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Home My WebLink About2015-06-22 Board AgendaVillage of a%orlon rove VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM June 22, 2015 6:00 pm (The hour between 6.•00 and 7.00 pm is set aside for Executive Session per 1-5-7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session (if requested) THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes — Regular meeting — June 8, 2015 8. Special Reports 9. Public Hearings 10. Residents' Comments (agenda items only) Richard T. Flickinger Municipal Center 6101 Capulina Avenue e Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper 11. President's Report—Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Appointment of New Village Clerk Connie Travis b. Resolution 15-41 (Introduced June 8, 2015) Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County c. Resolution 15-42 (Introduced June 8, 2015) Authorizing the Appointment of Delegates to the Northwest Municipal Conference d. Resolution 15-43 (Introduced June 8, 2015) Authorizing the Appointment of Delegates to the Intergovernmental Personnel Benefit Cooperative e. Resolution 15-44 (Introduced June 8, 2015) Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal Retirement Fund f Mayoral Update/Review 12. Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Recommendation to Adjust the Village's Natural Gas Tax, Motor Fuel Tax, and Home Rule Sales Tax to Provide Additional Revenue to the Village for Capital Projects, Further Diversify the Village's Tax Base, and Reduce Dependency on Local Property Taxes. 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) 1) Ordinance 15-10 (Introduced June 8, 2015) (Second Reading) Amending Title 6, Chapter 7 of the Municipal Code Entitled "Items Designed or Marketed for Use with Illegal Cannabis or Drugs" and Title 1, Chapter 4 Entitled "Monetary Penalties and Fines for Specific Violations and Offenses" 14. Reports by Trustees (continued) b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board ofAppeals, Building Department (Trustee Pietron) 1) Ordinance 15-06 (Introduced June 8, 2015) (Second Reading) Approving a Special Use Permit for a Library Use at 6200 Lincoln Avenue 2) Ordinance 15-07 (Introduced June 8, 2015) (Second Reading) Amending the Village's Unified Development Code (Ord 07-07) to Establish a Time Limit for the Validity of Variations Granted by the Zoning Board of Appeals c. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan (Trustee Minx) 1) Ordinance 15-08 (Introduced June 8, 2015) (Second Reading) Amending Title 7 Chapter 4 Article 7 of the Municipal Code of the Village of Morton Grove Sprinkling Regulated for Water Users 2) Resolution 15-52 (Introduced June 22, 2015) Authorizing the Annual Veterans Day Parade 3) Resolution 15-53 (Introduced June 22, 2015) Guarantee of Municipal Work Performed on State of Illinois Rights -of -Way within the Village of Morton Grove 4) Resolution 15-47 (Introduced June 22, 2015) Authorizing a Contractual Agreement with Gewalt Hamilton Associates, Inc. for Services Relating to a Long -Term Water Supply Agreement with the City of Evanston d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects (Trustee Thill) 1) Ordinance 15-11 (Introduced June 22, 2015) (First Reading) Amending Title 1, Chapter 10, Article G of the Municipal Code Entitled Business Occupation Taxes 2) Ordinance 15-12 (Introduced June 22, 2015) (First Reading) Amending Title 1, Chapter 10, Article J of the Municipal Code Entitled Local Motor Fuel Tax 3) Ordinance 15-13 (Introduced June 22, 2015) (First Reading) Amending Title 1, Chapter 10, Article E of the Municipal Code Entitled Municipal Natural Gas Use Tax and the Amendment of the Tax Collection Agreement Between the Village and Northern Illinois Gas Company 14. Reports by Trustees (continued) e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission (Trustee Ramos) f. Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services Department, Chamber of Commerce, Advisory Commission on Aging (Trustee Grear) 15. Other Business 16. Presentation of Warrants: $635,679.66 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JUNE 8, 2015 CALL TO ORDER I & Village President Dan DiMaria called the meeting to order at 6:59 p.m. in the Council II. Chambers and led the Board in the Pledge of Allegiance. III. Deputy Village Clerk Sue Lattanzi called the roll. Present were: Trustees Bill Grear, Rita Minx, John Pietron, Ed Ramos, John Thill, and Janine Witko. IV. APPROVAL OF MINUTES Regarding the Minutes of the Town HalVSpecial Meeting held on May 6, 2015, Trustee Thill moved to accept the Minutes as presented. Trustee Minx seconded the motion. Motion passed unanimously via voice vote. Regarding the Minutes of the May 11, 2015 Regular Board Meeting, Trustee Witko moved, seconded by Trustee Pietron, to accept the Minutes as presented. Motion passed unanimously via voice vote. Regarding the Minutes of the May 26, 2015 Special Meeting, Trustee Minx moved to accept the Minutes as presented, seconded by Trustee Grear. Motion passed unanimously via voice vote. V. SPECIAL REPORTS 1. Presentation Regarding Electrical Aggregation. Village Administrator pro tem Tom Friel asked to defer this to later in the meeting as the representative from the Northern Illinois Municipal Electric Collaborative (NIMEC) was not yet present. 2. Pian Commission Case PC 15-01 Requests a Special Use Permit for a "Library" Use in Accordance With Section 12-4-3D of the Unified Development Code at the Address Commonly Known as 6200 Lincdn Avenue. a. Community and Economic Development Director Nancy Radzevich presented this report to the Board. V. SPECIAL REPORTS (continued) b. Ms. Radzevich explained that the Library had purchased the building at 6200 Lincoln because the main library building at 6140 Lincoln has recently undergone major interior renovations which resulted in diminished space for some of the existing library services. The Library is seeking a Special Use Permit to use the building at 6200 Lincoln Avenue to relocate some programs and equipment. The Plan Commission originally recommended denying the Special Use request due to the lack of a professionally -done traffic study. The case came before the Village Board in April of 2015, and at that time, the Board learned that the Library had commissioned a professional engineer for a traffic/parking study. In light of this, staff recommended that the Board remand the case back to the Plan Commission for further consideration. b. Ms. Radzevich said that the Library submitted the final traffic study on May 8, 2015. Staff reviewed it and then forwarded it to the Plan Commission for consideration at their May 18, 2015 meeting. At the Plan Commission's Public Hearing, several questions were raised by the Commissioners, which were answered satisfactorily by Debra Stombres, the Library's Executive Director. No one from the public was present to ask any questions or offer any comment. The Plan Commission unanimously recommended approval of the Special Use Permit, with several conditions. c. Mayor DiMaria asked if any of the Board members had any questions regarding this case. No one had questions. 3. Plan Commission Case PC 15-03 Requests a Text Amendment to Title 12, Chapter 16 of the Municipal Code to Establish a Time Limit for the Validity of Variations Granted by the Village's Zoning Board of Appeals. a. Ms. Radzevich presented this case to the Board. b. She explained that the Village's Municipal Code establishes the Zoning Board of Appeals with powers and duties which include hearing and deciding variations from the Unified Development Code, for example, variations on the number of required parking spaces for specific uses at specific locations, on a case-by-case basis. The Munidpal Code does not, however, include a time limit by which the Applicant must exercise the granted variation. Ms. Radzevich said the Zoning Board may grant an authorized variation tom the Unified Development Code based on four standards: a. that the alleged difficulty or hardship for which the variance is being granted is caused by title and not from being created by any persons presently having an interest in the subject property; b. that the circumstances or conditions are such that strict adherence to the provision in the Code would deprive the Applicant of a reasonable use of his land. (Mere loss in value shall not justify a variation.) c. that the granting of the variation is in harmony with the general purposes and intent of the title and will not be detrimental to the public welfare or to other property or improvements in the neighborhood; and d. that the proposed variation will not impair an adequate supply of light and air to adjacent property, nor will it substantially increase congestion in the streets or increase the potential damage of fire, or endanger the public safety, or alter the character of the neighborhood. c. 2 V. SPECIAL REPORTS (continued) Ms. Radzevich said it was in standards "c" and "d" where the absence of a timeframe for the d. validity of a variance could ultimately end up having an adverse impact, because both stand- ards specifically address the potential impact the proposed variation could have on the overall neighborhood and adjacent properties. Over time, conditions on the subject property and/or on abutting properties, or within the overall neighborhood, could change, meaning the proposed variation could cause or exaggerate potential adverse impacts. Therefore, staff is recommending an Amendment to Section 12-16-3-B of the Unified e. Development Code which states "An authorized variation shall be valid for a period of no longer than one (1) year from the date of issue, unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion." Establishing timelines for owners to execute work associated with an approved variation is common; several of Morton Grove's neighboring municipalities have time limits. The proposed amendment would also bring the Village's variance procedure and timeframes in line with the current timeframes for execution of Special Use Permits and Appearance Certificates. e f. VI. Ms. Radzevich said the Plan Commission unanimously recommended approval of PC 15-03. Mayor DiMaria asked if any members of the Board had any questions. No one did. PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT 1. Assignment of Trustee Liaison Positions Mayor DiMaria announced tie new trustee liaison positions, as follows: • Trustee Greer: Police Department, Community and Economic Development Department, Fire and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View TIF. Trustee Witko will be Trustee Grear's back-up. • Trustee Minx: Natural Resources Commission, Plan Commission/Zoning Board of Appeals, Building Department. Trustee Pietron will be Trustee Minx' back-up. • Trustee Pietron: Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan. Trustee Minx will be Trustee Pietron's back-up. • Trustee Ramos: Legal, Finance Department, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects. Trustee Thill will be Trustee Ramos' back-up. • Trustee Thill: Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission. Trustee Ramos will be Trustee Thill's back-up. 3 VIII. PRESIDENT'S REPORT (continued) Trustee Witko: IT Communications, Strategic Plan Committee, Family and Senior Services Department, Chamber of Commerce, Advisory Commission on Aging. Trustee Grear will be Trustee Witko's back-up. 2. Mayor DiMaria presented Resolution 15-40, Authorizing the Appointment of a Delegate and Alternate Delegate to the Intergovernmental Risk Management Agency (IRMA). Mayor DiMaria said that Morton Grove is a member of the Intergovernmental Risk Management Agency and, as such, appoints delegates to represent the Village in IRMA matters. This resolution authorizes Finance Director Remy Navarrete to serve as the Village's delegate, with Peter Falcone serving as the alternate delegate. Trustee Minx moved to approve Resolution 15-40, seconded by Trustee Pietron. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos aye Tr. ThiII 3 Mayoral Update �tCg Tr. Pietron aY2 Lys Tr. Witko Mayor DiMaria sad that he had attended the grand reopening of the Morton Grove Public Library, and said the facility is beautiful. He encouraged all residents to use the Library. Mayor DiMaria announced that Giordano's would be reopening this month. The owner is targeting the week of June 16th to reopen. Mayor DiMaria wished the Chicago Blackhawks "Good Luck!" as the playoffs continue. IX. CLERK'S REPORT There was no report this evening. X. STAFF REPORTS A. Village Administrator: 1. Village Administrator pro tem Tom Friel gave an update on the status of the Village's water supply agreement. a. He said that Village staff—himself, Public Works Director Andy DeMonte, and Corporation Counsel Terry Liston—and outside experts have been researching and vetting the alternatives available to the Village. The "outside experts" include William Balling, special counsel from Holland & Knight, and engineers from Gewalt Hamilton. 4 X. STAFF REPORTS (continued) b. The Village's current water contract with the City of Chicago expires in December of 2018. Staff has been talking with other municipalities. Niles stands ready to be an active partner, and Park Ridge is also expressing interest. At the Spedal Meeting on May 6, 2015, Mr. Balling presented the Village's three major options: 1) to stay with the City of Chicago; 2) to purchase water from GlenviewNVilmette (this option would exdude Niles); and 3) to purchase water from Evanston. c. d. Mr. Friel thanked Glenview and Wilmette for their patience. Staff found many things attractive about option 2, but the consensus now is to go with option 3. The wholesale cost of water will be less expensive overall. Mr. Friel said that, tonight, staff is asking the Board for their support by asking the Board for a motion directing staff, including Special Counsel, consultant William Balling, and engineering consulting firm Gewalt Hamilton, to negotiate and draft a long-term agreement with Evanston for the provision of water to the Villages of Morton Grove and Niles. Trustee Ramos so moved, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Minx Tr. Ramos ay Tr. ThiII Lye Tr. Pietron ays Tr. Witko aye e. Trustee Grear asked if Niles is going to draft a long-term agreement too. Mr. Friel said no, the agreement Morton Grove drafts will be in conjundion with Niles. The agreement will have to be signed off on by both municipalities' Village Boards. 2 Presentation Regarding Electrical Aggreqation. a. b. c. Village Administrator pro -tem noted that the NIMEC representative is now present. He introduced David Hoover of NIMEC to give the Board an update on the Village's electrical aggregation program. Mr. Hoover said that electrical aggregation is a program that allows municipalities to negotiate electricity rates on behalf of their residents. Morton Grove has taken part in the program since 2012 and has saved the average homeowner about $282 in total. Last time the program renewed, the Village entered into a three-year contract with FirstEnergy. Prices in the market- place have now dropped. Fortunately, the Village has a provision in its contract allowing it to cancel the current contract and rebid it, so NIMEC went out for a fresh bid. The current negotiated amount is $.0784 cents per kilowatt hour; Mr. Hoover said the Village received a bid from Dynergy for a two-year rate which would be $.06751 cents per kilowatt hour in Year 1 and $.06386 cents per kilowatt hour in Year 2. This is a 15% reduction from the Village's current rate, and would save residents about $100 annually in electridty costs. Mr. Hoover said that NIMEC is recommending that the Village enter into a two-year contract with Dynergy. Mayor DiMaria asked what ComEd's current rate is. Mr. Hoover said it's hard to say because its a moving target, but he estimated it to be $.0715 cents per kilowatt hour. The Village is now paying more than what ComEd charges. Mr. Hoover said that Dynergy is a well-respected company with good rates. 5 Minutes of March 23, 2015 Board Meetin X. STAFF REPORTS (continued) Electrical Aggregation Report (continued) d. Trustee Grear clarified that if the Village enters into a contract with Dynergy, residents won't need to do anything, unless they want to opt out. Mr. Hoover said that is correct; residents will receive a postcard to complete and mail in if they want to drop out of the Village -negotiated rates with Dynergy. e. Trustee Thill asked how all these companies come up with such different rates. Mr. Hoover said there are a lot of variables in rate -setting, for example, some companies have their own generators, some companies have different margins, etc. It all factors into the rate they set. f. Trustee Thill asked if the Village could target a certain percentage to be "green" energy. Mr. Hoover said the Village could do that, but it would cost more. Trustee Thill said it's something to think about for the future. B. Corporation Counsel: Corporation Counsel Liston had no report. XI. TRUSTEES' REPORTS A. Trustee Grear: 1. Trustee Grear introduced for a first reading Ordinance 15-10, Amending Title 6, Chapter 7 of the Municipal Code Entitled "Items Designed or Marketed for Use With Illegal Cannabis or Drugs" and Title 1, Chapter 4 Entitled "Monetary Penalties and Fines for Specific Violations and Offenses." a. b. He explained that Village staff periodically reviews Village codes and ordinances to ensure they are in compliance with State statutes and current practices. A significant number of court prosecutions for the offense of possessing a small amount of illegal cannabis are often dismissed, resulting in limited to no deterrent effect, and consuming police and prosecutor resources. This ordinance will allow for the prosecution of possession of small amounts of illegal cannabis as a local ordinance violation resulting in fines between $100—$750, and will authorize the local adjudication hearing officer to require offenders to perform community service and/or attend drug education training as part of said penalty. Trustee Grear said that many of our neighboring municipalities have ordinances of this type. This ordinance also covers sales and delivery of illegal cannabis to minors and gatherings of minors. Since this is a first reading, no action will be taken tonight. c. Trustee Thill said he read an article in the Chicago Tribune which said that Illinois will likely legalize cannabis in the future. d. Police Chief Mike Simo said that if/when that happens, the Village can revisit its ordinance. e. Trustee Pietron asked if this would apply to medical marijuana. Chief Simo said it would have no impact on people using medical marijuana. 6 Minutes of March 23 2015 Board Meeting Xl. TRUSTEES' REPORTS (continued) A. Trustee Grear: (continued) f. Trustee Thill commented that it didn't seem fair that if someone incurs a violation of the animal control ordinance, the first violation carriesa fine starting at $150, while someone in possession of .1 to 9.9 grams of illegal cannabis can be fined as little as $100. Corporation Counsel Liston noted that Trustee Thill had a point, but that this is not the matter before the Board right now. Trustee Thin noted that it was part of this ordinance. Ms. Liston said that, when part of a section of the Village's Municipal Code is being updated, the whole section is given to the Board, with the updated portion shown in bold, and any deletions shown as strike-throughs. She said she would take a look at the "penalties" section and get back to Trustee Thill and the Board. g. 2. Trustee Grear gave a shout -out to the 18 Morton Grove residents who graduated from the Village's first Citizens Academy police training. This 10 -week program ended June 2. He gave special thanks to the instructors who ran the program, and thanked Chief Simo for bringing this new program to Morton Grove. B. Trustee Minx: 1. Trustee Minx presented for a first reading Ordinance 15-06, Approving a Special Use Permit for a Library Use at 6200 Lincoln Avenue. 2. 3. She explained that this is pursuant to Plan Commission Case PC 15-01, which was explained in detail earlier this evening by Director Radzevich. As this is the first reading of Ordinance 15-06, no action will be taken this evening. Next, Trustee Minx introduced Ordinance 15-07, Amending the Village's Unified Development Code (Ord. 07-07) to Establish a Time Limit for the Validity of Variations Granted by the Zoning Board of Appeals. This is the first reading of Ordinance 15-07. Trustee Minx explained that this is pursuant to Plan Commission Case PC 15-03, which was reported out in detail earlier this evening by Director Radzevich. As this is the first reading of Ordinance 15-07, no action will be taken this evening. Trustee Minx gave a shout out to the police officers who took part in this year's Special Olympics Torch Run. This is the single largest fundraising effort for Special Olympics, raising $28 million dollars to date. Trustee Minx said that, nationally, 3,000 police officers participated, carrying the Flame of Hope for 1,500 miles. The Torch Run came through Morton Grove down Dempster Street. Chief Mike Simo, Commander Mike Weitzel, Commander Paul Yaras, and Officer Jurasz, along with Kimmy and Lenny Yaras, participated in this year's Torch Run. 7 inutes of March 23, 2015 Board Meeting Xl. C. Trustee Pietron: Trustee Pietron had one ordinance to present, as well as a number of resolutions: TRUSTEES' REPORTS (continued) 1. Resolution 15-45, Authorizing the Execution of a Contract With Schroeder Asphalt Services, Inc. for the 2015 Street Improvement Program. a. He explained that the 2015 Street Improvement Program is necessary to maintain the quality, drainage, and drivability of the streets in the Village. Nineteen bid packages were mailed out and four bids were submitted, with Schroeder Asphalt Services, Inc. of Huntley, Illinois being the lowest responsible bidder in the amount of $1,267,433.25, which is $99,736.75 lower than the Village Engineer's cost estimate. Public Works staff is recommending a slight change in the list of 24 streets to be included in the program, which will result in an estimated contract amount of $1,231,033.23. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. b. Funding will come from the 2015 General Obligations bonds, which allocated $3,300,000 for street improvements in 2015-2017. Trustee Pietron moved to approve Resolution 15-45, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Pietron ave Tr. Ramos gat Tr. Thill Lys. Tr. Witko ave c. Trustee Grear asked if the list of streets would be posted on the Village's website. Mayor DiMaria said they would be. Public Works Director Andy DeMonte commented that people who live on the affected streets would also receive notification. d. Trustee Thill asked whether the Village would be adding more streets, since the bid amount was so much less than anticipated. Mr. DeMonte said that the savings will be "banked" and used for street improvements in the 2016 Budget. 2. Next, the first reading of Ordinance 15-08, Amending Title 7, Chapter 4, Article 7 of the Municipal Code of the Village of Morton Grove Sprinkling Regulated for Water Users. a. Trustee Pietron said that this ordinance will revise the existing ordinance as mandated by the amended Illinois Department of Natural Resources, Lake Michigan Water Allocation Rules and Regulations, November 18, 2014. b. The following language will be added to Title 7, Chapter 4, Article 7 of the Munidpal Code: "Lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur in the middle of the day between the hours of 11:00 a.m. and 6:00 p.m. and 11:00 p.m. and 5:00 a.m. on each and every calendar day. Sprinkling shall be permitted on odd/even days. Properties with even -numbered street numbers (i.e., numbers ending in 0, 2, 4, 6, or 8) may sprinkle on even -numbered calendardays between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m. Properties with odd -numbered street numbers (Le., those ending in 0, 1, 3, 5, 7, or 9) may sprinkle on odd -numbered calendardays between the hours of 5:00 a.m. 8 XI. TRUSTEES' REPORTS (continued) C. Trustee Pietron: (continued) c. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m."Also added will be: "New/replacement sprinkler systems shall be equipped with a Water Sense labeled irrigation controller and shall be in compliance with Section 2.5(g) for the Illinois Plumbing License Law (225/LCS320)." d. Trustee Pietron asked Mr. DeMonte to elaborate on this. Mr. DeMonte said that the Illinois Department of Natural Resources controls the Village's water allocation from Lake Michigan. The time period during which residents can water their lawn hasn't changed, but what is new is the odd/even stipulation. e. Trustee Minx noted that "0" appears in both the odd -number category and the even -number category. Mr. DeMonte said he would get that fixed before the next Board meeting. f. Mayor DiMaria said the Village newsletter will carry an article about this so that residents can be aware of the odd/even days' watering schedule. As this is the first reading of Ordinance 15-08, no action will be taken this evening. 3. Resolution 15-46, Authorizing the Execution of a Contract with the State of Illinois for Maintenance of Various State Routes Within the Municipal Corporate Boundaries. Trustee Pietron explained that, in July of 2005, the Village and IDOT entered into a 10 -year agreement that provided for the routine maintenance of selected sate routes throughout the Village. The agreement expires June 30, 2105. The new 10 -year agreement will be renewed in twelve-month increments, with an initial compensation to the Village of $104,762. Compensation to the Village will be adjusted annually based on the Construction Cost Index published by Engineering News Records. The July 1, 2015 -June 30, 2016 agreement is a 2.71% increase from last year. a. b. Trustee Pietron moved to approve Resolution 15-46, seconded by Trustee Witko. Trustee Thill asked which streets were included, other than Dempster. Mr. DeMonte said Oakton, some of Lehigh Avenue, some of Lincoln Avenue, some of Caldwell, and Waukegan Road. He added that the agreement covers minor repairs (i.e., pot holes) and street cleaning/snow removal. Mayor DiMaria called for the vote on Resolution 15-46. Motion passed: 6 ayes, 0 nays. Tr. Grear Ry2 Tr. Minx Tr. Ramos aye Tr. Thill Tr. Pietron Lys Tr. Witko awe, 4. Resolution 15-48, Authorizing the Execution of a Contract With Bulk Storage, Inc. for the Public Works Salt Dome Replacement Project. a. Trustee Pietron said that the Village's existing salt dome is more than 30 years old and shows significant signs of deterioration. 9 Minutes of March 23, 2015 Board Meeting XI. TRUSTEES' REPORTS (continued) C. Trustee Pietron: (continued) b. An engineering consultant inspected the facility in 2008 and recommended replacing the whole structure. Public Works needs a new facility to have a wooden dome structure, interior and exterior lighting, calcium chloride filling station, salt brine filling station, and a concrete loading ramp. They researched and investigated design and construction of salt storage buildings in the Chicagoland area and Midwest region and concluded a design -build projed delivery method is the predominant process used in this specialized area of building construction. This differs from the usual method of hiring an architect/engineerto design the building, competitively bidding the project, and hiring a contractor to construct the building. Public Works staff requested proposals for design -build delivery in early April and received two proposals in early May. Both proposals were reviewed, with Public Works staffs preference being the proposal submitted by Bulk Storage, Inc. of Beecher, Illinois. They negotiated a final proposal with refined terms that suit both parties. It is reasonable to expect the possibility of unforseeable changes during construction, and Public Works staff considers an amount of 10 percent of the proposal amount to be a practical limit for contingency costs. c. Trustee Pietron said the proposal is in the amount of $490,455. The 2015 General Obligation Bonds contain an allocation of $600,000 for the Public Works Salt Dome Replacement. The Village also anticipates funding assistance through the consolidation of previously unused state grant awards. These funds will be reimbursed to the Village after the passage of pending state legislation. Trustee Pietron moved to approve Resolution 15-48. Trustee Minx seconded the motion. d. Trustee Thill asked if there was a completion date in the contract. Mr. DeMonte said he thought it was to be completed by the end of October, but said that, realistically, if it goes a couple weeks past that, the Village will still be okay. 5. Mayor DiMaria called for the vote on Resolution 15-48. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos Tr. Thill Eyg gig Tr. Pietron aye Tr. Witko awe Resolution 15-49, Authorizing the Purchase of a Used Semi Tractor from Central Illinois Truck Group, Inc. a. This resolution will authorize the purchase of a used Semi Tractor to replace an existing 1973 Mack semi -tractor with a newer used vehicle of similar specifications. Four RFPs were sent out and five were received (including two separate responses from the same dealership) with favorable results. The cost of the new (used) semi tractor is $46,000, which includes a trade-in credit of $2,500. Trustee Pietron moved, seconded by Trustee Grear, to approve Resolution 15-49. Motion passed: 6 ayes, 0 nays. Tr. Grear gyg Tr. Minx Tr. Ramos aye Tr. Thill pyg Tr. Pietron gyg Tr. Witko gyp. 10 Minutes of March 23,2015 Board Meeting XI. TRUSTEES' REPORTS (continued) C. Trustee Pietron: (continued) 6. Lastly, Resolution 15-50, Authorizing the Execution of a Contract with Perfect Cleaning Service, Inc. for Janitorial Cleaning Services. a. Trustee Pietron said this resolution will authorize a contract with Perfect Cleaning Service, Inc. for janitorial cleaning services. It was bid through a public process, with the bid deemed to be in the best interest of the Village coming in at $36,650. The budgeted amount is $63,085. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. b. Trustee Pietron moved to approve Resolution 15-50, seconded by Trustee Thill. Trustee Grear asked if this was for all the municipal buildings—public works, the police department, fire department, and Civic Center. Trustee Pietron confirmed that it is. Mayor DiMaria called for the vote on Resolution 15-50. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx aye Tr. Ramos gy2 Tr. Thill aYe D. Trustee Ramos: Tr. Pietron Eva Tr. Witko aye 1. Trustee Ramos presented for a first reading Ordinance 15-09, Establishing the Prevailing Rate of Wages for Laborers, Mechanics, and Other Workers in the Village Employed in Performing Construction of Public Works for the Village. a. b. c. He explained that the Village must comply with the requirements of the Illinois Prevailing Wage Act, which requires a contractor and subcontractor to pay laborers, workers, and mechanics employed on public works projeds no less than the general prevailing rate of wages as estab- lished by the Village. "Public works" is defined by the Act to mean all fixed works constructed by any public body or paid for wholly or in part out of public funds. Trustee Ramos noted that a request had been made by staff to waive the second reading of this ordinance. Trustee Pietron moved to waive the second reading, seconded by Trustee Thill. Trustee Grear asked for the reason behind the request to waive the second reading. Ms. Liston said that doing so will allow submission of this ordinance to She Illinois Department of Labor and publication of the prevailing wage rates in a timely manner. Mayor DiMaria called for the vote on the motion to waive the second reading of Ordinance 15-09. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Minx kya Tr. Ramos ave Tr. Thill �e Tr. Pietron Tr. Witko 11 Minutes of March 23, 2015 Board Meeting XI. TRUSTEES' REPORTS (continued) D. Trustee Ramos: (continued) Trustee Ramos then moved to adopt Ordinance 15-09, seconded by Trustee Grear. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos gyg Tr. Thill gyg Lyg Tr. Pietron Tr. Witko kye 2. Next, Trustee Ramos presented Resolution 15-51, Authorizing a Contract fora Power Supply Agreement for the Purchase of Electricity and Other Related Services. a. He said that, pursuant to the presentation earlier this evening on the Village's electrical aggregation program, this resolution authorizes the Village Administrator to enter into a new contract with a supplier to provide electridty and related services to all eligible customers who choose not to opt -out of the program. b. Trustee Ramos said there is no guarantee as to savings, but it is anticipated that residents and small businesses will see a cost savings on their electrical supply. c. Trustee Ramos moved to approve Resolution 15-51, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear Lya Tr. Minx Tr. Ramos aye Tr. Thill paq Tr. Pietron Tr. Witko a1L Trustee Ramos commented that this is a "win/win" for both the Village and its residents/small businesses. He encouraged everyone to participate in the electrical aggregation program. E. Trustee Thill: 1. Trustee Thill had no formal report, but encouraged residents to recycle, noting that, in 2009, Morton Grove received over $52,000 from the Solid Waste Agency of Northern Cook County (SWANCC) for its recycling efforts. However, in 2014, the Village received less than $14,000, due in part to the fact the commodities are down, but also because Morton Grove recycled 300 tons LESS than in 2009. a. Trustee Thill emphasized the importance of recycling, not only to the environment, but to the Village, and the impact recycling has on our tax bills. b. Trustee Thill noted that it's now mosquito season, and asked that residents take some time to clean out their gutters and check their yards to ensure there is no standing water around for mosquitoes to breed. 12 XI. TRUSTEES' REPORTS (continued) F. Trustee Witko: 1. Trustee Witko had no formal report, but announced that the Morton Grove Historical Society will be open every weekday from 11:00 a.m. to 3:00 p.m. through October 17, 2015. They will also be open from 9:00 a.m. to noon every Saturday during the Farmer's Market season. 2. Trustee Witko said the Historical Society is holding a raffle for VIP seating at this year's fire- works. Only 200 tickets will be sold. Tickets are $10 each or 3 for $25. Interested residents should call Melssa at 847-965-0203. XII. OTHER BUSINESS NONE XIII. WARRANTS Trustee Ramos presented the Warrant Register for May 25, 2015, in the amount of $815,527.00. and for June 8, 2015 in the amount of $588,904.43, for a grand total of $1,404,431.43. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear gyg Tr. Minx Tr. Ramos ayg Tr. Thill gig Tr. Pietron Lys Tr. Witko gyg XIV. RESIDENTS' COMMENTS 1. Georgianne Brunner invited the Board and the assemblage, and residents at home or work, to attend the Morton Grove Days festivities, from July 2 through July 4, 2015. a. The carnival will be cpen from 4:00 p.m. to 11:00 p.m. all three days. Mega -passes are good for unlimited rides for all three days. They are available online, at Village Hall, or at Prairie View Center for $60 until July 1. After that, they will cost $70. b. The entertainment pavilion will be open from 5:00 p.m. to 11:00 p.m. and will feature an assortment of tribute bands this year. c. The parade will kick off at 2:30 p.m. on Saturday, July 4'", and the best fireworks show on the North Shore will commence at 9:45 p.m., also on July 4. d. Mrs. Brunner said that Culver's is hosting a fundraiser for Morton Grove Days on June 17 from 5:00 p.m. to 8:00 p.m. She encouraged everyone to go in and mention Morton Grove Days; a percentage of all sales will be donated to the festivities. Mrs. Brunner said that Morton Grove Days is really in need of volunteers and is still accepting sponsors. She thanked the American Legion and the Moose for their generosity. 13 inutes of March 23, 2015 Board Meeting XIV RESIDENTS' COMMENTS (continued) 2. Nancy Lanning said she was proud to be a recent graduate of the Citizens Academy and said that residents "don't have a clue" what the Police Department does. She said that every class held their interest, and hoped that more residents would participate in the next session. XV. Mayor DiMaria thanked Mrs. Lanning for her participation. ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx Lys Tr. Ramos Rye Tr. Thill The meeting adjourned at 7:59 p.m. PASSED this 22nd day of June, 2015 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 22nd day of June, 2015 Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 23rd day of June, 2015. Connie Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Tr. Pietron ayg. Tr. Witko aya Minutes by: Teresa Causar 14 Legislative Summary Resolution 15-41 APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 22, 2015 To authorize a representative to the Solid Waste Agency of Northern Cook County (SWANCC). The Village of Morton Grove, as a member of SWANCC is entitled to appoint a Director to serve on the Agency's Board. The Board of Directors approves the yearly budget for the Agency, and sets policy for the region's long term plan to manage the area's garbage. SWANCC is a unit of local government and a non-profit corporation which was formed by 23 municipalities in northern Cook County in 1988. In 1999, SWANCC developed a long term plan to manage the region's garbage that is directed by the SWANCC Board of Directors. Each year the Village appoints a Director and Alternate Director(s) to SWANCC to represent the Village's interest. The Village Board has selected Trustee John Thill as the Village's Director and Trustee John Pietron and Village Administrator Pro Tem Thomas J. Friel as its Alternate Directors. Administration, Finance, and Public Works Departments None N/A Trustee Thill's, Trustee Pietron's and Mr. Friel's appointment to the Board of Directors will be supported by the Finance Department, and Director of Public Works as part of their normal work load. Approval as presented Not Required None Prepared and Respectfully Submitted by: Teresa Hoffma is .n, Corporation Counsel RESOLUTION 15-41 APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE SOLID WASTE AGENCY OF NORTHERN COOK COUNTY 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 Solid Waste Agency of Northern Cook County (SWANCC) is a unit of local government and a non-profit corporation which was formed by 23 municipalities in northern Cook County in 1988; and WHEREAS, in 1999 SWANCC developed a long term plan to manage the region's garbage that is overseen by the SWANCC Board of Directors; and WHEREAS, the SWANCC Board of Directors is comprised of representatives of member communities including Morton Grove which are appointed by each community on a yearly basis; and WHEREAS, the President and Board of Trustees of the Village of Morton Grove wish to appoint Trustee John Thill as the Village's Director on the SWANCC Board of Directors; and appoint Trustee John Pietron and Village Administrator Pro Tem Thomas J. Friel as its Alternate Directors. 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 of Morton Grove as a member of the Solid Waste Agency of Northern Cook County and, pursuant to the SWANCC Agreement establishing the Solid Waste Agency of Northern Cook County, is entitled to appoint a Director and one or more Alternate Director(s) to the Board of Directors of SWANCC. SECTION 3: The President and Board of Trustees appoint Trustee John Thill as the Village's Director on the Board of Directors of SWANCC and appoints Trustee John Pietron and Village Administrator Pro Tem Tom Friel as its Altemate Directors, in each case for a term expiring December 31, 2016, or until his/her successor is appointed. SECTION 4: This Resolution shall be in full force and effect from and after its adoption. PASSED THIS 22nd day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 22nd day ofJune 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 23`d day ofJune 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 15-42 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE NORTHWEST MUNICIPAL CONFERENCE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 22, 2015 To authorize the appointment of a delegate and alternate delegates to the Northwest Municipal Conference (NWMC). NWMC requires the appointment of a delegate and alternate(s) to the NWMC Board. The Village is a member of the Northwest Municipal Conference (NWMC). The Mayor is the delegate and if he is unable to attend and represent the Village in NWMC Board matters, alternate delegates are needed to represent the Village This resolution designates the Village Administrator Pro Tem and a selected Village Trustee as the alternate delegate(s). Administration and Legislation Departments. Not applicable. Not applicable. Participation in the NWMC is performed as part of normal work activities. Approval as presented. Not required. None. Prepared by and Respectfully Submitted: Teresa Hoff iston, Corporation Counsel RESOLUTION 15-42 AUTHORIZING THE APPOINTMENTS OF DELEGATES TO THE NORTHWEST MUNICIPAL CONFERENCE 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 adopted the contract and by-laws of the Northwest Municipal Conference by ordinance and thereby became a member; and WHEREAS, said participation at the monthly Northwest Municipal Conference Board meetings allows for one voting delegate to vote on behalf of the municipality which shall be the Mayor. In the absence of Mayor Daniel P. DiMaria, the Village Administrator and/or a designated Village Trustee may cast a vote for the municipality. NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Thomas J. Friel, Village Administrator Pro Tem and Trustee Bill Grear of the Village of Morton Grove are hereby appointed to represent the Village of Morton Grove on the Board of the Northwest Municipal Conference commencing on June 23, 2015. BE IT FURTHER RESOLVED that Thomas J. Friel, Village Administrator Pro Tem, of the Village of Morton Grove and/or Trustee Bill Grear are hereby selected as alternative delegates to serve if Mayor Daniel P. DiMaria is unable to carry out his aforesaid duties as the delegate of the Village of Morton Grove to the Northwest Municipal Conference Board. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 22"d day of June 2015. PASSED THIS 22"d day ofJune 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 22nd day of June 2015. ATTESTED and FILED in my office this 23`d day of June 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 15-43 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 8, 2015 This resolution will authorize the continued membership in the Intergovernmental Personnel Benefit Cooperative (IPBC). To continue providing cost effective health and life insurance benefits to Village employees. The Village has been a member of the Intergovernmental Personnel Benefit Cooperative for several years. Delegates are needed to represent the Village in IPBC matters. This resolution designates the Village Administrator Pro Tem and Finance Director/Treasurer as Village representatives. Administration and Finance Departments Not applicable Not applicable The Village Administrator Pro Tem and Finance Director/Treasurer will implement and administer the procedures already established for the cooperative program during the course of normal daily activities. Approval as presented Not required None Prepared and Respectfully Submitted by: ' / rd> Teresa Ho r . `piston, Corporation Counsel RESOLUTION 15-43 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE 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 Intergovernmental Personnel Benefit Cooperative (IPBC) is an association of numerous units of local government which administer some or all of the personnel benefit programs offered by its member units for their respective officers and employees; and WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Intergovernmental Personnel Benefit Cooperative by ordinance and thereby became a member of said cooperative; and WHEREAS, the Village of Morton Grove as a participating member is authorized to designate persons who shall act as delegates to the IPBC; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator Pro Tem Thomas J. Friel is hereby designated to act as the Village of Morton Grove's delegate to the IPBC, and the Finance Director Remy Navarrete is hereby designated as the alternative delegate, and said delegate and alternative delegate are hereby authorized to represent the Village of Morton Grove at various meetings of the Intergovernmental Personnel Benefit Cooperative. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 22nd DAY OF JUNE 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 22"d DAY OF JUNE 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois AT 1 ESTED and FILED in my office This 22"d DAY OF JUNE 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 15-44 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 22, 2015 To authorize the appointment of a delegate and alternate delegate to the Illinois Municipal Retirement Fund (IMRF). IMRF requires the Village adopt a resolution to designate its representatives to this Agency. The Village is a member of the Illinois Retirement Fund (IMRF). Delegates are needed to represent the Village in IMRF matters. This resolution designates the Finance Director/Treasurer and Village Administrator Pro Tem as Village representatives. Administration and Finance Departments. Not applicable. Not applicable. The management of this fund is performed by the Finance Department and the Administration Department as part of their normal work activities. Approval as presented. Not required. None. Prepared and Respectfully Submitted by: Teresa Hoff a iston, Corporation Counse RESOLUTION 15-44 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Illinois Municipal Retirement Fund by ordinance and thereby became a member of said cooperative; and WHEREAS, said contract provides that member units of local government shall, by majority vote of its corporate authorities, select one (1) person to represent that body on the Board of Directors of said Illinois Municipal Retirement Fund. NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Thomas J. Friel; Village Administrator Pro Tem of the Village of Morton Grove is hereby appointed to represent the Village of Morton Grove on the Board of Directors of said Illinois Municipal Retirement Fund commencing on June 23, 2015. BE IT FURTHER RESOLVED that Remy Navarrete, Finance Director/Treasurer, of the Village of Morton Grove is hereby selected as the alternative representative to serve if Thomas J. Friel is unable to carry out his aforesaid duties as the representative of the Village of Morton Grove to said Illinois Municipal Retirement Fund. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 22nd day of June 2015. PASSED THIS 22"d day ofJune 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 22nd DAY OF JUNE 2013. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 23rd day ofJune 2013. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 15-10 AMENDING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED "ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS" AND TITLE 1, CHAPTER 4 ENTITLED "MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES" Introduced Synopsis Purpose Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: kdministrator Approval T June 8, 2015 This Ordinance will amend Title 6, Chapter 7 to the Municipal Code and will also add monetary penalties for violations associated with illegal cannabis and drugs. To allow for local ordinance prosecution relating to the possession of small amounts of illegal cannabis. Village staff periodically reviews Village codes and ordinances to ensure they are in compliance with state statute and current practices. A significant number of court prosecutions for the offense of possessing a small amount of illegal cannabis are often dismissed resulting in Limited to no deterrent effect and consuming police and prosecutor resources. This ordinance will allow for the prosecution of possession of small amounts of illegal cannabis as a local ordinance violation resulting in fines between $100 to $750 and will authorize the local adjudication hearing officer to require offenders to perform community service and/or attend drug education training as part of said penalty. Police enforcement practices Not applicable. Not applicable. The implementation of this ordinance will be performed by the Police Department, Administration and Legal Departments as part of their normal workload. Approval as presented. Required — Code Amendment None Prepared by: Teresa Ho dministrator Pro Tem ston, Corporation Counsel Reviewed by: Michael Simo, Chi < of Police ORDINANCE 15-10 UPDATING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED "ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS" AND TITLE 1, CHAPTER 4 ENTITLED "MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES" WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, a significant number of court prosecutions for the offense of possessing a small amount of illegal cannabis are dismissed and therefore have a limited deterrent effect, in addition to consuming police and prosecutor resources without a corresponding public benefit; and WHEREAS, the option to prosecute such offenses as a local ordinance violation in situations not involving aggravating factors will free up police resources and may result in a more deterrent effect; and WHEREAS, staff has reviewed and is suggesting Title 6, Chapter 7 currently entitled Items Designed or Marketed for Use with Illegal Cannabis or Drugs be updated with a new Title 6, Chapter 7 to be entitled Cannabis and Drug Paraphernalia which will better serve the Village; and WHEREAS, Title 1, Chapter 4 be updated to include monetary penalties for violations relative to the above mentioned chapter for offenses referenced therein; and WHEREAS, the proposed amendment is in the Village's best interest. 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 6, Chapter 7, entitled Items Designed or Marketed for Use with Illegal Cannabis or Drugs is hereby repealed and a new Title 6, Chapter 7 entitled Cannabis and Drug Paraphernalia will be added to read as follows: Chapter 7 CANNABIS AND DRUG PARAPHERNALIA SECTION: 6-7-1: Possession of Cannabis or Cannabis Infused Products 6-7-2: Items Designed or Marketed for Use with Illegal Cannabis or Drugs 6-7-1: POSSESSION OF CANNABIS OR CANNABIS INFUSED PRODUCTS: A. Definitions: 1. As used in this section, cannabis shall have the same meaning as defined in the Illinois Cannabis Control Act, 720 ILCS 550/3, as may be amended. 2. As used in this section, cannabis infused products means food, oils, ointments, or other products containing usable cannabis that are not smoked. 3. Usable cannabis is defined as the seeds, leaves, buds, and flowers of the cannabis plant, but not the stalks and roots of the plant. B. Possession: 1. It shall be a violation of this section for any person to knowingly grow, possess, sell, give away, barter, exchange, distribute, or administer up to thirty (30) grams of any substance containing cannabis except as specifically permitted by Illinois law. 2. It shall be a violation of this section for any person to produce, possess, sell, give away, barter, exchange, distribute, or administer any cannabis infused products containing up to thirty (30) grams of usable cannabis except as specifically permitted by Illinois law. C. Minors: It shall be unlawful to sell or give items containing up to thirty (30) grams of cannabis as defined in 720 ILCS 550/3 to any minor under twenty-one (21) years of age. D. Responsibility of Owner or Occupant It shall be a violation of this section if any person who has ownership or control of any motor vehicle, watercraft, room, dwelling, shed, garage, yard, or other area to knowingly permit one or more persons under twenty-one years of age (21) to assemble or be assembled in these defined areas while said persons are in possession of any cannabis or cannabis infused products. 6-7-2: ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS: A. License Required: It shall be unlawful for any person or persons as principal, clerk, agent, or servant to sell any items, effect, paraphernalia, accessory, or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by the Illinois Compiled Statutes, without obtaining a license therefore. Such licenses shall be in addition to any or all other licenses held by the applicant. B. Application: Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall, in addition to any other requirements of this Village, be accompanied by affidavits by the applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug related offense. C. Minors: It shall be unlawful to sell or give items as described in subsection A of this section in any form to any male or female child under eighteen (18) years of age. Records: Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this record shall be open to the inspection of any peace officer or code enforcement officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee or agent of the licensee's signature. Such records shall be retained for not less than two (2) years. E. Regulations: The applicant shall comply with all applicable regulations of the police department. F. Penalty: In addition to any other penalties contained in this code for violation of this section, conviction of a violation of the section by any person, firm or corporation holding a business license in the Village or by any agent or employee of such license holder, shall result in the revocation of such business license and shall be deemed cause for failure of the Village to renew said business license. (Ord. 82-10, 3-22-1982; Ord 13- 16,11-11-13) SECTION 3: Title 1, Chapter 4, entitled Monetary Penalties and Fines for Specific Violations and Offenses is hereby updated to include monetary penalties for violations relative to cannabis and drug paraphernalia which shall read as follows: 1-4-2: MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES: The minimum and maximum monetary penalty for violations of the following Code sections, or offenses referenced therein shall be as follows: Code Section 4-3-14F 4-3-20C9a 4-3-20C9a 4-3-20C9a Description of Violation Failure to post surgeon general warning sign Finding of guilty by local liquor control commission - first violation Finding of guilty by local liquor control commission - second violation Finding of guilty by local liquor control commission - third violation 4-3-21C Sale of alcohol without license - first violation 4-3-21C Sale of alcohol without license - second violation 4-3-21C 4-3-21 D False statement in attempt to obtain liquor license - first violation Sale of alcohol without license - third violation 4-3-21D False statement in attempt to obtain liquor license - second violation 4-3-21D False statement in attempt to obtain liquor license - third violation 4-3-21E Underage purchase, etc., of alcohol 4-3-21F All other violations of liquor control act by nonlicensee 4-3-21 G All other violations of liquor control act by licensee - first violation Penalty $20.00 - $100.00 $25.00 - $1,000.00 and/or suspension and revocation of licenses and payment of fees and costs $50.00 - $2,500.00 and/or suspension and revocation of licenses and payment of fees and costs $75.00 - $5,000.00 and/or suspension and revocation of licenses and payment of fees and costs $100.00 - $1,000.00 ' $250.00 - $1,500.00 $500.00 - $2,500.00 $75.00 - $500.00 $250.00 - $1,500.00 $500.00 - $2,500.00 $75.00 - $1,000.00 $100.00 - $5,000.00 $100.00 - $1,000.00 4-3-21G All other violations of liquor control act by licensee - second violation 4-3-21G All other violations of liquor control act by licensee - third and subsequent violations $150.00 - $1,500.00 $500.00 - $2,500.00 4 -5A -9A Violations of tobacco dealers - first violation $200.00 - $750.00 4 -5A -9B Violations of tobacco dealers - second violation $350.00 - $1,000.00 and/or 1 to 10 day suspension 4 -5A -9C Violations of tobacco dealers - third and $500.00 - $2,500.00 and/or 10 subsequent violations to 60 day suspension 4-5A-9 Sale of tobacco without a license $500.00 - $2,500.00 4-15-3 Violations of garage and yard sales $20.00 - $750.00 5-1-3D Motor vehicle immobilization, towing and $100.00 impoundment fees 5-1-3E Administrative fees related to immobilization, $500.00 towing, and impoundment 5-2A-8 Violations of automated traffic law enforcement $100.00 paid within 30 days; system $200.00 paid after 30 days 5-4-10-1D Violations of motor driven scooter - first $50.00 - $100.00 violation 5-4-10-1D Violations of motor driven scooter - second $100.00 - $750.00 violation 5-4-16 Violations of railroad crossing regulations $250.00 - $750.00 5-4-18D Driving while under the influence of alcohol, $250.00 - $2,500.00 other drug, or combination thereof 5-4-19 Violations suitable for enforcement by $50.00 - $750.00 compliance citation 5-8-7B Violations of weight restrictions measured by weight: 5-8-7B Up to and including 2,000 pounds overweight j $100.00 5-8-7B From 2,001 through 2,500 pounds overweight $270.00 5-8-7B 5-8-7B 5-8-7B 5-8-7B 5-8-7B From 2,501 through 3,000 pounds overweight $330.00 From 3,001 through 3,500 pounds overweight $520.00 From 3,501 through 4,000 pounds overweight From 4,001 through 4,500 pounds overweight From 4,501 through 5,000 pounds overweight 5-8-7B From 5,001 or more pounds overweight 5-8-7C Violations of weight restrictions measured by license plate designation: 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C 5-8-7C H license plate designation J license plate designation K license plate designation L license plate designation N license plate designation P license plate designation Q license plate designation R license plate designation S license plate designation T license plate designation V license plate designation X license plate designation Z license plate designation $600.00 $850.00 $950.00 Fine shall be computed by assessing $1,500.00 for the first 5,000 pounds overweight; $150.00 for each additional increment of 500 pounds overweight or fraction thereof $250.00 $500.00 $1,000.00 $1,500.00 $1,750.00 $2,000.00 $2,250.00 $2,500.00 $2,750.00 $3,000.00 $3,250.00 $3,500.00 $3,750.00 5-8-7C 5-9-1A 5-9-1B 5-9-1C AP license plate designation Violations of prohibited parking $3,750.00 $30.00 - $750.00 $30.00 - $750.00 Violations of prohibited parking Violations related to parking in, by or near fire $100.00 - $750.00 hydrants, designated fire lanes, and fire department stations 5-9-2 Violations of restricted time parking $30.00 - $750.00 5-9-3 Violations of commercial and recreational 1 $30.00 - $750.00 parking 5-9-4 Violations of restricted parking areas $30.00 - $750.00 5-9-5 Violations of parking restrictions, limitations $30.00 - $750.00 5-9-6 Violations of loading zones $30.00 - $750.00 5-9-7 Violations of parking provisions for persons $250.00 - $750.00 with disabilities 5-9-9 Violations of municipal parking zones $20.00 - $750.00 5-9-10 Violations of electronic fare collection devices $20.00 - $750.00 5-12-5 Violation of snow removal section 5-12-1 of this s $30.00 - $750.00 code 5-12-5 Violation of snow removal section 5-12-4 of this $30.00 - $750.00 code 5-13F-1 Violations of no parking streets $30.00 - $750.00 5-13F-2 Violations of no parking during certain hours $30.00 - $750.00 5-13F-3 Violations of time limit parking zones $30.00 - $750.00 5-13F-4 Violations of restricted parking streets $30.00 - $750.00 5-13G-1 Violations of snow route streets $30.00 - $750.00 5-13L-1 Violations of no truck parking !, $30.00 - $750.00 5-13L-2 Violations of no commercial vehicle parking $30.00 - $750.00 5-13M-1 6-1-2U 6-1-3C Violations of parking zones for buses Prohibition of theft Prohibition of vandalism, trespass or misuse of private property; parental responsibility established 6-3-1A Use, possession or providing prohibited smoking paraphernalia - first violation 6-3-1A 6-4-6K Use, possession or providing prohibited smoking paraphernalia - second violation Cause, permit, operate, or conduct combat between animals, or animals and humans 6-4-8M Additional fine if in noncompliance of vicious animals 6-4-16 Violations of animal control - first violation 6-4-16 Violations of animal control - second violation 6-4-16 Violations of animal control - third violation 6-7-1* Possession Cannabis—.1 grams -9S grams 6-7-1* Possession Cannabis -10 grams -19.9 grams 6-7-1* Possession Cannabis -20 grams -29.9 grains 6-7-1* Providing Cannabis to Minors 6-7-1* Possession Cannabis 6-7-1* 7-4-7F Owner Responsibility Violations of sprinkler regulations - first violation 7-4-7F Violations of sprinkler regulations - second violation $30.00 - $750.00 $100.00 - $750.00 $30.00 - $750.00 plus restitution $100.00 $150.00 - $750.00 $10,000.00 - $25,000.00 $150.00 - $750.00 $150.00 - $750.00 $150.00 - $750.00 $150.00 - $750.00 $100.00 - $750.00 5300.00 - $750.00 $500.00 - 5750.00 $750.00 In addition or alternative to any monetary penalty, a violator of this section may be required to perform community service or attend drug education training. $300 - $750.00 $25.00 $100.00 7-4-7F Violations of sprinkler regulations - third $150.00 violation 8-6-2D Violations of detergent restrictions - first $75.00 - $750.00 violation 8-6-2D Violations of detergent restrictions - second and $250.00 - $2,500.00 subsequent violations 8-9-4A Violations of smoke free Morton Grove $75.00 - $750.00 or penalty provided in 410 Illinois Compiled Statutes 82/1 whichever is greater 8-9-4B ordinance Violations of smoke free Morton Grove ordinance (business) - first violation $100.00 - $500.00 or penalty provided in 410 Illinois Compiled Statutes 82/1 whichever is greater 8-9-4B Violations of smoke free Morton Grove $200.00 - $750.00 or penalty ordinance (business) - second violation provided in 410 Illinois Compiled Statutes 82/1 whichever is greater 8-9-4B Violations of smoke free Morton Grove $500.00 - $2,500.00 or ordinance (business) - third violation penalty provided in 410 Illinois Compiled Statutes 82/1 whichever is greater 8-10-6 Violations of local emergency energy plan $2,500.00 - $10,000.00 10-13-7 Violations of fair housing $1,000.00 - $5,000.00 12-14-16 Violations of flood damage prevention $75.00 - $1,000.00 (Ord. 11-16, 6-13-2011) 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 22nd day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 22nd day of June 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTES 1 ED and FILED in my office this 23`d day of June 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 15-06 APPROVING A SPECIAL USE PERMIT FOR A LIBRARY USE AT 6200 LINCOLN AVENUE, MORTON GROVE, IL 60053 Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or lequirements: June 8, 2015 This ordinance will approve a special use permit, with conditions, for a library use at 6200 Lincoln Avenue to supplement the Morton Grove Public Library's main facility at 6140 Lincoln Avenue. Approval of a special use permit to allow for a library use at 6200 Lincoln Avenue for the Morton Grove Public Library. The Morton Grove Public Library ("Library") owns and operates the Village's 30,600 square foot public library at 6140 Lincoln Avenue. The existing library building recently underwent major interior renovations, including installation of ADA -compliant ramps, widening of aisles for increased accessibility, and creation of dedicated study rooms and a quiet reading area. With these changes, interior space for existing book and material collections, computer stations, etc. was diminished. The applicant purchased the property at 6200 Lincoln as an extension of their existing library. The 6,336 sq. ft., two-story building is located at the northwest comer of Lincoln and Georgiana Avenues, just west of the current library facility. The Library purchased the new building to relocate some existing library services, equipment and storage materials, which could no longer be accommodated in the existing building, after the renovations. Overall the expanded library campus will have thirty-one (31) on-site parking spaces: twenty-five (25) at 6140 Lincoln and six (6) at the 6200 Lincoln site. In addition, the Library currently has an agreement with St. Martha's Church to lease 30 parking spaces. The case was reviewed by the Traffic Safety Commission at their February 5, 2015, meeting, and recommended for approval in accordance with the Village Engineer's recommendations and was heard before the Plan Commission on February 16, 2015. Based on the testimony presented at the public hearing, the Plan Commission recommended denial, due to the absence of a professional traffic/parking study. On April 27, 2015, the Board voted to remand this case back to the Plan Commission for additional consideration, based on the applicant's commitment to hire a professional engineer to complete the required traffic/parking study. The Morton Grove Public Library Expansion Traffic Impact Study, dated May 2015, prepared by Patrick Engineering Inc., included a review of the existing and proposed parking and traffic conditions. Based on this information, Patrick Engineering determined the expansion of the library to 6200 Lincoln would minimally impact existing parking and traffic conditions. The Plan Commission reconsidered the application, with the professional traffic/parking study, at their May 18, 2015, meeting. After reviewing the application; the professional parking/traffic study; the applicant, staff and public testimony from both meetings; and the Traffic Safety Commission's reconunendation; the Plan Commission voted unanimously (5-0-2; Gabriel, Shimanski absent) to recommend approval of this application with conditions. Community and Economic Development N/A N/A Community and Economic Development in the normal course of business. Approve as Presented June 22, 2015, required No.e submitted by: Tom Friel, Village A Prepared by: N Community and Reviewed by Teresa Hoffman c Development Director er orporation Counsel ORDINANCE 15-06 APPROVING A SPECIAL USE PERMIT FOR A LIBRARY USE AT 6200 LINCOLN AVENUE, MORTON GROVE, IL 60053 WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Morton Grove Public Library at 6140 Lincoln Avenue recently underwent extensive interior renovations that included installing ADA -compliant ramps, widening aisles for increased accessibility, and adding dedicated study rooms and a quiet reading area that diminished, interior space for existing book and material collections, computer stations, etc., and WHEREAS, in order to maintain the same level of service and programs, the applicant purchased the property at 6200 Lincoln as an extension of their existing library to relocate some existing library services and equipment to the new facility due to the space limitations resulting from the improvements made to the existing library; and WHEREAS, the property is located in the CR Commercial/Residential District; and WHEREAS, Section 12-4-3-D of the Village of Morton Grove Unified Development Code allows a library use to be located in the CR Commercial/Residential District pursuant to a special use permit; and WHEREAS, the applicant, Ms. Debra Stombres, Director of the Morton Grove Public Library, 6140 Lincoln Avenue, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PCI 5-01 requesting the approval of a special use permit to operate a library use at the property commonly known as 6200 Lincoln Avenue, Morton Grove, Illinois 60053; and WHEREAS, with their application, the Morton Grove Public Library submitted a traffic study dated January 2015 completed by Library staff; and WHEREAS, at their February 6, 2015 meeting, the Traffic Safety Commission reviewed the application and recommended approval of the project subject to the condition the final project should conform to the Village Engineers' comments, dated February 6, 2015, which included recommendations that appropriate signage for pedestrian access from the main library to the annex at 6200 Lincoln Avenue be installed, shrubbery located in the right-of-way adjacent to 6200 Lincoln shall be removed to clear sight lines, and other similar conditions to improve vehicular and pedestrian access and safety between these two structures; 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 29, 2015, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on February 16, 2015;and WHEREAS, at the public hearing, the applicant advised the Plan Commission that due to the renovations at the existing facility, the Library proposes to transfer existing programs and services to the new facility from the existing library, but was not planning a significant expansion of such services; and WHEREAS, after hearing the applicant's, staff and public testimony, the Plan Commission determined that because of the potential changes in parking and pedestrian and vehicular traffic patterns, as a result of the Library's expansion of their facilities, there was a need for a formal traffic and parking study, done by a professional engineer, and in the absence of such a report, the Commission recommended denial of the application; and WHEREAS, at the April 27, 2015 Village Board meeting, after reviewing the report from the Plan Commission and the presentation from the Director of Community and Economic Development, the Board remanded the special use application back to the Plan Commission for additional consideration, based on the applicant's commitment to engage a professional engineer to complete a formal traffic and parking study; and WHEREAS, at the May 18, 2015 Plan Commission meeting, the Commission reconsidered the application, with the addition of a professional traffic study completed by Patrick Engineering Inc., dated May 2015, and at which time all concerned parties, including any members of the public who were present, were given the opportunity to present information and express their views for additional consideration by the Plan Commission; and WHEREAS, per the submitted application and parking and traffic studies, the Library has 25 off-street parking spaces on the existing property (6140 Lincoln), a lease agreement with St. Martha's Church for the use of 30 parking spaces at their facility directly to the north (8523 Georgiana Avenue), and six (6) parking spaces, four (4) for library patrons and two (2) indoor parking spaces for staff, at their new facility (6200 Lincoln Avenue) for a total of 61 parking spaces for the combined, expanded library; and WHEREAS, Patrick Engineering, Inc., as part of their work on the Morton Grove Public Library Expansion Traffic Impact Study, reviewed the anticipated parking demand against the available parking and determined the expansions of the Library to the 6200 Lincoln location would have minimal impact related to parking; and WHEREAS, Patrick Engineering Inc. also reviewed existing traffic patterns and potential changes to the traffic patterns, based on the Library's expansion to the 6200 Lincoln site, and determined the traffic impacts associated with their proposed expansion are anticipated to be minimal and WHEREAS, the Morton Grove Public Library provides an overall public benefit as a resource where residents and visitors can be educated, do research, or participate in programs that enhance their business and personal lives and the improvements to the existing facility and expansion into the new facility will help the Library to continue to provide such services to the public; and WHEREAS, as the Village continues to promote the redevelopment of properties along Lincoln Avenue to create a pedestrian -oriented, walkable commercial area, the presence of a strong and well - attended library is a compatible use for this type of commercial district and the presence of library patrons, workers and volunteers help supports existing and potential new businesses; and WHEREAS, in light of the information presented in the special use application, including the two traffic and parking studies, the testimony presented at both Plan Commission meetings, and the recommendation of the Traffic Safety Commission, the Plan Commission recommended approval of the application (5-0-2; Commissioners Gabriel and Shimanski absent) and made certain recommendations and conditions through a report dated June 1, 2015, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at public meetings and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, this Special Use for a library use will be used and operated in such a way that the public health, safety, and welfare will be protected and will not cause substantial injury to the other properties in the surrounding neighborhood; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use permit for a library use at 6200 Lincoln Avenue shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 6200 Lincoln Avenue, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow a library use, and such special use shall be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners/lessees, occupants and users of this property, their successors and assigns for the duration of the library use: 1. The site shall be developed and operated in accordance with the plans and supporting documents in the application, including: A. 6200 Lincoln Main floor, by MG Library, dated January 2015; B. Traffic and Parking Study for the Morton Grove Public Library 6200 Lincoln Avenue Annex, submitted by Debra Stombres Morton Grove Public Library Director with Assistance from Natalya Fishman and Jeffrey Ray, dated January 2015; C. Morton Grove Public Library Expansion Traffic Impact Study, prepared by Patrick Engineering Inc. dated May 2015 2. The applicant shall comply with recommendations of the Village Engineer dated February 6, 2015, in accordance with the recommendation of the Traffic Safety Commission, including: A. Proposed pedestrian access routes should be clearly indicated on a plan drawing, any existing locations not complying with accessibility (i.e. ADA) requirements should be identified and will require correction as part of the development; and B. A site plan drawing should be provided showing the locations, geometries, layouts, dimensions, counts, and access routes of available/proposed parking spaces included in the study; and C. Shrubbery in the right-of-way adjacent to 6200 Lincoln Avenue should be removed or lowered to clear the sight lines between vehicles accessing the parking lot and pedestrians on the sidewalk accessing the 6200 Lincoln Avenue building. 3. If the Library reduces the number of on-site parking spaces or the number of off-site leased parking spaces, the Library shall file an updated parking management plan to the Director of Community Development and the Village Engineer for review and, if necessary, shall file for an amendment to the special use permit. SECTION 3: The owners, lessees, occupants, and users of 6200 Lincoln Avenue, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 22nd day of June 2015. Trustee Grear_ Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 22"d day of June 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 23`d day of June 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Village of Morton Grove Department of Community Development To: Village President and Board of Trustees From: Ron Farkas, Chairperson Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: June 1, 2015 Re: Plan Commission Case PC15-01: Morton Grove Public Library, request for a Special Use Permit for a "Library" use, in accordance with Section 12-4-3-D (Unified Development Code, ORD. #07-07), at 6200 Lincoln Avenue, Morton Grove, IL, remanded to the Plan Commission by the Board of Trustees (6-0) April 27, 2015, recommended for approval by the Plan Commission (5-0) May 18, 2015 Background On February 16, 2015, the Plan Commission heard PC -15-01, a request from the Morton Grove Public Library (MGPL) for a special use permit for a library use at 6200 Lincoln Avenue. The existing main library at 6140 Lincoln Avenue recently underwent major interior renovations that diminished space for some of their existing library services. The applicant purchased the property at 6200 Lincoln to relocate some of those existing library services, programs, and equipment, while the existing book and material collections will continue to be housed at the main library (Staff report dated February 11, 2015 is attached). After presentation of the application by staff and MGPL, public comment, and discussion, the Plan Commission unanimously recommended denial of the application due to the absence of a traffic study done by a professional traffic engineer. The application along with the Plan Commission's recommendation for denial was presented to the Village Board on Monday, April 27, 2015. Nancy Radzevich, Community and Economic Development Director, provided an overview of PC 15-01 and summarized the Plan Commission's review and recommendation (Plan Commission Report dated April 22, 2015 is attached). Ms. Radzevich specifically noted that based on the testimony provided at the Plan Commission's February public hearing, the Commission concurred that a traffic/parking study, conducted by a professional engineer versus library staff, should be submitted. Ms. Radzevich advised the Village Board that following the Plan Commission public hearing, the Library had commissioned a professional engineer for a traffic/parking study. In light of this action, staff was recommending that the Village Board remand this case back to the Plan Commission. Trustee Thill moved to remand PC 15-01 back to the Plan Commission for additional consideration, which was seconded by Trustee Toth. The motion passed 6-0. Revised Traffic Study The MGPL submitted a final draft study on May 8, 2015. Staff reviewed the submitted traffic study and determined it included the base -level of information needed for the Plan Commission to reconsider the application. (Traffic study, prepared by Patrick Engineering Inc., dated May 2015, is 1 Board Report PC #15-01 Morton Grove Public Library — 6200 Lincoln June 1, 2015 attached). The study was forwarded to the Plan Commission for consideration at their regularly scheduled May 18,2015 date (Staff Report May 13, 2015 is attached) May 18, 2015 At the May 18th Plan Commission meeting, Ms. Nancy Radzevich reviewed the case history and summarized the Plan Commission staff report dated May 13, 2015. Commissioner Blonz asked if this should be treated as a new case. Ms. Radzevich stated the Unified Development Code simply states that the Board may remand a case back to the Plan Commission for additional consideration — there is no specific requirement as to the method by which the Commission proceeds with their "additional consideration." The Chairman has the ability and the right to allow for additional public comment. Ms. Radzevich further advised that any Commissioners who were not in attendance at the original public hearing have the right to take part in the discussion, as long as they believe they have reviewed the application and relevant documents (reports, minutes, etc.) from the previous meeting. Commissioner Blonz asked if it was fair that the Commissioners that were present at the February 16, 2015 public hearing are absent when the case has subsequently been remanded to the Plan Commission and will be voted on in their absence. Ms. Radzevich explained a couple of options for the Commission. As the Plan Commission has a quorum and additional information available the Board may vote on a recommendation to the Board of Trustees. In addition, before the final vote, if the Library would like to continue the discussion until additional members are present then it is acceptable for them to ask for a continuance. Chairperson Farkas asked what a potential motion would be, should the Plan Commission take action? Ms. Radzevich stated the motion might reflect what was in the original Plan Commission staff report, with the caveat that the newly submitted professional Traffic Study, May 2015, be included in the referenced documents. Ms. Debra Stombres, Library Director, provided the Commission with an overview of the project at the main library building, which was the impetus behind them acquiring this additional building. Ms. Strombres stated the Library lost some usable floor space with the renovations and need to move some of their existing programs to the new 6200 Lincoln Avenue space. There would never be any book circulation conducted there, only classes and they would continue to use the new building for added storage. Chairperson Farkas asked if there was any discussion. Commissioner Gillespie asked why this wouldn't go back to the Traffic and Safety Commission. Ms. Radzevich responded that the Traffic and Safety Commission already approved the case at their February 5, 2015 meeting before the original application went to the Plan Commission for the February 16, 2015 hearing. Further, their recommendation referenced comments from the Village Engineer, who also reviewed the new traffic study. 2 Board Report PC #15-01 Morton Grove Public Library — 6200 Lincoln June 1, 2015 Commissioner Blonz asked if the new building would create any more usage and get more people to use it. Ms. Stombres stated that the number of patrons has been lower since 2012. Since the construction started, the numbers have been down. With the reopening of the main library, they hope to bring people back to the Library. Commissioner Blonz noted that the contract for 30 parking spaces with St Martha's Church ends in 2017 and if this case is approved he would like to have it in writing that the special use would come back to the Plan Commission for review if the contract was not renewed. Ms. Radzevich noted that staff has already included a recommended condition, in the original staff report, that reflects that requirement. Specifically, the suggested condition states that if there is any change to the number of onsite or leased parking spaces that the Library would have to return to the Plan Commission for an amendment and explain how the parking demand would be accommodated. Ms. Stombres also responded that this is the second three year contract with St Martha and the Library is anticipating that it will be renewed again. Commissioner Gillespie asked about the signage recommendations for crosswalks and left turning out of the alley on Georgiana to prevent potential two way traffic going down a one way street. Mr. Argumedo stated that the Traffic Safety Commission and Village Engineers' comments cover those recommendations. Commissioner Blonz asked if there would be a need for more shelf space with more electronics being used in the future. Ms. Stombres responded there is a shift in the need for electronics, however, there are still patrons who prefer to read actually books. Meeting—Public Comment Farkas asked if there was anyone from the public who wanted to be heard. No one asked to speak. Public Meeting -Board Discussion and Vote Farkas asked if there was any further discussion. Hearing none, Farkas asked for a motion to recommend approval of this application. Commissioner Gillespie moved to recommend approval of Case PC 15-01, request for a special use for a library at 6200 Lincoln Avenue, with the following recommendations: 1. The site shall be developed and operated in accordance with the plans and supporting documents in the application, including: a. 6200 Lincoln Main floor, by MG Library, dated January 2015; and b. Traffic and Parking Study for the Morton Grove Public Library 6200 Lincoln Avenue Annex, submitted by Debra Stombres Morton Grove Public Library Director with Assistance from Natalya Fishman and Jeffrey Ray, dated January 2015 c. Morton Grove Public Library Expansion Traffic Impact Study, prepared by Patrick Engineering Inc. dated May 2015 3 Board Report PC #15-01 Morton Grove Public Library — 6200 Lincoln June 1, 2015 2. The applicant shall comply with recommendations of the Village Engineer dated February 6, 2015, in accordance with the recommendation of the Traffic Safety Commission, including: a. Proposed pedestrian access routes should be clearly indicated on a plan drawing, any existing locations not complying with accessibility (Le. ADA) requirements should be identified and will require correction as part of the development; and b. A site plan drawing should be provided showing the locations, geometrics, layouts, dimensions, counts, and access routes of available/proposed parking spaces included in the study; and c. Shrubbery in the right of way adjacent to 6200 Lincoln Avenue should be removed or lowed to clear the sight lines between vehicles accessing the parking lot and pedestrians on the sidewalk accessing the 6200 Lincoln Avenue building. 3. If the Library reduces the number of on-site parking spaces or the number of off-site leased parking spaces, the Library shall file an updated parking management plan to the Director of community Development and the Village Engineer for review and, if necessary, shall file for an amendment to the special use permit. Commissioner Khan seconded the motion. Chairperson Farkas called for the vote. The motion passed unanimously. (5-0-2; Gabriel, Shimanski absent). 4 Legislative Summary Ordinance 15-07 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07-07) TO ESTABLISH A TIME LIMIT FOR THE VALIDITY OF VARIATIONS GRANTED BY THE ZONING BOARD OF APPEALS Introduction: June 8, 2015 Synopsis: This ordinance will establish a timeframe for the validity of variations granted by the Zoning Board of Appeals (ZBA). Purpose: A text amendment to establish that variations granted by the Zoning Board of Appeals shall be valid for up to one (1) year from the date of approval unless a building permit is issued and construction has been initiated within that period and is thereafter actively pursued to completion, or unless the applicant has applied for and been granted an extension of time by the ZBA. Background: The Village of Morton Grove Municipal Code (Title 1, Chapter 4), establishes the Zoning Board of Appeals with powers and duties which include hearing and deciding variations from the Unified Development Code (Title 12) pertaining to dimensional controls (Chapters 2, 3, and 4) and the number of required parking spaces for specific uses at specific locations (Section 12-7-3:K). Currently, there is no time limit for the validity of approved variations. The ZBA uses four (4) standards to grant variances. Two of these standards specifically address the potential impact the variation could have on the overall neighborhood and adjacent properties. Over time, conditions on the subject property, on abutting properties, or within the neighborhood could change, such that previously approved variations could result in unanticipated adverse impacts on the abutters or the surrounding neighborhood. Further, as the Village continues to reevaluate and improve the Code, potential changes to the bulk, massing, or parking requirements could in turn change the evaluation criteria for variations. The proposed text amendment would establish a one (1) year time limit for variations, from the date of approval, unless a building permit is issued and construction has been initiated and is thereafter actively pursued to completion, or unless the applicant applies for and the ZBA grants an extension of time. This time limit standard is consistent with the current time limits for special use permits and appearance certificates. Having established timelines for the validity of approved variations is common; this proposed text amendment would bring Morton Grove's code in line with other surrounding communities. PC#15-03 was presented to the Plan Commission for public hearing on May 18, 2015. There was no public comment. After reviewing the proposed amendment, the Plan Commission suggested one change to the draft Language and voted recommend approval of the modified text amendment to the Village Board. (5- 0-2; Gabriel and Shimanski absent). Programs, Departs or Groups Affected Fiscal Impact: Community and Economic Department N/A Source of Funds: N/A Workload Impact: These amendments will be implemented by the Community and Economic Development in the normal course of business. Admin Recommend: Approval as presented Second Reading: June 22, 2015, required — Municipal Code Book change; ;pedal Consider or tequirements: submitted by: is. T r .. _ -.•- � _ Reviewed by strator Pro -Tem Teresa Hoffman Liston ,419 r`c Ra. - Prepared by: N ty an. Development Director oration Counsel ORDINANCE 15-07 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07-07) TO ESTABLISH A TIME LIMIT FOR THE VALIDITY OF VARIATIONS GRANTED BY THE ZONING BOARD OF APPEALS 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 PC15-03 to consider and recommend the adoption a of text amendment to the Village of Morton Grove Unified Development Code, Section 12-16-3:B, to establish a Time Limit for the Validity of Variations Granted by the Zoning Board of Appeals; 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 April 30, 2015, a public hearing was conducted on May 18, 2015 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 June 01, 2015, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Unified Development Code establishes the Zoning Board of Appeals with powers and duties which include hearing and deciding variations from the Unified Development Code (Title 12). Specifically, Chapter 16 of Title 12 authorizes the Zoning Board of Appeals (ZBA) to grant variations to Chapters 2, 3, and 4 of the Unified Development Code (Section 12-16-3), "...except as otherwise indicated in this title [title 12], and except for those regulations regarding permitted, special and prohibited uses in all districts..." In addition, the ZBA has the authority to review and decide on variations to the number of required parking spaces for specific uses at specific locations, on a case by case basis (Section 12-7-3:K); and WHEREAS, the Unified Development Code does not currently have a time limit for the validity of variations granted by the zoning board of appeals; and WHEREAS, in the absence of such a time limit conditions on a subject property that receives a variance, the surrounding neighborhood and/or on abutting properties could change, such that a previously approved variation, executed years afterwards, could have unanticipated adverse impacts; and WHEREAS, in the absence of such a time limit changes to the bulk and massing requirements in Unified Development Code could occur which in turn could change the evaluation of the potential impacts of variations; and WHEREAS, establishing a time limit for variances will be consistent with current one (1) year time limit for development related approvals granted by other boards and commission, as established in the Unified Development Code, such as appearance certificates granted by the Appearance Review Commission and special use permits authorized by the Board of Trustees; and WHERAS, the Corporate Authorities have concluded that the proposed amendment will preserve the intent of the Unified Development Code to allow for the orderly development and add clarity to the massing, bulk, and parking code requirements and standards; 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 16, entitled Project Approval Process, Section 12-16-3 entitled Procedures For Zoning Board of Appeals, subsection 12-16-3:B entitled Authorized Variations of the Municipal Code is hereby amended with the following: 12-16-3: PROCEDURE FOR ZONING BOARD OF APPEALS B. Authorized variations: The zoning board of appeals shall publicly hear and have the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. An authorized variation shall be valid for a period of no longer than one (1) year from the date of approval unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion, or unless the applicant applies for and the Zoning Board of Appeals grants an extension of time. PASSED this 22"d day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 22"d day of June 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 23`d day of June 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Village of Morton Grove Department of Community Development To: Village President and Board of Trustees From: Ron Farkas, Pian Commission Nancy Radzevich, AICD, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: May 31, 2015 Re: Plan Commission Case PC15-03: Application for a Text Amendment to Chapter 16 of Title 12 of the Village of Morton Grove Municipal Code (Ord. #07-07) to Establish a Time Limit for the Validity of Variations Granted by Zoning Board of Appeals Commission Report Public Hearing Notice The Village provided Public Notice for the May 18, 2015 Plan Commission public hearing for PC 15- 02 in accordance with the Unified Development Code. The Pioneer Press published the public notice on April 30, 2015. 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 1, Chapter 4), establishes the Zoning Board of Appeals with powers and duties which include hearing and deciding variations, from the Unified Development Code (Title 12). Specifically, Chapter 16 of Title 12 authorizes the Zoning Board of Appeals (ZBA) to grant variations to Chapters 2, 3, and 4 of the Unified Development Code (Section 12-16-3), "...except as otherwise indicated in this title [title 12], and except for those regulations regarding permitted, special and prohibited uses in all districts..." In addition, the ZBA has the authority to review and decide on variations to the number of required parking spaces for specific uses at specific locations, on a case by case basis (Section 12-7-3-K). The municipal code does not, however, include a time limit by which the applicant must exercise the granted variation. Based upon the codified standards the ZBA utilizes to make determinations (Section 12- 16-3:A.2.), the lack of a time limit on a variation's validity may result in future development that contradicts the ZBA's initial approval. The ZBA grants an authorized variation from the Unified Development Code based upon the following four standards: a. Not Self -Imposed: The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the subject property. b. Nonmonetary Considerations: The circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of a reasonable use of his land. Mere loss in value shall not justify a variation. Board Report- May 31, 2015 PC #15-03: Variance Text Amendment c. Not Detrimental to Public Welfare: The granting of any variation is in harmony with the general purposes and intent of this title and will not be detrimental to the public welfare or to other property or improvements in the neighborhood. d. Not Detrimental to Neighborhood: The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the streets, increase the potential damage of fire, endanger the public safety, or alter the character of the neighborhood. It is standards c. and d. where the absence of a timeframe for the validity of a variance could ultimately end up in having an adverse impact. These two standards specifically address the potential impact that the proposed variation could have on the overall neighborhood and adjacent properties. Over the course of time, conditions on the subject property, within the neighborhood and/or on abutting properties could change, whereas the proposed variation could change and exaggerate potential adverse impacts. Further, in addition to changes in development pattems, there also may be additional changes to the bulk and massing requirements in Unified Development Code, which in turn could change the evaluation of potential impacts. Proposed Amendment Staff proposed the following Amendment to Section 12-16-34 of the Unified Development Code: 12-16-3: PROCEDURE FOR ZONING BOARD OF APPEALS B. Authorized variations: The zoning board of appeals shall publicly hear and have the authority to vary the zoning regulations set forth in chapters 2, 3, and 4 of this title, except as otherwise indicated in this title, and except for those regulations regarding permitted, special and prohibited uses in all districts. An authorized variation shall be valid for a period of no longer than one (1) year from the date of issue unless a building permit is issued and construction is actually begun within that period and is thereafter actively pursued to completion. In reviewing municipal codes for other area communities, staff found that established timelines for owners to execute work associated with an approved variation is common. The neighboring communities of Evanston, Park Ridge, Niles, and Skokie all have time limits for the validity of variations. This proposed amendment would be consistent with timeframes included in codes for other surrounding municipalities In addition, the municipal code currently has established timeframes for the validity of appearance certificates granted by the Appearance Review Commission and special use permits authorized by the Board of Trustees. Per Section 12-16-2:C.6., appearance certificates are valid for one (1) year after the date of granting by the Appearance Commission and if construction has not commenced within that twelve month period, the appearance certificate shall become null and void, unless the commission grants an extension of time. For Special Use Permits (Sectionl2-16-4:C.6.c.), the permit is similarly only valid for one from the date of issuances, unless a building permit has been issued and construction has begun within that twelve month timeframe. Further the code states that in order for the special use permit to remain valid, after construction begins it must be 2 Board Report- May 31, 2015 PC #15-03: Variance Text Amendment "...actively pursued to completion or a certificated of occupancy is obtained and a use commenced within that period." This proposed amendment would bring the village's variance procedure and timeframes in line with the current timeframes for execution of special use permits and appearance certificates. May 18. 2015 Public Hearing Mr. Argumedo introduced the case and summarized the Plan Commission staff report dated May 11, 2015 into the public record. Chairperson Farkas asked if there were any questions to staff. Commissioner Blonz asked if a provision could be added to the proposed amendment that the Zoning Board of Appeals could grant an extension of time to a previously granted variance before the one (1) year limit. Ms. Radzevich stated that there would be no reason why this could not be added to this provision. Chairperson Farkas asked if there would have to be a definite procedure for this. Blonz said he is suggesting just adding that additional provision and that he believes the procedure would be the same as any other. Public Hearing—Public Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Public Hearing—Board Discussion and Vote Commissioner Blonz moved to approve Case PC 15-03 with the following recommendations: Plan Commission recommends approval of Case #PC 15-03 for a Text Amendment to the Unified Development code (Ordinance #07-07) to establish a time limit for the validity of variations granted by the Zoning Board of Appeals and to specifically add the following language to Section 12-16-3:B.: ':4n authorized variation shall be valid for a period of no longer than one (1) year from the date of approval unless a building permit is issued and construct/on /s actua//y beaun within that period and is thereafter actively pursued to completion or unless the applicant applies for and the Zoning Board of Appeals Grants an extension of time, Commissioner Gillespie seconded the motion. Chairperson Farkas called for the vote. The motion passed unanimously (5-0-2; Gabriel and Shimanski absent). 3 Legislative Summary Ordinance 15-08 AMENDING TITLE 7 CHAPTER 4 ARTICLE 7 OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE SPRINKLING REGULATED FOR WATER USERS Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Consider or Requirements: June 8, 2015 This ordinance will amend Title 7, Chapter 4, Article 7 of the Municipal Code. To revise the existing Village ordinance as mandated by the amended Illinois Department of Natural Resources, Lake Michigan Water Allocation Rules and Regulations on November 18, 2014. The Village's potable allocated water source from Lake Michigan is governed by the Illinois Department of Natural Resources. Mandated from the March 31, 2015, letter, the IDNR requires the Village to amend the existing Ordinance 7-4-7 to add the following language; "Lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur in the middle of the day between the hours of 11:00 a.m. and 6:00 p.m. and 11:00 p.m. and 5:00 a.m. on each and every calendar day. Sprinkling shall be permitted on odd/even days. Properties with even -numbered street numbers (i.e., numbers ending in 0,2,4,6, or 8) may sprinkle on even calendar days between the hours of 5:00 a.m. to 11:00 am and 6:00 p.m. to 11:00 p.m. Properties with odd -numbered street numbers (i.e., numbers ending in 1,3,5, 7 or 9) may sprinkle on odd calendar dates between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m." and "New/replacement sprinkler systems shall be equipped with a Water Sense labeled irrigation controller and shall be in compliance with Section 2.5(g) for the Illinois Plumbing License Law (2251LCS320) ". Public Works, Village Residents None No Funds Required The Public Works Department as part of their normal work activities will perform the management and implementation of the program. Approval as presented. Required — Code Book Change - June 22, 2015 None Respectfully submitted: Reviewed by: Tom -1 riel, Vilma Adm 'strator Pro Tem And Prepared by: Reviewed by: ont-, Direcor�ublic orks ORDINANCE 15-08 AMENDING TITLE 7 CHAPTER 4 ARTICLE 7 OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE SPRINKLING REGULATED FOR WATER USERS 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; and WHEREAS, on November 18, 2014, the Illinois Department of Natural Resources amended the Lake Michigan Water Allocation Rules and Regulations; and WHEREAS, in accordance with the letter dated March 31, 2015, the Illinois Department of Natural Resources mandated the Village to amend Title 7, Chapter 4, Article 7, Sprinkling Regulated in paragraphs B and C. 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 7 Chapter 4 Article 7of the Municipal Code of the Village of Morton Grove shall be amended to read as follows: 7-4-7: SPRINKLING REGULATED: A. Water Use: No person shall draw water from the Village's water system for sprinkling yards, lawns, or flower and vegetable gardens within or outside the Village except as hereinafter provided. (1969 Code § 50.250) B. Use of Automatic Sprinkling Devices Restricted: During the period May 15 through September 15 of each calendar year, all residential, industrial, commercial and institutional properties located within the Village shall be precluded from the use of automatic sprinkling devices. Lawn sprinkling shall not occur on consecutive days nor shall any lawn sprinkling occur in the middle of the day between the hours of 11:00 a.m. and 6:00 p.m. and 11:00 p.m. and 5:00 a.m. on each and every calendar day. Sprinkling shall be permitted on odd/even days. Properties with even numbered street numbers (i.e., numbers ending in 0,2,4,6, or 8) may sprinkle on even calendar dates between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m. Properties with odd -numbered street numbers (i.e., numbers ending in 1,3,5,7, or 9) may sprinkle on odd calendar dates between the hours of 5:00 a.m. to 11:00 a.m. and 6:00 p.m. to 11:00 p.m. Automated sprinkling devices shall be defined as any built in underground sprinkling systems, any mechanical device designed for dispensing water which is attached to a garden hose or water outlet and runs continuously or on a timed cycle and any related devices whether predesigned for lawn or garden sprinkling or modified for such use. New/replacement sprinkler systems shall be equipped with a Water Sense labeled irrigation controller and shall be in compliance with Section 2.5(g) for the Illinois Plumbing License Law (225 ILCS 320) (Ord. 89-14, 5-8-1989; amd. Ord. 91-32, 7-8- 1991; Ord. 92-36, 6-22-1992; Ord. 93-17, 5-10-1993; Ord. 15- , 06-22-15) C. Exemptions From Lawn Watering Restrictions: Handheld sprinkling devices such as garden hoses used to water grass, flowers, vegetables or shrubbery and new Lawns less than 3 months old shall be exempt from the provisions of subsection B of this section. (Ord. 93-17, 5-10-1993; Ord. 15- , 5-18-2015) D. Director of Public Works May Implement Temporary or Emergency Outside Watering Ban: Notwithstanding the other provisions of this section, the Director of Public Works shall be authorized to further restrict or ban all outside water uses if, in the Director's opinion, an emergency water shortage exists or is expected to occur within the near future. (Ord. 89-4, 5-8-1989; amd. Ord. 93-17, 5-10-1993) E. Persons Affected: All persons or users of water within or outside of the Village using water supplied through the Village's water mains shall be subject to the provisions of this section. (1969 Code § 50.265) F. Penalties: Violators of the provisions of this section shall be subject to the penalties in accordance with Title 1, Chapter 4 of this Code. Any property accruing four (4) or more violations within a single watering season shall be subject to water shut-off by the Director of Public Works for such time as may be directed by the President and Village Board of Trustees. (Ord. 08-22, 5-12-2008) SECTION 3: This Ordinance shall be in full force and effect from and upon its passage and approval. PASSED this 22nd day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Toth Trustee Witko APPROVED by me this 22nd day of June 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 23`d day of June 2015 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 15-52 Introduced: Synopsis: Purpose: Background: AUTHORIZING THE ANNUAL VETERANS DAY PARADE June 22, 2015 This resolution will authorize the 2015 Veterans Day Parade to cross Dempster Street at Georgiana, Georgiana to Crain, east on Crain to School. South on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back, from 1:30 pm to 2:30 pm on Sunday, November 8, 2015, which will require the closing of Dempster Street, Route 58, either partially or completely at Georgiana Avenue. The Illinois Department of Transportation requires the Village adopt a resolution approving the closing of Dempster Street. The resolution also authorizes the Village Engineer to file an application through the Illinois Department of Transportation for the closing of Dempster Street, Route 58, from 1:00 pm to 3:00 pm on Sunday, November 8, 2015, for the Annual Veteran's Day Parade. The Village of Morton Grove has been conducting Veterans Day Parades for a great deal of time and each year a resolution of this nature is developed authorizing the parade and assuming responsibility for the direction, protection, and regulation of traffic during the time the detour is in effect and all liabilities for damages of any kind occasioned by the closing of said state route. It is further agreed efficient all-weather detours will be maintained and continuously marked and jurisdictionally police patrolled for the benefit of the traffic deviated from the state route. 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: ....A.........a.... ....__ ��% Thomas J. Friel, '5 llage A. Prepared by: ` �C_----__` inistrator Pro Tem Reviewed by: Chris Tomich, Village Engineer Teresa Hoffmger 9 /4, itaprs Corporation Counsel RESOLUTION 15-52 AUTHORIZING THE ANNUAL VETERANS DAY PARADE WHEREAS, Morton Grove Post 134 of the American Legion of the Village of Morton Grove desires to hold their annual VETERANS DAY PARADE by crossing Dempster Street, Route 58, at Georgiana, and will proceed down Georgiana to Crain, east on Crain to School, south on School to Lincoln, west on Lincoln to the Morton Grove Public Library and back from 1:00 p.m. to 3:00 p.m., on Sunday, November 8, 2015; and WHEREAS, said parade will require the closing of Dempster Street, Route 58, either partially or completely between Fernald Avenue and Austin Avenue; and WHEREAS, the State of Illinois requires the Village of Morton Grove to assume all responsibility and liability involved in the closing of said highway. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: That said Village will assume full responsibility for the direction, protection and regulation of traffic during the time the detour is in effect and all liabilities for damages of any 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. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 22' day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 22"d day of June 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This 23`d day ofJune 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Village of Morton Grove 6106 Capulina Street Morton Grove, Illinois 60053 Dear Sirs, February 10, 2015 The American Legion Morton Grove Post 134 will hold its Veterans Day Parade on November 8, 2015 at the Library Doughboy Statue. The parade will leave the parking lot at the Morton Grove American Legion Civic Center at 1:30PM. The route will cross Dempster at Georgiana, go south to Crain, east to School, south to Lincoln, and west to the Library. After the ceremony, the parade will form on Georgiana and march back to the Civic Center crossing Dempster at about 2:30PM. Thank you in advance, Jose Hedrick Morton Grove American Legion Post #134 Village Liaison Legislative Summary Resolution 15-53 GUARANTEE OF MUNICIPAL WORK PERFORMED ON STATE OF ILLINOIS RIGHT-OF-WAY WITHIN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendations: Second Reading: Special Considerations or Requirements: Respectfully Submitted: June 22, 2015 To provide a guarantee to the State of Illinois that all work performed by the Village forces within the State's rights-of-way in 2015 and 2016 will conform to the conditions on the permit granted by the Illinois Department of Transportation (IDOT), to hold harmless the State of Illinois while performing permitted work, to assume all liability for damages pertaining to the performance of the work, and authorize the Village Administrator, Director of Public Works, and Village Engineer to sign IDOT working permits on behalf of the Village. Increase efficiency in performing work and reducing the cost of work when performing repairs or improvements on the various elements of Village -owned infrastructure including, but not limited to, water mains, sewers, street lighting, traffic signals, sidewalks, landscaping trees and signage. This is a routine guarantee provided by many municipalities. IDOT requires a permit and financial security (highway bond) for work performed within their rights-of-way. This is similar to the Village's permit process for work performed within the Village's own rights-of- way. Municipalities have an option of providing the financial security for each repair or may provide a guarantee all work performed by the Village within the State's rights-of-way will conform to their requirements of the performance for the work. Providing this guarantee will eliminate the time and cost of procuring a bond for each permit. Public Works Department There is no cost associated with this guarantee. N/A The Public Works Department will forward the guarantee to IDOT for their records. Approval as presented. N/A N/A Toni Friel, Village dministrator Pro Tem Prepared by: Chris Tomich, Village Engineer Reviewed by: Teresa Ho fm 1"AKA\ . is rifrorporation Counsel RESOLUTION 15-53 GUARANTEE OF MUNICIPAL WORK PERFORMED ON STATE OF ILLINOIS RIGHT-OF-WAY WITHIN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village desires to undertake in calendar years 2015 and 2016, the location, construction, operation, and maintenance of water mains, sewers, street lighting, traffic signals, sidewalks, landscaping, trees, and signage on State highways within the Village which, by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the Village or any private person or firm under contract and supervision of the Village. 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 hereby pledges its good faith and guarantees all work shall be performed in accordance with the conditions of the permit to be granted by the Department, and to hold the State of Illinois harmless during the prosecution of such work, and assume all liability for damages to a person's property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. SECTION 3: The Village Administrator, Director of Public Works, and Village Engineer of the Village are hereby instructed and authorized to sign said working permit on behalf of the Village. SECTION 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 22nd DAY OF JUNE 2015 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 22nd DAY OF JUNE 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 23RD DAY OF JUNE 2015 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 15-47 AUTHORIZING A CONTRACTUAL AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR SERVICES RELATING TO A LONG-TERM WATER SUPPLY AGREEMENT WITH THE CITY OF EVANSTON Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: To June 22, 2015 This Resolution will authorize an agreement with Gewalt Hamilton Associates, Inc. for services relating to the development and implementation of a long-term water supply agreement with the City of Evanston. The Village of Morton Grove has purchased water from the City of Chicago for many years; however, due to recent substantial rate hikes they believe it is in their best interest to find an alternative water source at a more favorable rate. Due to the complexity of the negotiations, and the engineering, and issues related to a long-term water supply agreement, it is recommended a special engineering consultant be hired. The Village of Morton Grove has completed extensive research and has received serious proposals from the City of Evanston and the Villages of Wilmette/Glenview for an alternative Water Supply Agreement which have been reviewed by Village staff, Gewalt Hamilton Associates, Inc. William Balling of WRB, LLC, and Barbara Adams of Holland & Knight, LP, all of which have been consulted due to the technical and specialized nature of the Water Supply Agreement. The Village is currently negotiating a long term water supply agreement with the City of Evanston. As the project progresses, it is in the best interest of the Village to enter into a formal agreement with Gewalt Hamilton Associates, Inc. as an engineering consultant to advise the Village on the engineering concerns related to a contract with the City of Evanston for an alternative water supply source. Legal, Administration, and Finance Departments Gewalt Hamilton Associates, Inc.'s fees will be based on the actual amount of work performed. The fee for this contract shall not exceed $33,000. The Village of Morton Grove and the Village of Niles will equally pay all approved charges. Enterprise Fund The Legal Department as part of their normal work activities will oversee the implementation of the contact and agreement. Approval as presented. Not required. None nistrator Pro Tem Prepared by: Teresa H Corporation Counsel RESOLUTION 15-47 AUTHORIZING A CONTRACTUAL AGREEMENT WITH GEWALT HAMILTON ASSOCIATES, INC. FOR SERVICES RELATING TO A LONG-TERM WATER SUPPLY AGREEMENT WITH THE CITY OF EVANSTON WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, for many decades the Village of Morton Grove has purchased water from the City of Chicago; and WHEREAS, due to recent substantial rate hikes the Village believes it is in the best interest to find an alternative water source at a more favorable rate; and WHEREAS, due to the complexity of the negotiations, engineering, and issues related to a long-term water supply agreement, it is recommended a special engineering consultant be hired; and WHEREAS, the Village of Morton Grove has completed extensive research and has received serious proposals from the City of Evanston and the Villages of Wilmette/Glenview for an alternative Water Supply Agreement which have been reviewed by Village staff, Gewalt Hamilton Associates, Inc., William Balling of WRB, LLC, and Barbara Adams of Holland & Knight, LP, all of which have been consulted due to the technical and specialized nature of the Water Supply Agreement; and WHEREAS, the Village is currently in negotiations with the City of Evanston for a long term water supply agreement; and WHEREAS, as the project progresses, it is in the best interest of the Village to enter into a formal agreement with Gewalt Hamilton Associates, Inc. as an engineering consultant to advise the Village on the engineering concerns related to a contract with the City of Evanston for an alternative water supply source. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute an agreement with Gewalt Hamilton Associates, Inc. for consulting services relative to water supply in substantial conformity to Exhibit "A" attached hereto. SECTION 3: The Village Administrator, Corporation Counsel and/or his/her designee is hereby authorized to take all steps necessary to implement said contract SECTION 4: That this Resolution shall be in full force and effect from and upon its passage and approval. Passed this 22nd day of June 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko Approved by me this 22nd day of June 2015 Daniel P. DiMaria , Village President Village of Morton Grove Cook County, Illinois Attested and Filed in my office This 23rd day of June 2015 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois VILLAGE OF MORTON GROVE VILLAGE OF NLES PROFESSIONAL SERVICES AGREEMENT FOR JOINT WATER PURCHASE PROJECT THIS AGREEMENT is dated as of the 22"day of June P015 ("Agreement) and is by, between and among the VILLAGE OF MORTON GROVE, an Illinois municipal corporation ("Morton Grove'), the VILLAGE OF NILES ("Niles') (Morton Grove and Niles collectively sometimes referred to as "Villages') and the Consultant identified in Subsection 1A below. IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth in the Agreement, and pursuant to the Villages' statutory and home rule powers, the parties agree as follows: SECTION 1. CONSULTANT. A. Engagement of Consultant. The Villages desire to jointly engage the Consultant identified below to provide all necessary professional consulting services and to perform the work in connection with the project identified below: Gewalt Hamilton Associates, Inc. ("Consultant') 625 Forest Edge Drive Vernon Hills, IL 60061 Telephone: (847) 478-9700 Email: pglenn@gha-engineers.com B. Project Description. In connection with the Villages' consideration and analysis of alternate sources of supply of Lake Michigan water, and preparation and negotiation of contracts and other documents pertaining to an alternate source of supply, the Consultant will provide engineering and technical services to, and analysis and advice in support of, the Villages' efforts to procure an alternate source of supply. C. Representations of Consultant. The Consultant has submitted to the Villages a description of the services to be provided by the Consultant, a copy of which is attached as Exhibit A to this Agreement ("Services'). The Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced and competent to perform and complete the professional consulting services set forth in Exhibit A in a manner consistent with the standards of professional practice by recognized consulting firms providing services of a similar nature. D. Agreement Amount. The total amount billed by the Consultant for the Services under this Agreement shall not exceed Thirty Three Thousand Three Hundred Dollars ($33,300.00), as outlined in Exhibit B, including reimbursable expenses as identified in Exhibit B, unless amended pursuant to Subsection 8A of this Agreement. SECTION 2. SCOPE OF SERVICES. A. Retention of the Consultant. The Villages retain the Consultant to perform, and the Consultant agrees to perform, the Services. 1 B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of this Agreement. C. Commencement; Time of Performance. The Consultant's provision of Services commenced on April 27 2015 (the "Commencement Date'). The Consultant shall diligently and continuously prosecute the Services until the completion of the Work in accordance with deadlines established for particular tasks from time to time ("Time of Performance'). D. ; Coordination; nments and tasks will be assigned to the Consultant tshalll regularly report to William Balling of WRB, LLC, regarding the progress of the Services during the term of this Agreement. The Consultant will coordinate all work with William Balling of WRB, LLC. SECTION 3. COMPENSATION AND METHOD OF PAYMENT. A. Agreement Amount. The total amount billed for the Proposal during the term of this Agreement shall not exceed the amount identified as the Agreement Amount in Subsection 1D of this Agreement, without the prior express written authorization of the Villages. B. Invoices and Payment. The Consultant shall be paid as provided in Exhibit B. The Consultant shall submit invoices to the Villages in an approved format for those portions of the Services performed and completed by the Consultant. The amount billed in any such invoice shall be based on the method of payment set forth in Exhibit B. Each Village shall be responsible for one-half of the amount billed for the Services and each Village shall pay to the Consultant the amount billed to it within 30 days after its receipt and approval of such an invoice. C. Records. The Consultant shall maintain records showing actual time devoted and costs incurred, and shall permit the authorized representative of the Villages to inspect and audit all data and records of the Consultant for work done under the Agreement. The records shall be made available to the Villages at reasonable times during the Agreement period, and for three years after the termination of the Agreement. D. Claim In Addition To Agreement Amount. If the Consultant wishes to make a claim for additional compensation as a result of action taken by the Villages, the Consultant shall provide written notice to the Villages of such claim within 7 days after occurrence of such action as provided by Subsection 8D of this Agreement, and no claim for additional compensation shall be valid unless made in accordance with this Subsection. Any changes in the Agreement Amount shall be valid only upon written amendment pursuant to Subsection 8A of this Agreement. Regardless of the decision of the Villages relative to a claim submitted by the Consultant, the Consultant shall proceed with all of the Services required to complete the Services under this Agreement as determined by the Villages without interruption. E. Taxes, Benefits and Royalties. The Agreement Amount includes all applicable federal, state, and local taxes of every kind and nature applicable to the Services as well as all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances, devices, processes, or inventions. All claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived and released by Consultant. 2 F. Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each phase of the Services, shall be considered complete on the date of final written acceptance by each of the Villages of the Services or each phase of the Services, as the case may be, which acceptance shall not be unreasonably withheld or delayed. SECTION 4. PERSONNEL; SUBCONTRACTORS. A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall be primarily responsible for carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without the Villages' prior written approval. B. Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including, without limitation, any Key Project Personnel identified in this Agreement. The Consultant shall notify the Village as soon as practicable prior to terminating the employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel. The Consultant shall have no claim for damages and shall not bill the Village for additional time and materials charges as the result of any portion of the Services which must be duplicated or redone due to such termination or for any delay or extension of the Time of Performance as a result of any such termination, reassigning, or resignation. C. Approval and Use of Subcontractors. The Consultant shall perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the Villages in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and approved in advance by, the Villages. The Villages' approval of any subcontractor or subcontract shall not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services as required by the Agreement. All Services performed under any subcontract shall be subject to all of the provisions of this Agreement in the same manner as if performed by employees of the Consultant. For purposes of this Agreement, the term "Consultant" shall be deemed also to refer to all subcontractors of the Consultant, and every subcontract shall include a provision binding the subcontractor to all provisions of this Agreement. D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform the Services in a manner satisfactory to the Villages, the Consultant shall immediately upon notice from the Villages remove and replace such personnel or subcontractor. The Consultant shall have no claim for damages, for compensation in excess of the amount contained in this Agreement or for a delay or extension of the Time of Performance as a result of any such removal or replacement. SECTION 5. CONFIDENTIAL INFORMATION. A. Confidential Information. The term "Confidential Information" shall mean information in the possession or under the control of the Villages relating to the technical, business or corporate affairs of the Villages, property of the Villages; user information, including, without limitation, any information pertaining to usage of the Villages' computer systems, including and without limitation, any information obtained from server logs or other records of electronic or machine readable form; and the existence of, and terms and conditions of, this Agreement. Village Confidential Information shall not include information that can be demonstrated: (i) to have been rightfully in the possession of the Consultant from a source other than the Village prior to the time of disclosure of said information to the Consultant under this Agreement ("Time of Disclosure'); (ii) to have been in the public domain prior to the Time of Disclosure; (iii) to have become part of the public domain after the Time of Disclosure by a publication or by any other means except an unauthorized act or omission or breach of this 3 Agreement on the part of the Consultant or the Villages; or (iv) to have been supplied to the Consultant after the Time of Disclosure without restriction by a third party who is under no obligation to the Villages to maintain such information in confidence. B. No Disclosure of Confidential Information by the Consultant. The Consultant acknowledges that it shall, in performing the Services for the Villages under this Agreement, have access to or be directly or indirectly exposed to Confidential Information. The Consultant shall hold confidential all Confidential Information and shall not disclose or use such Confidential Information without express prior written consent of the Villages. The Consultant shall use reasonable measures at least as strict as those the Consultant uses to protect its own confidential information. Such measures shall include, without limitation, requiring employees and subcontractors of the Consultant to execute a non-disclosure agreement before obtaining access to Confidential Information. SECTION 6. WARRANTY; INDEMNIFICATION; INSURANCE. A. Warranty of Services. The Consultant warrants that the Services shall be performed in accordance with the highest standards of professional practice, care, and diligence practiced by recognized consulting firms in performing services of a similar nature in existence at the Time of Performance. The warranty expressed shall be in addition to any other warranties expressed in this Agreement, or expressed or implied by law, which are hereby reserved unto the Villag s. B. Indemnification. The Consultant shall, without regard to the availability or unavailability of any insurance, either of the Villages or the Consultant, indemnify, save harmless, and defend each of the Villages, and its respective officials, employees, agents, and attorneys against any and all lawsuits, claims, demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative expenses, that arise, or may be alleged to have arisen, out of or in connection with, the Consultant's performance of, or failure to perform, the Services or any part thereof, whether or not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence or fault of the Consultant, except to the extent caused by the sole negligence of the Villages. C. Insurance. Contemporaneous with the Consultant's execution of this Agreement, the Consultant shall provide certificates and policies of insurance, all with coverages and limits acceptable to the Villages, and evidencing at least the minimum insurance coverages and limits as set forth in Exhibit C to this Agreement. For good cause shown, the Village Administrator of Morton Grove and Village Manager of Niles may extend the time for submission of the required policies of insurance upon such terms, and with such assurances of complete and prompt performance, as the Village Administrator or Village Manager may impose in the exercise of his sole discretion. Such certificates and policies shall be in a form acceptable to the Villages and from companies with a general rating of A minus, and a financial size category of Class X or better, in Best's Insurance Guide. Such insurance policies shall provide that no change, modification in, or cancellation of, any insurance shall become effective until the expiration of 30 days after written notice thereof shall have been given by the insurance company to the Villages. The Consultant shall, at all times during the term of this Agreement, maintain and keep in force, at the Consultant's expense, the insurance coverages provided above, including, without limitation, at all times while correcting any failure to meet the wananty requirements of Subsection 6A, Warranty of Services, of this Agreement. D. No Personal Liability. No elected or appointed official, or employee of the Villages shall be personally liable, in law or in contract, to the Consultant as the result of the execution of this Agreement. 4 SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS. A. Relationship of the Parties. The Consultant shall act as an independent contractor in providing and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be construed (i) to create the relationship of principal and agent, employer and employee, partners, or joint venturers between the Villages and Consultant; or (ii) to create any relationship between the Villages and any subcontractor of the Consultant. B. Conflict of Interest. The Consultant represents and certifies that, to the best of its knowledge, (1) no employee or agent of the Villages is interested in the business of the Consultant or this Agreement; (2) as of the date of this Agreement neither the Consultant nor any person employed or associated with the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither the Consultant nor any person employed by or associated with the Consultant shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from contracting with a unit of state or local government as a result of (i) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the Villages prior to the execution of this Agreement, and that this Agreement is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the Consultant has, in procuring this Agreement, colluded with any other person, firm, or corporation, then the Consultant shall be liable to the Villages for all loss or damage that the Villages may suffer, and this Agreement shall, at the Villages' option, be null and void. D. Sexual Harassment Policy. The Consultant certifies that it has a written sexual harassment policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 5/2-105(A)(4). E. Patriot Act Compliance. The Consultant represents and warrants to the Villages that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated National and Blocked Person. The Consultant further represents and warrants to the Villages that the Consultant and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specially Designated National and Blocked Person. The Consultant hereby agrees to defend, indemnify and hold harmless the Villages, their respective corporate authorities, and all of each Village's elected or appointed officials, officers, employees, agents, representatives, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the representations and warranties in this subsection. F. Termination. Notwithstanding any other provision hereof, the Villages may terminate this Agreement at any time upon 15 days prior written notice to the Consultant. In the 5 event that this Agreement is so terminated, the Consultant shall be paid for Services actually performed and reimbursable expenses actually incurred, if any, prior to termination, not exceeding the value of the Services completed as determined as provided in Exhibit B. G. Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of this Agreement, shall expire on the date the Village Administrator of Morton Grove and the Village Manager of Niles determines that all of the Services under this Agreement, including warranty services, are completed. A determination of completion shall not constitute a waiver of any rights or claims which the Villages may have or thereafter acquire with respect to any breach hereof by the Consultant or any right of indemnification of the Villages by the Consultant. H. Compliance with Laws and Grants. Consultant shall give all notices, pay all fees, and take all other action that may be necessary to ensure that the Services are provided, performed, and completed in accordance with all required governmental permits, licenses, or other approvals and authorizations that may be required in connection with providing, performing, and completing the Services, and with all applicable statutes, ordinances, rules, and regulations, including without limitation the Fair Labor Standards Act; any statutes regarding qualification to do business; any statutes prohibiting discrimination because of, or requiring affirmative action based on, race, creed, color, national origin, age, sex, or other prohibited classification, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Consultant shall also comply with all conditions of any federal, state, or local grant received by Owner or Consultant with respect to this Contract or the Services. Consultant shall be solely liable for any fines or civil penalties that are imposed by any governmental or quasi -governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with Consultant's, or its subcontractors', performance of, or failure to perform, the Services or any part thereof. Every provision of law required by law to be inserted into this Contract shall be deemed to be inserted herein. 1. Default. If it should appear at any time that the Consultant has failed or refused to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that assures completion of the Services in full compliance with the requirements of this Agreement, or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other requirement of this Agreement ("Event of Default'), and fails to cure any such Event of Default within ten business days after the Consultant's receipt of written notice of such Event of Default from the Villages, then the Villages shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: 1. Cure by Consultant. The Villages may require the Consultant, within a reasonable time, to complete or correct all or any part of the Services that are the subject of the Event of Default; and to take any or all other action necessary to bring the Consultant and the Services into compliance with this Agreement. 2. Termination of Agreement by Villages. The Villages may terminate this Agreement without liability for further payment of amounts due or to become due under this Agreement. 3. Withholding of Payment by Villages. The Villages may withhold from any payment, whether or not previously approved, or may recover from the Consultant, 6 any and all costs, including attorneys' fees and administrative expenses, incurred by the Villages as the result of any Event of Default by the Consultant or as a result of actions taken by the Villages in response to any Event of Default by the Consultant. J. No Additional Obligation. The Parties acknowledge and agree that the Villages are under no obligation under this Agreement or otherwise to negotiate or enter into any other or additional contracts or agreements with the Consultant, or with any vendor solicited or recommended by the Consultant. K. Village Boards' Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements with, or representations by the Consultant to vendors shall be subject to the approval of the Board of Trustees of each Village. The Village shall not be liable to any vendor or other third party for any agreements made by the Consultant, purportedly on behalf of the Villages, without the knowledge and approval of the Board of Trustees of the Villages. L. Mutual Cooperation. The Villages agree to cooperate with the Consultant in the performance of the Services, including meeting with the Consultant and providing the Consultant with such non-confidential information that the Villages may have that may be relevant and helpful to the Consultant's performance of the Services. The Consultant agrees to cooperate with the Villages in the performance of the Services to complete the Work and with any other consultants engaged by the Villages. M. News Releases. The Consultant shall not issue any news releases or other public statements regarding the Services without prior approval from the Village Administrator of Morton Grove and the Village Manager of Niles. N. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, calculations, notes, and any other documents, data, or information, in any form, prepared, collected, or received by the Consultant in connection with any or all of the Services to be performed under this Agreement ("Documents') shall be and remain the exclusive property of the Villages. At the Villages' request, or upon termination of this Agreement, the Consultant shall cause the Documents to be promptly delivered to the Villages. O. GIS Data. Each of the Villages have developed digital map information through Geographic Information Systems Technology ("GIS Data') concerning the real property located within their respective Village. If requested to do so by the Consultant, each Village agrees to supply the Consultant with a digital copy of the GIS Data, subject to the following conditions 1. Limited Access to GIS Data. The GIS Data provided by a Village shall be limited to the scope of the Work that the Consultant is to provide for that Village; 2. Purpose of GIS Data. The Consultant shall limit its use of the GIS Data to its intended purpose of furtherance of the Work; and 3. Agreement with Respect to GIS Data. The Consultant does hereby acknowledge and agree that: a. Trade Secrets of the Villages. The GIS Data constitutes proprietary materials and trade secrets of that Village and, shall remain the property of that Village; 7 b. Consent of Villages Required. The Consultant will not provide or make available the GIS Data in any form to anyone without the prior written consent of the Village Administrator of Morton Grove or the Village Manager of Niles, as applicable; c. Supply to Villages. At the request of a Village, the Consultant shall supply that Village with any and all information that may have been developed by the Consultant based on the GIS Data; d. No Guarantee of Accuracy. The Villages make no guarantee as to the accuracy, completeness, or suitability of the GIS Data in regard to the Consultants intended use thereof; and e. Discontinuation of Use. At such time as the Services have been completed to the satisfaction of the Villages, the Consultant shall cease its use of the GIS Data for any purpose whatsoever; and, upon request, an authorized representative of the applicable Village shall be afforded sufficient access to the Consultant's premises and data processing equipment to verify that all use of the GIS Data has been discontinued. SECTION 8. GENERAL PROVISIONS. A. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, properly approved in accordance with applicable procedures, and executed. B. Assignment. This Agreement may not be assigned by the Villages or by the Consultant without the prior written consent of the other party. C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties hereto and their agents, successors, and assigns. D. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid, (iv) by facsimile, or (v) by electronic internet mail ("e-mail"). Facsimile notices shall be deemed valid only to the extent that they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described in either (i), (ii), or (iii) above within three business days thereafter at the appropriate address set forth below. E-mail notices shall be deemed valid and received by the addressee thereof when delivered by e-mail and (a) opened by the recipient on a business day at the address set forth below, and (b) followed by delivery of actual notice in the manner described in either (i), (ii) or (iii) above within three business days thereafter at the appropriate address set forth below. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three business days following deposit in the U.S. mail, as evidenced by a return receipt. By notice complying with the requirements of this Subsection, each Party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. Notices and communications to the Village shall be addressed to, and delivered at, the following address: 8 Village of Morton Grove 6101 CapulinaAvenue Morton Grove, Illinois 60053 Attention: Thomas Friel, Village Administrator Pro Tem E-mail: tfriel{a,mortongroveitorq And to:Village of Niles Village of Niles 1000 Civic Center Drive Niles, IL 60714 Attention: Village Manager E-mail: scv(7a,vniles.org With a copy to: Holland & Knight LLP 131 South Dearborn Street, 30th Floor Chicago, Illinois 60603 Attention: Barbara A. Adams E-mail: barbara.adams@hklaw.com Notices and communications to the Consultant shall be addressed to, and delivered at, the following address: Gewalt Hamilton Associates, Inc. ("Consultant") 625 Forest Edge Drive Vernon Hills, IL 60061 Telephone: (847) 478-9700 Facsimile: (847) 478-9701 Email: pglenn@gha-engineers.com E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation other than the Consultant shall be made or be valid against the Village. F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. G. Time. Time is of the essence in the performance of this Agreement. H. Governing Laws. This Agreement shall be interpreted according to the internal laws, but not the conflict of laws rules, of the State of Illinois. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between either of the Villages and the Consultant with respect to the Proposal and the Services. J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall 9 any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided in this Agreement. K. Exhibit. Exhibits A, B, and C are attached hereto, and by this reference incorporated in and made a part of this Agreement. In the event of a conflict between the Exhibit and the text of this Agreement, the text of this Agreement shall control. L. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by law. M. Counterpart Execution. This Agreement may be executed in several counterparts, each of which, when executed, shall be deemed to be an original, but all of which together shall constitute one and the same instrument. [SIGNATURES FOLLOW ON NEXT PAGE] 10 ATTEST: VILLAGE OF MORTON GROVE By: By: Connie Travis, Village Clerk Thomas J. Friel, Village Administrator Pro Tem ATTEST: VILLAGE OF NILES By: By: Village Clerk Village Manager ATTEST: CONSULTANT By: By: Name: Name: Title: Its: 1435790689_v1 11 EXHIBIT A SCOPE OF SERVICES BACKGROUND Several studies have been prepared to date considering various permutations of suppliers and customer communities. In particular, the following studies have been prepared: • Direct Evanston supply to Des Plaines, Lincolnwood, Niles, NWC, Park Ridge and the Northwest Suburban Municipal Joint Action Water Agency (prepared by MWH). • Direct Evanston supply to Niles, Morton Grove, Glenview and Park Ridge (prepared by MWH). • NWC supply to Niles (prepared by AECOM) • NWC supply to Morton Grove (prepared by AECOM) • Wilmette supply to Des Plaines via Glenview (prepared by Baxter & Woodman) • Wilmette supply via Glenview to North Maine Utilities, Morton Grove, and Niles (prepared by Baxter & Woodman) • Wilmette supply via Glenview to Morton Grove only (prepared by Baxter & Woodman) • Wilmette Water Plant Capacity Expansion Evaluation (prepared by Black and Veatch) SCOPE OF SERVICES Consultant proposes to provide the following services under this agreement: A. Meetings and Coordination 1. Meetings, phone conferences, and correspondence as required to coordinate Consultant's Services with the activities of the "small team" consisting of William Balling (WRB LLC), Barbara Adams (Holland and Knight), and staff from Niles and Morton Grove. 2. Meetings and presentations with the "large team" consisting of the small team plus elected officials of the communities and/or the public. 3. Meetings and coordination with the City of Evanston. 4. Meetings and coordination with the City of Park Ridge. 5. Meetings and coordination with the Village of Skokie 6. Meetings and coordination with the NWC, NSMJAWA, Lincolnwood, or other agencies not currently involved in the project. 7. Correspondence among the various teams and agencies. (For fee estimate, assume 80 hours for meetings and correspondence) B. Technical Review and Analysis 1. Technical review and analysis of engineering studies and reports prepared by others. 2. Engineering financial analysis of proposed improvements. 3. Coordinate engineering components of rate analysis (For fee estimate, assume 40 hours) C. Engineer Selection Assistance 1. Assist with selection of an engineering firm to prepare an updated estimate of construction cost. 2. Assist with preparing a Request for Proposals for engineering firms to prepare a Route Study and Preliminary Engineering Report. (For fee estimate, assume 2 selections processes, 40 hours each) KEY PROJECT STAFF Mr. Patrick J. Glenn, P.E. will serve as the Project Manager for Consultant's Services He will coordinate with the team as outlined in Section 2.D of the Agreement and be assisted by other engineers and technical staff as needed to perform the Services.. EXHIBIT B AGREEMENT AMOUNT For the Scope of Services described in this Agreement, Consultant will work on a time and material basis. The hours estimate in page 2 of this Exhibit indicates an estimated $33,300 fee based on the assumed hours. Services and fees will be on an as -requested basis as provided in Section 2.D of the Agreement. The total cost of all Services provided shall not exceed $33,300.00 without the approval of the Villages pursuant to Section 8.A of the Agreement. Reimbursable expenses, including items such as photos, postage, messenger services, printing, mileage, etc, will be billed without mark-up and are expected not to exceed $500.00. Hours table on following page: I. )) (,e \} !}F., Final Fnoinenna R.Am..LI i b= \\ !�2 ® } I C Engineer Selectior / ƒ !/k k!\ §) }\ !` \\ m] '12 8 )® ,8 ., F. ; /\{ •\ ) VI Meetings&Coordination } f§ IC. Engineer Selection Assistance CI Engineer Selection Assistance I 'ta Gewalt Hamilton Associates, 1 CV EXHIBIT C INSURANCE COVERAGES A. Worker's Compensation and Employer's Liability with limits not less than: (1) Worker's Compensation: Statutory; (2) Employer's Liability: $500,000 injury -per occurrence $500,000 disease -per employee $500,000 disease -policy limit Such insurance shall evidence that coverage applies in the State of Illinois. B. Comprehensive Motor Vehicle Liability with a combined single limit of liability for bodily injury and property damage of not less than $1,000,000 for vehicles owned, non -owned, or rented. All employees shall be included as insureds. C. Comprehensive General Liability with coverage written on an "occurrence" basis and with limits no less than: $2,000,000 Bodily Injury and Property Damage Combined Single Limit Coverage is to be written on an "occurrence" bases. Coverages shall include: Broad Form Property Damage Endorsement Blanket Contractual Liability (must expressly cover the indemnity provisions of the Contract) D. Professional Liability Insurance. With a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate and covering Consultant against all sums that Consultant may be obligated to pay on account of any liability arising out of the Contract. E. Umbrella Policy. The required coverages may be in any combination of primary, excess, and umbrella policies. Any excess or umbrella policy must provide excess coverage over underlying insurance on a following -form basis such that when any loss covered by the primary policy exceeds the limits under the primary policy, the excess or umbrella policy becomes effective to cover such loss. F. Villages as Additional Insured. The Villages shall be named as an Additional Insured on all policies except for: Worker's Compensation and Professional Liability. Each such additional Insured endorsement shall identify the Villages as follows: Village of Morton Grove, including its Board members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives and Village of Niles, including its Board members and elected and appointed officials, its officers, employees, agents, attorneys, consultants, and representatives G. Other Parties as Additional Insureds. In addition to Owner, the following parties shall be named as additional insured on the following policies: Additional Insured Policy or Policies None None Legislative Summary Ordinance 15-11 AMENDING TITLE 1, CHAPTER 10, ARTICLE G, OF THE MUNICIPAL CODE ENTITLED BUSINESS OCCUPATION TAXES Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: June 22, 2015 This ordinance amends Title 1, Chapter 10G to Home Rule Municipal Retailers and Service Occupation Tax to $1.25. To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. Since 1991, the Village has collected a local option municipal retailers' and service occupation tax on the above sale of goods except for exempt sales such as vehicles, groceries, prescription and non-prescription drugs and medical appliances. Currently the Village's local option sales tax is one percent (1.0%). The Village receives approximately $2 million from this tax which is paid by residents and nonresidents and has further diversified the Village's revenue base and reduced its dependency on property taxes. Village staff has determined the local option sales tax rate charged by some neighboring communities including Niles and Skokie is 1.25%, and recommends the Village increase this tax by a quarter percent (1/4%) to one and one-quarter percent (1.25%). Finance Department The Village expects to raise an additional $500,000 per year from this tax increase. The tax will be paid by retail purchasers of non-exempt items, collected by the merchant and paid to the Village. The Finance Department will oversee the collection of this tax as part of its normal duties. Approval Required, Municipal Code Book Change None Prepared by: Teresa Hof age Administrator Pro Tem "Mn, Corporation Counsel Reviewed by: Remy Navarrkte, Finance Director/Treasurer ORDINANCE 15-11 AMENDING TITLE 1, CHAPTER 10, ARTICLE G, OF THE MUNICIPAL CODE TO INCORPORATE A RATE INCREASE IN BUSINESS OCCUPATION TAXES 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 Illinois State Legislative Public Act 85-1135 which became effective on January 1, 1990, established an overall statewide tax rate for general merchandise, food and drugs, which included one percent (1%) (automatically to municipalities) from the sale of goods at retail; and WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, the above Public Act (referred to under Illinois Compiled Statutes 65 ILCS 5/8- 11-1 and 5/8-11-5) also allows for the imposition of a local option municipal retailers' and service occupation tax on the above sale of goods in one-fourth of one percent (.25%) increments -- except for those sales of tangible personal property titled or registered with an Agency of Illinois State government, or of food that is to be consumed off premises; or of prescription or non-prescription drugs and medical appliances; and WHEREAS, the Village Board of Trustees adopted Ordinance 91-62 on December 9, 1991, to officially establish a Home Rule Municipal Retailers and Service Occupation Tax of one-half of one percent (.50%) and on May 16, 1994 adopted Ordinance 94-20, increasing the Home Rule Municipal Retailers and Service Occupation Tax from one-half of one percent (.50%) to three-fourths of one percent (.75%); and on September 22, 2003 adopted Ordinance 03-14 increasing the Home Rule Municipal Retailers and Service Occupation Tax from three-fourths of one percent (.75%) to one percent (1.0%); and WHEREAS, Village staff has determined Home Rule Municipal Retailers and Service Occupation Tax charged by Niles and Skokie is 1.25%; and WHEREAS, after careful study and analysis of various funding options, the Village is desirous of utilizing additional revenues generated from increasing the existing Local Option Sales Tax by one- fourth of one percent (.25%) from one percent (1.0%) to one and one-quarter percent (1.25%); and WHEREAS, it is the intent of the Village to deposit the additional revenues into the General Fund. 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 41 Chapter 10, Article G of the current Village Municipal Code entitled, "BUSINESS OCCUPATION TAXES" is hereby amended to read as follows: Article G. BUSINESS OCCUPATION TAXES 1-10G-1: MUNICIPAL RETAILERS' OCCUPATION TAX: A. Tax Imposed: A tax is hereby imposed upon all persons in the Village engaged in this Municipality in the business of making sales of service at the rate of one and one-quarter percent (1.25%) of the selling price of all tangible personal property transferred by said service persons as an incident to a sale of service, in accordance with the provisions of the Home Rule Municipal Service Occupation Tax Act, 65 ILCS 5/8-11.5 (Ord 91.62, 12-9-91; amd Ord 94-20, 5-16-94; amd Ord 03-14, 9-22-03; amd Ord 15- , 07-13-15) B. Collection of Tax: The taxes being subject of this article and all civil penalties may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this article. (Ord. 91-62, 12-9-91; amd Ord 94-20, 5-16-94) 1-IOG-2: MUNICIPAL SERVICE OCCUPATION TAX: A. Tax Imposed: A tax is hereby imposed upon all persons in the Village engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of the State of Illinois' government, at retail in the Village at the rate of one and one-quarter percent (1.25%) of the gross receipts from such sales made in the course of such business while this chapter is in effect, in accordance with the provisions of the Home Rule Municipal Service Occupation Tax Act, 65 ILCS 5/8-11.1 (Ord 91.62, 12-9-91; amd Ord 94-20, 5-16-94; amd Ord 03-14, 9-22-03; amd Ord 15- , 07-13-15) B. Collection of Tax: The taxes being subject of this article and all civil penalties may be assessed as an incident thereto, shall be collected and enforced by the Department of Revenue of the State of Illinois. The Department of Revenue shall have full power to administer and enforce the provisions of this article. (Ord. 91-62, 12-9-91; amd Ord 94-20, 5-16-94) SECTION 3: The Director of Finance/Treasurer is hereby directed to file a certified copy of this Ordinance with the Illinois Depai intent of Revenue no later than July 20, 2015. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, and will be effective for all eligible sales transactions completed within the corporate limits of the Village on or after August 1, 2015, pursuant to Public Act 87-205 and its appropriate filing with the Illinois Department of Revenue. PASSED this 13th day of July 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 13th day of July 2015 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14th day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 15-12 AMENDING TITLE 1, CHAPTER 10, ARTICLE J, OF THE MUNICIPAL CODE ENTITLED LOCAL MOTOR FUEL TAX Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: `s{ j4i r Teresa Hoffm. • Vton, Corporation Counsel June 22, 2015 This ordinance amends Title 1, Chapter 10J to increase the Village's Local Motor Fuel Tax Ordinance to $.04 per gallon of motor fuel sold at retail To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. In 2003, the Village established a Local Motor Fuel Tax on gasoline sold at retail within the Village of Morton Grove. The tax was increased to $.02 in 2005. The Village currently raises about $290,000 per year from this tax, which is paid by residents and non-residents of the Village and has further diversified the Village's revenue base and reduced its dependency on property taxes. A survey of neighboring communities shows that Des Plaines, Park Ridge and Evanston currently charge a Local Motor Fuel Tax of $ .04 and the Village of Skokie charges $.05 per gallon of fuel sold. Village staff is recommending that this tax be increased to $.04 per gallon. Finance Department The Village expects to raise an additional $200,000 per year from this tax increase. The tax will be paid by retail purchasers of motor fuel, collected by the seller and paid to the Village. The Finance Department will oversee the collection of this tax as part of its normal duties. Approval Required, Municipal Code Book Change None age Administrator Pro Tem Reviewed by: LL. Remy Navarre -7, Finance Director/Treasurer ORDINANCE 15-12 AMENDING TITLE 1, CHAPTER 10, ARTICLE J, OF THE MUNICIPAL CODE ENTITLED LOCAL MOTOR FUEL TAX 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, on December 8, 2003, the Village adopted Ordinance 03-24 which added Title 4, Chapter 17E entitled Local Motor Fuel Tax to the Municipal Code of the Village of Morton Grove; and WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, on December 12, 2005, the Village adopted Ordinance 05-55 which amended Title 4, Chapter 17E to increase the Village of Morton Grove Local Motor Fuel Tax to the rate of $.02 per gallon of fuel sold; and WHEREAS, Village staff has determined that the rate charged by neighboring communities including Des Plaines, Park Ridge and Evanston is $ .04 and the rate charged by Skokie is $.05 per gallon of fuel sold; and WHERAS the Village currently receives approximately $290,000 in revenue as a result of this tax; and WHEREAS, this tax is paid by residents and non-residents of the Village and has further diversified the Village's revenue base and reduced its dependency on property taxes; and WHEREAS, the President and Village Board of the Village of Morton Grove have determined it is in the best to the Village of Morton Grove to now increase the Local Motor Fuel Tax to four cents ($0.04); and WHEREAS, the Village has the policy of regularly reviewing and revising the Municipal Code as necessary to assure all provisions remain compliant with contemporary statutes relevant to current operations. 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 1, Chapter 10, Article J of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: Article J. LOCAL MOTOR FUEL TAX 1-I0J-1: DEFINITIONS: MOTOR FUEL All volatile liquids compounded or used for fueling motor vehicles, including gasoline, gasohol and diesel fuel. MOTOR FUEL RETAILER Any person, firm or corporation engaged in the business of selling motor fuel at retail, and not for resale, and any person owning any premises where motor fuel is sold at retail and not for resale. (Ord. 06-40, 11-27- 2006) 1-10J-2: TAX IMPOSED: There is hereby imposed and levied a tax upon the retail purchase of motor fuel within the Village, at the rate of four cents ($0.04) per gallon or fraction thereof. This tax shall be in addition to any and all other taxes. The ultimate incidence and liability for payment of such tax shall be upon the retail purchaser of motor fuel. Nothing herein shall be construed to impose a tax upon the occupation of selling motor fuel. (Ord. 06-40, 11-27-2006) 1-10J-3: COLLECTION OF TAX: Each motor fuel retailer in the Village shall have the duty to collect the motor fuel tax from each purchaser and to pay it over to the Village, along with an accounting therefore, on return forms provided by the Village. The return and tax payment shall be filed with the Finance Director and Treasurer on the same filing dates as are established for filing with the Illinois Department of Revenue of the Retailers' Occupations Tax Return Form ST -1. (Ord. 06-40, 11-27-2006) 1-10J-4: REGISTRATION AND MAINTENANCE OF RECORDS: Each motor fuel retailer shall register with the Village on forms provided by the Finance Director and Treasurer. Each motor fuel retailer shall have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for the sale of motor fuel and the taxes collected from the purchaser thereof, which shall be made available to the Village for examination and for audit by the Village upon reasonable notice during customary business hours. (Ord. 06-40, 11-27-2006) 1-10J-5: TRANSMITTAL OF EXCESS TAX COLLECTION: If any person collects an amount not subject to the tax imposed hereby but which amount is reported to be for the collection of said tax, or if a person collects an amount upon a sale greater than the tax so imposed herein and does not for any reason return the same to the purchaser who paid the same before filing the return for the period in which such occurred, said person shall account for and pay over those amounts to the Village along with the tax properly collected. (Ord. 06-40, 11-27-2006) 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 for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: Except as to code amendments set forth in this ordinance, all chapters and sections of the Morton Grove Village Code shall remain in full force and effect. SECTION 5: This ordinance shall be effective from and after its adoption, approval, and publication as provided by law. PASSED THIS 13th day of July 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 13th day of July 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 14th day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 15-13 AMENDING TITLE 1, CHAPTER 10, ARTICLE E OF THE MUNICIPAL CODE ENTITLED "MUNICIPAL NATURAL GAS USE TAX" AND APPROVING A TAX COLLECTION AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND NORTHERN ILLINOIS GAS COMPANY, d/b/a NICOR GAS COMPANY Introduced Synopsis Purpose Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Administrator Approval June 22, 2015 This Ordinance will amend the existing 1-10E by increasing the municipal natural gas use imposed a municipal gas tax from two cents ($0.02) to five cents ($0.05) per therm. To provide additional revenue for the Village and further diversify the Village's tax base, decreasing Village reliance on property taxes. In 2002, the Village established a Municipal Gas Use Tax within the Village of Morton Grove of two cents ($0.02) per therm. The Village currently raises approximately $330,000 per year from this tax, which has helped to diversify the Village's revenue base and reduce its dependency on property taxes. A survey of neighboring communities shows the Municipal Gas Use Tax rate charged by Skokie, Arlington Heights, Hoffman Estates, Lake Forest, Lake Zurich, Lincolnshire, and Wheeling is currently five cents ($0.05) per therm. Village staff is recommending the Morton Grove rate be increased to five cents ($0.05) per therm. In order for Nicor to collect this tax at the new rate, it is necessary for the Village to enter into an updated Tax Collection Agreement. This ordinance will also authorize the Village President to enter into that agreement. All Departments Not applicable. Not applicable. The Finance Department will oversee the collection of this tax as part of its normal duties. Approval as presented. Required — Municipal Code Book Change None Prepared by: Teresa Hof lage Administrator Pro Tem iston, Corporation Counsel Reviewed by: Remy Nav rete, Finance Director/Treasurer ORDINANCE 15-13 AMENDING TITLE 1, CHAPTER 10, ARTICLE E OF THE MUNICIPAL CODE ENTITLED MUNICIPAL NATURAL GAS USE TAX AND APPROVING A TAX COLLECTION AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND NORTHERN ILLINOIS GAS COMPANY, d/b/a NICOR GAS COMPANY 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, in furtherance of its home rule powers, it is necessary and desirable for the Village of Morton Grove to amend its ordinances regarding taxation by updating the Municipal Gas Use Tax. WHEREAS, routinely reviews all Village taxes and fees in order to insure their appropriateness and comparability with surrounding municipalities; and WHEREAS, on June 10, 2002, pursuant to Ordinance 02-27, the Village approved the Municipal Gas Use Tax to diversify the Village's revenue base and reduce dependency on the property tax; and WHEREAS, pursuant to Ordinance 02-27, the Village imposed a tax on the consumption of natural gas tax within the Village purchased in a sale at retail at the rate of two cents ($0.02) per therm; and WHEREAS, in 2015, the Village's Finance Department requested a survey from the Northwest Municipal Conference to determine the Municipal Gas Use Tax imposed by neighboring communities. Thirteen communities responded to this survey; and WHEREAS, pursuant to said survey, Morton Grove along with Northbrook charged the lowest tax and communities such as Skokie, Arlington Heights, Hoffman Estates, Lake Forest, Lake Zurich, Lincolnshire, and Wheeling imposed a municipal gas tax at the rate of five cents ($0.05) per therm. WHEREAS, the Village currently receives $330,000 in revenue as a result of this tax; and WHEREAS, the Village is desirous of increasing the Municipal Gas Use Tax within corporate limits to a rate of five cents ($0.05) per therm; and WHEREAS, in the Village President and Board of Trustees find the tax rate provided for in this ordinance are lawful and in full compliance with limitations as set forth in the Illinois Municipal Code; and WHEREAS, in order for Nicor to collect this tax at the new rate, it is necessary for the Village to enter into an updated Tax Collection Agreement. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove Municipal Code be and is hereby amended by updating Title 1, Chapter 10, Article E entitled Municipal Natural Gas Use Tax to read as follows: 1-10E-1: this section: Article E. MUNICIPAL NATURAL GAS USE TAX DEFINITIONS: As used in this chapter, whenever any of the following words, terms, or descriptions are used herein, they shall have the meaning ascribed to them in MUNICIPAL NATURAL The tax imposed by this chapter shall be known as the municipal GAS USE TAX natural gas use tax and is imposed in addition to all other taxes imposed by the village of Morton Grove, the state of Illinois, or any other municipal corporation or political subdivision thereof. PERSON PUBLIC UTILITIES ACT PUBLIC UTILITY RETAIL PURCHASER SALE AT RETAIL Any natural individual, firm, trust, estate, partnership, association, joint stock company, joint venture, corporation, limited liability company, municipal corporation or political subdivision of this state, or a receiver, trustee, conservator or other representative appointed by order of any court. The Public Utilities Act (220 ILCS 5/1-101 et seq [1996]), as amended. A public utility as defined in section 3-105 of the Public Utilities Act. Any person who purchases natural gas in a sale at retail. Any sale of natural gas by a retailer to a person for use or consumption, and not for resale. For this purpose, the term "retailer" means any person engaged in the business of distribution, supplying, furnishing or selling natural gas. VILLAGE The Village of Morton Grove. (Ord. 02-27, 6-10-2002) 2 1-I0E-2: TAX IMPOSED: A. Except as otherwise provided by this chapter, a tax is imposed on the privilege of using or consuming natural gas in the village that is purchased in a sale at retail at the rate of five cents ($0.05) per therm. B. The ultimate incidence of and liability for payment of the tax is on the retail purchaser, and nothing in this chapter shall be construed to impose a tax on the occupation of distributing, supplying, furnishing, selling or transporting natural gas. C. The retail purchaser shall pay the tax, measured by therms of gas delivered to the retail purchaser's premises, to the public utility designated to collect the tax pursuant to section I - 10E-4 of this chapter on or before the payment due date of the public utility's bill first reflecting the tax, or directly to the village's treasurer on or before the fifteenth day of the second month following the month in which the natural gas is delivered to the retail purchaser if no public utility has been designated to collect the tax pursuant to section 1-10E-4 of this chapter or if the natural gas is delivered by a person other than a public utility so designated. D. A purchaser who purchases natural gas for resale and therefore does not pay the tax imposed by this chapter with respect to the use or consumption of the natural gas, but who later uses or consumes part or all of the natural gas, shall pay the tax directly to the village treasurer on or before the fifteenth day of the second month following the month in which the natural gas is used or consumed. E. The tax shall apply to natural gas for which the delivery to the retail purchaser is billed by a public utility on or after August 1, 2015. (Ord. 02-27, 6-10-2002) Ord 15- , 07-13-15) 1-10E-3: GOVERNMENT ENTITIES EXEMPT FROM TAX: The following governmental entities are exempt from payment of the municipal natural gas use tax: A. All agencies of the federal government; B. All departments and agencies of state government; C. State universities created by statute; D. Municipal corporations; E. Public school districts; F. Special taxing districts, including park districts; and G. Public libraries. (Ord. 02-27, 6-10-2002) 3 1-10E-4: COLLECTION OF TAX: A. The Village President is authorized to enter into a contract for collection of the tax imposed by this chapter with any public utility providing natural gas service in the village The contract shall include and substantially conform with the following provisions: 1. The public utility will collect the tax with respect to natural gas delivered by it to its customers as an independent contractor; 2. The public utility will remit collected taxes to the village treasurer no more often than once each month; 3. The public utility will be entitled to withhold from tax collections a service fee not to exceed three percent (3%) of the amounts collected and timely remitted to the village treasurer; 4. The public utility shall not be liable to the village for any tax not actually collected from a retail purchaser; and 5. Such additional terms as the parties may agree upon. B. A public utility designated to collect the tax imposed by this chapter from its customers shall bill each customer for the tax on all natural gas delivered to the customer unless: 1) the customer's use or consumption is exempt from the tax pursuant to a duly passed and authorized ordinance of the village, or 2) the public utility has received written notification from the village that the customer is exempt from the tax. (Ord. 02-27, 6-10-2002) SECTION 3: The Village President is hereby authorized to execute and the Village Clerk to attest an updated tax collection agreement with the Northern IL Gas Co, d/b/a NICOR Gas Company, said agreement is attached hereto and incorporated herein by reference. SECTION 4: 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 13th day of July 2015. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko 4 APPROVED by me this 13th day of July 2015. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14th day of July 2015. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois