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HomeMy WebLinkAbout2016-03-14 AgendaMORTON GROVE L„ „ -,IOW, ( I,," ,. \ - VILLAGE BOARD OF TRUSTEES REGULAR MEETING NGTICE /AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM MARCH 149 2016 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 THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE C'OUNCIIIL. CHAMBERS OF THE RICHARD T. IFlLICKINGIER MUNICIPAL CENTER 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes — Regular Meeting — February 22, 2016 8. Special Reports 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Requesting Board Confirmation for the Following Commission Appointments: 1) Anisa Laliwala to the Community Relations Commission 12. Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Presentation and Request for a Motion to authorize an extension of time for the Board to take action on Plan Commission Case PC15 -09. In accordance with Section 12 -16 -4 of the Village Code, Heartland Real Estate Partners -MG, LLC has requested a continuance of Plan Commission Case PCl 5 -09 to March 28, 2016, for the first read and April 11, 2016, for the second read of and action on the PUD Ordinance, and to mutually extend the 45 day timeline by which the Board is required to take action, in accordance with this updated schedule 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 16 -04 (Introduced March 14, 2016) (First Reading) Amending the Village's Unified Development Code (Ord 07 -07) to Modify the Definitions for Restaurant Uses (Sec 12 -17 -1) 2) Ordinance 16 -01 (Introduced March 14, 2016) (First Reading) Amending Title 10, Chapter 3 Entitled Plumbing Regulations of the Municipal Code to Adopt the Most Current Version of the Illinois Plumbing Code and to Require New and Replacement Plumbing Fixtures Meet USEPA Specifications C. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan (Trustee Minx) 1) Resolution 16 -16 (Introduced March 14, 2016) Authorizing the Execution of a Contract with Brancato Landscaping, Inc. for the 2016 Tree Planting Program — Program `B" 2) Resolution 16 -17 (Introduced March 14, 2016) Authorizing the Execution of a Task Order with Ciorba Group, Inc. for Design Engineering Services for the Meade -Moody Sanitary Sewer Project 3) Ordinance 16 -05 (Introduced March 14, 2016) (Request to Waive Second Reading) Franchise Agreement with Northern Illinois Gas Company (d /b /a Nicor Gas Company to Construct, Operate, and Maintain a Natural Gas Distributing System In and Through the Village 4) Ordinance 16 -06 (Introduced March 14, 2016) (First Reading) Updating Title 7, Chapter 9 of the Municipal Code Entitled "Construction of Utility Facilities in the Public Rights -of- Way ", Section 4 Entitled "Permit Required; Applications and Fees ", Section 5 Entitled "Action on Permit Applications" and Section 15 Entitled "Location of Facilities" d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects (Trustee Thill) 1) Resolution 16 -18 (Introduced March 14, 2016) Updating Authorized Signatures on Village Bank Accounts 2) Resolution 16-19 (Introduced March 14, 2016) Authorizing the Annual July 4 Parade and Closure of Dempster Street e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission (Trustee Ramos) Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services Department, Chamber- of Commerce, Advisory Commission on Aging (Trustee Great) 15. Other Business 16. Presentation of Warrants - $332,794.92 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment - To ensure fell 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. CALL TO ORDER I & Village President Dan DiMaria called the meeting to order at 7:00 p.m. in the Council 11. Chambers of Village Hall. He then led the Board and assemblage 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 a. Regarding the Minutes of the Budget Workshops of October 29, 2015, November 5, 2015, and November 18, 2015, Trustee Grear moved to approve the Minutes of these workshops as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. b. Regarding the February 8, 2016 Regular Board Meeting, Trustee Pietron moved to approve the Minutes as presented, seconded by Trustee Minx. Motion passed unanimously via voice vote. V. SPECIAL REPORTS 1. Plan Commission Case PC15 -09. Requesting a Mixed Use Planned Unit Development (PUD) at the Property Commonly Known as 8700 Waukegan Road in Accordance With Section 12 -06 of the Village's Unified Development Code. a. Community and Economic Development Director Nancy Radzevich presented this case to the Board. She clarified that the Board was taking no action this evening, and the ordinances for the Planned Unit Development and the Redevelopment Agreement would not be introduced until the Board's March 14"' meeting. The second reading and the vote will be held at the Board's meeting on March 28. b. Ms. Radzevich said this is a request for a Mixed Use Planned Unit Development comprised of a seven -story, 184 unit residential structure and a 14,000 square foot single -story commercial structure on a 2.8 acre parcel of land. c. The applicant is proposing to demolish the existing 62,000 square foot office building and construct a residential and a commercial structure. V. SPECIAL REPORTS (continued) Ms. Radzevich said that the applicant has been working with the proposed development's neighbors, the Morton Grove Estates condominium owners, because about 75 -feet of the land where the access is belongs to them. She said she was confident the parties were moving forward, adding that the applicant has already made modifications to the proposed development plan to help alleviate some of the neighbors' concerns and to help share the responsibility for the access. e. The Village's Unified Development Code allows for Planned Unit Developments in the C1 District on properties greater than one acre, and allows the Board to grant waivers for PUDs related to setback, height, density, floor area ratio, off - street parking and loading, screening, lighting, signage, and subdivision design standards. In this case, the applicant is seeking waivers related to setback (from a 5 -foot required side yard setback to a 2.75 -foot setback), height (from a maximum height of 40 feet to up to 77 feet), floor area ratio (from a ratio of 2.0 to 2.55), and loading (from 1 required loading berth to none). The applicant is also requesting to establish the number of required parking spaces for the overall development at 333 overall (327 on -site spaces and six shared spaces). Ms. Radzevich said the back portion of the site will have the 7 -story residential building, which will be five floors of residential units and two floors of above - ground parking. The commercial building will be on the front of the site, right along Waukegan Road, and will contain a mix of as -yet- undefined retail uses. There will be 327 on -site parking spacing, including the surface lot between the commercial and residential building that will have 51 spaces. The residential building will feature an outdoor common area on the third floor, with grills and recreational spaces, and another outdoor area on the seventh floor. g. Ms. Radzevich said that both the Appearance Commission and the Traffic Safety Commission approved this case, but each imposed conditions for approval. She stated that a good portion of the 3.5 hour Public Hearing was spent discussing parking, traffic, and access. h. The site has two access points; one on the north side and one on the south side. The north side access is limited to right turns in and right turns out only. The access on the south side is full access and is shared with the Morton Grove Estates neighbors. It is currently only two access lanes, one entering the site and one exiting the site. There is a driveway out of the condominiums that leads right into the access point. Ms. Radzevich said that the applicant's traffic engineer testified at the Plan Commission hearing that the development would have a minimal impact on existing traffic. The traffic flow on -site has been mitigated because the applicant has moved the ancillary services (deliveries, trash removal, and visitor parking) to the north side of the site. This also helps reduce the amount of traffic on the shared access point. The applicant's traffic engineer analyzed the number of parking spaces and testified that he found the on -site number was sufficient. The traffic engineer also did a gap analysis and determined that there are enough gaps in the traffic flow along Waukegan Road to allow cars to exit the site. It is likely, though, that cars will continue to queue, as they do now, so the conversation ultimately moved to the possibility of adding a third access lane, which would be a dedicated left turn out lane. Plan Commission members felt the additional lane was critical to the development and ultimately included, as one of the conditions of approval, that the applicant approval from the Illinois Department of Transportation (]DOT) and the Morton Grove Estates' Homeowners Association. Adding the third access lane will require a larger curb cut (36 feet versus 30 feet), which the applicant said would likely result in the loss of some parking spaces. V. `Minutes of February 22, 2016 Board Meeting SPECIAL REPORTS (continued) j. Plan Commission members also had some questions regarding the adequacy of visitor parking, but the traffic engineer noted that, after the retail businesses close, those 51 commercial spaces will be available for visitor parking. k. Ms. Radzevich said that rents at the residential building will range from $1,400 to $2,500 per month. Demolition of the existing building will begin upon project approval and vertical construction will occur after that. I. There was some concern expressed at the Plan Commission hearing about the lighting levels. These concerns will be addressed on the final lighting plan. m. Some of the public benefits of this project are that it is a significant investment in the Village; it will redevelop a somewhat blighted office building, and ideally, this development will act as a catalyst for other development in this area. n. Ms. Radzevich said that, when Plan Commission Chairman Farkas invited public comment, several residents from Morton Grove Estates and some neighbors from the Village of Niles spoke. There was some concern that the traffic study didn't adequately address the queuing problem, but Ms. Radzevich said that will be addressed by adding a third access lane. The residents were also concerned about the number of parking spaces they are losing on the north side of the site, and worried that the driveway would be closed during construction. (It won't be.) There was additional concern mentioned about the height and location of the residential building and the impacts of the lighting on the residents that abut the building. And there was a concern on the part of a Niles resident that he would be losing access to the property. Ms. Radzevich said that has since been resolved. n. Ms. Radzevich said that Plan Commission voted 5 -1 -1 to approve this case. Commissioner Gabriel voted against the plan because he was concerned about the lights. Subsequently, the applicant did a comparative sunlight analysis, comparing a 77 foot building set back on the site versus a 40 foot building set within five feet of the property line. The result is identical in terms of light coverage. There is no significant difference. o. Ms. Radzevich said that the applicant continues to listen to the concerns of the condominium owners, and had adjusted the site plan so that the parking spaces they were concerned about losing will be restored. The applicant is working on obtaining an updated easement agreement with the homeowners to share responsibility for access and maintenance. Mayor DiMaria asked if the Board had any questions. p. Trustee Minx clarified that the previous plan only had six spaces along the north side for the condo owners, but the newest plan appears to have almost as many as they have now. Ms. Radzevich said yes, a few parking spaces were lost because of adding the third access lane. Those spaces will be dedicated to the condominium owners. q. Trustee Grear asked if there would be a divider between the exit access lanes and the ingress access lanes. She said there wouldn't be a divider, but the site plan itself, and the fact that all the amenities are on the north side, will encourage that type of traffic movement. r. Mayor DiMaria thanked the Morton Grove Estates residents and said this is a perfect example of people working together and talking things out to come to an acceptable resolution. He also commended the developer for his responsiveness. V. Minutes of February 22, 2016 Board Meeting. SPECIAL REPORTS (continued) 2. Presentation by the Morton Grove Moose Lodge a. Mayor DiMaria asked for a short break from Ms. Radzevich' presentation, as he noticed several members of the Morton Grove Moose Lodge, here this evening to make a presentation for Morton Grove Days, Trustee Grear and Mayor DiMaria, along with Morton Grove Days Commission President Paul Minx, welcomed Bob Green, Craig Christenson, and Randy Gartner representing the Moose. b. The gentlemen presented Mr. Minx with a check for $3,000. Mayor DiMaria thanked them and the Moose Lodge for their generosity, saying that donations such as this help keep the Morton Grove Days tradition alive. Trustee Grear noted that the $3,000 is earmarked for the Fireworks. He and Mr. Minx echoed the Mayor's thanks. c. Mayor DiMaria asked Ms. Radzevich to continue, and she proceeded with a presentation of Plan Commission Case 16 -01. 9 a. Community and Economic Development Director Nancy Radzevich presented this case to the Board. b. Ms. Radzevich explained that the current definition of "restaurant" in the Village's Municipal Code is written in such an inclusive manner that it could define a variety of other types of establishments. The proposed amendment will not only clarify the general definition of a restaurant (versus a bar that serves food), but will also clarify restaurant types, which may require a different level of review and /or different parking requirements. C. The current definition of "restaurant" is "an establishment where food is prepared, served, and consumed." Staff is proposing to change that to "an establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food; however, kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a "bar." Staff is also recommending that definitions for "carryout restaurants" and "drive -in or drive - through restaurants" also be included in the Municipal Code. Ms. Radzevich said that members of the Plan Commission asked questions to clarify the definitions, and complimented staff on being proactive in changing the definition and adding the new definitions. The Plan Commission voted unanimously to approve this case. 4. Mather LifeWays: 2015 Quality of Life Survey Results a. Mr. Ovie Salgado presented this report to the Board. b. He said the Village and Mather LifeWays partnered in January 2015 to bring services and life programs to older adult residents, and recently surveyed program attendees for feedback on the services and programs being provided. V. SPECIAL REPORTS (continued) C. Over 100 older adults that have utilized these programs and services through the Morton Grove Civic Center during 2015 participated in the survey. He said the Board should keep in mind, however, that not everyone taking the survey responded to all the questions. d. Mr. Salgado said that Mather LifeWays had begun taking attendance in March of 2015. He said that, between March Vt and December 31s`, over 1,100 visitors came to the Civic Center, of those, 409 were Morton Grove residents. Residents made multiple and frequent visits. The second highest number of visitors were Chicago residents, and the third and fourth highest were from Niles and Skokie, respectively. e. The survey was developed in 2001 to gain a better understanding of Mather LifeWays' customers and to measure the organization's impact on people's quality of life. Mr. Salgado said the survey revealed that 82% of visitors to the Civic Center are female and 18% are male; 78% are between 70 and 89 years old; 42% are married, 11 % are single; 39% are widowed, and 7% are divorced. He said that 74% feel they are in good to very good health. 33% of survey respondents said they come to the Civic Center at least once a week. 41 % report that they live within a one to three mile radius of the Civic Center. When asked about their preferred method of communication, 62% said they like information to be delivered to their home, so Mather LifeWays sends out a postcard every month to approx- imately 7,000 advertising their luncheons and their musical programs. 34% said they prefer to read about the programming in the Park District brochure. Mr. Salgado said that, unfortunately, the Park District redesigned their brochure this year, and currently, there's not enough room for Mather LifeWays' programs to be included. 36% said they enjoy receiving information through the Morton Grove Exchange. 26% like to come in to the Civic Center and pick up the monthly calendar of events. 27% said they rely on word -of -mouth to get their information, and 22% said they preferred a personal phone call from staff or an email. g. Survey results showed that 87% strongly agree or agree that Mather LifeWays provides opportunities to meet friends. 70% strongly agree or agree that Mather LifeWays helps to provide answers to questions they have. 50% strongly agree or agree that Mather LifeWays provides technology assistance. 60% strongly agree or agree that Mather LifeWays provides health resources. Mr. Salgado said that recently, Mather LifeWays secured the services of a nurse to do blood pressure screenings, and is working on obtaining a podiatrist to do foot screenings beginning next month. The results show that 84% strongly agree or agree that they experienced an improved level of happiness because of their experience with Mather LifeWays. 79% feel that Mather LifeWays takes their opinions and suggestions seriously. 96% strongly agree or agree that the atmosphere at the Civic Center encourages friendly interactions between staff and customers. 98% strongly agree or agree that staff treats customers with dignity and respect. Mr. Salgado said this shows the importance of the environment and atmosphere that Mather LifeWays creates at the Civic Center. i. There are opportunities for improvement, however. Mr. Salgado said that Mather LifeWays would like to see an increase in the number of visits. He said the organization is also aware that it's missing the 50 to 69 year olds. He felt this demographic could be attracted by continuing evening concerts, scheduling more evening programs, and extending personal invitations, which have a very strong impact. V. Minutes of February 22 2016 Board Meeting SPECIAL REPORTS (continued) J. Mather LifeWays plans to become more visible in the community and have more visible communication as well. They will get the calendar out earlier and more often, and would like to possibly include it in the Morton Grove Exchange. Mather LifeWays is installing new software to enable people to register online for programs and activities. They are planning go get guest bingo callers, and Mr. Salgado invited the Board members and /or Village staff, to take a turn as a guest bingo caller. He also thought it would be attractive to feature a luncheon where guests would be served by a Village Board member or a Village department head. Mather LifeWays also wants to increase its presence on social media. k. Mr. Salgado said that Mather LifeWays knows that increasing the program offerings can in- crease attendance. The organization is looking to strategically increase number of programs. They want to do what works; they want to find the right fit. Mather LifeWays would like to part- ner with other local organizations so they do not have to "reinvent the wheel." They want to be confident that programs offered will be filled. Mr. Salgado noted that they just did a program last week, a concert with a 17 -year old. Some people said they heard about it from a jazz station on the radio —the artist was featured at the Drury Lane and the people remembered his name when they saw that he was doing a concert at the Civic Center. Mr. Salgado said that 47 folks attended. m. Mr. Salgado said he would love to have a conversation about getting the Village board or staff do presentations, for example, biking through Morton Grove, the forest preserves of Morton Grove, or Filipino culture in Morton Grove. He said that Mather LifeWays will do another survey at the end of July 2016, which will drive planning for next year's programs. This time, the survey will likely ask respondents for their zip code, which will help Mather LifeWays know their clientele even better. n. Mr. Salgado thanked the Mayor and Board, and especially Fire Chief Tom Friel, for all they've done to make this collaboration a success. He said Mather LifeWays is looking forward to a bright future in Morton Grove. o. Mayor DiMaria thanked Mr. Salgado for his comprehensive report and encouraged residents again to provide input. He said resident can call him or any member of the Board or staff, come to Village Hall, leave a message, etc. The mayor said the Village wants to know when things are or aren't going well, so that things can be improved. These surveys give us an idea of where we're headed and where we need to go. VI. PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) Natasha Dubov, 8640 Waukegan Road wondered why the Village even had a Zoning Code if they were granting all these variances. She said she was confused and concerned about the shared driveway, and hoped the developer would go over the new plan with the neighboring residents. She wanted to know exactly where the three access lanes would come from. She was also concerned about where the fence would be and how the condo owners would exit the garage. 'Minutes of February 22, 2016 Board Meeting VII. RESIDENTS' COMMENTS (Agenda Items Only) (continued) a. Mayor DiMaria thanked Ms. Dubov and said the Village appreciates hearing her concerns. He said that Ms. Radzevich would go over all of Ms. Dubov's questions with her. 2. Michael Ger, 8721 National, Niles, felt that all of his concerns had not been adequately ad- dressed. He felt the variances being requested were "too much," noting that the height variance is nearly double the Village's code and the density is more than twice the amount the code states. He asked, "How could you approve this ?" He also has concerns about loss of privacy and loss of light because of having that tall of a building. Mr. Ger said he really could not see any benefits this project brings to the people in that area. a. Another issue Mr. Ger spoke about was losing access to the subject property. He said that will make it much harder to get to local businesses like Panera, Arby's and Chase Bank. He felt the height of the building will definitely impact him, as the building will only be ten feet from his backyard. He said, despite Ms. Radzevich' claim that the problems are being worked out, no one has even talked to him. He said the project should not be approved as it is now because it is too tall and too dense. He didn't think the Village should approve a project that violates its own Code. Mr. Ger also pointed out that Commission Gabriel's "no 13 vote was not predicated on the lighting plan, but rather because of the building's height and its proximity to its neighbors. 3 Ted Able, 8770 National, Niles said that he is tired of hearing that the developer is coming out and talking to the neighbors. He said he hasn't heard anything except for receiving the postcard about the Plan Commission Public Hearing. He was very concerned about the proposed fence and wondered why it was needed. The fence will mean that his only access to Waukegan Road would be a three -block walk from his front door, versus going out his back door for a short walk. He felt the only purpose of the fence was to "punish" the neighbors. VIII. Paul Stanton, 9404 Ozanam, asked if the developer could install a pass- through gate in the proposed fence. He thought the Plan Commission would endorse that idea. He encouraged his neighbors to stay informed by following the news in the Morton Grove Champion or by calling Village Hall. PRESIDENT'S REPORT Proclamation Mayor DiMaria proclaimed March 19, 2016 from 8:30 p.m. to 9:30 p.m. as "Lights Out America —Earth Hour" in the Village and recommended that all residents and businesses partic- ipate, on a voluntary basis, by turning off all non - essential lights on this date and during this time. He stated that it has been estimated that turning off non - essential lights for one hour could save as much as fifteen percent of the energy consumed on an average Saturday night. 2. Mayoral Update Mayor DiMaria said the Village's new logo and tagline continues to be distributed via the postcards being sent out to encourage residents to sign up for the Village's emergency notification program and the mailings for renewal of animal licenses and Village stickers. VIII. 2. Mayor Update (continued) '>. Minutes of February 22, 2016 Board Meeting PRESIDENT'S REPORT (continued) a. Mayor DiMaria reminded the assemblage that they can renew animal licenses and Village stickers online, via mail, or by coming to Village Hall. Mayor DiMaria said that, so far, about 200 responses had come in to the Village for signing up for emergency notifications. 2. Mayor DiMaria said the MG Police Department is asking everyone to participate in a customer satisfaction survey about the department. The survey is available online via the Police Depart- ment's web page, and can be taken through the end of March. Mayor DiMaria commented that Morton Grove's Police Department has no "bad apples" and he supports the department 100 %. 3. Mayor DiMaria said he hoped that residents would attend the fundraiser for Morton Grove Days being held at Dengeos in Skokie, at Main and McCormick, tomorrow night (February 23rd). Dengeos will donate 20% of its proceeds from 10:00 a.m. to 10:00 p.m. tomorrow as long as the customer says they are there for Morton Grove Days. 4. Mayor DiMaria reminded everyone that the Morton Grove Foundation's "Taste of Morton Grove" event is coming soon. It will be held at the White Eagle in Niles on March 3rd from 5:30 p.m. to 8:30 p.m. 5. Mayor DiMaria announced that the next Neighborhood Outreach would take place on March 16 at 6:00 p.m. at the Civic Center. He encouraged the assemblage to come out and have an opportunity to discuss concerns with the Village Board and staff members. 6, Mayor DiMaria encouraged everyone to "shop locally" to benefit the Village, including purchasing your gasoline in town. IX. CLERK'S REPORT Clerk Travis gave a brief update on the Community Relations Commission. The Commission's recent meeting saw the highest number of members attending, as well as a new person who wants to join. The Commission is planning two new initiatives. One is a photo contest where residents submit pictures that demonstrate the Village's tag line "Incredibly Close. Amazingly Open." The other is an "adopt -a -pot" campaign, where residents or organizations can choose to adopt a planter pot on Dempster Street, Waukegan Road, or around the Metra Station to help keep it beautiful all year round. X. STAFF REPORTS A. Village Administrator: Village Administrator Czerwinski commented that residents should not hesitate to pick up the phone and call his office, or stop in to see him, if there are things around town bothering them. He said it was a comment from a resident that is prompting the Community Relations Commis- sion's adopt -a -pot initiative. Another comment about parking issues on the 8700 block of Narra- gansett resulted in measures being implemented. Those measures are at about the halfway point of a 90 -day review. Mr. Czerwinnki said the Village wants people to feel safe as they drive, park, take a walk, or have their children playing outside, so he encouraged people, if they felt something wasn't working or should be changed, to contact him. X. STAFF REPORTS (continued) 2. Regarding the Zika mosquitoes, Mr. Czerwinski said he's keeping the Board informed, and if any residents have questions, the best place for them to go would be to the websites of either the Illinois Department of Public Health or the Cook County Health Department. 3. Mr. Czerwinski read an excerpt from a Commonwealth Edison news release, noting that mylar balloons cause over 240,000 power interruptions during 2015. He hoped residents would correctly dispose of mylar balloons instead of just releasing them so they become an issue for the resident or for others. He also noted that people should make it a practice to stay at least ten feet away from power lines. 4. Mr. Czerwinski noted that the East Maine School District would be holding kindergarten registration on March 16 and March 17. 5. Mr. Czerwinski ended his report by thanking Village staff for a good month. B. Corporation Counsel: Corporation Counsel Liston had no report. XI. A. Trustee Grear: TRUSTEES' REPORTS Trustee Grear thanked the Morton Grove Moose Lodge once again for their generous donation to Morton Grove Days. He also noted that there are raffle tickets for the Taste on sale at Village Hall; the tickets are $10 each or three for $25. B. Trustee Minx: Trustee Minx had no report. C. Trustee Pietron: 1. Trustee Pietron presented Resolution 16 -14, Authorizing the Execution of a Contract With Patriot Pavement Maintenance, Inc. For the 2016 Crack Sealing Program. a. He explained that the Village has an annual program, dependent on funding appropriations, to seal cracks on newly resurfaced asphalt streets and on concrete streets. This work can delay the onset of pavement deterioration if done at the appropriate time in the life of the pavement's surface, and reduce the life cycle cost of maintaining a street. This contract was bid through a public process, and three bids were submitted. Patriot Pavement Maintenance, Inc. of Des Plaines, Illinois was determined to be the lowest responsible bidder. b. Trustee Pietron said the estimated contract value is $28,750, but since this is a unit price con- tract, the final contract amount will be based on the actual quantity of work performed. XI. C. Minutes of February 22, 2016 Board Meeting TRUSTEES' REPORTS (continued) Trustee Pietron: (continued) Trustee Pietron moved, seconded by Trustee Witko, to approve Resolution 16 -14. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill aye Tr. Witko aye Next, Trustee Pietron presented Resolution 16 -16, Authorization For the Purchase of One (1) 4x4 2016 Ford F -360 XL Through the Suburban Purchasing Cooperative Procurement Program. He explained that, as a member of the Northwest Municipal Conference (NWMC), the Village takes advantage of the Conference's competitive bidding process known as the Suburban Purchasing Cooperative Procurement Program. This is a joint purchasing program for local government agencies representing 143 municipalities. b. This resolution will authorize the purchase of one 2016 4x4 Ford F -350 XL truck from Landmark Ford of Springfield, Illinois. The truck will replace a 1995 Chevrolet 3500 truck used by the Street Department. The new truck will cost $45,882. Trustee Pietron moved to approve Resolution 16 -15, 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 D. Trustee Ramos: Trustee Ramos had no report. E. Trustee Thill: Trustee Thill had no report. Trustee Witko: Trustee Witko had no report. 10 XII All. XIV Minutes of February 22, 2076 $oard Meeting OTHER BUSINESS NONE WARRANTS Trustee Ramos presented the Warrant Register for February 22, 2016, in the amount of $1,002,062.79. He moved that the Warrants be approved as presented. Trustee Minx seconded the motion. neighbors call him. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill aye Tr. Witko aye Nancy Lanning said she has two neighbors who have some issues because their fences are down. Mr. Czerwinski asked Mrs. Lanning to have her neighbors call him. ADJOURNMENT Trustee Thill moved to adjourn the meeting, seconded by Trustee Pietron. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Pietron aye Tr. Ramos aye Tr. Thill aye Tr. Witko aye The meeting adjourned at 8:22 p.m. 11 `:Minutes of February 22, 2016 Board Meeting PASSED this 14th day of 1 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 14th day of March, 2016. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of March, 2016. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar 12 Mroi U 11 a i. IT 1, MORTON I GROVE Incredibly Close '( Amazingly Open TO: Ralph Czerwinski, Village Administrator FROM: Nancy Radzevich, AICP, Director of Community and Economic Development DATE: March 11, 2016 RE: Request by Heartland Real Estate Partners -MG, LLC., per Section 12 -16 -4 of the Village Code, for a continuance of Plan Commission Case #PC15 -09 C' #PC15 -09') to March 28, 2016 for the first read and April 11, 2016 for the second read of the PUD ordinance Purpose To present a request by Heartland Real Estate Partners -MG, LLC.( "The Applicant'), per Section 12- 16-4 of the Village Code, for a continuance of Plan Commission Case #PC15 -09 (7#PC15 -09') to March 28, 2016 for the first read and April 11, 2016 for the second read of and action on the PUD ordinance. The Applicant has submitted this request to allow additional time to review proposed changes to the shared access and parking easement with the abutting Morton Grove Estates Home Owners Association ( °HOA'�. Background On January 18, 2016, the Plan Commission held a public hearing on #PC15 -09, request for approval of a mixed use PUD and related waivers for a 7 -story residential structure and an approximately 14,000 square foot single -story commercial structure on a 2.8 acre parcel of land, at 8700 Waukegan Road. After reviewing the application, supporting documents and public testimony, the Plan Commission voted to recommend approval of #PC15 -09, with conditions. Section 12-16-4:A.5. requires the Plan Commission to render its decision to the Village Board within 45 days of the conclusion of the public hearing, in accordance with this provision, the Plan Commission's recommendation was presented to the Village Board on February 22, 2016. Similarly, Section 12-16 - 4:A.6 requires the Village Board to take action within 45 days following the receipt of the Plan Commission's recommendation, unless the applicant and Village Board mutually agree to continue the application. Under this provision, the Board would be required to make a decision on #PC15 -09 by April 7, 2016, unless the case is continued. The Applicant has submitted a request to continue #PC15 -09 to March 28, 2016 for the first read and April 11, 2016 for the second read of and action on the ordinance, resulting in a four day extension of time. The applicant is requesting the continuance to allow additional time to review proposed changes to the shared access and parking agreement with the Morton Grove Estates HOA. Recommendation Staff recommends the Village Board authorize the continuation of #PC15 -09 as requested and suggests the following motion: The Village Board authorizes the request by Heartland Real Estate Partners -MG, LLC., in accordance with Section 12 -16 -4 of the Village Code, for a continuance of Plan Commission Case #PC15 - -09 C' #PC15 -0919 to March 28, 2016 for the first read and April 11, 2016 for the second read of and action on the PUD ordinance and thereby mutually extends the 45 day timeline by which the Board is required to take action, in accordance with the updated schedule. 6101 Capulina Avenue � Morton Grove, IL 60053.2985 Tel: 847 965 -4100 wvtiv.mortongrove it. org Fax: 847 965 -4162 HEARTLAND REAL ESTATE PARTNERS -MG, LLC 1200 North Ashland Avenue, Suite 600 Chicago, Illinois 60622 March 8, 2016 VIA ELECTRONIC MAIL Village Board of Morton Grove c/o Nancy M. Radzevich Community and Economic Development Director To Whom It May Concern: Reference is hereby made to that certain Plan Commission Case, PC15 -09, Request for approval of a Mixed Use Planned Unit Development ( "PUD ") and related waivers for a 7 -story residential structure and an approximately 14,000 square foot single -story commercial /retail structure, on a 2.8 acre parcel of land, at 8700 Waukegan Road, Morton Grove, Illinois (collectively, "Case #PC15 -09 "). This correspondence is being sent by Heartland Real Estate Partners -MG, LLC ("Applicant") to the Village Board of Morton Grove in accordance with Section 12 -16-4 of the Unified Development Code. Applicant is seeking the continuation of Case #PC15 -09 to allow for additional discussion with the Morton Grove Estates Home Owners Association on the proposed changes to the shared access agreement. Therefore, Applicant hereby requests the Village Board of Morton Grove to continue Case #PC15 -09 to March 28, 2016 for the first read of the ordinance and April 11, 2016 for the second read /adoption of the ordinance. If you have any questions regarding this matter, please do not hesitate to contact Timothy Grogan at (847) 951 -4200. Sincerely, HEARTLAND REAL ESTATE PARTNERS -MG, LLC By:_U/ Name: Peter T. Wall Its: Authorized Signatory Legislative Summary Ordinance 16 -04 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD, 07 -07) TO MODIFY THE DEFINITIONS FOR RESTAURANT USES (SEC. 12 -17 -1) Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: March 14, 2016 This ordinance will modify definitions for "Restaurant ", "Restaurant, Carry- Out ", and "Restaurant, Drive -In" and eliminate the "Restaurant, Sit - Down" definition. The proposed amendment will update and clarify the general definition of a general restaurant, a carry-out restaurant and a drive -in or drive - through restaurant. The Village of Morton Grove Municipal Code (Title 12, Chapter 17) defines Restaurant as, "An establishment where food is prepared, served and consumed," and is written in such a way that the it could mean a variety of establishments where food is served, including but not limited to banquet facilities, bars which serve food, event halls, specialty grocers as well as restaurant.. In order to clarify this type of use, staff reviewed the definitions of "Restaurant" from various communities around Chicago as well as from other parts of the country, and developed new definitions that cover the key aspects of a "Restaurant" use. The proposed amended definition for a general "Restaurant" better defines the nature of this type of business use and clarifies "Restaurants" from "Bars" that serve food and other establishments where food may be prepared, served and consumed. The proposed amended definition for "Carryout Restaurant" definition is modified to include a specific limit on the number of seats to further clarify that their primary business is the sale of food for consumption off premises. And, the proposed amended "Drive -In Restaurant, Drive -In" definition will be expanded to also include "Drive - Through Restaurants" uses. Finally, in the interest of clarity, staff proposes to eliminate the "Restaurant, Sit Down" definition as the distinction between sit down restaurants and carry out restaurants has been covered through the proposed amended definitions for general "Restaurant" and "Carryout Restaurant" uses. PC #16 -01 was presented to the Plan Commission for public hearing on February 15, 2016. There was no public comment. After reviewing the proposed amendment, the Plan Commission voted to recommend approval of the text amendment to the Village Board. (4 -0 -3; Blonz, Dorgan, and Shimanski absent). 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 March 14, 2016, required — Municipal Code Book change Special Consider or Requirements: pNone Submitted by: F�lph Czerwirgs4 Village Administrator Prepared by: Reviewed by Teresa H tston, Corporation Counsel Economic Development Director ORDINANCE 16 -04 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD, 07 -07) TO MODIFY THE DEFINITIONS FOR RESTAURANT USES (SEC. 12 -17 -1) WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in case number PC 16 -01 to consider and recommend the adoption a of text amendment to the Village of Morton Grove Unified Development Code, Section 12 -17 -1, to modify the definitions for restaurant 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 January 28, 2016, a public hearing was conducted on February 15, 2016 relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated February 16, 2016, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A'; and WHEREAS, the Village of Morton Grove Municipal Code currently defines a "Restaurant' as "An establishment where food is prepared, served and consumed "; and WHEREAS, the existing Restaurant definition is written in such a way that the it could mean a variety of establishments where food is served, including but not limited to banquet facilities, event halls, a "soup kitchen," specialty grocers, as well as restaurants; and WHERAS, staff reviewed the municipal codes of many other communities within the Chicago area as well as around the country and developed a new general definition for a Restaurant, which highlights the key aspects of a restaurant business, which is the preparation and sale of food and drink for ready consumption, primarily within the principal building; and WHEREAS, this new general definition for a "Restaurant' use allows for a clear distinction between restaurants and other food service establishments and bar and taverns with a food service component; and WHEREAS, the "Carryout Restaurant' definition is also being modified to include a specific limit on the number of allowed seats to further clarify that their primary business is the preparation and sale of food or drink for consumption off premises; and WHEREAS, the "Drive -In Restaurant' definition is modified to also include "Drive- Through Restaurant' uses, which allows for two types of auto - related restaurant uses to included in a single definition; and WHEREAS, the "Sit Down Restaurant' definition will be eliminated as the distinctions between a traditional sit -down "Restaurant' and a "Carryout Restaurant' has already been accomplished through the new proposed definitions included herewith; and WHERAS, the Corporate Authorities have concluded that the proposed amendment will preserve the intent of the Unified Development Code, will allow for and encourage orderly development, and will provide clarity in the definitions of Restaurant uses; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good; and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, 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: Title 12 entitled Unified Development Code, Chapter 17, entitled Definitions, of the Municipal Code is hereby amended with the following: 12 -17 -1: DEFINITIONS: RESTAURANT: An esmot . An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food, however, kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a "Bar." RESTAURANT, CARRYOUT: A restaufaftt whefe .'.:_ m jer4, of the `.._a o- a -? is r- -r_-ed an °,...,.,7 F .. ,.,.......«....tiers off the «..emises An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, of which the maiority is served for consumption off premises, and that has no more than eight seats available to patrons for on- premise consumption RESTAURANT, DRIVE -IN or DRIVE - THROUGH: Aunt where feed or- be3.,.rages may b° eenstmVtion of geeds and beverages A restaurant or carryout restaurant which is also designed or intended to enable a customer, without exiting a motor vehicle, to purchase food and drink for ready consumption either on -site, within their vehicle, or offsite sefwd while seated and pay aftef eating-. PASSED this 281h day of March 2016. Trustee Great Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 28"' day of March 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 29`h day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois l Village of Morton Grove MORTON��GROVE Incredibly Close u Amazingly Open Department of Community Development To: Village President and Board of Trustees From: Ron Farkas, Plan Commission Chairperson Nancy Radzevich, AICP, Community & Economic Development Director 0� Dominick Argumedo, AICP, Zoning Administrator /Land -Use Planner Date: February 17, 2016 Re: Plan Commission Case PC 16 -01 - Application for a Text Amendment to Chapter 17 of Title 12 of the Village of Morton Grove Municipal Code (Ord. #07 -07) to modify the definitions for Restaurantuses COMMISSION REPORT Public Hearing Notice The Village provided Public Notice for the February 15, 2016 Plan Commission public hearing for PC 16 -01 in accordance with the Unified Development Code, The Pioneer Press published the public notice on January 28, 2016. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Amendment Background The Village of Morton Grove Municipal Code (Title 12, Chapter 17) defines Restaurant as, "An establishment where food is prepared, served and consumed ". This definition is written in such an inclusive manner that it could define a variety of other types of establishments as a Restaurant. This proposed amendment will not only clarify the general definition of a restaurant (vs. a bar that serves food), but will also clarify restaurant types, which may require a different level of review and /or different parking requirements. Proposed Amendment Staff proposes the following Amendment to Section 12 -17 -1 of the Unified Development Code as follows: 12 -17 -1: TERMS DEFINED RESTAURANT: A,, n— eensttFfled. An establishment establishfflen t where whose feed is prepaFed, seFyed principal business is the and sale of food and drink that are prepared and served for ready consumption to the general ubn Iic primarily within the principal building A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food however, kitchen facilities must remain A restaurant where open during accessory bar hours of operation more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a "Bar." RESTAURANT, CARRYOUT: public, of which the majority is served for consumption off premises, and that has no more than eight seats available to patrons for on- premises consumption AID A •• Eal W heir vehicle, or offs!te February 15, 2016 Public Hearing Dominick Argumedo, Zoning Administrator /Land -Use Planner summarized the case. He advised the Plan Commission that staff reviewed the definitions of 'Restaurant" from the surrounding communities of Evanston, Park Ridge, Niles, Des Plaines, Skokie, Glenview and Lincolnwood as well as some other communities around Chicago and other areas of the country. Many municipalities' definitions, however, were similar to the Village's existing definition or were excessively cumbersome. Most notably absent from these definitions is the failure to note that the principal business of a restaurant is the sale of food. Mr. Argumedo also stated that some communities included up to 5 or 6 variations of restaurants that again seemed needless cumbersome and /or used rigid definitions for restaurants, which included requirements for non - disposable plates or included conditions on when a customer paid for their meal and how the food was delivered (self - service versus wait - staff). As the restaurant industry is ever changing, those characteristics and other operational factors are not as vital to categorizing a restaurant. In order to cover the key aspects of a 'restaurant," without overly complicating the definition, staff reviewed numerous definitions to extract the best concepts for the proposed definitions included in this amendment. Mr. Argumedo explained the proposed general definition for a Restaurant aims to clarify the use and distinguish restaurants from bars or taverns that also serve food. First, it defines that a restaurant's principal business is the sale of food for ready consumption not merely the preparation and service of food. This definition also brings the restaurant definition into line with the Village's definition of a "Bar" which in part states that a Bar's "primary function is the sale of alcoholic beverages to be consumed on the premises...." Mr. Argumedo stated the proposed Restaurant, Carry-Out definition would be modified to include a specific limit on the number of seats to further clarify that their primary business is the sale of food for consumption off premises. Staff noted in researching definitions, many other municipalities set a limit on the number of seats for carryout restaurants at either 5 or 8. 2 When considering the practical application of this definition, staff looked at two primary aspects. The first was to ensure that these types of carryout places can be located in smaller tenant spaces, by right, as their parking demands are typically not as intense as a traditional sit -down restaurant. Secondly, staff wanted to ensure the zoning definition was consistent with other building and plumbing code requirements for these types of uses. The Illinois Plumbing Code requires eating establishments with a combined number of employees and seats greater than 10 to provide separate bathroom facilities for patrons – this not only adds to the build -out costs, but is also adds to the required amount of ancillary space needed for facilities. In staffs experience, true carry-out type restaurants typically have a small number of employees (typically a maximum of 1 -2 employees, onsite, at any given time). In limiting the number of seats to no more than eight (8), these types of restaurants can locate in smaller tenant spaces with lower build -out costs and provides a greater degree of consistency between the other codes. Mr. Argumedo explained the proposed Restaurant, Drive -In definition would be modified to also include Drive - Through uses. A specific Restaurant, Drive Through use is not currently in the zoning definitions, even though it is referenced in the generic Drive - Through Facility definition. This modified definition combines the two auto - related restaurant uses into a single definition. Currently Drive - Through Facilities require a special use – this proposed change in definition would not change that requirement. Finally, in the interest of clarity, staff proposes to eliminate the Restaurant, Sit Down definition. The main distinction between restaurant types is between those that cater to customers who consume food on premises and those that cater to customers who consume food off premises. That distinction has been made through the updated definition of Restaurant, Carry Out. Public Hearing —Pubic 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 for confirmation that this would not impact existing businesses but be applied for new businesses applying for permits. Mr. Argumedo stated this is correct. Chairperson Farkas also inquired how the regulation that a restaurant that generates more than 50% of food and drink sales from alcoholic beverages would be applied, particularly if the business were to change focus over time. Mr, Argumedo noted that is part of the intent of the legislation - it is to protect the Village. If a business were to present itself, and be approved, as a restaurant with the principal business being the sale of food, and through the examination of tax receipts be found that it meets the definition of a bar, with sales of alcoholic beverages being more than 50% of its receipts, the establishment would be reclassified as a Bar and need to be reapproved based on the zoning and parking requirements for a Bar. Chairperson Farkas also inquired about the addition of Drive Through to the Restaurant, Drive - In definition. Mr. Argumedo noted that a Drive - Through Facility does exist and would continue to exist for such uses such as the Drive - Through CVS at the corner of Dempster Street and Austin Avenue. By adding the Drive - Through definition to the previous auto - centric Restaurant, Drive -In definition, the Village's zoning code is improved through clarity and consolidating definitions. 3 Commissioner Gabriel complimented staff on the being proactive in changing the definition, he noted the new definitions are clear and easy to understand and he looks forward to more modifications to the zoning code. Commissioner Gabriel made a motion to recommend approval of PC 16 -01 for a Text Amendment to the Section 12 -17 -1 of the Unified Development Code (Ordinance #07 -07) to modify the existing definitions for Restaurant; Restaurant, Carryout; and Restaurant Drive -In and to eliminate the term and definition for Restaurant, Sit -Down as presented. Commissioner Khan seconded the motion. Chairperson Farkas called for the vote. The motion passed unanimously (4 -0 -3; Blonz, Dorgan, and Shimanski absent). PC 16 -01 Proposed Text Amendments 12 -17 -1: DEFINITIONS: 0 116 sales shall be classified as a "Bar." business consumption • •• . • ON; Legg iw�wwv -WAM .•. . G' Ordinance 16 -01 AMENDING TITLE 10, CHAPTER 3 ENTITLED "PLUMBING REGULATIONS" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO ADOPT THE MOST CURRENT VERSION OF THE ILLINOIS PLUMBING CODE AND TO REQUIRE NEW AND REPLACEMENT PLUMBING FIXTURES MEET USEPA SPECIFICATIONS Introduced: March 14, 2016 Synopsis: This ordinance updates the Village of Morton Grove plumbing code. Purpose: To meet the requirements of the Illinois Department of Natural Resources ( "IDNR ") and the Illinois Department of Public Health ( "IDPH "). Background: The Village's water is drawn from Lake Michigan and is regulated by the IDNR. Recently the IDNR amended water allocation rules and regulations to require communities that use Lake Michigan water adopt the most current edition the Illinois Plumbing Code as approved by the IDPH and to require the use of WaterSense labeled plumbing fixtures for all new and replaced plumbing fixtures and irrigation controllers. WaterSense labeled products are high - performing products which are twenty percent (20 %) more water efficient than average products and provide measurable water savings. Since 2006, WaterSense products have helped consumers save a cumulative 1.1 trillion gallons of water and more than $21.7 billion in water and energy bills. This ordinance will amend Title 10 Chapter 3 to comply with IDPH and IDNR regulations by adopting the most current version of the Illinois Plumbing code with certain approved amendments and to require the use of WaterSense labeled products for all new and replaced plumbing fixtures and irrigation controllers. Affected Building & Inspectional Services, Public Works Departments Fiscal Impact: N/A Workload Impact: Associated Departments will provide their usual support for this activity Administrator Approval as Presented Recommendation: First Reading: Required — Code Book Change Special None Requirements: ORDINANCE 16 -01 AMENDING TITLE 10 CHAPTER 3 ENTITLED PLUMBING REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO ADOPT THE MOST CURRENT VERSION OF THE ILLINOIS PLUMBING CODE AND TO REQUIRE NEW AND REPLACEMENT PLUMBING FIXTURES MEET USEPA SPECIFICATIONS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations pertaining to its government and affairs to protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village's potable water source is drawn from Lake Michigan; and WHEREAS, the water allocated to Morton Grove is governed by the Illinois Department of Natural Resources (IDNR); and WHEREAS, as part of a comprehensive review of Title 10 Chapter 3 and based upon the recommendations of the Illinois Department of Public Health and the Illinois Department of Natural Resources, the Village Administrator recommends the adoption of the most current edition the Illinois Plumbing Code to keep the Village up to date with the latest requirements for plumbing material, construction methods and safety; and WHEREAS WaterSense is a U.S. Environmental Protection Agency (USEPA) program designed to encourage water efficiency in the United States through the use of a special label on consumer products. WaterSense labeled products are high - performing products, which are twenty percent (20 %) more water efficient than average products and provide measurable water savings. Since the program's inception in 2006, WaterSense has helped consumers save a cumulative 1.1 trillion gallons of water and more than $21.7 billion in water and energy bills. WHEREAS, recently the IDNR amended the Lake Michigan Water Allocation Rule and Regulations requiring those communities that have an allocation for water, adopt an ordinance requiring the use of WaterSense labeled plumbing fixtures for all new and replaced plumbing fixtures and irrigation controllers; and WHEREAS, in order to be in compliance with IDPH and IDNR regulations, it is necessary to adopt this Ordinance; and WHEREAS, this ordinance has been submitted to the IDNR and the IDPH and the Village has received subsequent approval. 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 10 Chapter 3 of the Municipal Code of the Village of Morton Grove shall be amended to delete the entire chapter and replace it as follows: 10 -3 -1: Adoption of the Illinois Plumbing Code: The provisions of the Illinois Administrative Code Title 77, Part 890 (77 IL. Admin Code 890.00 et seq.) (Illinois Plumbing Code) as amended from time to time are hereby adopted by this reference, subject only to the additions, deletions, and modifications specifically set forth in this chapter. 10 -3 -2: Amendments to the Illinois Plumbing Code: The Illinois State Plumbing Code, current edition, is hereby amended as it applies within the Village of Morton Grove as follows: A. Section 890.320 Types of Joints is hereby deleted and replaced by the following text: Plastic pipe, joints and fittings made from polyethylene (PE), polyvinyl chloride (PVC) or polyettylene (PB) made by either solvent-welded or fusion- welded connections, compression, or insert fittings, metal clamps and screws, or threaded joints shall be prohibited for water service or the domestic water distribution system of any building except for the distribution and conveyance of distilled or deionized water. B. Section 890.610 General Requirements - Material and Design is hereby deleted and replaced by the following text: WaterSense Products. Pursuant to 17111. Admin Code 3730.307 (c)(4) and subject to the Illinois Plumbing Code (77111. Adm. Code 890) and the Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code (77711. Adm. Code 892), all new and replacement plumbing fixtures and irrigation controllers in the Village of Morton Grove installed after the effective date of this ordinance shall bear the WaterSense label (as designated by the U.S. Environmental Protection Agency WaterSense Program), when such labeled fixtures are available. C. Section 890, Appendix A, Table A, Approved Materials for Building Drainage/Vent Pipe is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe DWV Copper /Copper Alloy Tubing Polyvinyl Chloride (PVC) Pipe with Cellular Core D. Section 890, Appendix A, Table A, Approved Materials for Building Sewer Pipe is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe Asbestos Cement Pipe Copper /Copper Alloy Tubing Concrete Pipe Polyvinyl Chloride (PVC) Pipe with Cellular Core Solder Vitrified Clay Pipe E. Section 890, Appendix A, Table A, Approved Materials for Building Sewer Pipe is amended by adding the following after the list of approved materials and Agency Notes: Village of Morton Grove Requirement for Foundation Wall Penetrations. Ductile iron pipe ASTM A377 shall be installed for all new sanitary and storm sewer services that penetrate the foundation wall through a sleeve to a point that the piping is being supported on approved bearing ground. F. Section 890, Appendix A, Table A, Approved Materials for Water Service Pipe, is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe Brass Pipe Chlorinated Polyvinyl Chloride (CPVC) Pipe Galvanized Steel Pipe Poly Butylene (PB) Pipe /Tubing Polyethylene (PE) Pipe Polyethylene (PE) Tubing Polypropylene Pipe Polyvinyl Chloride (PVC) Pipe Stainless Steel Pipe Welded Copper Water Tube G Section 890, Appendix A, Table A, Approved Materials for Water Service Pipes is amended by revising Agency Note 3 to read as follows: The use of Type K Copper underground is authorized; the use of Type L Copper underground is prohibited. H. Section 890, Appendix 890, Approved Materials for Water Distribution Pipe is amended by deleting the following as approved materials: Chlorinated Polyvinyl Chloride (CPVC) Pipe /Tubing Cross Linked Polyethylene Distribution Systems Poly Butylene (PB) Pipe /Tubing Polyvinyl Chloride (PVC) Pipe 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 28h day of March 2016. Trustee Trustee Trustee Trustee Trustee Trustee Grear Minx Pietron Ramos Thill Witko APPROVED by me this 28`h day of March 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 291h day of March 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16 -16 AUTHORIZING THE EXECUTION OF A CONTRACT WITH BRANCATO LANDSCAPING, INC. FOR THE 2016 TREE PLANTING PROGRAM — PROGRAM B Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or March 14, 2016 To authorize the Village President to execute a contract with Brancato Landscaping, Inc. for the 2016 Tree Planting Program — Program B. To purchase and install trees within the Village. The Village has an annual program, dependent on funding appropriations, to plant trees within the Village's rights -of -ways and property. The Public Works Department considers it to be cost- effective to hire a contractor to furnish and plant the trees. The 2016 Budget includes an allocation of $85,000 for tree replacement. Resolution 16 -12 authorized execution of a contract with Acres Group for 2016 Tree Planting Program in the amount of $36,465. Resolution 16 -11 authorized an agreement with U.S. Forestry Service for a Federal Financial Assistance Grant to plant trees, which requires a total amount to be spent planting trees by December 31, 2016, to be $63,000. The combined effects of the grant obligation and the budgetary constraint limits the Village's expenditure on tree replacement to between $63,000 and $85,000. There remains a significant shortfall of planned expenses which allows for a second, sizeable tree replacement contract. This contract was bid through a public process in accordance with Village Code. The contract was advertised and sealed bids were received. The bid tabulation is attached as Exhibit "A ". The low bid was submitted with errors related to the proper signature and identification of corporate officers as required in the bid documents. The Village has the right to waive technical deficiencies. Public Works. The estimated contract value is $33,550.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Account #025017 - 552240 -Tree Replacement The Public Works Department as part of their normal work activities performs the management and implementation of the program. Approval as presented. N/A Waiving the technical deficiencies requires a 2/3 vote of the corporate authorities. Requirements, Respectfully submitted: ' ` Reviewed by: Ralph E. Czerwinski, Village Administrator / Prepared by: Lo � C Chris Tomich, Village Engineer Reviewed by: Teresa Director Public Works Corporation Counsel RESOLUTION 16 -16 AUTHORIZATION TO EXECUTE A CONTRACT WITH ACRES GROUP FOR THE 2016 TREE PLANTING PROGRAM — PROGRAM B 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 2016 Tree Planting Program is an annual program designed to purchase and install trees in the Village; and WHEREAS, the Adopted 2016 Budget includes an allocation of $85,000 for tree replacement; and WHEREAS, Resolution 16 -12 authorized execution of a contract with Acres Group for the 2016 Tree Planting Program in the amount of $36,465; and WHEREAS, Resolution 16 -11 authorized the execution of an agreement with U.S. Forestry Service for a Federal Financial Assistance Grant to plant trees, which requires a total amount to be spent for planting trees by December 31, 2016, to be $63,000; and WHEREAS, the combined effects of the grant obligation along with the budgetary constraint limits, the Village's expenditure on tree replacement is to be between $63,000 and $85,000; and WHEREAS, there remains a significant shortfall of planned expenses which allows for a second, sizeable tree replacement contract; and WHEREAS, the Public Works Department advertised on the Village's website from February 9, 2016, through February 24, 2016, and by fax distribution to a list of tree nursery contractors inviting bids on the "2016 Tree Planting Program — Program B"; and WHEREAS, 11 businesses obtained the bidding materials; and WHEREAS, three (3) bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Wednesday, February 24, 2016, with the tabulation of bids included in Exhibit "A"; and WHEREAS, Public Works staff has verified the availability and qualifications of the low bidder, Brancato Landscaping, Inc. and finds them to be satisfactory; and WHEREAS, Brancato Landscaping, Inc. submitted a bid with errors related to the proper signature and identification of corporate officers as required in the bid documents; and WHEREAS, the Village has the right to waive technical deficiencies with the bids; and WHEREAS, funding for the above work is included in the Village of Morton Grove 2016 Budget as account number 025017 - 552240, Tree Replacement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. The Corporate Authorities do hereby waive any and all technical deficiencies related to the bid documents and accepts the bid of Brancato Landscaping, Inc. Section 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with Brancato Landscaping, Inc., Illinois, based upon their bid for the "2016 Tree Planting Program" in the amount of $33,550.00. Section 4. The Village Administrator and the Director of Public Works and /or their designees are authorized to take all steps necessary to implement, supervise, and manage this contract. Section 5. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 14`x' DAY OF MARCH 2016 Trustee Trustee Trustee Trustee Trustee Trustee Grear Minix Pietron Ramos Thill Witko APPROVED BY ME THIS 14' DAY OF MARCH 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15`h DAY OF MARCH 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Q S f m x W �E 0 e � E e° c °O Y z f S `o u m� sR a u v 3 $ 5 � m« °o 'e sa sm "sue a° Y n a° 0 na W u-Oa_ o S $ r $ $ a o f 3 5 5 2 S S S o g O a o � j m l9 H F c S � a m u a E i _ F o S S S S S$ 0 z z > > 0 � a ¢ O a a 0 0 i no °o � w m w w a o � 0 o � G - E u E v 3 E = g E 3 _ a - m9 'a m a a u v 3 $ 5 � m« °o 'e sa sm "sue a° Y n a° LeEislative Summary Resolution 16 -17 AUTHORIZING THE EXECUTION OF A TASK ORDER WITH CIORBA GROUP, INC. FOR DESIGN ENGINEERING SERVICES FOR THE MEADE -MOODY SANITARY SEWER PROJECT Introduced: March 14, 2016 Synopsis: To authorize the Director of Public Works to execute Task Order No. 4 with the Village's Engineering Consultant, Ciorba Group, Inc. for the design of a new sanitary sewer main for the Meade -Moody Sanitary Sewer Project. Purpose: To design construction plans to replace a badly debilitated sanitary sewer main located on private property in the 8800 and 8900 blocks of Meade Avenue. Background: Back in October of 2013, The Sewer Division responded to a sewer back up at 9000 Meade Avenue. The issue was traced to a private sewer main running through the backyards of 8800 and 8900 Meade Avenue. During the following months, the Sewer Division found extreme debilitated pipe conditions throughout the 1,200 foot length, affecting 25 homes that connect to the private sewer main. The approved option is to install a new sanitary main in the alley right -of -way, reconnect the 25 homes and abandon the private sewer main. Programs, Departments Public Works, Engineering Division, Sewer Division, Village Residents or Groups Affected Fiscal Impact: $43,387.00 Source of Funds: Funding for the Engineering Design for the Meade -Moody Sanitary Sewer Project is in Account No.: 405034 - 552140 in the amount of $320,000.00 Workload Impact: Ciorba Group, Inc. will design construction plans. The Public Works and the Engineering Division will be reviewing design plans. Administrator Approval as presented. Recommendation: Special Considerations or None Requirements: Respectfully submitted: ` C Ralph E. Czerwinski, Village Administrator Revic Prepared by: _ Reviewed l Josenh 7. ahm. A ktant Dirertnr of Pnhlir Workc RESOLUTION 16 -17 AUTHORIZING THE EXECUTION OF A TASK ORDER WITH CIORBA GROUP, INC. FOR THE DESIGN ENGINEERING SERVICES FOR THE MEADE -MOODY SANITARY SEWER PROJECT 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, a private sanitary sewer exists in the rear yards of the 8800 and 8900 blocks of Meade Avenue; and WHEREAS, 25 residential sanitary laterals are connected to the private sanitary sewer; and WHEREAS, Public Works has determined through extensive video inspection and house -to -house surveys that the existing private sanitary sewer is in very poor condition and is in need of immediate replacement; and WHEREAS, it is in the Village's best interest to design and construct a new public sanitary sewer main in the Village alley right -of -way in order to protect the public health of the existing 25 homes on Meade Avenue and Moody Avenue; and WHEREAS, Public Works has negotiated Task Order No. 4 (attachment Exhibit "A ") for a scope of services from the Village's engineering consultant, Ciorba Group, Inc. to design and produce construction plans for installing a new sanitary sewer main within the alley right -of -way in the not -to- exceed amount of $43,387.00; and WHEREAS, funding for the above work is included in the amount of $320,000 in the Adopted Village of Morton Grove 2016 Budget in Account Number 405034 - 552140. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities hereby authorize the Director of Public Works to execute a task order for Ciorba Group, Inc. to complete design engineering for the Meade -Moody Sewer Project in the not -to- exceed amount of $43,387.00 SECTION 3. This Resolution shall be in full force and effect upon its passage and approval. PASSED this 14 " DAY OF MARCH 2016 Trustee Trustee Trustee Trustee Trustee Trustee Grear Minx Pietron Ramos Thill Witko APPROVED BY ME THIS 14'h DAY OF MARCH 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15"' DAY OF MARCH 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT f°A" Attachment C TASK ORDER 94 In accordance with Article 12 of the Consulting Services Contract dated 11/01/2015 ( "Contract ") between the Village of Morton Grove ( "VILLAGE ") and Ciorba Group, Inc. ( "CONSULTANT "), is authorized by the Village to perform the following task order as follows: 1 Contracted Services: Meade — Moody Sanitary Sewer Design (see attached detailed description) 2 Time of Performance (attach schedule if appropriate): March 15, 2016 through July 8, 2016 (See attached work breakdown structure) 3 CONSULTANT's Compensation: Not to exceed $43.387.00 All other terms and conditions remain unchanged. VILLAGE Signature Andy De Monte Director of Public Works I)= CONSULTANT Signature Gerald W. Heimsoth President Date MEADE -MOODY SANITARY SEWER DESIGN SCOPE OF WORK AND FEE VILLAGE OF MORTON GROVE 2/11/2016 The Village of Morton Grove is interested in improving the sanitary sewer facilities for 25 homes in the neighborhood bounded by Lake Street to the north, Meade Avenue to the east, Dempster Street to the south, and Moody Avenue to the west. The existing sanitary sewer for these properties is located on private property and is experiencing failure. Ciorba Group will provide engineering design services to produce construction plans for installing a new sanitary sewer line within the alley right of way and reconnecting the homes to this new line. The existing sanitary sewer is expected to be abandoned in place. The following tasks will be performed as part of this work order: Coordination • Two meetings with Village staff during design. • Two meetings with Village leadership to present project details. • Two meetings with residents to provide technical assistance to the Village. Field Work • Perform topographic survey in alley and at intersections of Moody /Lake and Meade /Greenwood. • Village of Morton Grove will conduct interior inspections of residential properties to document existing service details. Interior inspections are not included in Ciorba's scope. Design • Determine appropriate size of proposed sanitary sewer through coordination with Village staff and estimate of load. Verify feasibility of gravity drained sewer throughout project area and identify preferred alignment. • Summarize initial investigations in a technical memorandum. • Produce engineering design plans, specifications, and estimates of construction cost. • Submit permit applications and obtain permits from IEPA and MWRD. Coordinate with ComEd regarding utility poles in project area. Bid Services • Prepare one detailed Addendum in response to bidder inquiries. RKCIORBA GROUP Consulting Engineers • Review bids for responsiveness, cost, and quality, and provide a recommendation for award for Village consideration. Ciorba's engineering fee for this work order will be $43,387 calculated based on contract hourly rates as shown in the following tables. c CIORBA GROUP ! Consulting 9 En ineers Cost ltantateof Consukant Services Firm Ciorba Group, Inc Date Client Village of Morton Grove County Cook Job No. 20458.04 ITEM MANHOURS A PAYROLL B DIRECT COSTS D SERVICES BY OTHERS E TOTAL C+D+E %OF GRAND TOTAL v Inge, oancmiacev,acoaamauon 30 $ 3,996.00 $ 69.00 $ 4,065.00 9.37% ngorahics y 88 $ 7,328.00 $ 283.00 $ 7,611.00 17.54% W& Rmartma 174 $ 19,588.00 $ 1,832.50 $ 21,420.50 49.37% Engncemp Swaies 57 $ 7,018.00 $ 488.75 $ 7,50635 17.30% acioa 8 $ 1,392.00 $ 1,392.00 3.21% Project ManagaT,mla P4minisvatim 8 $ 1,392.00 $ 1,392.00 3.21% TOTALS 3651$ 40,714.00 $ 2,67125 $ 43,387.25 100.00% PRINTED 2/11 /2016, 4:04 PM WORK BREAKDOWN STRUCTURE Village of Morton Grove Meade -Moody Sanitary Sewer MVlarke eM CI' erA. VLlMUidp6tlesVMNn _GrowWmpooa`POTM59 o Meats Moo]y SQNlary 60"1 000 kits = CG I CECS � Mn49'Mooa SlM Sevvi.Mm vn¢osk s a Pop 2 ma CIORBA GROUP Consulting Engneeis Y 9 K_ L _p i W — Y .R w u S ° 0 i a:' 2 2 Total Total EA to m 366 41 146 106 36 36 1. Meetings, Data Collection & Coordination Task Total: 30 8 16 1 6 010 Meetings suM°tal: 22 6 12 4 Meetings with Village Staff (2 mtg x 2 hrs /mtg) 6 2 4 Meetings with Village Board (2 mtg x 2 hrs /mtg) 6 2 4 Public Meetings (2 mtgs x 2 hrs/mtg) 6 2 4 Prepare Agenda/Exhibits for Meetings (2 mtgs x 1 hrs/mtg) 4 4 on Coordination sumotal: 6 2 4 2 Coordination with Village 4 2 2 Coordination with Utilities < 1 1 2 z 2. Topographic Survey Task Total: Be 8 8 m 36 020 Field Survey sumotal: 68 4 32 32 Site Visits by Staff 4 4 Horizontal Topography 46 24 24 Supplemental Survey 16 6 a 021 Process Survey Information sumotal: 20 4 e 4 4 Down Loading Total Station 2 2 Drafting Existing Conditions 6 2 4 Base Sheet Development (1 " =20) 12 4 6 1 Water Resources Task Total: 174 10 88 76 031 Stormwater Facility Design sumotal: 10 z 6 Erosion and Sediment Control and Landscaping Plans (4 sheets @ 1 " =20') 10 2 6 o33 Sanitary Sewer sumotal: 116 4e 68 Identify & Report Conflict Locations 20 4 15 Sanitary Sewer Design 52 32 20 Sanitary Sewer Sheets 32 6 24 Sanitary Sewer Details 12 4 6 MVlarke eM CI' erA. VLlMUidp6tlesVMNn _GrowWmpooa`POTM59 o Meats Moo]y SQNlary 60"1 000 kits = CG I CECS � Mn49'Mooa SlM Sevvi.Mm vn¢osk s a Pop 2 ma CIORBA GROUP Consulting Engneeis WORK BREAKDOWN STRUCTURE Village of Morton Grove Meade -Moodv Sanitary Sewer MIMnkekaM CIMMCVLWVviBaFpe0.Nwbn GrowVmpu4N0Zal5S.Da_Mavh Moody Samaq 8,v rDeep nr$GISB.q_CGI_CECS- LMVtleMeddy Garibry5evn!gwn M* Breaktlexn$pu[ pee wilmis Peas 3d ®CIORBA GROUP Consul[ rg Ln_.neors Y K P > L Gnnd a � C 2 Total y 034 Reports / Location Drainage Studies sumotal: 16 4 12 Sanitary Sewer System Tech Memo 16 4 12 005 Permits/Approvals suuoal: 32 6 a Permit - IEPA(Water and Sanitary) 10 2 e Permit- MWRDGC 14 2 12 Approval - ComEtl e 2 6 s. Engineering Studies /Plans Task Total: ST T 34 16 055 Contract Plans sumotal: 1s 2 s 8 Title Sheet 6 2 q General Notes 4 z z Summary of Quantities 2 2 Disposition of Comments g p q 058 Quantity Calculations sumotal: 12 4 8 Quantities 12 4 8 059 Specifications & Estimates sumotal: 27 s 22 Specifications 18 2 16 Estimate of Time a 1 z Estimate of Cost 6 p q a• QC /QA Task Total: 6 6 090 QC /QA sumotal: s a Water Resources 8 8 70. Project Management & Administration Task Total: e 8 too Project Management & Administration sumotal: e 8 Project Management 8 e MIMnkekaM CIMMCVLWVviBaFpe0.Nwbn GrowVmpu4N0Zal5S.Da_Mavh Moody Samaq 8,v rDeep nr$GISB.q_CGI_CECS- LMVtleMeddy Garibry5evn!gwn M* Breaktlexn$pu[ pee wilmis Peas 3d ®CIORBA GROUP Consul[ rg Ln_.neors CIORBA GROUP! Consulting Engineers FIRM NAME Ciorba Group, Inc. DATE PRIME /SUPPLEMENT Prime Client Village of Morton Grove ESCALATION FACTOR 0.00% CLASSIFICATION Senior Project Manager Senior Project Engineer Project Engineer Senior Engineer Staff Engineer II Staff Engineer Engineering Technician II Engineering Technician I Senior Structures Engineer Structures Engineer Senior CADD Technician Construction Service Coordinator Resident Engineer III Resident Engineer II Resident Engineer I Construction Engineer I Party Chief Instrument Person / Rod Man CURRENT RATE I ESCALATED RATE $174.00 $174.00 $132.00 $132.00 $117.00 $117.00 $94.00 $94.00 $82.00 $82.00 $74.00 $74.00 $74.00 $74.00 $58.00 $58.00 $106.00 $106.00 $78.00 $78.00 $97.00 $97.00 $122.00 $122.00 $122.00 $122.00 $94.00 $94.00 $83.00 $83.00 $74.00 $74.00 $90.00 $90.00 $66.00 $66.00 02/11/16 Printed 2/11/2016 4:04 PM IN -HOUSE DIRECT COSTS Village of Morton Grove Meade -Moody Sanitary Sewer PHASE II Meetings, Data Collection & Coordination Description Unit Unit Cost Vehicle (mileage) mile $ 0.58 Topographic Survey Quantity Extended Cost 120 $ 69.00 Total: $ 69.00 Description Unit Unit Cost Quantity Extended Cost Vehicle (mileage) mile $ 0.58 40 $ 23.00 Vehicle (day) day $ 65.00 4 $ 260.00 Total: $ 1.832.50 2045era CGI_ CECS- Meade- MmiySanitary SewerAsm.InHouseDC CIORBA GROUP Consulting Engineers Total: $ 283.00 Water Resources Description Unit Unit Cost Quantity Extended Cost CADD Charges hour $ 15.00 120 $ 1,800.00 Copies sheet $ 0.10 200 $ 20.00 Full Size Prints sheet $ 1.25 10 $ 12.50 Total: $ 1.832.50 2045era CGI_ CECS- Meade- MmiySanitary SewerAsm.InHouseDC CIORBA GROUP Consulting Engineers Enalneerinct Studies /Plans Description CADD Charges Copies Full Size Prints Unit Unit Cost Quantity Extended Cost hour $ 15.00 30 $ 450.00 sheet $ 0.10 350 $ 35.00 sheet $ 1.25 3 $ 3.75 Total: $ 488.75 20458> x_ CGI_ CECS - Meade-Moody Sanitary Sewer.Asm: InHouseDC WE CIORBA GROUP Consulting Engineers MEADE -MOODY SANITARY SEWER DESIGN PROPOSED SCHEDULE VILLAGE OF MORTON GROVE 2/11/2016 Task Name Duration Start Finish PRELIMINARY DESIGN 8 weeks 2/22/2016 4/18/2016 Village Board Approval 0 days 2/22/2016 2/22/2016 Notice to Proceed 0 days 2/29/2016 2/29/2016 Kickoff Meeting with Village 0 days 3/1/2016 3/1/2016 Initial Investigations 6 weeks 3/7/2016 4/18/2016 Topographic Survey (By Ciorba) /Interior House Inspections (By Village) 2 weeks 31712016 311812016 Public Meeting 0 days 312112016 312112016 Preparation of Drainage Tech Memo 2 weeks 312212016 41112016 Submittal of Drainage Tech Memo 0 days 41112016 41112016 Village Review- Drainage Tech Memo 2 weeks 41412016 411512016 Concept Review Meeting with Village 0 days 411812016 411811016 FINAL DESIGN 12 weeks 4/18/2016 7/812016 Preliminary Submittal 3 weeks 4/18/2016 5/6/2016 Preliminary Design 2 weeks 411812016 412912016 Submittal - Preliminary Design & Permitting 0 days 412912016 412912016 Village Review- Preliminary Design Iweek 51212016 51612016 Permitting Review and Acquisition 12 weeks 5/2/2016 7/8/2016 Pre -final Submittal 3 weeks 5/9/2016 5/27/2016 Pre -final Design 2 weeks 51912016 512011016 Submittal — Pre final Design 0 days 512012016 512012016 Village Review —Pre final Design 1 week 512312016 512712016 Final Submittal 2 weeks 5/30/2016 6/10/2016 Final Design 2 weeks 513012016 611012015 Submittal — Pre -final Design adays 611012016 611012016 c Legislative Summary Ordinance 16 -05 FRANCHISE AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY (DB /A NICOR GAS COMPANY) TO CONSTRUCT, OPERATE, AND MAINTAIN A NATURAL GAS DISTRIBUTING SYSTEM IN AND THROUGH THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Background: Departments Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: March 14, 2016 Request approval of an Ordinance Granting a Franchise to Northern Illinois Gas Company (d/b /a Nicor Gas Company) In 1980 the Village adopted a 50 -year franchise agreement with Northern Illinois Gas Company to construct, operate, and maintain a gas distribution system in the Village. Since then Northern Illinois Gas became Nicor Gas (Nicor). Although the Village's existing franchise with Nicor does not expire until 2030, we can take advantage of the positive terms associated with a new franchise as a member of the Northern Illinois Municipal Natural Gas Franchise Consortium (Gas Consortium). The Gas Consortium consists of 38 municipalities and, to date, the Village has paid a total of $6,743.90 in membership fees to fund the legal expenses for the new franchise. New Natural Gas Franchise Gas Consortium approved the final; model franchise with Nicer, to take effect the Village must adopt the franchise by Ordinance, a significant improvement over the existing Franchise: • 25 -year term • Nicor must comply with Public ROW regulations & indemnify the Village • 63,924 therms of unbilled gas annually vs. 57,000 with current franchise • One -time renewal payment of $27,246 to the Village "Most Favored Nations" clause • Insurance requirement increased from $5,000 to $50 million Public Works - ROW management Finance — Financial oversight Administration — Agreement administration Expenditure - $6,743.90 expended in previous fiscal years 2010 to 2012 Revenue - $27,246 one -time renewal award if approved and submitted to Nicor by March 31, 2016, as an early adopter Increase in annual unbilled therms - 6,924 therm units (current value $3,935) Expenditure — prior budgets to support Negligible Approval Request approval at First Reading to take advantage of being an early adopter IwSi1'- Respectfully submitted: Ralph E. Prepared by: Director Public Works nor Reviewed by: — Teresa H tston, Corporation Counsel ORDINANCE 16 -05 AN ORDINANCE AUTHORIZING AND GRANTING A FRANCHISE TO NORTHERN ILLINOIS GAS COMPANY (d /b /a NICOR GAS COMPANY) ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, OPERATE AND MAINTAIN A NATURAL GAS DISTRIBUTING SYSTEM IN AND THROUGH THE VILLAGE OF 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 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, Northern Illinois Gas Company (d /b /a Nicor Gas Company), an Illinois corporation ( "NICOR GAS ") and the Municipality of Morton Grove ( "Municipality') entered into franchise agreement effective April 28, 1980 that generally authorized NICOR GAS to construct, operate, and maintain a gas distribution system within the Municipality, and NICOR GAS provided the Municipality a letter dated May 14, 1980 that specifies the compensation to be paid to the Municipality by NICOR GAS in connection with such franchise agreement (such franchise agreement and letter are referred to collectively herein as the "Previous Agreement'); and WHEREAS, NICOR GAS, along with its successors and permitted assigns (collectively, "Grantee "), and the Municipality desire to have this Ordinance adopted and to have it represent a new agreement between the Grantee and the Municipality to supersede the Previous Agreement ( "Franchise "); and WHEREAS, the Municipality has determined that it is in the best interests of the Municipality and its residents to adopt this Ordinance establishing a new Franchise with the Grantee; WHEREAS, the Grantee has approved this Ordinance and authorized execution by its duly authorized representatives of the Consent Agreement provided pursuant to Section 15 of this Ordinance. 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 following terms have the meaning ascribed to them in this Section: Annual Meeting. The meeting provided under Subsection 13.A. of this Ordinance. Assignee. The entity that accepts an assignment under this Ordinance from the Grantee with the authorization of the Municipality, as provided in Subsection 13.B of this Ordinance. Corporate Authorities. The corporate authorities of the Municipality. Effective Date. The effective date of this Ordinance, being January 1, 2016. Emergency. An event involving the Gas System that (i) poses an imminent threat to the public health or safety within the Municipality or (ii) is likely to result in a prolonged and unplanned interruption of gas service to a significant number of customers within the Municipality. Gas. Natural gas or manufactured gas, or a mixture of gases, that is distributed to the Grantee's customers in the Municipality through the Gas System, Gas System. The Grantee's system of pipes, tubes, mains, conductors, and other devices, apparatus, appliances, and equipment for the production, distribution, and sale of gas for fuel, heating, power, processing, and other purposes within and outside the corporate limits of the Municipality. Gas System Work. Any construction, operation, maintenance, repair, removal or replacement of the Gas System conducted by the Grantee within the Public Right -of -Way or conducted by the Grantee immediately adjacent to the Public Right -of -Way if such activity physically disturbs the Public Right -of -Way. /CC. The Illinois Commerce Commission. Public Right -of -Way. The Municipality's streets, alleys, sidewalks, parkways, easements, and other property of the Municipality used as right -of -way. Requirements of Law. Any and all reasonable regulations which may now or hereafter be prescribed by general ordinance of the Municipality with respect to the use of the Public Right -of -Way or the conduct of Gas System Work. Term. The term of the Franchise under Section 3 of this Ordinance. -2- SECTION 3: GRANT OF FRANCHISE. The Municipality grants the right, permission and authority to the Grantee to construct, operate, maintain, repair, remove, and replace its Gas System within the corporate limits of the Municipality, subject to the conditions and regulations of this Ordinance. The right, permission and authority granted by the Municipality to the Grantee by this Franchise may not be exclusive to the Grantee, provided that any other such rights or authority granted by the Municipality may not interfere with the right, permission and authority granted to the Grantee pursuant to this Ordinance. SECTION 4: TERM. The Franchise authorized and granted pursuant to this Ordinance shall be for a term of 25 years, commencing on the Effective Date, and expiring on January 1, 2041 ( "Term "). SECTION 5: USE OF PUBLIC RIGHT -OF -WAY, The Grantee shall be authorized to use the Public Right -of -Way for the Gas System and Gas System Work subject to the provisions of this Ordinance, including without limitation the following provisions: A. General Coordination, Location And Repair. Those portions of the Gas System in the Public Right -of -Way shall be installed and maintained under the general supervision of the Director of Public Works of the Municipality, or other duly authorized agent of the Municipality. The portions of the Gas System within the Public Right -of -Way shall be located as not to injure any drains, sewers, catch basins, water pipes, pavements or other like public improvements. If any drain, sewer, catch basin, water pipe, pavement or other like public improvement is injured by the location of the portions of the Gas System within the Public Right - of -Way, the Grantee shall forthwith repair the damage to the satisfaction of the Municipality and in default thereof the Municipality may repair such damage and charge the cost thereof to, and collect the same from. the Grantee. B. Compliance with Requirements of Law. The Grantee shall be subject to the specific standards provided in this Ordinance for work in the Public Right -of -Way and with all other Requirements of Law. C. Conduct of Gas System Work; Restoration. The Grantee will conduct Gas System Work in accordance with the Requirements of Law. The Grantee will undertake to minimize the disturbance or obstruction of the Public Right -of -Way caused by Gas System Work, including, without limitation, having Gas System Work, once started, undertaken and completed without unreasonable delay. The Grantee will promptly restore Public Right -of -Way, as well as any fences, roads, pavements and other improvements in the Public Right -of -Way, disturbed by Gas System Work as nearly as reasonably practicable to its condition immediately before the Gas System Work. D. Emergencies. In the case of an Emergency, the Grantee will notify the Municipality by the most practical, timely, and available means under the circumstances of the Emergency and the conditions that are affecting the Gas System and its customers. Notwithstanding Section 10, the notice will be no more than 24 hours after the Grantee learns of the Emergency, except if notice within 24 hours is not practicable under the circumstances of the Emergency, in which case the Grantee will provide the notice required under this Subsection -3- as soon as is practicable under the circumstances. Each Party will provide the other Party with an Emergency contacts list, including 24 -hour contact information for at least two representatives. The Grantee will keep the Municipality apprised of the status of the Emergency to the extent reasonably practicable and will advise the Municipality when the Emergency has been resolved. E. Coordination Regarding Capital Improvements: System Information. The Grantee and the Municipality believe that it is in their mutual interests to be informed of their respective capital improvement programs, so that whenever practicable those programs can be undertaken to minimize the cost of construction and public inconvenience. To that end, the following provisions apply: 1. Meeting. At Annual Meetings (see Subsection 13.A of this Ordinance), representatives of the Grantee and the Municipality will be prepared to discuss significant known Gas System Work and Municipal projects that could impact the Gas System and that will or may be undertaken within the Municipality. 2. Capital Improvement Plans and General System Information. The Grantee will establish and maintain an information medium ( "Information Sharing System "), at no cost to the Municipality, that will provide the Municipality access, on reasonable terms, to information identifying (a) anticipated Gas System Work, (b) Grantee's planned capital improvement plans and major maintenance work related to the Gas System within the Municipality, (c) maps or other documents showing the locations of gas distribution mains in or under Public Right -of -Way within the Municipality; and (d) the status of ongoing Gas System Work and capital improvement plans and major maintenance work related to the Gas System within the Municipality (collectively, "General System Information "). The Grantee reserves the right to modify or replace the Information Sharing System from time to time at its discretion. Absent gross negligence or intentional misconduct by the Grantee, the Grantee shall have no monetary liability to the Municipality due to defects in the design or performance of the Information Sharing System or errors or omissions in the information disclosed through the Information Sharing System; provided, however, that this sentence does not change the Grantee's obligation under Paragraph 1 of this Subsection and Subsection 13.A of this Ordinance with respect to General System Information. As part of the Annual Meeting, the Parties may discuss the performance of the Information Sharing System and any adjustments and refinements to the Information Sharing System and, if requested by the Municipality, the Grantee will provide information regarding any updates or other operational changes or improvements to the Information Sharing System. SECTION 6: CONSIDERATION FOR USE OF PUBLIC RIGHT -OF -WAY. A. Payments: Provision of Gas. The Grantee shall make the Renewal Payment provided in Paragraph 1 of this Subsection and, commencing with calendar year 2016, either (but never both) (i) make the Annual Payments as provided and calculated in Paragraph 2 of this Subsection, or (ii) provide for Unbilled Gas as provided and calculated in Paragraphs 3 of this Subsection. The Municipality shall notify the Grantee in writing within sixty days after the Effective Date whether it has chosen to receive Annual Payments or Unbilled Gas. In the event the Municipality has not notified the Grantee in writing within sixty days after the Effective Date, the Municipality shall be deemed to have chosen to receive Annual Payments as provided and calculated in Paragraph 2 of this Subsection. Upon written notice to Grantee given on or before June 30 of the calendar year preceding the date of change, the Municipality may change the method of compensation from Annual Payments to Unbilled Gas, or vice versa, effective as of 15 s January 1 of any or all of the third, sixth, ninth, twelfth, fifteenth, eighteenth, twenty- first, or twenty -fourth calendar year following the Effective Date. In the event the Municipality has not so notified the Grantee of a change in the method of compensation by the applicable June 30, the method of compensation then in effect shall continue and may not be changed by the Municipality during the ensuing three calendar year period. 1. Renewal Payment. Within one hundred ten days after the Effective Date, the Grantee will pay the Municipality, solely as consideration for renewal of the franchise granted under the Previous Agreement, a one -time franchise renewal payment ( "Renewal Payment ") of $27,244, being equal to 75 percent of the value of (a) the Therm Allocation" (as calculated under Paragraph 4 of this Subsection) as of the Effective Date multiplied by (b) the "Gas Cost per Therm" (as calculated under Paragraph 2 of this Subsection). 2. Annual Payment. In January of each year except 2016 and in March of 2016, the Grantee will pay the Municipality an annual payment ( "Annual Payment') if the Municipality has chosen or has been deemed to have chosen to receive Annual Payments rather than Unbilled Gas for such calendar year. The amount of each Annual Payment will be calculated by the Grantee by multiplying (a) the "Therm Allocation" (as calculated under Paragraph 4 of this Subsection) times (b) the applicable Gas Cost per Therm. As used herein, the term "Gas Cost per Therm" means, with respect to a calendar year, the sum of (i) the average per therm gas cost for the preceding three calendar years, based on the Grantee's prudently incurred purchased gas cost and (ii) the per therm rate for general gas service under the Grantee's rate structure in effect as of the last day of the preceding calendar year. 3. Unbilled Gas. If the Municipality has chosen to receive Unbilled Gas, the Grantee shall supply, during each billing year (start and finish of each year shall begin and end with regular meter reading date nearest to January 1) that the Municipality's choice to receive Unbilled Gas remains in effect, without charge to the Municipality, an amount of gas ( "Unbilled Gas ") not to exceed the Therm Allocation (as calculated under Paragraph 4 of this Subsection), to be used in buildings which may be occupied from time to time by the Municipality solely for municipal purposes, or such part of these buildings as may from time to time be occupied for ongoing municipal purposes, and not for purposes of revenue. 4. Therm Allocation. For purposes of determining the Annual Payment or the amount of Unbilled Gas under Paragraphs 2 and 3, respectively, of this Subsection, the Therm Allocation will be based on the following formula: 3.6 therms per person up to 10,000 of population; 2.4 therms per person for the next 10,000 of population; 1.2 therm per person for the next 80,000 of population; 1.45 therms per person for the next 20,000 of population; and 1.8 therms per person for the population over 120,000. For purposes of the Therm Allocation, the population of the Municipality as of the Effective Date shall be deemed to be the same as the population of the Municipality at the 2010 decennial census, which was 23,270. This population number will be adjusted by the Grantee based on each decennial census count. Between decennial census counts, the Therm Allocation may be increased prospectively on the basis of changes in population of the Municipality as shown by revised or special census. Upon the submission of a written request by the Municipality accompanied by the official State notification of census change, the Therm Allocation will be adjusted by the Grantee. B. Limitations on Gas Use. None of Unbilled Gas to be supplied to the Municipality under Paragraph A3 of this Section, shall be resold by the Municipality for any purpose whatsoever. In the event the Municipality uses less than the amount of Unbilled Gas calculated and authorized under Paragraph A3 of this Section, there shall be no payment due to -5- the Municipality from the Grantee for gas not used during that billing year, nor shall any such unused therms be carried over for the following billing year's use. C. Offset. If the Municipality has chosen or has been deemed to have chosen to receive Annual Payments, the Grantee shall have the right to reduce the Annual Payment for a calendar year by the amount of any fees that the Municipality has been paid by the Grantee during the preceding calendar year for permits, street or parkway openings, or inspections related to the Gas System or Gas System Works. If the Municipality has chosen to receive Unbilled Gas, the Grantee shall have the right to reduce the Therm Allocation for a billing year by an amount of therms equal to (a) the amount of any fees that the Municipality has been paid by the Grantee during the preceding billing year divided by (b) the Gas Cost per Therm determined for the calendar year that begins with the January 1 nearest to the end of such billing year. SECTION 7: ACCOUNTS AND RECORDS. Within 90 days following a written request by the Municipality made no more frequently than once during each calendar year of the Term, the Grantee will provide the Municipality with a written statement showing the gross operating revenue generated during the immediately preceding calendar year by the Grantee from the distribution of gas to customers identified in the Grantee's billing records as located within the corporate limits of the Municipality, which statement will, if requested as part of the Municipality's request, show the distribution of such gross operating revenue among the following categories of users: Residential, Commercial, and Industrial, or by such other categories as may be agreed to by the Grantee and the Municipality. SECTION 8: SUBSTITUTION OF MORE FAVORABLE PROVISIONS. A. Amended Ordinance. If during the Term of this Franchise, the Municipality learns of a Grantee franchise ( "Grantee Franchise ") from any other municipality in Illinois ( "Other Franchisor") adopted or otherwise provided by the Other Franchisor after the Effective Date and containing "More Favorable Provisions" (as defined in Subsection C of this Section), then the Municipality may adopt, no sooner than 30 days from the date of providing the notice to the Grantee required pursuant to Subsection B of this Section, an ordinance amending this Ordinance solely to substitute for the provisions of Section 5 of this Ordinance replacement provisions that are substantially identical to the More Favorable Provisions ( "Amended Ordinance"). If the Municipality adopts an Amended Ordinance in conformity with this Section 7, the Grantee will accept the Amended Ordinance and execute a Consent Agreement consistent with Section 15 of this Ordinance. B. Notice. At least 30 days before adopting an Amended Ordinance pursuant to this Section 7, the Municipality shall provide the Grantee with written notice that explicitly (i) states that the Municipality intends to invoke its right under this Section 7 to adopt an Amended Ordinance; (ii) identifies the Other Franchisor; (iii) states the date, time, and place of the meeting at which adoption of the Amended Ordinance will be considered; and (iv) includes the Amended Ordinance. C. More Favorable Provisions. "More Favorable Provisions" means the provisions in a Grantee Franchise (i) establishing the compensation to be paid by the Grantee to the Other Franchisor, including, without limitation, the formulas and procedures utilized to determine the form and amount of such compensation ( "Compensation Formulas and -6- Procedures "); and (ii) that the Municipality has reasonably concluded are more advantageous to or protective of the public interest of the Other Franchisor than the existing provisions of Section 5 of this Ordinance are to the Municipality. "More Favorable Provisions" shall not include provisions providing consideration to the Other Franchisor for franchise renewal (it being understood that the exercise by the Municipality of its right under this Section 7 shall not be deemed a franchise renewal). Replacement provisions in a proposed Amended Ordinance shall not be deemed to be substantially identical to More Favorable Provisions if those replacement provisions do not utilize the Compensation Formulas and Procedures as applied to the Municipality to determine the form and amount of compensation to be paid by the Grantee to the Municipality. The Municipality shall not have the right to invoke this Section solely to effect a change in the form of compensation (between payments or unbilled gas) if that form of compensation had been available to the Municipality to select under Section 5 of this Ordinance, and neither the procedures for changing the form of compensation in Section 5 of this Ordinance nor those in the Compensation Formulas and Procedures would then have permitted the Municipality to make a change in the form of compensation. D. No Notification Required. Nothing in this Section shall require the Grantee to notify the Municipality of new franchises that the Grantee obtains with other municipalities in Illinois or new provisions within any existing franchise agreements. SECTION 9: INDEMNIFICATION. A. Grantee. The Grantee must, and will, fully indemnify the Municipality (but not any other third party) against and from any and all claims, liabilities, actions, damages, judgments, and costs, including without limitation injury or death to any person and damage to any property or Public Right -of -Way and including without limitation attorneys' fees (collectively, "Claims ") that the Municipality may incur or suffer, or that may be obtained against the Municipality, as a result of or related to the Grantee's failure to perform any of its obligations under this Ordinance, or the Grantee's negligent, unlawful, or intentional wrongful acts or omissions that relate to (i) the use or occupation by Grantee of the Public Right -of -Way under this Ordinance, or (ii) the construction, operation, maintenance, or repair of the Gas System located within the Public Right -of -Way. The Municipality must give the Grantee written notice within 30 calendar days after the Municipality has received written notice of a Claim. The Municipality may tender to the Grantee the defense of a Claim, in which case the Grantee must defend the Municipality against that Claim, or the Municipality may defend itself against that Claim at the Grantee's expense. The Grantee shall not be required to indemnify, defend, or hold harmless the Municipality for any Claims to the extent the Municipality, its officers, agents, or employees are liable under the laws of the State of Illinois (including for conduct that constitutes gross negligence, malicious or intentional wrongful acts, or the willful misconduct of the Municipality, its officers, agents, or employees while acting on behalf of the Municipality). B. Municipality. 1. The Municipality must, and will, fully indemnify the Grantee (but not any other third party) against any and all Claims arising as a result of damages to the Grantee's Gas System caused by the conduct of the Municipality, its officers, employees, or agents for which the Municipality is liable under the laws of the State of Illinois (including for conduct that constitutes gross negligence, malicious or intentional wrongful acts, or the willful misconduct of the Municipality, its officers, agents, or employees while acting on behalf of the Municipality). The Municipality shall not be required to indemnify, defend, or hold harmless the Grantee for any damages to the extent the Grantee, its officers, agents, or employees are liable under the -7- laws of the State of Illinois (including for conduct that constitutes gross negligence, malicious or intentional wrongful acts, or the willful misconduct of the Grantee, its officers, agents, or employees while acting on behalf of the Grantee). 2. The Grantee recognizes the Municipality's right to exercise its police powers over the Public Right -of -Way in case of fire, disaster, or other emergency as reasonably determined by the Municipality. Notwithstanding Paragraph 1 of this Subsection, the Municipality shall not be liable to the Grantee for any damages to the Grantee's Gas System when the damage results from the exercise by the Municipality of its police powers in order to protect the public in case of fire, disaster or other emergency. When practicable, as reasonably determined by the Municipality, the Municipality shall consult with the Grantee prior to the exercise by the Municipality of these police powers, where the exercise may affect the Grantee's Gas System, and to permit the Grantee to take necessary action to protect the public and the Gas System. SECTION 10: INSURANCE. If the Grantee's total stockholder equity as determined in accordance with generally accepted accounting principles ( "Stockholder Equity') as of the end of its most recently completed fiscal year is less than fifty million dollars ($50,000,000), the Grantee shall be obligated under this ordinance to maintain during its current fiscal year, at its sole cost and expense, insurance against the liabilities assumed under this ordinance consisting of the following coverages at the following minimum limits: A. Comprehensive General Liability. Comprehensive general liability insurance with coverage written on an "occurrence" or "claims made" basis and with limits no less than: (1) General Aggregate: $2,000,000; (2) Bodily Injury: $2,000,000 per person, $2,000,000 per occurrence; and (3) Property Damage: $2,000,000 per occurrence. Coverage must include: Premises Operations, Independent Contractors, Personal Injury (with Employment Exclusion deleted), Broad Form Property Damage Endorsement, Blanket Contractual Liability, and bodily injury and property damage. Exclusions "X," "C," and "U" must be deleted. Railroad exclusions must be deleted if any portion of the Gas System Work is within 50 feet of any railroad track. Every employee of the Grantee engaged in Gas System Work within the Municipality must be included as an insured. B. Comprehensive Motor Vehicle Liability. Comprehensive motor vehicle liability insurance with a combined single limit of liability for bodily injury and property damage of not less than $2,000,000 for vehicles owned, non - owned, or rented. The coverage required by this subsection shall include bodily injury and property damage for all motor vehicles engaged in Gas System Work within the Municipality that are operated by any employee, subcontractor, or agent of the Grantee. C. Workers' Compensation. Workers' compensation coverage in accordance with applicable law. D. General Standards for All Insurance. If obligated under this Section to maintain the foregoing insurance coverages, (i) the Grantee may satisfy that obligation, in whole or in part, through insurance provided by a captive insurance company affiliated with the Grantee to the extent permitted under applicable law if such captive insurance company and the Grantee are both controlled by a company with Stockholder Equity as of the end of its most recently completed fiscal year of at least fifty million dollars ($50,000,000), or through -8- commercial insurance; (ii) all commercial insurance policies obtained by the Grantee to satisfy such obligation must be written by companies customarily used by public utilities for those purposes, including, if permitted by this Subsection, policies issued by a captive insurance company affiliated with the Grantee; (iii) the Grantee must provide the Municipality, upon request, with reasonable evidence of insurance and with certificates of insurance for commercial coverage designating the Municipality and its officers, boards, commissions, elected officials, agents, and employees as additional insured and demonstrating that the Grantee is maintaining the insurance required in this Section; and (iv) each policy shall provide that no change, modification, or cancellation of any insurance coverage required by this Section shall be effective until the expiration of 30 calendar days after written notice to the Municipality of any such change, modification, or cancellation and providing that there is no limitation of liability of the insurance if the Grantee fails to notify the Municipality of a policy cancellation. SECTION 11: CURE. In addition to every other right or remedy provided to the Municipality under this Ordinance, if the Grantee fails to comply in a material respect with any of its material obligations under this Ordinance (for reason other than force majeure), then the Municipality may give written notice to the Grantee specifying that failure. The Grantee will have 30 calendar days after the date of its receipt of that written notice to take all necessary steps to cure such material non - compliance, unless the cure cannot reasonably be achieved within 30 calendar days but the Grantee promptly commences the cure and diligently pursues the cure to completion. SECTION 12:. FORCE MAJEURE. Neither the Grantee nor the Municipality will be held in violation or breach of this Ordinance when a violation or breach occurred or was caused by (a) riot, war, earthquake, flood, terrorism, or other catastrophic act beyond the respective Party's reasonable control or (b) governmental, administrative, or judicial order or regulation other than, in the case of the Municipality, an order or regulation issued by the Municipality not in the exercise of its police powers in order to protect the public in the case of fire, disaster or other emergency. SECTION 13: NOTICE. With respect to an Emergency, Grantee shall provide notice to the Municipality in accordance with Subsection 4.D. of this Ordinance. Any other notice that (a) requires a response or action from the Municipality or the Grantee within a specific time frame or (b) would trigger a timeline that would affect one or both of the parties' rights under this Ordinance must be made in writing and must be sufficiently given and served on the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: If to Municipality: Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Attn: Village President -9- With a copy to: Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Attn: Corporation Counsel If to Grantee: Northern Illinois Gas Company d /b /a Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563 Attention: President With a copy to: Northern Illinois Gas Company d /b /a Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563 Attn: Community Relations and Economic Development Department For other notices regarding the general business between the parties, e-mail messages and facsimiles will be acceptable when addressed to the persons of record specified above. SECTION 14: GENERAL PROVISIONS, A. Communications and Annual Meeting. 1. General Communications. The Grantee and the Municipality believe that it is in their mutual interests to maintain consistent and reliable means of communications regarding all matters under this Franchise. Nothing in this Section precludes the parties in any way from conducting meetings and communications not specifically provided in this Section on any other dates and times during the Term as necessary, required, or otherwise desired. 2. Annual Meeting. Except as the Grantee and the Municipality may otherwise agree, upon 45 days prior written notice from the Municipality to the Grantee given no more frequently than once during each calendar year of the Term, the representatives of the Grantee and the Municipality will meet at the offices of the Municipality or another mutually acceptable location ( "Annual Meeting "). 3. Annual Meeting Matters. At the Annual Meetings the Parties will review, as necessary, any matters related to this Ordinance and the Franchise as generally identified by the Municipality in its written notice provided pursuant to Paragraph 2 of this Subsection related to (i) the Gas System and Gas System Work; (ii) issues that have arisen since the prior Annual Meeting regarding the Grantee's activities conducted under the authority granted by this Ordinance, (iii) efforts and initiatives by the Grantee or the Municipality, or both, to promote energy efficiency and cost savings related to the use of gas supplied by the Grantee; and (iv) identification of anticipated future capital improvement programs by the Municipality and the Grantee in an effort to coordinate those programs whenever practical in an effort to minimize costs for both the Municipality and the Grantee and to reduce public inconvenience (collectively, "Annual Meeting Matters "). The Grantee's and the Municipality's representatives at Annual Meetings shall include individuals with the knowledge, experience and authority required to address competently and to seek to resolve the Annual Meeting Matters identified from discussion at the Annual Meeting. 4. Good Faith Efforts to Resolve Annual Meeting Matters. The Municipality and the Grantee will constructively discuss the Annual Meeting Matters at the Annual Meetings. The goal of these discussions is to ensure that the Grantee and the Municipality have sufficient information to address and, if possible, resolve the Annual Meeting Matters and the Parties will share information reasonably necessary for those purposes; provided, however that neither the Grantee nor the Municipality will be required to respond to unduly burdensome information requests or to provide confidential or privileged information to the other party. The parties will work in good faith to resolve Annual Meeting Matters on mutually acceptable terms and to do so -10- within a reasonable period of time. To the extent that resolution of an Annual Meeting Matter is not otherwise provided by the terms of this Franchise, the parties may memorialize their understandings related to resolution of Annual Meeting Matters through memoranda of understanding, supplemental agreements, or other arrangements mutually agreed to. B. Assignments of Rights by Grantee. All provisions of this Ordinance that are obligatory upon, or which inure to the benefit of, NICOR GAS shall also be obligatory upon and shall inure to the benefit of any and all successors and permitted assigns of NICOR GAS, and the word "Grantee" wherever appearing in this Ordinance shall include and be taken to mean not only NICOR GAS, but also each and all of such successors and permitted assigns. The Grantee may not assign any right it has under this Ordinance without the prior express written authorization of the Municipality by ordinance or resolution of the Corporate Authorities. The Municipality will not withhold that authorization if (a) the Assignee is technically and financially capable of operating and maintaining the Gas System in the reasonable judgment of the Municipality and (b) the Assignee assumes all of the obligations of the Grantee under this Ordinance except as they may be amended in writing and approved by the Municipality. C. Entire Agreement; Interpretation. This Ordinance embodies the entire understanding and agreement of the Municipality and the Grantee with respect to the subject matter of this Ordinance and the Franchise. This Ordinance supersedes, cancels, repeals, and shall be in lieu of the Previous Agreement. D. Governing Law: Venue. This Ordinance has been approved executed in the State of Illinois and will be governed in all respects, including validity, interpretation, and effect, and construed in accordance with, the laws of the State of Illinois. Any court action against the Municipality may be filed only in Cook County, Illinois, in which the Municipality's principal office is located. E. Amendments. Except as otherwise provided pursuant to Section 7 of this Ordinance, no provision of this Ordinance may be amended or otherwise modified, in whole or in part, to be contractually binding on Grantee, except by an instrument in writing duly approved and executed by the Municipality and accepted by the Grantee by execution of a Consent Agreement consistent with Section 15 of this Ordinance. F. No Third -Party Beneficiaries. Nothing in this Ordinance is intended to confer third -party beneficiary status on any person, individual, corporation, or member of the public to enforce the terms of this Ordinance. G. No Waiver of Rights. Nothing in this Ordinance may be construed as a waiver of any rights, substantive or procedural, the Grantee or the Municipality may have under federal or State of Illinois law unless such waiver is expressly stated in this Ordinance. SECTION 15: MUNICIPALITY AUTHORITY RESERVATION. The Municipality reserves, subject to the limitations of applicable federal and State of Illinois laws, (i) its powers necessary or convenient for the conduct of the Municipality's municipal affairs and for the public health, safety and general welfare; and (ii) its right to own and operate a gas utility in competition with the Grantee. Notwithstanding the foregoing, the Municipality will not take any such action that would have the effect of depriving Grantee of the rights, permissions and authorities granted to Grantee under this Ordinance. -11- SECTION 16: CONSENT AGREEMENT. Within one hundred ten days after the Effective Date, the Grantee will file with the Municipality a written agreement to accept and comply with the terms of this Ordinance as attached to this Ordinance as Exhibit A ( "Consent Agreement'), duly executed by authorized representatives of the Grantee. The Grantee's failure to provide the Consent Agreement within one hundred ten days after the Effective Date shall be deemed a rejection of this Ordinance by the Grantee, and the rights and privileges herein granted shall absolutely cease and terminate, unless, within one hundred ten days after the Effective Date, the time period for the Grantee to file the Consent Agreement is extended by the Municipality by ordinance duly passed for that purpose and the Grantee has agreed in writing to such extension. SECTION 17: 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 14" DAY OF MARCH 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 14th DAY OF MARCH 2016 ATTESTED and FILED IN MY OFFICE THIS 15th DAY OF MARCH 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois -12- Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois Village Clerk ) STATE OF ILLINOIS ) COUNTY OF COOK ) SS. VILLAGE OF MORTON GROVE ) I, Connie Travis, Village Clerk of the Village of Morton Grove, Illinois, do hereby certify the foregoing is a true and correct copy of an Ordinance duly passed by the Board of Trustees of said Village on the 14th day of March 2016, and duly approved by the President of said Village on the 14th day of March 2016, the original of which Ordinance is now on file in my office. I do further certify that I am the legal custodian of all papers, contracts, documents and records of said Village. WITNESS my hand and the official seal of said Village this 14th day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois (SEAL) -13- EXHIBIT A CONSENT AGREEMENT Pursuant to Section 15 of that certain Natural Gas Franchise Ordinance duly passed by the City Council /Board of Trustees of the Village of Morton Grove (the "Municipality') on March 14, 2016, and duly approved by the Daniel P. DiMaria, Mayor /President of the Municipality on March 14, 2016, (the "Ordinance "), a copy of which is attached hereto, Northern Illinois Gas Company d /b /a Nicor Gas Company , an Illinois corporation hereby accepts and agrees to comply with the Ordinance. NORTHERN ILLINOIS GAS COMPANY D /B /A NICOR GAS COMPANY fi<FT, Title: Date: -14- Ordinance UPDATING TITLE 7, CHAPTER 9 OF THE MUNICIPAL CODE ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF WAY" SECTION 4 ENTITLED "PERMIT REQUIRED; APPLICATIONS AND FEES ", SECTION 5 ENTITLED "ACTION ON PERMIT APPLICATIONS" AND SECTION 15 ENTITLED "LOCATION OF FACILITIES" Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: First Reading: March 14, 2016 This ordinance will amend Title 7, Chapter 9 of the Municipal Code establishing standards for the construction of facilities on the public rights -of -way. To update the Village's construction standards and requirements for utility facilities in the public right of way to require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles The Village rights -of -ways are a valuable and limited Village asset. From time - to -time utility companies request the right to install structures, devices, objects and materials on, over, above, along, upon, under, across, or within the rights -of- way. Title 7 Chapter 9 of the Village Code identifies the process and standards by which the Village may grant permission to utility companies to utilize the rights -of -way. The ordinance was adopted in 2007 and was modeled after an ordinance developed by the Illinois Municipal League. The Village has recently contracted Municipal Services Associates, Inc. ( "MSA ") to review this ordinance especially considering the proliferation of small cell antenna being attached to utility poles. MSA has recommended that this chapter be modified to require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles. Administration, Public Works and Building and Inspectional Service N/A 11/1 The Village Engineer shall administer this ordinance with assistance from the Director of Public Works, the Village Administrator and Corporation Counsel. Approval as presented. March 14, 2016 Special Considerations or Requirements: Respectfully submitted: / Approved by: Ralph E. r ?�:rwj ski, Village Administrator ndy DeMome, Director Public Works Prepared by: /j�` j Approved by: Tere a Flofthigm Libqon, Corporation Counsel Chris Tomich, Village Engineer ORDINANCE 16 -06 UPDATING TITLE 7, CHAPTER 9 OF THE MUNICIPAL CODE ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF WAY" SECTION 4 ENTITLED "PERMIT REQUIRED; APPLICATIONS AND FEES ", SECTION 5 ENTITLED "ACTION ON PERMIT APPLICATIONS" AND SECTION 15 ENTITLED "LOCATION OF FACILITIES" 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 the authority to adopt ordinances and to promulgate rules and regulations pertaining to its government and affairs to protect the public health, safety, and welfare of its citizens including ordinances and regulations pertaining to the use of public rights - of -ways; and WHEREAS, in addition to the Village's power as a home rule municipality, this Ordinance is adopted pursuant to the provisions of the Illinois Municipal Code, including, without limitation, Sections 11 -20 -5, 11- 20 -10, 11- 80- 1,11 -80 -3, 11 -80 -6, 11 -80 -7, 11 -80 -8, 11- 80 -10, and 11- 80 -13, all of which are found in Chapter 65 of the Illinois Compiled Statutes; Section 30 of the Illinois Telecommunications Municipal Infrastructure Maintenance Fee Act, 35 ILCS 635/30; Section 4 of the Telephone Company Act, 220 ILCS 65/4; and the Illinois Highway Code, including, without limitation, Chapters 7 and 9 thereof, 605 ILCS 5/1 -101 et seq.; and WHEREAS, Title 7, Chapter 9, entitled "Construction of Utility Facilities in the Public Rights -Of -Way" establishes a comprehensive set of construction standards and requirements to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities; minimizing interference with, and damage to, rights -of -way and the streets, sidewalks, and other structures and improvements located in, on, over and above the rights -of- way; and reducing costs and expenses to the public; and WHEREAS, Village staff, as part of its continuing process of reviewing and, as necessary, updating Village ordinances so that they remain current and relevant, has recommended updates to Title 7 Chapter 9; and WHEREAS these updates will require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles; and WHEREAS, the Village hereby finds that it is in the best interest of the Village, the public and the utilities using the public rights -of -way to amend title 7 Chapter 9 pursuant to these recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON FOLLOWS: SECTION 1: The Corporate Authorities clauses into this Ordinance as though fully set R set forth. SECTION 2: Title 7, Chapter 9, Section is hereby amended to read as follows: GROVE, COOK COUNTY, ILLINOIS AS do hereby incorporate the foregoing WHEREAS rth therein thereby making the findings as hereinabove 4 entitled "Permit Required; Applications and Fees ", 7 -9 -4: PERMIT REQUIRED; APPLICATIONS AND FEES: A. Permit Required. No person other than the Village or its authorized agent shall construct (as defined in this Chapter) any facility on, over, above, along, upon, under, across, or within any Village right -of -way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right -of way (as defined in this Chapter), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right - of -way, without first filing an application with the Village Engineer and obtaining a permit from the Village therefore, except as otherwise provided in this Chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right -of -way. B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. C. Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following: 1. If applicable, the utility's name and address and telephone and telecopy numbers; 2. The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work; 3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants and contractors, if any, advising the applicant with respect to the application; 4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description 2 shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5. Evidence the utility or its contractor has placed on file with the Village: a. A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices ", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and b. An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this Section unless the Village finds that additional information or assurances are needed; and 6. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; 7. Evidence of insurance as required in Section 8 of this Chapter; 8. Evidence of posting of the security fund as required in Section 10 of this Chapter; 9. Any request for a variance from one or more provisions of this Chapter (See Section 21); and 10. Such additional information as may be reasonably required by the Village. D. Supplemental Application Requirements for Specific Types of Utilities. In addition to the requirements of Subsection C of this Section, the permit application shall include the following items as applicable to the specific utility that is the subject of the permit application: I. In the case of new electric power, communications or natural gas distribution system installation, evidence that any "Certificate of Public Convenience and Necessity" has been issued by the ILCC that the applicant is required by law, or has elected, to obtain; 2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District, have been satisfied; or 5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. E. Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village as soon as reasonably possible, but at least within thirty (30) days after the change necessitating the amendment. 3 F. Application Fees. Unless otherwise provided by franchise, license, or similar agreement, and to the extent limited by law, all applications for permits pursuant to this Chapter shall be accompanied by a fee in the amount established from time to time by the Director of Public Works. SECTION 3: Title 7, Chapter 9, Section 5 entitled "Action on Permit Applications" is hereby amended by adding a new Paragraph D to read as follows: 7 -9 -5: ACTION ON PERMIT APPLICATIONS: A. Village Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within sixty (60) days or such additional time if reasonably necessary after filing and payment of all application fees and deposits. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall reject such application in writing, stating the reasons therefore. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this Chapter and all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit therefore as soon as practicable. B. Additional Village Review of Applications of Telecommunications Retailers. 1. Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Chapter for facilities for the provision of telecommunications services. Such notice shall be in writing, shall be addressed to the Village Engineer and/or the Director of Public Works, and shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. Notice shall be transmitted by regular mail and by certified mail; return receipt requested and shall be deemed served upon actual receipt by the Village Engineer or the Director of Public Works. The Village Engineer shall then specify the portion of the right -of -way upon which the facility may be placed, used and constructed. 2. In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either (i) ten (10) days after service of notice to the Village by the telecommunications retailer as provided in subsection B -I above, in the case of work not involving excavation for new construction or (ii) twenty -five (25) days after service of notice by the telecommunications retailer as provided in subsection B -1 above, in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Chapter. Prior to commencing such work, the utility shall contact the Village Engineer to confirm that proper notice has been served. 3. Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 4 of this Chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and 13 documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection A of this Section. D. Additional Village Review of Wireless Facility Providers: Applications by a provider of wireless telecommunications services shall be reviewed within thirty (30) days from the date of the application for permit. In the event the Village determines the application is incomplete, the Village shall notify the applicant within thirty (30) calendar days from the receipt of the application regarding the deficiencies within the application, specifically delineating all missing documents or information required in the application. The review period as stated in Chapter 12- 3 -6G.2 herein below shall be tolled form the date of notification and shall begin running again when the applicant makes a supplemental submission in response to the notice of deficiencies. Following a supplemental submission, the Village will notify the applicant within ten (10) calendar days the supplemental submission did not provide the information identified in the original notice delineating missing information. The review period is tolled in the case of a second or subsequent notice pursuant to the procedures hereinabove. Upon determination, all information requested by the Village for the application has been received, the tolling period shall resume. SECTION 4: Title 7, Chapter 9, Section 15 entitled "Location of Facilities ", is hereby amended to read as follows: 7 -9 -15: LOCATION OF FACILITIES: A. Parallel Facilities Located Within Highways. 1. Overhead Parallel Facilities. An overhead parallel facility may be located within the right -of -way lines of a highway only if: i) Lines are located as near as practicable to the right -of -way line and as nearly parallel to the right -of -way line as reasonable pole alignment will permit; ii) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available; iii) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone; iv) No pole is located in the ditch line of a highway; and v) Any ground - mounted appurtenance is located within one foot (0.3 m) of the right -of -way line or as near as possible to the right -of -way line. 2. Underground Parallel Facilities. An underground parallel facility may be located within the right -of -way lines of a highway only if: i) The facility is located as near the right -of -way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right -of way line; ii) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and iii) In the case of an underground power or communications line, the facility shall be located as near the right -of -way line as practicable and not more than five (5) feet (1.5 m) from the right -of -way line and any above - grounded appurtenance shall be located within one foot (0.3 m) of the right -of -way line or as near as practicable. B. Facilities Crossing Highways 1. No Future Disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2. Cattle Passes, Culverts, or Drainage Facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities. 3. 90 Degree Crossing Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable. 4. Overhead Power or Communication Facility. An overhead power or communication facility may cross a highway only if: i) It has a minimum vertical line clearance as required by ILCC's rules entitled, "Construction of Electric Power and Communication Lines" (83 111. Adm. Code 305); ii) Poles are located within one foot (0.3 m) of the right -of -way line of the highway and outside of the clear zone; and iii) Overhead crossings at major intersections are avoided. 5. Underground Power or Communication Facility. An underground power or communication facility may cross a highway only if: i) The design materials and construction methods will provide maximum maintenance -free service life; and ii) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6. Markers. The Village Engineer may require the utility to provide a marker at each right - of -way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal regulations. (49 C.F.R. 192.707 (1989). C. Facilities to be Located within Particular Rights -of -Way. The Village Engineer may require that facilities be located within particular rights -of -way that are not highways, rather than within particular highways. D. Freestanding Facilities. 1. The Village Engineer may restrict the location and size of any freestanding facility located within a right -of -way. 2. The Village Engineer may require any freestanding facility located within a right of- way to be screened from view. E. Appearance Standards. 1. The Village Engineer may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2. The Village Engineer may prohibit the installation of facilities if its construction requires removal or alteration of trees or terrain features. F. Above Ground Installation. Above ground facilities may be installed only if: 1. No other existing facilities in the area are located underground; 2. New underground installation is not technically feasible; and 3. The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self - supporting armless, single -pole construction with vertical configuration of conductors and cable. G. Facility Attachments to Bridges or Roadway Structures. 1. Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2. A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: i) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; ii) The type, length, value, and relative importance of the highway structure in the transportation system; iii) The alternative routings available to the utility and their comparative practicability; iv) The proposed method of attachment; V) The ability of the structure to bear the increased load of the proposed facility; vi) The degree of interference with bridge maintenance and painting; vii) The effect on the visual quality of the structure; and viii) The public benefit expected from the utility service as compared to the risk involved. H. Appeal. Any decision of the Village Engineer pursuant to this Section 15 may be appealed to the Village Administrator, by written request delivered within fourteen (14) calendar days after notice of such decision. A subsection regarding placement of facilities on Village appurtenances in the right -of -way, including but not limited to street lights and traffic signals should mirror requirements established for the attachment of Small Cell Antennas or Distributed Antenna Systems to utility poles as recommended in the Zoning Ordinance. Additionally, cabling serving such facilities must be buried in conduit, in trenches of a depth of at least 24" (see Chapter 7- 9 -16A.6 and in accordance with the provisions of Chapter 7- 9- 16A.2 -4 and B.l.c.1-3. No battery or other power supply boxes may be mounted on a pole utilized for mounting a traffic signal. All wiring leading from an antenna array to radio units, power supplies, and fiber optic interface boxes must be concealed inside any pole supporting a traffic signal or street light. 7 SECTION 5: 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 6: 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 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 28`11 day of March 2016. Trustee Trustee Trustee Trustee Trustee Trustee Grear Minix Pietron Ramos Thill Witko APPROVED by me this 281h day of March 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 29h day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16 -18 AUTHORIZING THE VILLAGE TO UPDATE AUTHORIZED SIGNATURES ON VILLAGE BANK ACCOUNTS Introduced: March 14, 2016 Synopsis: This resolution will authorize the Village President, Village Administrator, Fire Chief, and Finance Director as signatures on various Village bank accounts. Purpose: With the departure of the old Village Administrator and Finance Director, various institutions require the filing of a Village resolution for the new designation of authorized signatories. Background: The Village has a number of bank accounts through which it transacts business and from time -to -time the list of individuals authorized to sign on such accounts must be updated to reflect changes in personnel. With the departure of the Village Administrator and Finance Director, it is necessary to update the authorized signatures on these accounts. Programs, Departments Finance Department. or Groups Affected Fiscal Impact: None. Source of Funds: None. Workload Impact: The Finance Department will implement this change as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None. Requirements: Prepared and Respectfully Submitted by Teresa 149644eision, Corporation Counsel Reviewed by: /- Hanna Sullivan, Finance Director RESOLUTION 16 -18 AUTHORIZING THE VILLAGE TO UPDATE AUTHORIZED SIGNATURES ON VILLAGE BANK ACCOUNTS 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 of Morton Grove, Cook County, Illinois maintains its savings, checking and investment accounts at various institutions including: the mb Financial Bank, IMET, Northern Trust, Illinois Funds, PMA Securities, Suburban Bank and Trust, and Inland Bank; and WHEREAS, from time -to -time authorized signers on some accounts may change; and WHEREAS, it is necessary and appropriate to update the resolutions on file with the aforementioned institutions to designate those persons who may be authorized as signatories on various Village bank accounts. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, ILLINOIS. 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 following individuals are authorized signatories, on the various Village bank accounts: Village President Daniel P. DiMaria Village Administrator Ralph E. Czerwinski Finance Director Hanna Sullivan Fire Chief Tom Friel SECTION 3: The Village Clerk is hereby directed to issue a certificate indicating this action has been duly adopted by the Village Board of Trustees. SECTION 4: The Village President, Village Administrator and Finance Director are hereby authorized to execute all documents and take all steps necessary to effectuate this resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 14`h day of March 2016. Trustee Trustee Trustee Trustee Trustee Trustee Grear Minx Pietron Ramos Thill Witko APPROVED by me this 14`h day of March 2016, Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 15`h day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16 -19 AUTHORIZING THE ANNUAL JULY 4 PARADE AND CLOSURE OF DEMPSTER STREET Introduced: March 14, 2016 Synopsis: This resolution will authorize the 2016 July 4 Parade on Dempster Street, Route 58, at 2:30 pm on Monday, July 4, 2016, which will require the closing of Dempster Street, Route 58, either partially or completely between Central and Ferris Avenues between 2:00 pm and 4:30 pm Purpose: The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 2:00 pm to 4:30 pm on Monday, July 4, 2016, for the Annual July 4 Parade. Background: The July 4 Parade is a Morton Grove tradition, and each year a resolution is developed authorizing the parade and assuming full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. Programs, Departments Public Works — Placement of barricades and directional information or Groups Affected Police Department— Enforcement and traffic control Fiscal Impact: Overtime associated with above activities Source of Funds: General Fund dollars will be used to support the manpower and equipment costs Workload Impact: All Village Departments will provide their usual support for this activity Administrator Approval Recommendation: First Reading: None required Special Considerations or None Requirements: Respectfully submitted:�� Ralph E. Cze inski, illa g e Administrator Prepared by Reviewed by t e, Public Works Director Teresa H iston, Corporation Counsel RESOLUTION 16 -19 FOURTH OF JULY PARADE CLOSURE OF DEMPSTER STREET WHEREAS, the Morton Grove Days Commission is planning a parade as part of its annual celebration on Monday, July 4, 2016, at 2:30 p.m.; and WHEREAS, the parade will require the closing of Dempster Street, either partially or completely between Central Avenue and Ferris Avenue from approximately 2:00 p.m. to 4:30 p.m.; and WHEREAS, the State of Illinois requires the Village to assume all responsibility and liability involved in closing of said State Route. 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 Public Works Director will file an application with the Illinois Department of Transportation for the closing of Dempster Street on Monday, July 4, 2016, from 2:00 pm to 4:30 pm. SECTION 3: The Village will assume full responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said State Route. It is further agreed that efficient, all weather detours will be maintained, conspicuously marked and judiciously police patrolled for the benefit of traffic deviated from the State Route. PASSED THIS 14`x' DAY OF March 2016. Trustee Trustee Trustee Trustee Trustee Trustee Grear Marcus Pietron Thill Toth Witko APPROVED by me this 14th day of March 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15th day of March 2016, Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois