................
.............................13
9.2
Counterparts .............................................................................
.............................14
9.3
Amendments ............................................................................
.............................14
9.4
Governing Law and Jurisdiction ..............................................
.............................14
9.5
Severability ..............................................................................
.............................14
9.6
Interpretation ...........................................................................
.............................14
9.7
Assigns .....................................................................................
.............................14
9.8
Invalid Tax or Exemption from Tax; Responsibility
for Refunds and
Collection.................................................................................
.............................15
9.9
Miscellaneous Provisions ........................................................
.............................15
9.10
Nonliability of Public Officials ...............................................
.............................16
9.11
Nonliability of the Contractor's Officers,
Directors, Employees and
Agents......................................................................................
.............................16
9.12
Consequential Damages; Fines; Etc ........................................
.............................16
9.13
Limitation of Liability .............................................................
.............................16
9.14
Indemnification by Municipality Related
to Imposition of Tax ...........................
17
9.15
Limitation Period on Actions ..................................................
.............................17
9.16
Release of Claims ....................................................................
.............................17
9.17
Termination of Prior Agreement; Claims
Related to Prior Agreement ................17
ARTICLE10.
NOTICES ..........................................................................
.............................18
ARTICLE11.
AUTHORITY ....................................................................
.............................18
11.1
Municipality's Authority .........................................................
.............................18
11.2
Contractor's Authority .............................................................
.............................18
-ii-
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MUNICIPAL GAS USE TAX COLLECTION AGREEMENT
This Municipal Gas Use Tax Collection Agreement (this "Agreement ") is entered into as
of this 10th day of August 2015, by and between Northern Illinois Gas Company, d/b /a Nicor Gas
Company, an Illinois corporation (the "Contractor "), and the Village of Morton Grove, Illinois
(the "Municipality "), a municipal corporation and home rule unit of local government existing
under the Illinois Constitution.
RECITALS
WHEREAS, on June 10, 2002, the Municipality adopted Ordinance No. 02 -27, which
was subsequently amended by Ordinance 15 -13, adopted by the Municipality on July 13, 2015,
and which was subsequently amended by Ordinance No. 15 -19, adopted by the Municipality on
August 10, 2015 (collectively, the "Tax Ordinance ") pursuant to which the Municipality found
that:
(a) the Municipality is a home rule unit under subsection (a) of Section 6 of Article VII of
the Illinois Constitution of 1970;
(b) subject to said Section, a home rule unit may exercise any power and perform any
function pertaining to its government and affairs for the protection of the public health, safety,
morals and welfare; and
(c) in furtherance of its home rule powers, it is necessary and desirable for the
Municipality to amend its ordinances regarding taxation by creating a municipal gas use tax; and
WHEREAS, as a result of such findings, the Municipality adopted the Tax Ordinance
imposing a Municipal Gas Use Tax (the "Tax ") on gas purchased at retail for use or consumption
in the Municipality; and
WHEREAS, the Municipality authorized the execution of an agreement with the
Contractor to provide for the collection of the Tax; and
WHEREAS, the Municipality entered into an agreement with the Contractor to provide
for the collection of the Tax dated July 1, 2002 (the "Prior Agreement'); and
WHEREAS, the Municipality and the Contractor agree to terminate the Prior Agreement
with respect to bills issued on or after September 1, 2015, and the Municipality and the
Contractor now desire to enter into this Agreement; and
WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970,
the Municipality is authorized to contract and otherwise associate with individuals, associations,
and corporations in any manner not prohibited by law or by ordinance; and
WHEREAS, the Municipality and the Contractor have negotiated the terms and
conditions pursuant to which the Contractor shall collect the Tax and render other related
services.
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NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, the Municipality and the Contractor agree as follows:
ARTICLE 1.
INCORPORATION OF RECITALS
The recitals set forth above are incorporated by reference as if fully set forth herein.
ARTICLE 2.
DEFINITIONS
The following terms shall have the meanings ascribed to them for the purposes of this
Agreement:
"Account" means an account that a Person has with the Contractor.
"Agreement" means this Municipal Gas Use Tax Collection Agreement, including all
exhibits attached hereto and incorporated herein by reference, and all amendments, modifications
or revisions hereto made in accordance with the terms hereof.
"Contractor" has the meaning set forth in the first paragraph of this Agreement.
"Customer" means a Person on the Customer Account List who has a Customer
Account.
"Customer Account" means an Account that a Customer has with the Contractor.
"Customer Account List" means a list of addresses of Customer Accounts from which
the Contractor will collect the Tax.
"Exempt Customer List" means a document issued by the Municipality listing the
names, addresses, account numbers, facilities and meter locations of (i) the Municipality, (ii)
Persons exempt by law from the payment of the Tax (other than by an ordinance of the
Municipality), and (iii) Persons who are exempt from payment of the Tax pursuant to an
ordinance of the Municipality.
"Fee" means the compensation payable to the Contractor for the services provided under
this Agreement as more specifically defined in Article 5 of this Agreement.
"Municipality" has the meaning set forth in the first paragraph of this Agreement.
"Person" means any individual, firm, trust, estate, partnership, association, joint stock
company, joint venture, corporation, limited liability company, municipal corporation or political
subdivision of this state, or a receiver, trustee, conservator or other representative appointed by
order of any court.
"Prior Agreement" has the meaning set forth in the Recitals to this Agreement.
2
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"Records" means those records and accounts with respect to the Tax on each Customer
Account on the Customer Account List, which are kept by the Contractor in the ordinary course
of its business.
"State" means the State of Illinois.
"Tax" has the meaning set forth in the Recitals to this Agreement
"Tax Collection Services" means the services described in Article 3 of this Agreement.
"Tax Ordinance" has the meaning set forth in the Recitals to this Agreement.
ARTICLE 3,
SERVICES OF THE CONTRACTOR
3A Tax Collection General Provisions
The Contractor shall perform the services (the "Tax Collection Services ") described in
Section 3.2.
The Contractor is acting as an independent contractor in performing under this
Agreement and nothing herein is intended or should be construed as in any way creating or
establishing the relationship of partners or joint venturers between the Municipality and the
Contractor, or as constituting the Contractor or any officer, owner, employee or agent of the
Contractor as an agent, representative, fiduciary or employee of the Municipality for any purpose
or in any manner whatsoever.
The relationship of the parties with respect to the subject matter of this Agreement,
including without limitation the performance of the Tax Collection Services, is strictly
contractual and neither party shall have any rights or obligations with respect to the Tax
Collection Services other than as are expressly provided in this Agreement. Without limiting the
generality of the foregoing, it is specifically understood and agreed that the rights and obligations
of the Contractor with respect to the subject matter of this Agreement shall not be deemed to
incorporate or be amended, modified or varied in any respect by (i) the provisions of any
ordinance (including the Tax Ordinance), mandate or directive that the Municipality has adopted
or may adopt in the future even if such ordinance, mandate or directive purports to amend,
modify or vary any rights or obligations of the Contractor or to impose any performance
standards, charges, damages, assessments, fines or penalties on the Contractor with respect to, or
in connection with, the subject matter of this Agreement or (ii) the provisions of any existing or
future license, franchise, grant or other agreement.
3.2 Tax Collection Services
A. Collection From Customers
The Contractor will bill the Tax to each Customer on the Customer Account List by
including the Tax on the bills issued to the Customer for the Customer Account. The Tax will be
billed at the rate of five cents ($0.05) per therm of gas delivered and billed by the Contractor to
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such Customer Account. The Contractor will collect the Tax remitted along with any other
amounts owed to the Contractor, including any gas and service charges, and any charges
pursuant to Sections 9 -221 and 9 -222 of the Public Utilities Act.
The Contractor will include the Tax on any bill issued to a Customer on the Customer
Account List on or after September 1, 2015,
B. Review of Customer Accounts
1. Municipality Cooperation with Respect to Customer Accounts
During the Term, the Municipality shall cooperate with the Contractor with respect to the
review of Customer Accounts subject to the Tax, including, but not limited to, reviewing
Customer Account Lists as described herein.
2. Initial Customer Account List
The Contractor shall provide the Municipality with the Contractor's initial Customer
Account List prior to, or shortly following, commencement of the Tax Collection Services. The
Municipality shall promptly review the Customer Account List provided by the Contractor and
inform the Contractor in writing of changes to (including additions to, deletions from or other
changes to) the Customer Account List within thirty (30) days of receipt of such Customer
Account List. If the Municipality informs the Contractor of changes to the Customer Account
List and provides supporting information for such changes, the Contractor shall use reasonable
efforts to implement any such changes, unless it disputes any such changes from the
Municipality, in which case it shall notify the Municipality of the same and the Contractor and
the Municipality shall use their best efforts to promptly resolve the same.
3. Changes to Customer Account List
The Municipality acknowledges that, during the Term, the Contractor will add Customer
Accounts to, delete Customer Accounts from and make other changes to the Customer Account
List as the Contractor is informed of changes related to Customer Accounts. In addition, if the
Municipality informs the Contractor in writing of suggested changes to the Customer Account
List and provides supporting information for such changes, the Contractor shall use its
reasonable efforts to implement any such changes, unless it disputes any such changes from the
Municipality, in which case it shall notify the Municipality of the same and the Contractor and
the Municipality shall use their best efforts to promptly resolve the same.
As a means of assisting the Municipality to confirm the accuracy of the Customer
Account List on an ongoing basis during the Term, the Contractor may periodically provide to
the Municipality a current Customer Account List. The Municipality shall promptly review such
Customer Account List and inform the Contractor in writing of changes to (including additions
to, deletions from or other changes to) the Customer Account List within thirty (30) days of
receipt of such Customer Account List. If the Municipality informs the Contractor in writing of
changes to the Customer Account List and provides supporting information for such changes, the
Contractor shall use reasonable efforts to implement any such changes, unless it disputes any
such changes suggested by the Municipality, in which case it shall notify the Municipality of the
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same and the Contractor and the Municipality shall use their best efforts to promptly resolve the
same. If the Municipality fails to so inform the Contractor in writing of changes to the Customer
Account List, the Contractor shall be entitled to assume that the Municipality does not propose
any changes to the current Customer Account List.
4. Accuracy of Customer Account List
The Customer Account Lists shall be compiled by the Contractor from information
contained in the Contractor's customer records as such records exist from time to time based on
information received by the Contractor from the Municipality in accordance with this Section
3.213 and from other sources of information normally used by the Contractor in the ordinary
course of its utility business. The Customer Account Lists are intended to contain the accurate
addresses of all Customers who use or consume gas within the Municipality. However, the
Municipality specifically acknowledges that the Customer Account Lists compiled by the
Contractor in the ordinary course of its business may include mistakes, errors and omissions and
that, as a consequence, the Customer Account Lists may fail to include some Persons who use or
consume gas within the Municipality or they may include some Persons who do not use or
consume gas within the Municipality. The Contractor makes no representation or warranty that
the Customer Account Lists will be free from mistakes, errors and omissions. The Contractor
shall have no responsibility or liability to the Municipality for any such mistakes, errors or
omissions in any Customer Account Lists including, without limitation, any responsibility or
liability related to the collection of the Tax from Accounts on the Customer Account Lists or
related to the failure to collect the Tax from Accounts not on the Customer Account Lists.
C. Responsibility for Providing Exempt Customer List
1. Initial Exempt Customer List
It shall be the obligation of the Municipality to provide the Contractor in writing with the
Exempt Customer List before the commencement of the Tax Collection Services. In the event
the Municipality does not provide the Contractor with an initial Exempt Customer List before the
commencement of the Tax Collection Services, the Contractor thereafter may, but shall not be
obligated to, compile an initial Exempt Customer List based upon its judgment, made in good
faith, of Persons who would qualify as exempt from the Tax and, if the Contractor elects to
compile an initial Exempt Customer List, the Contractor shall promptly provide the Municipality
in writing with such Exempt Customer List. Upon receipt of the Exempt Customer List by the
Contractor, the Contractor shall not include the Tax on any bill issued to a Person on the Exempt
Customer List from and after the first day of the second month following the date of receipt of
the Exempt Customer List, unless the Contractor disputes the inclusion of any Person on the
Exempt Customer List, in which case it shall notify the Municipality of the same and the
Contractor and the Municipality shall use their best efforts to promptly resolve the same. In the
event the Municipality does not timely provide the Contractor with an initial Exempt Customer
List and the Contractor elects to compile an Exempt Customer List, the Contractor may exclude
the Tax on any bill issued to a Person on the Exempt Customer List from and after the date the
Contractor compiles such Exempt Customer List. The Municipality shall be responsible for
updating the Exempt Customer List and shall promptly notify the Contractor of any such updates
as they occur.
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2, Addition of Persons to Exempt Customer List
Upon receipt by the Contractor of any written update to the Exempt Customer List from
the Municipality adding Persons to the Exempt Customer List, the Contractor shall not include
the Tax on any bill issued to a Person added to the Exempt Customer List from and after the first
day of the second month following the date of receipt of the updated Exempt Customer List,
unless the Contractor disputes the addition of any such Person to the Exempt Customer List, in
which case it shall notify the Municipality of the same and the Contractor and the Municipality
shall use their best efforts to promptly resolve the same.
Removal of Persons from Exempt Customer List
Upon receipt by the Contractor of any written update to the Exempt Customer List from
the Municipality removing Persons from the Exempt Customer List, the Contractor shall include
the Tax on any bill issued to a Person removed from the Exempt Customer List from and after
the first day of the second month following the date of receipt of the updated Exempt Customer
List, unless the Contractor disputes the removal of any such Person from the Exempt Customer
List, in which case it shall notify the Municipality of the same and the Contractor and the
Municipality shall use their best efforts to promptly resolve the same.
4, Accuracy of Exempt Customer List
The Contractor makes no representation or warranty that the Exempt Customer Lists will
be free from mistakes, errors and omissions including, without limitation, mistakes, errors or
omissions by the Contractor in (i) compiling an initial Exempt Customer List in the event the
Municipality fails to timely provide the Contractor with an initial Exempt Customer List or (ii)
incorporating information received from the Municipality in the preparation or update of the
Exempt Customer Lists. The Contractor shall have no responsibility or liability to the
Municipality for any such mistakes, errors or omissions in any Exempt Customer Lists including,
without limitation, any responsibility or liability related to the failure to collect the Tax from
Accounts on the Exempt Customer Lists or related to the collection of the Tax from Accounts
not on the Exempt Customer Lists.
D. Remittance
The Contractor will remit the Tax collected, net of its Fee, to the Municipality on or
before the last day of the first calendar month following the calendar month in which the Tax is
collected. The Contractor may remit payment for a calendar month on the basis of estimates
made by the Contractor in good faith of the Tax to be billed and collected, and the Fee due, for
that calendar month and, in such case, the Contractor will adjust as soon as reasonably
practicable subsequent monthly remittances to account for differences between the Contractor's
initial estimate of Tax collections, and Fee due, for such calendar month and Contractor's actual
Tax collections and the actual Fee due for such calendar month. The Contractor may from time
to time change its methodology for estimating in good faith the Taxes to be billed and collected,
and the Fee due, for a calendar month. The Contractor ultimately shall only be responsible for
remitting to the Municipality the actual amount of Tax collected by the Contractor, net of the Fee
applicable thereto, and shall have no obligation to pursue collection efforts on behalf of the
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Municipality to collect any Tax billed by the Contractor that is not paid. If the Contractor's
remittances for a calendar month are based on estimates and the amounts of such estimates are
less than the actual Tax ultimately collected for such calendar month, the Contractor shall be
responsible for remitting to the Municipality (if not otherwise accomplished through the
adjustment procedure above) the amount, without interest, by which the Tax actually collected
for such month, net of the Fee applicable thereto, exceeded the Contractor's previous remittances
for such month. If the Contractor's remittances for a calendar month are based on estimates and
the amounts of such estimates are more than the actual Tax ultimately collected for such calendar
month, the Municipality shall be responsible for remitting to the Contractor (if not otherwise
accomplished through the adjustment procedure above) the amount, without interest, by which
the Tax actually collected for such month, net of the Fee applicable thereto, is less than the
Contractor's previous remittances for such month.
E. Customer Payments; Collection of Tax by Municipality
The Tax shall be due and payable by a Customer to the Contractor by the due date of the
bill on which the Tax is included. The Municipality shall not assess or attempt to collect any
Tax from a Customer, provided, however, that the Municipality may attempt to collect the Tax
from Accounts subject to dispute between the Municipality and the Contractor pursuant to
Section 3.213., but only during such period as a dispute exists between the Municipality and the
Contractor related to such Accounts and, provided, further, that the Municipality shall assume all
liability related to the collection of the Tax from such Accounts and the Contractor shall have no
responsibility or liability related to the collection of the Tax from such Accounts or related to the
failure to collect the Tax from such Accounts. In the event that a Customer attempts to pay the
Tax to the Municipality, the Municipality shall use its best efforts to direct the Customer to pay
the Tax to the Contractor.
F. Records and Audits
1. Records
The Contractor shall use good faith efforts to retain for a three -year period from the date
any billing of the Tax Records sufficient to reflect properly such Tax due, billed, collected and /or
remitted to the Municipality, and the amount of any Fees deducted by the Contractor as payment
for the Tax Collection Services.
Any Records transmitted, disclosed or otherwise made available to the Municipality
pursuant to this Agreement shall not include identifying information pertaining to the Customer.
2. Audits
The Contractor shall keep the Records open to reasonable audit, inspection, copying and
abstracting by the Municipality at the Contractor's office at reasonable times during business
hours that are agreed to by the Contractor, at the Municipality's expense (which shall include
reimbursement of all costs of the Contractor related to any such audit, inspection, copying or
abstracting, including labor and overhead charges for employees and agents of the Contractor
responding to audit requests) and subject to the Contractor's customer confidentiality policies.
Audit requests shall be provided to the Contractor in writing and shall be limited in scope to
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Records relating to billing and collection of Tax from Customers for the three -year period
preceding the date of the audit request. The Contractor shall determine, in its discretion, the
manner and format in which such Records are provided to the Municipality. Each employee or
agent of the Municipality participating in the audit shall agree in writing to comply with the
confidentiality obligations of the Municipality as specified in Section 3.4 of this Agreement.
If, after conducting an audit, the Municipality believes that the Tax should have been
collected from certain Accounts or that the Tax should not have been collected from certain
Accounts, the Municipality shall notify the Contractor in writing and provide supporting
information as appropriate. The Contractor shall use reasonable efforts to commence or
discontinue collection of the Tax from such Accounts, as applicable, on a prospective basis,
unless it disputes the Municipality's position with respect to any such Account, in which case it
shall notify the Municipality of the same and the Contractor and the Municipality shall use their
best efforts to promptly resolve the same. The Municipality shall be solely responsible for
collecting the Tax from or refunding the Tax to such Accounts, as applicable, for periods prior to
the date that the Contractor commences or discontinues collection of the Tax from such
Accounts. Upon the request of the Municipality, the Contractor may provide reasonable
assistance to the Municipality in the Municipality's collection or refunding of the Tax.
G. Liability for Tax Refunds, Disputes
Liability for the Tax shall rest exclusively with the Customer. The Contractor shall not
be liable to remit any Tax not actually collected. To the extent a subcontractor or assignee that
collects the Tax pursuant to this Agreement is required to transfer the amount of the Tax
collected to the Contractor for remittance to the Municipality, the Contractor is responsible for
remitting to the Municipality only that portion of the Tax actually received by the Contractor
from the subcontractor or assignee.
Any Customer's claim for a refund or other dispute regarding the amount of Tax owed or
collected shall be directed to and handled by the Municipality, not the Contractor. In no case
shall the Contractor be liable to refund any Tax to a Customer or other amount collected and
remitted to the Municipality pursuant to this Agreement. The foregoing shall not limit the
Contractor's ability to refund the Tax in such cases where the Contractor reasonably determines
that a refund is appropriate and, in any such case, the Contractor shall be entitled to
reimbursement from the Municipality for such refund to the extent the amount of the refunded
Tax previously had been remitted by the Contractor to the Municipality.
H. Amendments to Tax Ordinance
In the event that the Tax Ordinance is amended, the Municipality shall provide notice to
the Contractor within 14 days of the date that any amended ordinance is passed. If the amended
ordinance changes the rate of the Tax, then the Contractor shall collect the Tax at the new rate
with respect to bills issued for a Customer Account on or after: (i) the effective date of the new
rate of the Tax pursuant to the amended ordinance, which shall be the first day of a calendar
month; or (ii) the first day of the calendar month following that date .which is three months after
the date on which the amended ordinance is passed, whichever is later. If the Tax Ordinance is
amended without the prior written concurrence of the Contractor in any manner other than to
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change the rate of the Tax, the Contractor may at any time from and after the date such amended
ordinance is passed terminate this Agreement upon thirty (30) days' written notice to the
Municipality.
33 Subcontracts and Assignments
A. Assignment by Contractor
Merger or Asset Sale
The Contractor may, without the consent of the Municipality, transfer its rights and
obligations under this Agreement, in whole, but not in part, in connection with a merger or a
sale, transfer or conveyance of all or substantially all of the Contractor's assets.
2. Collection Agencies
The Contractor may, without the consent of the Municipality, subcontract, assign or
delegate all or any portion of the Tax Collection Services to one or more collection agencies or
law firms in the ordinary course of the Contractor's business and consistent with the
requirements of this Agreement. Furthermore, the Contractor may, without the consent of the
Municipality, permit any of its authorized agents listed on the Contractor's published "Directory
of Company Authorized Collection Agents and Company Offices ", for example, a bank or a
savings and loan, to accept payments from Customers on behalf of the Contractor.
3. Gas Supplier Agreements
The Contractor may enter into an agreement with a gas supplier to provide billing
services to the Contractor. In the event the Contractor enters into such an agreement with a gas
supplier, the Contractor may, at the Contractor's sole discretion, (a) continue to collect the Tax
with respect to Customers purchasing gas from the gas supplier, (b) subcontract, assign or
delegate, without the consent of the Municipality, all or any portion of the Tax Collection
Services to the gas supplier with respect to Customers purchasing gas from the gas supplier, or
(c) provide notice to the Municipality that those Customers purchasing gas from the gas supplier
will not be considered Customers for purposes of this Agreement and will be removed from the
Customer Account List on the first day of the month following such notice, in which case the
Municipality may enter into a separate agreement with the gas supplier to collect the Tax from
such Customers.
4, Other Assignments
Except as otherwise permitted pursuant to this Section 33A., the Contractor shall not
subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under
this Agreement without the express written consent of the Municipality, such consent not to be
unreasonably withheld. Any attempted subcontract, assignment, delegation or transfer made
without such express written consent shall be void and of no effect.
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5. Conditions of Assignment
All subcontracts or assignments permitted pursuant to this Section 3.3A. (with the
exception of transfers permitted pursuant to Section 3.3A.1. and Section 3.3A.3 and subcontracts
or assignments where the Municipality approves otherwise pursuant to section 3.3A.4.) shall be
deemed conditioned upon performance by the subcontractor or assignee in accordance with the
terms and conditions of this Agreement. If any such subcontractor or assignee approved by the
Municipality pursuant to Section 3.3A.4. shall fail to observe or perform the terms and
conditions of this Agreement, the Municipality shall have the right upon written notification to
require the performance of this Agreement by the Contractor personally or through any other
Municipality- approved subcontractor or assignee.
B. Effect of Municipality Consent
No subcontract or assignment with respect to this Agreement (with the exception of
transfers permitted pursuant to Section 3.3A.1. and subcontracts or assignments where the
Municipality approves otherwise pursuant to Section 3.3A.4.), nor any acceptance of or payment
for any Tax Collection Services by the Municipality, shall relieve the Contractor of any of its
obligations hereunder.
C. Assignment by the Municipality
Without the express written consent of the Contractor, such consent not to be
unreasonably withheld, the Municipality shall not subcontract, assign, delegate or otherwise
transfer all or any part of its rights or obligations under this Agreement. Any attempted
subcontract, assignment, delegation or transfer made without such express written consent shall
be void and of no effect.
Notwithstanding the foregoing, the Municipality may, without the consent of the
Contractor, (i) assign or otherwise transfer, in whole or in part, its rights to receive the Tax
collected hereunder in connection with any debt financing transaction, and (ii) subcontract,
assign or delegate all or any part of its rights of assessment and enforcement with respect to the
Tax.
3.4 Confidentiality
The Contractor and the Municipality hereby agree not to disclose to third parties any
information provided to either the Contractor or the Municipality by the other (or by such other
party's agents, contractors, or subcontractors), or obtained by either party in the performance of
its obligations under this Agreement. This Section 3.4 shall not apply to the following: (a)
information available from public sources, (b) information made public by a party other than the
Municipality or the Contractor, (c) disclosure by the Contractor to affiliates of the Contractor, or
to the Contractor's agents or subcontractors which is necessary for the Contractor to perform its
obligations under this Agreement, (d) disclosure required, in the opinion of the disclosing party's
legal counsel, by law, judicial or administrative order or where such disclosure is necessary to
comply with Federal or state securities laws, (e) disclosure required by any lender providing
financing to the Contractor or the Municipality or from whom such financing is sought, (f)
disclosure to a Customer regarding his Tax liability or payment, (g) general instructions and /or
10
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general information regarding the Tax provided to the public and/or to Customers, (h) disclosure
to the Illinois Commerce Commission, and (i) disclosure required under the Illinois Freedom of
Information Act.
Furthermore, the Municipality acknowledges that the Contractor's obligations pursuant to
this Agreement, including its obligations to provide information or access to information,
particularly Records, to the Municipality, are subject to the Contractor's customer confidentiality
policies. The Municipality further acknowledges that such customer confidentiality policies may
limit the Municipality's access to such information. The Municipality also acknowledges that
any Records transmitted, disclosed or otherwise made available to the Municipality pursuant to
this Agreement shall not include identifying information pertaining to the Customer.
3.5 Compliance with Laws
The Contractor and the Municipality shall at all times observe and comply, in all material
respects, with all applicable laws, ordinances, rules, regulations, policies and executive orders of
the federal, state and local government which may affect the performance of this Agreement.
ARTICLE 4.
TERM
4.1 Term of Agreement
A. Original Term
This Agreement shall take effect as of the date hereof and shall continue until August 31,
2016 (subject to paragraph B below) or until this Agreement is terminated in accordance with its
terms, whichever occurs first.
The Contractor's duty to perform the Tax Collection Services shall begin with bills
issued to Customers on September 1, 2015 and shall cease (unless otherwise extended hereunder)
with respect to bills issued on or after August 31, 2016.
B. Extension
This Agreement shall automatically extend for successive one -year periods after the
original one -year term unless either party elects to terminate this Agreement by written notice
delivered to the other party no later than thirty (30) days prior to the end of the then current term
or this Agreement is otherwise terminated in accordance with its terms.
ARTICLE 5.
COMPENSATION
As compensation for the Tax Collection Services provided hereunder, the Contractor
shall be paid a fee (the "Fee ") equal to 3% of the amount of Tax collected by the Contractor, its
subcontractors or its authorized agents and remitted in accordance with Section 3.21). The
Contractor shall be entitled to deduct the applicable Fee from each remittance of Tax to the
Municipality. Payment of the Fee for any Tax actually collected and remitted to the
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Municipality in accordance with Section 3.2D., whether before or after the effective date of the
termination of this Agreement, shall be in accordance with this Article 5.
ARTICLE 6,
DISPUTES
The Municipality and the Contractor shall use their best efforts to resolve any disputes
arising under this Agreement including disputes as to whether the Contractor failed to remit or
timely remit any Tax collected. During any period of dispute resolution, the Contractor shall
continue to perform the Tax Collection Services and will be entitled to collect its Fee under
Article 5.
ARTICLE 7,
REPRESENTATIONS AND WARRANTIES
7.1 Contractor's Representations and Warranties
In connection with the execution of this Agreement, the Contractor hereby represents and
warrants to the Municipality that the Contractor is legally authorized to execute this Agreement
and to perform or cause to be performed the Tax Collection Services.
7.2 Municipality's Representations and Warranties
In connection with the execution of this Agreement, the Municipality hereby represents
and warrants to the Contractor that the Municipality:
(A) is a municipality duly constituted and validly existing within the meaning of
Section I of Article VII of the 1970 Constitution of the State and is a home rule
unit of government under Section 6(a) of Article VII of said Constitution;
(B) has
full power
and
authority as
a home rule unit of government to impose the Tax
and
to execute
this
Agreement;
and
(C) has
duly
authorized all
necessary action to be taken by it for the imposition of the
Tax
and
the execution
and performance of this Agreement.
ARTICLE 8.
TERMINATION
8.1 Termination Right of Municipality
The Municipality shall have the absolute right to terminate this Agreement by a notice in
writing from the Municipality to the Contractor setting forth the effective date of such
termination:
(A) if the Tax is preempted, repealed, or determined by a court of competent
jurisdiction to be unconstitutional or otherwise invalid; or
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(B) upon thirty (30) days' written notice to the Contractor.
If the Municipality elects to terminate this Agreement under this Section 8.1., all Tax
Collection Services to be provided hereunder shall cease with respect to bills issued on and after
the effective date stated in the notice, which date shall be the first day of a calendar month.
8.2 Termination Right of Contractor
The Contractor shall have the absolute right to terminate this Agreement by a notice in
writing from the Contractor setting forth the effective date of such termination:
(A) if the Illinois Commerce Commission issues an order prohibiting the Contractor
from performing all or part of the Tax Collection Services;
(B) if the Tax is preempted, repealed, or determined by a court of competent
jurisdiction to be unconstitutional or otherwise invalid; or
(C) upon thirty (30) days' written notice to the Municipality.
If the Contractor elects to terminate this Agreement under this Section 8.2., all Tax
Collection Services to be provided hereunder shall cease with respect to bills issued on and after
the effective date stated in the notice, which date shall be the first day of a calendar month.
ARTICLE 9,
GENERAL CONDITIONS
911 Entire Agreement
A. General
The Contractor and the Municipality acknowledge that this Agreement shall constitute
the entire agreement between the parties and no other warranties, inducements, considerations,
promises or interpretations shall be implied or impressed upon this Agreement that are not
expressly addressed herein and therein
B. No Collateral Agreements
The Contractor and the Municipality agree that, except for those representations,
statements or promises expressly contained in this Agreement, no representation, statement or
promise, oral or in writing, of any kind whatsoever, by either party, its officials, its agents or its
employees has induced the other party to enter into this Agreement or has been relied upon by
either party including any with reference to (i) the meaning, correctness, suitability or
completeness of any provisions or requirements of this Agreement; (ii) the nature of the Tax
Collection Services to be performed; (iii) the nature, quantity, quality or volume of any
materials, labor or other facilities needed for the performance of this Agreement; (iv) the general
conditions which may in any way affect this Agreement or its performance; (v) the compensation
provisions of this Agreement; or (vi) any other matters, whether similar to or different from those
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referred to in clauses (i) through (v) above, affecting or having any connection with this
Agreement or the negotiation or performance hereof.
9.2 Counterparts
This Agreement is comprised of several identical counterparts, each to be fully executed
by the parties and each to be deemed an original having identical legal effect.
9.3 Amendments
No changes, amendments, modifications or discharge of this Agreement, or any part
hereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and
by the Municipality or their respective successors and assigns.
9.4 Governing Law and Jurisdiction
This Agreement shall be governed as to performance and interpretation in accordance
with the laws of the State of Illinois without regard to principles of conflicts of law.
9.5 Severability
The invalidity of any one or more phrases, sentences, clauses or sections contained in this
Agreement shall not affect the validity or enforceability of the remaining portions of this
Agreement.
9.6 Interpretation
Any headings of this Agreement are for convenience or reference only and do not define
or limit the provisions hereof. Words of any gender shall be deemed and construed to include
correlative words of the other genders. Words importing the singular number shall include the
plural number and vice versa unless the context shall otherwise indicate. All references to any
exhibit or document shall be deemed to include all supplements and/or amendments to any such
exhibits or documents entered into in accordance with the terms and conditions hereof and
thereof. All references to any person or entity shall be deemed to include any person or entity
succeeding to the rights, duties and obligations of such persons or entities in accordance with the
terms and conditions of this Agreement.
9.7 Assigns
All of the terms and conditions of this Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective legal representatives, successors, transferees and
assigns.
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9.8 Invalid Tax or Exemption from Tax; Responsibility for Refunds and Collection
In the event that it is determined by a court or administrative agency of competent
jurisdiction that the Tax does not apply to the use of gas by a Customer from whom the Tax was
collected and remitted to the Municipality in accordance with this Agreement, it shall be the
Municipality's responsibility to make any necessary refunds; the Contractor shall not be
responsible for any refunds to the Customer, nor shall the Contractor be required to refund to the
Municipality any Fee retained by the Contractor with respect to the Tax collected from that
Customer. If, notwithstanding the foregoing, the Contractor is ordered by a court or
administrative agency of competent jurisdiction to make any necessary refunds, the Municipality
shall reimburse the Contractor for any such refunds made by the Contractor.
In the event that any aspect of the Tax is found to be invalid or unconstitutional by a
court of competent jurisdiction, it shall be the Municipality's responsibility to make any
necessary refunds; the Contractor shall not be responsible for any refunds of the Tax to
Customers, nor shall the Contractor be required to refund to the Municipality any Fee retained by
the Contractor with respect to Tax collected. If, notwithstanding the foregoing, the Contractor is
ordered by a court or administrative agency of competent jurisdiction to make any necessary
refunds, the Municipality shall reimburse the Contractor for any such refunds made by the
Contractor.
In the event that any exemption from the Tax is found to be invalid or unconstitutional by
a court of competent jurisdiction, it shall be the Municipality's responsibility to collect any
amounts of the Tax then due; the Contractor shall not be responsible to collect any such amounts.
If, notwithstanding the foregoing, the Contractor is ordered by a court or administrative agency
of competent jurisdiction to collect any amounts of the Tax then due, the Municipality shall
reimburse the Contractor for any costs of the Contractor related to the collection of such Tax.
9.9 Miscellaneous Provisions
Whenever under this Agreement the Municipality by a proper authority waives the
Contractor's performance in any respect or waives a requirement or condition to either the
Municipality's or the Contractor's performance, the waiver so granted, whether express or
implied, shall only apply to the particular instance and shall not be deemed a waiver forever or
for subsequent instances of the performance, requirement or condition. No such waiver shall be
construed as a modification of this Agreement regardless of the number of times the
Municipality may have waived the performance, requirement or condition.
Whenever under this Agreement the Contractor by a proper authority waives the
Municipality's performance in any respect or waives a requirement or condition to either the
Municipality's or the Contractor's performance, the waiver so granted, whether express or
implied, shall only apply to the particular instance and shall not be deemed a waiver forever or
for subsequent instances of the performance, requirement or condition. No such waiver shall be
construed as a modification of this Agreement regardless of the number of times the Contractor
may have waived the performance, requirement or condition.
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9.10 Nonliability of Public Officials
No official or employee of the Municipality shall be charged personally by the Contractor
or by any assignee or subcontractor of the Contractor with any liability or expenses of defense or
be held personally liable to them under any term or provision of this Agreement or because of
the Municipality's execution or attempted execution thereof or because of any breach hereof.
9.11 Nonliability of the Contractor's Officers, Directors, Employees and Agents
No officer, director, employee or agent of the Contractor shall be charged personally by
the Municipality or by any assignee or subcontractor of the Municipality with any liability or
expenses of defense or be held personally liable to them under any term or provision of this
Agreement or because of the Contractor's execution or attempted execution thereof or because of
any breach hereof.
9.12 Consequential Damages; Fines; Etc.
Notwithstanding any other provision in this Agreement, neither the Municipality nor the
Contractor, or their respective officers, directors, employees, representatives or agents shall be
liable to the other for consequential losses or damages, including punitive or exemplary
damages, arising out of or incurred in connection with the Tax Collection Services. The
Municipality and the Contractor each hereby release each other and their subcontractors, officers,
directors, employees, representatives and agents from any such liability.
The Contractor shall not be liable to the Municipality for any fine, assessment, penalty,
forfeiture, fee, interest payment or other charge in connection with the Tax Collection Services
or this Agreement notwithstanding any present or future ordinance, mandate or directive adopted
by the Municipality that may purport to authorize the Municipality to assess any such fine,
assessment, penalty, forfeiture, fee, interest payment or other charge to the Contractor in
connection with the Tax Collection Services or this Agreement.
The Municipality shall not seek to impose any lien or encumbrance upon any property of
the Contractor, or seek to revoke, modify or refuse to renew or grant any license, right or
franchise of the Contractor as a means, directly or indirectly, to seek to compel compliance by
the Contractor with this Agreement or in connection with any dispute relating to the performance
of the Tax Collection Services or any obligations of the Contractor relating thereto.
9.13 Limitation of Liability
To the fullest extent permitted by law, the cumulative maximum liability of the
Contractor to the Municipality with respect to claims and costs arising out of the performance or
nonperformance of the Tax Collection Services shall not exceed the amount of the Contractor's
Fee paid to the Contractor during the period that is one year prior to the date on which the
Municipality commences an action against the Contractor.
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9.14 Indemnification by Municipality Related to Imposition of Tax
The Municipality agrees to indemnify, defend and hold harmless the Contractor,
including its officers, agents and employees, against any liability, loss, costs and expenses,
including all costs of litigation and all reasonable attorneys' fees, that the Contractor, including
its officers, agents and employees, incur, sustain or are subject to that results from or arises out
of any claim, cause of action or litigation wherein another party asserts that any aspect of the Tax
(including any exemption from the Tax) is unconstitutional under the United States or Illinois
constitutions or otherwise invalid.
9.15 Limitation Period on Actions
No action, regardless of form, arising out of this Agreement, or alleging any breach of
this Agreement, may be brought by either the Contractor or the Municipality against the other
party more than three years after such an action accrued; provided, however, that any action
arising with respect to the Prior Agreement shall be limited pursuant to Sections 9.16 and 9.17
herein.
9.16 Release of Claims
The Municipality knowingly and voluntarily waives its rights with respect to any liability
of the Contractor related to the collection of municipal gas use taxes or noncompliance by the
Contractor with any obligations relating to the collection of municipal gas use taxes during the
period September 1, 2012 to August 31, 2014, and releases and forever discharges the Contractor
and each and all of its present and former parents, subsidiaries, officers, employees, directors,
predecessors, successors, agents, affiliates and assigns from any liability whatsoever to the
Municipality with respect to such municipal gas use tax collection. Furthermore, the
Municipality agrees not to seek any fine, assessment, penalty, forfeiture, fee, interest payment or
other charge from, seek to impose any lien or encumbrance upon any property of or seek to
revoke, modify or refuse to renew or grant any license, right or franchise of, the Contractor and
each and all of its present and former parents, subsidiaries, officers, employees, directors,
predecessors, successors, agents, affiliates and assigns as a result of the Contractor not having
collected, paid, remitted or otherwise reported any municipal gas use taxes, or complied with any
obligation of the Contractor relative thereto, during the period July 1, 2002 to August 31, 2014.
9.17 Termination of Prior Agreement; Claims Related to Prior Agreement
The Municipality
and the Contractor agree to
terminate the Prior Agreement
with respect
to bills issued on or after
September 1, 2015.
The Municipality and the Contractor agree that all claims related to the Prior Agreement
that are not released pursuant to Section 9.16 shall be governed by the terms of this Agreement.
The provisions of this Section 9.17 shall survive the termination of this Agreement.
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ARTICLE 10,
NOTICES
Notices provided for herein, unless expressly provided for otherwise in this Agreement,
shall be in writing and may be delivered personally or by placing in the United States mail, first
class and certified, return receipt requested, with postage prepaid and addressed as follows:
If to the Municipality: Village of Morton Grove
6101 Capulina Avenue
Morton Grove, Illinois 60053
Attention: Finance Director /Treasurer
If to the Contractor: Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563 -9600
Attention: Billing Manager
With a Copy to: Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563 -9600
Attention: Community Relations Manager
Changes in the above - referenced addresses must be in writing and delivered in accordance with
the provisions of this Article 10. Notices delivered by mail shall be deemed received three days
after mailing in accordance with this Article 10. Notices delivered personally shall be deemed
effective upon receipt.
ARTICLE 11.
AUTHORITY
11.1 Municipality's Authority
This Agreement is entered into by virtue of the home rule authority conferred on the
Municipality under Section 6(a), Article VII of the 1970 Constitution of the State.
11.2 Contractor's Authority
Execution of this Agreement by the Contractor is authorized by bylaws or a resolution of
its Board of Directors, and the signature of each person signing on behalf of the Contractor have
been made with complete and full authority to commit the Contractor to all terms and conditions
of this Agreement.
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IN WITNESS WHEREOF, the Municipality and the Contractor have executed this
Agreement on the date first set forth above.
VILLAGE OF MORTON GROVE
By:
Its: Daniel P. DiMaria, Village President
NORTHERN ILLINOIS GAS COMPANY, d/b /a/
NICOR GAS COMPANY
By:
Its:
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Legislative Summary
Resolution 15 -56
AUTHORIZING AN EMPLOYMENT AGREEMENT BETWEEN
THE VILLAGE OF MORTON GROVE AND RALPH E. CZERWINSKI
Introduced:
August 10, 2015
Synopsis:
This resolution will authorize an agreement with Ralph E. Czerwinski to act as the
Village's Village Administrator.
Purpose:
The Mayor intends to appoint Ralph E. Czerwinski to the position of Village
Administrator. This agreement will establish the terms and conditions of Mr.
Czerwinski's employment.
Background:
The Village Administrator is the chief administrative officer of the Village. He is
responsible for the Village's day -to -day operations and the Village's budget. He will
oversee all employees and will carry out the goals and policies set forth by the Village
Board. Mayor DiMaria will, with the concurrence of the Board appoint Ralph E.
Czerwinski to serve as Village Administrator, effective August 11, 2015. The parties
have negotiated an employment agreement to set forth the terms, conditions and
compensation of Mr. Czerwinski's employment. Under the agreement, Czerwinski shall
receive an annual base salary of $165,000, a car allowance, health insurance, IMRF
benefits, and contributions to a deferred compensation retirement plan. The agreement
further provides for severance compensation and benefits in the event Mr. Czerwinski's
employment is terminated for reasons other than "cause or breach of contract ".
Programs, Departments
Administration, Finance
or Groups Affected
Fiscal Impact:
The Village Administrator will be paid and receive benefits as noted in the agreement
which has been made part of this resolution.
Source of Funds:
General Fund
Workload Impact:
All departments affected will perform their normal work activities and integrate activities
with the new Village Administrator.
Administrator
Approval as presented
Recommendation:
First Reading:
Not required.
Special Considerations or None
Requirements:
Respectfully submitted:
J. F fuel,/Vi1jpgk/AdministratorProTem
Prepared by: ^-ee! 4 /H.�i174—
Teresa Hoffm L' Corporation Counsel
RESOLUTION 15 -56
AUTHORIZING AN EMPLOYMENT AGREEMENT BETWEEN
THE VILLAGE OF MORTON GROVE AND RALPH E. CZERWINSKI
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Village, as a home rule municipality has the authority to adopt ordinances and
resolutions, and to promulgate those ordinances, resolutions, rules and regulations which pertain to its
government and affairs; and
WHEREAS, the Village President intends to appoint Ralph E. Czerwinski as Village
Administrator (the "Village Administrator "); and
WHEREAS, Ralph E. Czerwinski has accepted the position of Village Administrator; and
WHEREAS, the Village President and Board of Trustees desire to provide Ralph E. Czerwinski
with certain benefits and set the conditions of his employment; and
WHEREAS, following the Mayor's appointment and the Village Board's concurrence of same,
Ralph E. Czerwinski will be employed as Village Administrator, effective August 11, 2015, pursuant to
the terms agreed to in his Employment Agreement (the "Agreement "); and
WHEREAS, pursuant to the terms of this Employment Agreement, Mr. Czerwinski shall receive
a base salary of $165,000 per year, a car allowance, health insurance, IMRF benefits and contributions to
a deferred compensation retirement plan. The agreement further provides for severance compensation
and benefits in the event Mr. Czerwinski's employment is terminated for reasons other than "cause or
breach of contract"; and
WHEREAS, the Village Board believes approval of this Employment Agreement is in the best
interest of the Village of Morton Grove.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The Village President is hereby authorized to sign and the Village Clerk is
authorized to attest to an employment agreement with Ralph E. Czerwinski in substantial conformance
to the agreement attached hereto as Exhibit "A ".
SECTION 3. The Corporate Authorities shall cause sufficient funds to be budgeted and
appropriated to meet the Village's financial obligations pursuant to this agreement.
SECTION 4: This Resolution is adopted pursuant to the Village's authority as a home rule
municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of
1970, pertains to its government and affairs, and specifically abrogates and renders ineffective the
specified portions of the "Contractual Liabilities — Limitations" provisions of the Illinois Municipal
Code 65 ILCS 5/8- 1 -7(a) and (b).
SECTION 5: To the extent any provision in this Agreement is inconsistent or conflicts with any
Village ordinances or resolutions, or parts thereof, the Agreement controls.
SECTION 6: If a court of competent jurisdiction holds any provision of this Resolution invalid,
such provision shall be stricken and shall not affect any other provision of this Resolution.
SECTION 7: This Resolution shall be in full force and effect upon its passage and approval.
PASSED this 10`h day of August 2015.
Trustee
Trustee
Trustee
Trustee
Trustee
Trustee
Grear
Minx
Pietron
Ramos
Thill
Witko
APPROVED by me this 10`h day of August 2015.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
This 11`h day of August 2015.
Connie Travis, Village Clerk
Village of Morton Grove
Cook County, Illinois
Employment Agreement
This Agreement, made and entered into the 10th day of August 2015, by and
between the Village of Morton Grove, a home rule municipal corporation located in
Cook County, Illinois, (hereinafter called "Village ") and Ralph E. Czerwinski, (hereinafter
called "Czerwinski ") both of whom agree as follows:
Section 1: Term
A. This Agreement shall remain in full force effective immediately until terminated by
the Village or Czerwinski as provided in Section 9, 10 or 11 of this Agreement.
Section 2: Duties and Authority
A. Village agrees to employ Czerwinski as its Village Administrator. Czerwinski
shall be the Chief Executive Officer of the Village and shall faithfully perform the
duties of Village Administrator as prescribed in the Municipal Code of Morton
Grove and /or by ordinance or resolution adopted by the Village Board from time -
to -time. Czerwinski shall comply with all lawful Village Board of Trustees
directives, state and federal laws, Village policies, rules and ordinances as they
exist or may hereafter be amended.
B. All duties assigned to Czerwinski by the Village President and /or the Corporate
Authorities shall be appropriate to and consistent with the professional role and
responsibility of the Village Administrator.
C. Czerwinski cannot be reassigned from the position of Village Administrator to
another position without Czerwinski's express written consent.
D. Czerwinski or his designee shall attend, and shall be permitted to attend, all
meetings of the Village Board of Trustees, both public and closed, with the
exception of those closed meetings devoted to the subject of this Agreement, or
any amendment thereto, or Czerwinski's evaluation, or otherwise consistent with
state law.
E. The Village Board of Trustees, individually and collectively, shall refer in a timely
manner all substantive criticisms, complaints and suggestions called to their
attention to Czerwinski for study and /or appropriate action.
Section 3: Compensation
A. Village agrees to pay Czerwinski an annual base salary of $165,000.00, payable
in installments at the same time all regular employees of the Village are paid.
B. The Village may, in its discretion, review, and adjust the salary of Czerwinski, but
in no event shall Czerwinski be paid less than the salary set forth in Section 3.A.
of this Agreement except by mutual written Agreement between Czerwinski and
Village.
Richard T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 1
Tel: (847) 965 -4100 Fax: (847) 965 -4162
Recycled Paper
C. Czerwinski shall be entitled to longevity compensation as provided in the
Village's Personnel Policy Manual.
D. This Agreement shall be automatically amended to reflect any salary adjustments
approved for Czerwinski by the Village Board of Trustees.
Section 4: Health, Disability and Life Insurance Benefits
A. The Village agrees to provide and to pay the premiums for health, hospitalization,
surgical, vision, dental, and comprehensive medical insurance for Czerwinski and
his dependents, at a minimum, equal to that which is provided to all other full -
time non -sworn Village employees.
B. Czerwinski may elect to submit once per calendar year to a complete physical
examination, including a cardio - vascular examination, by a qualified physician
selected by Czerwinski, the cost of which shall be paid by the Village.
C. The Village shall pay the amount of premium due for term life insurance in the
amount of two (2) times Czerwinski's annual base salary, including all increases
in the base salary during the life of this Agreement. Czerwinski shall name the
beneficiary of the life insurance policy. If such coverage is not available through
the Village's insurance carrier or Czerwinski elects to obtain coverage through a
different insurance carrier, the Village shall reimburse Czerwinski for the cost of
the premiums in an amount equal to the same value as that provided by the
Village's insurance carrier. Czerwinski shall own the life insurance policy and the
life insurance policy shall be in the name of Czerwinski and Czerwinski shall
have the right to name the beneficiary of the life insurance policy.
D. The Village shall pay Czerwinski disability benefits as provided for in the Village's
Personnel Policy Manual and pursuant to the Illinois Municipal Retirement Fund
(IMRF).
Section 5: Vacation, Sick and Paid Leave
A. Upon commencing employment, Czerwinski shall be credited with 72 sick leave
hours. Beginning on January 1, 2016, Czerwinski shall be entitled to all sick
leave benefits as set forth in the current Village Personnel Policy Manual, except
that upon termination of employment, all accrued benefits in Czerwinski's sick
leave bank shall be paid to him at his latest rate of pay in his discretion (i) to
extend the time that Czerwinski remains on the payroll, (ii) as a lump sum cash
payment, or (iii) to a health savings account as allowed by law.
B. Upon commencing employment, Czerwinski shall be credited with 200 accrued
vacation leave hours. In addition, beginning the first day of January 2016,
Czerwinski shall annually be credited with an additional 200 accrued vacation
leave hours. However, at no time shall Czerwinski's vacation leave bank exceed
300 hours. Czerwinski may utilize his accrued vacation leave at anytime. Upon
termination of employment, all accrued benefits in Czerwinski's vacation leave
bank shall be paid to him at his latest rate of pay in his discretion (i) to extend the
time that Czerwinski remains on the payroll, or (ii) as a lump sum cash payment.
C. Notwithstanding anything to the contrary, Czerwinski's sick leave and vacation
leave rights and benefits shall not be less than any other rights or benefits
provided for or available to any other full -time non -sworn Village employee.
D. Czerwinski shall be entitled to Catastrophic Leave benefits no less than those
benefits provided in the Village's Personnel Policy Manual as of the effective date
of this Agreement.
E. Czerwinski shall be entitled to all holidays, floating holidays, paid administrative
leave, and other paid and nonpaid leave allowed for management level
employees of the Village. Czerwinski's accrued but unused floating holidays
shall be carried over to the following year and shall not expire at the end of each
year.
Section 6: Automobile
A. Czerwinski's duties require exclusive and unrestricted use of an automobile. At
Czerwinski's option, a mutually agreed vehicle shall be purchased or leased by
the Village for Czerwinski's exclusive benefit, or Czerwinski shall be provided a
monthly vehicle allowance.
B. Should Czerwinski request a vehicle allowance, the Village will pay to
Czerwinski, during the term of this Agreement and in addition to other salary and
benefits herein provided, the sum of $6,000.00 per year, payable monthly, as a
vehicle allowance to be used to purchase, lease, or own, operate and maintain a
vehicle. The monthly allowance shall be increased annually by the greater of 3%
or the annual increase in the Consumer Price Index for All Urban Consumers
(CPI -U) in the Chicago- Gary- Kenosha area as determined by the U.S. Bureau of
Labor Statistics. Czerwinski shall be responsible for paying for liability, property
damage, and comprehensive insurance coverage upon such vehicle and shall
further be responsible for all expenses attendant to the purchase, operation,
maintenance, repair, and regular replacement of said vehicle. However, the
Village shall reimburse Czerwinski at the IRS standard mileage rate for any
business use of the vehicle outside of Cook, Du Page, Kane, Lake, McHenry, or
Will County.
C. Should Czerwinski request the Village provide a vehicle for him, the Village shall
be responsible for paying for all fuel costs (except for personal travel liability),
property damage, and comprehensive insurance, and for the purchase (or lease),
operation, maintenance, repair, and regular replacement of a mutually agreed
full -size automobile.
Section 7: Retirement
A. The Village agrees to enroll Czerwinski into IMRF and to make all the appropriate
contributions to IMRF on Czerwinski's behalf so long as he remains on the
Village's payroll.
B. In addition to the Village's payment to IMRF, the Village agrees to execute and
keep in force all necessary agreements provided by ICMA Retirement Corpo-
ration [ICMA -RC] or an agreed Section 457 deferred compensation plan for
Czerwinski's participation in said supplementary retirement plan. In addition to
the base salary paid by the Village to Czerwinski, Village shall pay an amount
equal to ten percent (10 %) of Czerwinski's base annual salary into the
designated plan on Czerwinski's behalf, in equal proportionate amount each pay
period. In lieu of making a contribution to a Section 457 deferred compensation
plan, the dollar value of this contribution may be used, at Czerwinski's option, to
purchase previous service from another qualified plan.
Section 8: General Business Expenses
A. The Village agrees to budget and pay for professional dues, including but not
limited to the International City/ County Management Association, and
subscriptions as Czerwinski finds necessary for continuation and full participation
in national, regional, state, and local associations, and organizations necessary
and desirable for Czerwinski's continued professional participation, growth, and
advancement, and for the good of the Village.
B. The Village agrees to budget and pay for travel and subsistence expenses of
Czerwinski for professional and official travel, meetings, and occasions to
adequately continue the professional development of Czerwinski and to pursue
necessary official functions for Village, including but not limited to the ICMA
Annual Conference, the state league of municipalities, and such other national,
regional, state, and local governmental groups and committees in which
Czerwinski serves as a member.
C. The Village also agrees to budget and pay for travel and subsistence expenses
of Czerwinski for short courses, institutes, and seminars that are necessary for
Czerwinski's professional development and for the good of the Village.
D. The Village recognizes certain expenses of a non - personal but job related nature
are incurred by Czerwinski, and agrees to reimburse or to pay said general
expenses. Such expenses may include meals where Village business is being
discussed or conducted, and participation in social events of various
organizations when representing the Village. Such expenditures are subject to
annual budget constraints as well as State and Village ethics and purchasing
policies. The Finance Director of the Village is authorized to disburse such
moneys upon receipt of duly executed expense or petty cash vouchers, receipts,
statements, or personal affidavits.
E. The Village acknowledges the value of having Czerwinski participate and be
directly involved in local civic clubs or organizations. Accordingly, the Village
shall pay for the reasonable membership fees and/ or dues to enable Czerwinski
to become an active member in local civic clubs or organizations.
F. Recognizing the importance of constant communication and maximum
productivity, the Village shall provide Czerwinski, for business and personal use,
a laptop computer, software, internet connection at Czerwinski's permanent
residence, mobile phone /personal digital assistant and /or tablet computer for
business and personal use, and pager for business and personal use required for
Czerwinski to perform his duties and to maintain communication with the
Village's staff and officials, as well as other individuals who are doing business
with the Village. Upon termination of Czerwinski's employment, the equipment
described herein shall become the property of Czerwinski and at the discretion of
Czerwinski any mobile phone number shall be transferred to Czerwinski.
if
Section 9:
Termination
A. For
the purpose of this Agreement, termination shall occur when:
1.
The Village President and /or the Village Board of Trustees do not
reappoint Czerwinski.
2.
The majority of the Village Board of Trustees votes to terminate
Czerwinski in accordance with the Municipal Code of Morton Grove at a
properly posted and duly authorized public meeting.
3.
If the Village, citizens, or legislature acts to amend any provisions of the
Municipal Code of Morton Grove pertaining to the role, powers, duties,
authority, responsibilities of Czerwinski's position that substantially
changes the form of government, Czerwinski shall have the right to
declare
such amendments constitute
termination.
4.
If the Village reduces the base salary, compensation or any other financial
benefit of Czerwinski, unless it is applied in no greater percentage than
the average reduction of all department heads, such action shall constitute
a breach of this Agreement and will be regarded as a termination.
5.
If Czerwinski resigns following an offer to accept resignation, whether
formal or informal, by the Village as representative of the majority of the
Village Board of Trustees that Czerwinski resign, then Czerwinski may
declare a termination as of the date of the suggestion.
6.
If either party breaches this contract, unless said breach is cured within
30 -days after receipt of notice of said breach, written notice of a breach of
contract shall be provided in accordance with the provisions of Section 19.
7.
If Czerwinski is terminated by a 2/3 vote of the Corporate Authorities for
cause. Cause for purposes of this Agreement shall include by way of
example, the conviction of a felony, official misconduct, incompetence, or
gross and repeated neglect of duty.
8.
If Czerwinski voluntarily resigns.
B. In the event the Village terminates Czerwinski for any reason other than for
cause or breach of contract as set forth in Section 9.A.6 above, the Village shall
pay
severance payments and benefits to Czerwinski in accordance with Section
10.
Section 10: Severance
Severance shall be paid to Czerwinski when employment is terminated as defined in
Section 9 B as follows:
A. The Village shall provide a minimum severance payment equal to six (6) months
salary at his then current rate of pay. This severance shall be paid in
Czerwinski's sole discretion (1) to extend the time the Czerwinski remains on the
payroll, or (2) in a lump sum payment.
B. The Village shall make a contribution to Czerwinski's deferred compensation
account in an amount equal to 10% of his severance payment. If the amount of
the contribution under this Section exceeds the limit under the Code for a
contribution to the Deferred Compensation plan, the remainder shall be paid to
Czerwinski in a lump sum as taxable compensation.
C. The Village shall compensate Czerwinski for all accrued and unused sick leave,
vacation leave, and all paid holidays and floating holidays at his then current rate
of pay pursuant to Section 5 above.
D. For a minimum period of one year following termination, the Village shall pay the
cost to continue the following benefits:
1. Health insurance for Czerwinski and all dependents as provided in Section
4A, after which time, Czerwinski will be provided access to health
insurance pursuant to the Consolidated Omnibus Budget Reconciliation
Act ( "COBRA ").
2. Life insurance as provided in Section 4C.
3. Car allowance or payment of lease, or provide option to buy Village's
vehicle at depreciated value.
4. Out placement services should Czerwinski desire them in an amount not
to exceed $10,000.00.
Section 11: Resignation
In the event Czerwinski voluntarily resigns his position with the Village, Czerwinski shall
provide a minimum of 60 days notice unless Village and Czerwinski agree otherwise.
Section 12: Performance Evaluation
A.
The Village shall annually review the performance of Czerwinski in September of
each year subject to a process, form, criteria, and format for the evaluation,
which shall be mutually agreed upon by the Village and Czerwinski.
B.
The annual evaluation process, at a minimum, shall include the opportunity for
both parties to: (1) conduct a formulary session where the Village Board of
Trustees and Czerwinski meet first to discuss goals and objectives of both over
the past twelve (12) month performance period, as well as the upcoming twelve
(12) month performance period, (2) following that formulary discussion, prepare a
written evaluation of goals and objectives for the past and upcoming year, (3)
next meet and discuss the written evaluation of these goals and objectives, and
(4) present a written summary of the evaluation results to Czerwinski. The final
written evaluation should be completed and delivered to Czerwinski within 30
days of the initial formulary evaluation meeting.
C.
Unless Czerwinski expressly requests otherwise in writing, the evaluation of
Czerwinski shall at all times be conducted in Executive Session of the Village
Board of Trustees and shall be considered confidential to the extent permitted by
law. Nothing herein shall prohibit the Village or Czerwinski from sharing the
content of Czerwinski's evaluation with their respective legal counsel.
D.
In the event the Village deems the evaluation instrument, format and /or
procedure is to be modified by the Village and such modifications would require
new or different performance expectations, then Czerwinski shall be provided a
reasonable period of time to demonstrate such expected performance before
being evaluated.
E.
In the event Czerwinski is an ICMA Credentialed Manager, the multi -rater
evaluation
tool
will
be utilized
at a minimum
of every
five years.
[e
Section 13: Hours of Work
It is recognized Czerwinski must devote a great deal of time outside the normal office
hours on business for the Village, and to that end Czerwinski shall be allowed to
establish an appropriate work schedule. The schedule shall be appropriate to the
needs of the Village and shall allow Czerwinski to faithfully perform his or assigned
duties and responsibilities.
Section 14: Outside Activities
The employment provided for by this Agreement shall be Czerwinski's primary
employment. Recognizing certain outside consulting or teaching opportunities provide
indirect benefits to the Village and the community, Czerwinski may elect to accept
limited teaching, consulting or other business opportunities with the understanding such
arrangements must neither constitute interference with nor a conflict of interest with his
responsibilities under this Agreement.
Section 15: Relocation
Czerwinski shall not be required to establish residence within the corporate boundaries
of the Village.
Section 16: Indemnification
Beyond that required under Federal, State or Local Law, the Village shall defend, save
harmless and indemnify Czerwinski against any obligation to pay money or to perform
or not to perform action, including without limitation, any and all losses, damages, judg-
ments, interests, settlements, penalties, fines, court costs and other reasonable costs
and expenses of legal proceedings including attorneys fees, and any other liabilities
arising from, related to, or connected with any tort, professional liability claim or demand
or any other threatened, pending or completed action, suit or proceeding, whether civil,
criminal, administrative, arbitrative or investigation, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Czerwinski's
duties as Village Administrator or resulting from the exercise of judgment or discretion in
connection with the performance of program duties or responsibilities, unless the act or
omission involved willful or wanton conduct. Czerwinski may request and the Village
shall not unreasonably refuse to provide independent legal representation at Village's
expense and Village may not unreasonably withhold approval. Legal representation,
provided by Village for Czerwinski shall extend until a final determination of the legal
action including any appeals brought by either party. The Village shall indemnify
Czerwinski against any and all losses, damages, judgments, interest, settlements,
penalties, fines, court costs and other reasonable costs and expenses of legal
proceedings including attorneys fees, and any other liabilities incurred by, imposed
upon, or suffered by such Czerwinski in connection with or resulting from any claim,
action, suit, or proceeding, actual or threatened, arising out of or in connection with the
performance of his duties. Any settlement of any claim must be made with prior
approval of the Village in order for indemnification, as provided in this Section, to be
available.
VA
Czerwinski recognizes Village shall have the right to compromise and unless Czerwinski
is a party to the suit which Czerwinski shall have a veto authority over the settlement,
settle any claim or suit; unless, said compromise or settlement is of a personal nature to
Czerwinski. Further, Village agrees to pay all reasonable litigation expenses of
Czerwinski throughout the pendency of any litigation to which Czerwinski is a party,
witness, or advisor to the Village. Such expense payments shall continue beyond
Czerwinski's service to the Village as long as litigation is pending. Further, Village
agrees to pay Czerwinski reasonable consulting fees and travel expenses when
Czerwinski serves as a witness, advisor or consultant to Village regarding pending
litigation.
Section 17: Bonding
Village shall bear the full cost of any fidelity or other bonds required of Czerwinski under
any law or ordinance.
Section 18: Other Terms and Conditions of Employment
A. The Village, only upon agreement with Czerwinski, shall fix any such other terms
and conditions of employment, as it may determine from time -to -time, relating to
the performance of Czerwinski, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the
Municipal Code of the Village of Morton Grove, local ordinances, resolutions or
any other law.
B. Except as otherwise provided in this Agreement, Czerwinski shall be entitled, at a
minimum, to the highest level of benefits enjoyed by or offered to other
Department Directors or full -time non -sworn employees of the Village.
C. The Village has or will appropriate, set aside and /or encumber, available funds of
the municipality in an amount sufficient to fund and pay all financial obligations of
the Village pursuant to this Agreement, including but not limited to, the
Severance and other benefits set forth in Section 10.
Section 19: Notices
Pursuant to this Agreement, notice shall be given by depositing in the custody of the
United States Postal Service, postage prepaid, and addressed as follows:
To the Village:
Village of Morton Grove
6101 Capulina Avenue
Morton Grove, IL 60053
Attn: Corporation Counsel
To Czerwinski:
Ralph E. Czerwinski
At the address on file with the Village
Notice shall be deemed given as of the date of personal service or as the date of
deposit of such written notice in the course of transmission in the United States Postal
Service,
Section 20: General Provisions
A. Integration. This Agreement sets forth and establishes the entire understanding
between the Village and Czerwinski relating to the employment of Czerwinski by
the Village. Any prior discussions or representations by or between the Village
and Czerwinski are merged into and rendered null and void by this Agreement.
The Village and Czerwinski by mutual written Agreement may amend any
provision of this Agreement during the life of the Agreement. Such amendments
shall be incorporated and made a part of this Agreement.
B. Binding Effect. This Agreement shall be binding on the Village and Czerwinski
as well as their heirs, assigns, executors, personal representatives and
successors in interest.
C. Effective Date. This Agreement shall become effective immediately.
D. Severability. The invalidity or partial invalidity of any portion of this Agreement
will not affect the validity of any other provision. In the event any provision of this
Agreement is held to be invalid, the remaining provisions shall be deemed to be
in full force and effect as if both Village and Czerwinski have executed them
subsequent to the expungement or judicial modification of the invalid provision.
E. Precedence. In the event of any conflict between the terms, conditions and
provisions of this Agreement and the provisions of Council's policies, or Village's
ordinance or Village's rules and regulations, or any permissive state or federal
law, then, unless otherwise prohibited by law, the terms of this Agreement shall
take precedence over contrary provisions of Council's policies, or Village's
ordinances, or Village's rules and regulations or any such permissive law during
the term of this Agreement.
AGREED this 10th day of August 2015.
Village of Morton Grove
Daniel P. DiMaria, Village President
Attest:
Connie Travis, Village Clerk
Ralph E. Czerwinski