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Home My WebLink About2016-03-28 AgendaMORTON r GROVE Incredibly Close k Arnazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM MARCH 28, 2016 6:00 pm (The hour between 6:00 and 7::00 pm is set aside for Executive Session per 1-5-7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE 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 — March 14, 2016 8. Special Reports a. Swearing In Ceremony for New Police Officer Michael Zachacki by Fire and Police Commission Chairperson Mike Simkins 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Proclamation — Child Abuse Prevention Month — April 2016 12. Clerk's Report — Community Relations Commission 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Police Department, Community and Economic Development Department, Fire and Police Commission, Police Facility Committee, NIPSTA, Lehigh/Ferris TIF, Prairie View TIF (Trustee Witko) b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals, Building Department (Trustee Pietron) 1) Ordinance 16-03 (Introduced March 28, 2016) (First Reading) Approving a Mixed Use Planned Unit Development (PUD) and Related Waivers for a 7 - Story Residential Structure and a 14,000 Sq Ft Single Story Commercial/Retail Structure on a 2.8 Acre Parcel of Land at 8700 Waukegan Road 2) Ordinance 16-04 (Introduced March 14, 2016) (Second Reading) Amending the Village's Unified Development Code (Ord 07-07) to Modify the Definitions for Restaurant Uses (Sec 12-17-1) 3) Ordinance 16-01 (Introduced March 14, 2016) (Second Reading) Amending Title 10, Chapter 3 Entitled Plumbing Regulations of the Municipal Code to Adopt the Most Current Version of the Illinois Plumbing Code and to Require New and Replacement Plumbing Fixtures Meet USEPA Specifications c. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan (Trustee Minx) I) Ordinance 16-06 (Introduced March 14, 2016) (Second Reading) Updating Title 7, Chapter 9 of the Municipal Code Entitled "Construction of Utility Facilities in the Public Rights -of -Way", Section 4 Entitled "Permit Required; Applications and Fees", Section 5 Entitled "Action on Permit Applications" and Section 15 Entitled "Location of Facilities" 14. Reports by Trustees (continued) c. Trustee Pietron (continued) 2) Resolution 16-20 (Introduced March 28, 2016) Authorizing the Execution of a Contract with Mondi Construction, Inc. for 2016 Concrete Replacement Program 3) Resolution 16-21 (Introduced March 28, 2016) Authorizing the Execution of a Contract with Lyons Electric Company, Inc. for the Traffic Signal and Street Lighting Maintenance Program d. Trustee Ramos — Legal, Finance Department, Finance Advisory Commission, Traffic Safety Commission, Waukegan Road TIF, Capital Projects (Trustee Thill) e. Trustee Thill — Fire Department, Emergency Management Agency, RED Center, Environmental Health, Solid Waste Agency of Northern Cook County, Appearance Commission (Trustee Ramos) Trustee Witko — IT Communications, Strategic Plan Committee, Family and Senior Services Department, Chamber of Commerce, Advisory Commission on Aging (Trustee Grear) 15. Other Business 16. Presentation of Warrants - $1,754,111.59 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 MARCH 14, 2016 CALL TO ORDER I & Village President Dan DiMaria called the meeting to order at 7:00 p.m. in the Council II. Chambers of Village Hall. He then led the Board and assemblage in the Pledge of Allegiance. III. Village Clerk Connie Travis called the roll. Present were: Trustees Bill Grear, Rita Minx, John Pietron, Ed Ramos, John Thill, and Janine Witko. IV. APPROVAL OF MINUTES Regarding the February 22, 2016 Regular Board Meeting, Trustee Thill moved to approve the Minutes as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. V. SPECIAL REPORTS VI. VII. VIII. NONE PUBLIC HEARINGS NONE RESIDENTS' COMMENTS (Agenda Items Only) NONE PRESIDENT'S REPORT 1. Appointment Mayor DiMaria sought the Board's concurrence of his appointment of Anisa Laliwala to the Community Relations Commission. Trustee Thill so moved, seconded by Trustee Minx. Motion passed unanimously via voice vote. VIII. Minutes of March 14, 2016 Board Meeting PRESIDENT'S REPORT (continued) 2. Mayoral Update a. Mayor DiMaria was pleased to announce that Morton Grove has been named as one of the Top Ten Safest Cities in the State of Illinois. The website BackgroundChecks.org ranked Morton Grove as the eighth safest in Illinois because of its low property and violent crime rates. b. Mayor DiMaria said he was very proud that the Village had received this distinction and complimented both the Police Department and the residents, saying "it takes a village" to make this happen. c. Mayor DiMaria encouraged everyone to come out to the next Neighborhood Outreach, which takes place at the American Legion Memorial Civic Center at 6:00 p.m. on Wednesday, March 16. He said its an excellent opportunity for residents to interact with their elected officials as well as Village department heads. d. Mayor DiMaria said that reminder notices for renewing animal licenses and purchasing Village stickers are going out in the mail this week. People can renew their animal licenses and purchase vehicle stickers online, via mail, or by coming to Village Hall. (Sales at Village Hall begin on March 17.) Mayor DiMaria urged residents to sign up for the Village's emergency notification system. It is important that the Village be able to contact people when emergencies such as a broken water main occur. People can sign up by phone, online, or in person by stopping by Village Hall. f. Mayor DiMaria said the MG Police Department is asking everyone to participate in a customer satisfaction survey about the department. The survey is available online via the Police Department's web page, and can be taken through the end of March. e. 3. Proclamation Mayor DiMaria proclaimed March 21`t as "William Springborn Day" in the Village to honor the 100th birthday of resident William Springborn. Mr. Springborn has lived in the Village most of his life and is a founding member of the Morton Grove Community Church. The proclamation will be hand -delivered to Mr. Springborn at the Community Church on Sunday, March 20th. IX. 1. CLERK'S REPORT Clerk Travis reminded the assemblage to vote in the primary election tomorrow. Polls will be open from 6:00 a.m. to 7:00 p.m. 2. Clerk Travis announced two new initiatives of the Community Relations Commission. One is a photo contest where residents submit pictures that demonstrate the Village's tag line "Incredibly Close. Amazingly Open." Residents can submit up to five photos which will be judged based on the subject, the composition, and how the picture relates to the tag line. The other Commission -sponsored initiative is an "adopt -a -pot" campaign, where residents or organizations can choose to adopt a planter pot on Dempster Street, at the Civic Center, or around the Metra Station to help keep it beautiful all year round. a. 2 inutes of March 14, 2016 Board Meeting IX. CLERK'S REPORT (continued) b. Clerk Travis said that members of the Community Relations Commission would be on hand at the Neighborhood Outreach to help get the word out and to answer any questions. X. STAFF REPORTS A. Village Administrator: 1. Village Administrator Czerwinski asked the Board to consider an extension of Plan Commission Case 15-09, regarding the 8700 Waukegan Road development project. Heartland Real Estate Partners had requested a two-week continuance, so that the first reading of the redevelopment ordinance and the planned unit development ordinance would occur on March 28 and the second reading of both would be on April 11. a. Mr. Czerwinski commented this is a big project and two more weeks won't make a significant difference Trustee Thill moved to grant the requested extension of time, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Minx pig Tr. Ramos ave Tr. ThiII a� Tr. Pietron Tr. Witko an 2. Mr. Czerwinski said that one of the items under Trustee Pietron's report is an ordinance that will give the Village an opportunity to modify its franchise agreement with Northern Illinois Gas (NICOR). Because certain provisions of the ordinance are time -sensitive, staff has requested that the second reading of the ordinance be waived. a. He explained that NICOR is attempting to make all of its franchise agreements "universal." Because the Village made payments totaling $6,743.90 in the years 2010 and 2012 to fund legal expenses as part of its membership in the Northern Illinois Municipal Natural Gas Franchise Consortium, early adoption of this franchise agreement will give the Village a $27,246 "early adoption bonus" from NICOR. b. Mr. Czerwinski said the franchise term will be 25 years, and the agreement allows NICOR to work in Village rights-of-way and requires the company to indemnify the Village. Additionally, the Village will receive 63,924 in "unbilled therms" as a credit for being allowed to work in the Village's rights-of-way. 3, Mr. Czerwinski announced that the MG Police Department would be participating in a national "Prescription Drug Take -Back Day" on April 30. More information about this will be posted on the Village's website and its Facebook page. 3 Minutes of March 14, 2016 Board Meeting X. B. Corporation Counsel: Corporation Counsel Liston had no report. XI. A. Trustee Grear: Trustee Grear had no report. STAFF REPORTS (continued) TRUSTEES' REPORTS B. Trustee Minx: 1. Trustee Minx presented for a first reading Ordinance 16-04, Amending the Village's Unified Development Code (Ord. 07-07) to Modify the Definitions for Restaurant Uses (Section 12-17-1). She explained that the Municipal Code currently defines "Restaurant" as "An establishment where food is prepared, served, and consumed: This could mean a variety of establishments where food is served, including banquet facilities, bars which serve food, specialty grocery stores, and restaurants. In order to clarify the "restaurant" use, staff reviewed definitions of "restaurant: from various communities around Chicago and well as from other parts of the country and developed new definitions that cover the key aspects of a "restaurant" use. The proposed amended definition for a general "restaurant" better defines the nature of this type of business use and clarifies "restaurants" from "bars" that serve food, and other establishments where food may be prepared, served, and consumed. The proposed amended definition for "Carryout Restaurant" now includes a specific limit on the number of seats to further clarify that their primary business is the sale of food for consumption off -premises. The proposed amended definition for "Drive -In Restaurant" will be expanded to include "Drive -Through Restaurant" uses. In the interest of clarity, staff proposes to eliminate the "Restaurant, Sit Down" definition as the distinction between sit-down restaurants and carryout restaurants will already be covered through the proposed amended definitions for general "Restaurant" and "Carryout Restaurant" uses. a. b. c. d. e. Trustee Minx said the Plan Commission voted to recommend approval of this text amendment 4-0-3 (three members of the Commission were absent). As this is the first reading of this Ordinance, no action will be taken this evening. 2. Next, Trustee Minx introduced for a first reading Ordinance 16-01, Amending Title 10, Chapter 3 Entitled "Plumbing Regulations" of the Municipal Code of the Village of Morton Grove to Adopt the Most Current Version of the Illinois Plumbing Code and to Require New and Replacement Plumbing Fixtures Meet USEPA Specifications. 4 1Ninutes of March 14, 2016 Board Meeting XI. B. Trustee Minx: (continued) a. TRUSTEES' REPORTS (continued) Trustee Minx said the Village's water is drawn from Lake Michigan and is regulated by the Illinois Department of Natural Resources (IDNR). Recently the IDNR amended water allocation rules and regulations to require communities that use Lake Michigan water adopt the most current edition of the Illinois Plumbing code as approved by the Illinois Department of Public Health (IDPH) and to require the use of WaterSense-labeled plumbing fixtures for all new and replaced plumbing fixtures and irrigation controllers. WaterSense-labeled products are 20% more efficient than average products and provide measurable water savings. b. Trustee Minx said this Ordinance will amend the Village's code to comply with IDPH and IDNR regulations by adopting the most current version of the Illinois Plumbing Code with certain approved amendments and to require the use of WaterSense-labeled products for all new and replaced plumbing fixtures and irrigation controllers. As this is a first reading of this Ordinance, no action will be taken this evening. C. Trustee Pietron: 1. Trustee Pietron presented Resolution 16-16, Authorizing the Execution of a Contract With Brancato Landscaping, Inc. For the 2016 Tree Planting Program—Program B. a. He explained that the Village has an annual program, dependent on funding appropriations, to plant trees within Village rights-of-way and property. Public Works considers it to be cost- effective to hire a contractor to furnish and plant the trees. The 2016 Budget includes an alloca- tion of $85,000 for tree replacement. Resolution 16-12, passed earlier this year, authorized ex- ecution of a contract with Acres Group for the 2016 Tree Planting Program in the amount of $36,465. Resolution 16-11 authorized an agreement with the U.S. Forestry Service for a federal financial assistance grant to plant trees. The grant requires that the total amount to be spent on planting trees by December 31, 2016, to be $63,000. b. Trustee Pietron said the combined efforts of the grant obligation and budgetary constraints limit the Village's expenditures on tree replacement to between $63,000 and $85,000. A significant shortfall of planned expenses remains, which allows for a second, sizeable tree replacement contract. This contract was bid through a public process in accordance with Village Code. The low bid was submitted with errors relating to the proper signature and identification of corporate officers, as required in the bid document, but the Village has the right to waive "technical" deficiencies such as these. c. Trustee Pietron said the estimated contract value is $33,550, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Pietron moved, seconded by Trustee Minx, to approve Resolution 16-16. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx ave Tr. Pietron aye Tr. Ramos gyp Tr. Thill An Tr. Witko gig 5 XI. C. Trustee Pietron: (continued) 2. Next, Trustee Pietron presented Resolution 16-17, Authorizing the Execution of a Task Order With Ciorba Group, Inc. For Design Engineering Services For the Meade -Moody Sanitary Sewer Project. He explained that, in October 2013, the Sewer Division of Public Works responded to a sewer back-up at 9000 Meade Avenue. The issue was traced to a private sewer main, likely installed in the 1930's, running through the backyards of 8800 and 8900 Meade Avenue. During the following months, the Sewer Division found extremely debilitated pipe conditions throughout the 1,200 foot length of the private sewer, affecting 25 homes that connect to it. Trustee Pietron said the approved option is to install a new sanitary main in the alley right-of- way, reconnect those 25 homes, and abandon the private sewer main. The estimated cost of the design engineering for this project is $43,387. Funding is available in the 2016 Budget for this. {Minutes of March 14, 2016 Board Meeting'. TRUSTEES' REPORTS (continued) a. b. c. Trustee Grear clarified that a timetable has not yet been set for the actual construction of the new sewer main; this is just for the design engineering work. Public Works Director Andy DeMonte said that is correct. Trustee Pietron moved to approve Resolution 16-17, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos aye Tr. Thill Tr. Pietron a� Tr. Witko aye 3. Trustee Pietron then brought forward Ordinance 16-05, Franchise Agreement With Northern Illinois Gas Company (D/B/A/ Nicor Gas Company) to Construct, Operate, and Maintain a Natural Gas Distributing System In and Through the Village of Morton Grove. a. He thanked Mr. Czerwinski for his excellent explanation of this Ordinance and said this franchise agreement is a significant improvement over the existing franchise. It includes a "most favored nations" clause, mandates an increase in insurance from Nicor from $5,000 to $50 million, requires Nicor to comply with public rights-of-way regulations and to indemnify the Village, gives the Village 63,924 therms of unbilled gas annually (versus 57,000 with the current franchise, and, as Mr. Czerwinski noted, gives the Village a one-time early adoption bonus of $27,246 if the franchise agreement is submitted to Nicor by March 31, 2016. In light of that deadline, Trustee Pietron moved to waive the second reading of Ordinance 16-05, seconded by Trustee Minx. Trustee Grear clarified that if the Village didn't pass this Ordinance this evening, it would more than likely lose out on the early renewal money. Mr. Czerwinski said that's correct. b. c. Motion passed: 6 ayes, 0 nays. Tr. Grear Eys Tr. Minx Tr. Ramos Tr. Thill ays Tr. Pietron a'L Tr. Witko ays 6 Minutes ofMarch 14, 2016 Board Meeting XI. C. Trustee Pietron: (continued) d. TRUSTEES' REPORTS (continued) Trustee Pietron then moved to adopt Ordinance 16-05, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear sys Tr. Minx Tr. Pietron Tr. Ramos ave Tr. Thili ays Tr. Witko Aye Trustee Thill asked Mr. Czerwinski to clarify what an "unbilled therm" is. He responded that "therm" is the measurement of gas. "Unbilled therms" is the amount of gas the Village gets as a credit for the franchise agreement. Mr. Czerwinski said it's a very positive position for the Village to have. 4. Lastly, Trustee Pietron introduced for a first reading Ordinance 16-06, Updating Title 7, Chapter 9 of the Municipal Code Entitled "Construction of Utility Facilities in the Public Rights -of -Way," Section 4 Entitled "Permit Required; Applications and Fees," Section 5 Entitled "Action on Permit Applications," and Section 15 Entitled "Location of Facilities." He explained that this Ordinance will update the Village's construction standards and requirements for utility facilities in the public right-of-way to require contractors as well as utility companies doing work within the right-of-way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right-of-way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles. a. b. Trustee Pietron said the Village rights -of -ways are a valuable and limited Village asset. From time to time, utility companies request the right to install structures, devices, objects and materials on, over, above, along, upon, under, across, or within these rights-of-way. Title 7, Chapter 9 of the Village Code identifies the process and standards by which the Village may grant permission to utility companies to utilize the rights-of-way. The Village adopted an ordinance in 2007 that was modeled after an ordinance developed by the Illinois Municipal League. Recently, the Village contracted Municipal Services Associates, Inc. (MSA) to review that ordinance, especially considering the proliferation of small cell antennaw being attached to utility poles. MSA recommended that the Village Code be modified to require contractors as well as utility companies doing work within the right-of-way to file a written traffic control plan and an emergency contingency plan; to clarify the review process for right-of-way permits; and to establish location standards for attaching small cell antennas or distributed antenna systems to utility poles. As this is a first reading, no action will be taken this evening. D. Trustee Ramos: 1. Trustee Ramos presented Resolution 16-18, To Update Authorized Signatures on Village Bank Accounts. 7 Minutes of March 14, 2016 Board Meeting.. XI. D. Trustee Ramos: (continued) a. Trustee Ramos explained that, with the departure of the previous Village Administrator and Finance Director, various institutions require the filing of a Village resolution for the new designation of authorized signatories. Trustee Ramos moved, seconded by Trustee Pietron, to approve Resolution 16-18. TRUSTEES' REPORTS (continued) Motion passed: 6 ayes, 0 nays. Tr. Grear gyg Tr. Minx Tr. Ramos gyg Tr. Thill gyg Tr. Pietron aQ Tr. Witko Lys 2. Next, Trustee Ramos presented Resolution 16-19, Authorizing the Annual July 4 Parade and Closure of Dempster Street. a. He explained that the Illinois Department of Transportation (IDOT) requires the Village to adopt a resolution authorizing the closure of Dempster Street. This resolution also authorizes the Village Engineer to file an application through IDOT for the closing of Dempster Street, Route 58, from 2:00 p.m. to 4:30 p.m. on Monday, July 4, 2016, for the Village's annual July 4 Parade. Trustee Ramos moved to approve Resolution 16-19, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear gyp. Tr. Minx Tr. Ramos g(e Tr. Thill gig gig Tr. Pietron Tr. Witko Trustee Grear pointed out that it's only five months until the Fourth of July! E. Trustee Thill: Trustee Thill had no report. F. Trustee Witko: Trustee Witko had no report. XII. OTHER BUSINESS NONE gyg Big 8 inutes of March 14, 2016 Board Meeting XIII. XIV. a. XV. WARRANTS Trustee Ramos presented the Warrant Register for March 14, 2016, in the amount of $332,794.92. He moved that the Warrants be approved as presented. Trustee Witko seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear ayg Tr. Minx ave Tr. Ramos Ays Tr. Thill gyg Tr. Pietron Att Tr. Witko RESIDENTS' COMMENTS GUI Luksha, a 15 -year resident, appeared before the Board with some feedback and ideas to help make the Village better. He pointed out that the potholes in the 5600 and 5700 blocks of Capri and Emerson are terrible. He said he has complained about this to the Village, adding that, as a result, some of the potholes have been filled in. However, there's still a long way to go. Mr. Luksha also has water ponding in front of his house, which concerns him. He was also concerned about the Village's pension shortfall. He heard the shortfall was $84 million. He showed the Board his tax bill, pointing out the pension line item, and asked how the Village could be so short on the pension. Mayor DiMaria said the Village has met or exceeded its pension obligation over the last three years. He assured Mr. Luksha that the Village is funding the pensions, stating that doing so is not only a State obligation, but it's the Village's obligation to its employees. Mr. Luksha said he was also particularly concerned with pedestrian safety, noting that a pedestrian had been killed crossing Waukegan Road to get to the Dominick's store (when it was there) and, more recently, a woman was hit and killed on Golf Road. He said there are no sidewalks along Golf Road, but there is a pathway where a sidewalk could be constructed. Mr. Luksha said he often sees individuals walking along Golf Road or walking under the railroad bridge and said that it's very dangerous. Trustee Thill pointed out that Golf Road is a State Route and the Illinois Department of Transportation (IDOT) was in charge of it. Mr. Luksha related that he complained to the City of Park Ridge after he'd been hit by a driver turning right on a red light by Lutheran General Hospital, and the City went to IDOT to take care of the problem, which was successfully addressed. Mayor DiMaria said he would be happy to write a letter to IDOT about Golf Road but felt it would be better for Mr. Luksha to talk to the IDOT people in person. He thanked Mr. Luksha for his comments and his time, and reminded the assemblage about the Neighborhood Outreach at the Civic Center on Wednesday at 6:00 p.m. ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx Tr. Ramos Ays Tr. Thill gig The meeting adjourned at 7:46 p.m. Tr. Pietron al[e Tr. Witko ave 9 ;tllinutes=of March 14, 2016 Board Meeting' PASSED this 28th day of March, 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 28th day of March, 2016. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of March, 2016. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Causer 10 February 29, 2016 Vi age of eNorton grove President & Board of Trustees VILLAGE OF MORTON GROVE 6101 Capulina Ave. Morton Grove, IL 60053 Fire and Police Commission Direct Telephone 847/470-5226 Fax 847/965-7711 In accordance with directives issued by you, competitive examinations were conducted in accordance with 65 ILCS 5/10-2.1-6 of the Illinois Compiled Statutes, 1992 (Revised). The following person has qualified and is herewith appointed to a probationary status of Police Officer in the Morton Grove Police Department of the Village of Morton Grove, lllinois, pursuant to the Rules and Regulations of the Fire and Police Commission, effective on the date following his name. MICHAEL T. ZACHACKI Effective date of appointment is February 29, 2016, at 8:30 am, when he will report to the Police Department for orientation. Formal swearing in will be held at the Village Board meeting on March 28, 2016 Submitted by: 4 4 Michael Simkins, Fire & Police Commission cc: M. Zachacki PD Admin. R. Czerwinski Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 T ,. /OAn\ „rt A,,.,. rndamatirnt April is WHEREAS, regardless of who they are or the circumstances of land Abuse their birth, every child deserves to be kept safe from harm; and PreVentiOri Month ViIiage of Morton Grove abuse; and WHEREAS, during the month of April, residents of the Village of Morton Grove are reminded of the courage it takes to raise a child, and that fundamental human rights means living free from violence and WHEREAS, child abuse is considered to be one of our nation's most serious public health problems, with scientific studies documenting the link between the abuse and neglect of children which cause a wide range of medical, emotional, psychological, and behavioral disorders; and WHEREAS, child abuse can also disrupt early brain development, and can cause serious chronic stress which can impair the development of nervous and immune systems; and WHEREAS, keeping children safe from abuse means playing an active role in their life, having check -ins, and teaching them the warning signs of abuse and how to protect themselves; and WHEREAS, empowering children and providing them with safe places to live, learn, and play is vital to keeping them safe from harm; and WHEREAS, child abuse prevention programs succeed because of partnerships between families, social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community; and WHEREAS, displaying a pinwheel and/or wearing a blue ribbon during the month of April will serve as a positive reminder that together we can prevent child abuse and neglect and keep our children safe. NOW, THEREFORE, I, Bill &rear, President Pro Tem of the Village of Morton Grove, Illinois, do herby proclaim April 2016, as CHILD ABUSE PREVENTION MONTH and call upon everyone to increase their participation in the effort to support families, thereby preventing child abuse and strengthening our community so it continues to be a great place to live, work, and raise our families. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Bill Grear, Village President Pro Tem Legislative Summary Ordinance 16 -03 AN ORDINANCE APPROVING A MIXED USE PLANNED UNIT DEVELOPMENT ("PUD") AND RELATED WAIVERS FOR A 7 -STORY RESIDENTIAL STRUCTURE AND A 14,000 SQUARE FOOT SINGLE -STORY COMMERCIAL/RETAIL STRUCTURE, ON A 2.8 ACRE PARCEL OF LAND, AT 8700 WAUKEGAN ROAD, MORTON GROVE, ILLINOIS 'introduced: iynopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Read: Special Considerations or Requirements: Respectfully submitted: alph E Prepared by: March 28, 2016 This ordinance will approve a mixed-use Planned Unit Development (PUD) for a 7 - story, 184 unit residential building and an approximately 14,000 sq. ft. single -story commercial building, with waivers and conditions, at 8700 Waukegan Road. Approval of a mixed use PUD for a 7 -story, 184 unit residential building and an approximately 14,000 sq. ft. single -story commercial building at 8700 Waukegan Road, with conditions and waivers, and the establishment of the number of parking spaces, in accordance with Section 12-6, of the Village Code. 8700 MG LLC, owner of 8700 Waukegan Road, is seeking approval of a mixed-use PUD to allow for a 7 -story, 184 unit residential building, and an approximately 14,000 sq. ft. single -story commercial building. Proposed site improvements include 327 on-site parking spaces, new landscaping, reconfiguration of and improvements to on-site vehicular and pedestrian access ways, and improved stormwater facilities. The 2.8 acre site is on the west side of Waukegan Road, south of Dempster Street. With their PUD application, the applicant is seeking variations and approvals for the following dimensional, bulk and parking requirements: a 2.25ft. waiver to the minimum 5 ft. side yard setback for the residential building; a 37 ft. waiver to the maximum 40 ft. height requirement; a 0.55 waiver to the maximum of 2.0 Floor Area Ratio (FAR) requirement; a waiver to the loading berth requirement for the commercial structure; and establishment of the number of parking spaces for the mixed-use PUD at 333 overall (327 on-site and 6 parking spaces on the adjacent shared Access and Parking Easement Area, located south of the subject property). The Appearance and Traffic Safety Commissions reviewed the project at their December 7, 2015 and December 9, 2015 meetings, respectively, and recommended conditions for approval. Based on the application, plans, supporting documents and the testimony presented at the January 18, 2016 Public Hearing, the Plan Commission voted 5-1-1 (Gabriel voted against; Dorgan absent) to recommend approval of this application with conditions. Community and Economic Development ("CED") Department N/A N/A The CED Department will manage as part of normal work activities. Approval as presented. April 11, 2016 one. Administrator Reviewed by / Teresa Hoffman Liston,iCcfrporation Counsel / / ORDINANCE 16-03 AN ORDINANCE APPROVING A MIXED USE PLANNED UNIT DEVELOPMENT ("PUP") AND RELATED WAIVERS FOR A 7 -STORY RESIDENTIAL STRUCTURE AND A 14,000 SQUARE FOOT SINGLE -STORY COMMERCIAL/RETAIL STRUCTURE, ALL ON A 2.8 ACRE PARCEL OF LAND, AT 8700 WAUKEGAN ROAD, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove ("Village"), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and can exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and incur debt; and WHEREAS, 8700 MG, LLC, 1200 N. Ashland, Suite 600, Chicago, Illinois 60622, an Illinois limited liability company ("Applicant"), has submitted an application to the Village's Plan Commission, under case number PC15-09, for a mixed-use planned unit development ("PUD") and related waivers to allow the construction of a 7 -story, 184 unit residential structure ("Residential Facility") and a 14,000 square foot, single -story commercial/retail structure ("Retail Facilities") on the 2.8 acre parcel of real estate commonly known as 8700 Waukegan Road, Morton Grove, Illinois 60053, and legally described in Exhibit A attached to and made a part of this Ordinance ("Property") ("Application"); and WHEREAS, the Property is located in the C1 General Commercial District; and WHEREAS, pursuant to that Access and Parking Easement Agreement, dated March 15, 1973, by and between American National Bank, not individually but as Trustee of Trust No. 77639 under Trust Agreement dated March 1, 1973 and American National Bank, not individually but as Trustee of Trust No. 77641 under Trust Agreement dated March 1, 1973, filed in the Office of (Torrens) Titles on August 15, 1973 as Document No. 2710918 ("Access and Parking Easement Agreement"), the Applicant, as successor in interest to American National Bank, not individually but as Trustee of Trust No. 77639 under Trust Agreement dated March 1, 1973 has the right to use the 75 foot wide parcel immediate adjacent to the south of the Property for off street parking and ingress to and egress to and from Waukegan Road ("Access and Parking Easement") ; and WHEREAS, the Applicant proposes to demolish the existing 1 -to -2 story, 61,985 square foot office building currently located on the Property, and construct the Residential Facility and the Retail Facilities as a mixed use PUD on the Property; and 1 WHEREAS, the Applicant has entered into an agreement with Heartland Real Estate Partners -MG, LLC, an Illinois limited liability company ("Developer"), to redevelop the Property as a mixed-use PUD, in accordance with the terms of this PUD Ordinance; and WHEREAS, as of the date of adoption of this Ordinance, the Applicant is the beneficial Owner of the Property and intends to become the fee simple title owner of the Property on or before June 1, 2016; and WHEREAS, the Applicant, Developer and the Village have entered into that certain Redevelopment Agreement dated April 11, 2016, requiring the Developer to redevelop the Property as authorized by this Ordinance and the Applicant has agreed to certain terms and conditions that will be binding on the Applicant and the Property ("Agreement"); and WHEREAS, Section 12-6-3:D. of the Village's Unified Development Code allows planned unit developments in the C 1 General Commercial District on sites greater than an acre and allows the Village Board to grant waivers for planned unit developments related to setback, height, density, floor area ratio (FAR), off-street parking and loading, screening, lighting, signage, and subdivision design standards; and WHEREAS, pursuant to the applicable provisions of the Village's Unified Development Code, notice of a public hearing on the Application to be held on January 18, 2016 was published in the Chicago Tribune, a newspaper of general circulation in the Village of Morton Grove, on December 28, 2015; a sign was posted on the Property from January 6, 2016 through January 18, 2016; and written notification was sent on December 24, 2015 to all property owners within 250 feet of the Property; and WHEREAS, on December 7, 2015, the Village's Appearance Commission reviewed the Application's design for the Residential Facility and the Retail Facilities, as well as the proposed landscaping plans, and recommended certain conditions; and WHEREAS, on December 9, 2015, the Village's Traffic Safety Commission reviewed the Application, including the plans and the traffic study provided by the Applicant, and recommended conditions; and WHEREAS, at the January 18, 2016 public hearing, the Village's Plan Commission heard the Applicant's presentation and reviewed the Application, at which time all concerned parties were given the opportunity to be present and express their views for the consideration by the Plan Commission; and WHEREAS, the Village's Plan Commission considered all the evidence and testimony presented to it, discussed the merits of the Application in light of applicable law, including the PUD criteria established in Section 12-16-4 of the Unified Development Code, and voted to recommend approval of a mixed-use PUD and related waivers as well as modifications to certain parking and loading requirements described in Section 2.B below (collectively, "Waivers"), subject to those conditions, restrictions and requirements contained in the report of the Plan Commission, which was presented to the Village Board on February 22, 2016 and a copy of the report is contained in Exhibit B attached to and made a part of this Ordinance ("Plan Commission Report"); and WHERAS, on March 14, 2016 the Applicant requested pursuant to Section 12-16-4-A-6 of the Municipal Code that case PC 15-09 be continued for consideration by the Village Board to the March 28, 2016 meeting for a first reading and the April 11, 2016 meeting of the Village Board for final action, and the Village Board concurred with this request; and WHEREAS, the President and Board of Trustees ("Corporate Authorities") have considered the Application and recommendations at a public meeting and find, pursuant to the relevant provisions of the Village's Unified Development Code, that the special use for a mixed-use PUD, as presented to the Plan Commission and as recommended in the Plan Commission Report, 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's Unified Development Code, the Corporate Authorities have determined that the proposed special use for a mixed-use PUD and Waivers should be approved, subject to the provisions, conditions and restrictions contained in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: Incorporation By Reference. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance by this reference, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: Approval of Special Use for PUD and Waivers. A. PUD. A special use for PUD, as well as the Waivers described in Subsection B, are hereby granted for the benefit of the Property, for a mixed-use PUD comprised of the Residential Facility and the Retail Facilities, subject to the provisions, conditions and restrictions contained in this Ordinance, which shall be binding on all owners, lessees, occupants and users of the Property, and their successors and assigns 3 B. Waivers. The following requested waivers and modifications to parking and loading requirements of the Unified Development Code ("Waivers") are hereby granted: 1. Waiver of the required five (5) foot side yard setback in Section 12-4-3:E. on the south line of the Property to allow a setback of 2.25 feet for the Residential Facility; 2. Waiver of the maximum building height of 40 feet in Section 12-3-5:C. to allow the Residential Facility to be up to 77 feet in height; 3. Waiver of the maximum floor area ration (FAR) requirement of 2.0 in Section 12-4-3:E. to allow an FAR of approximately 2.55; 4. Waiver of the requirement for one (1) loading berth for 10,000 to 100,000 square feet of commercial space in Section 12-7-4:I to require zero loading berths for the Retail Facilities; and 5. Establish the required number of parking spaces for the Development on the Property pursuant to Section 12-7-3:B. at 333, with 327 parking spaces on the Property and 6 parking spaces on the Access and Parking Easement SECTION 3: PUD and Waiver Conditions. The special permit for PUD and the Waivers granted in Section 2 of this Ordinance are contingent upon the development, use, and maintenance of the Property being in substantial compliance with the following terms, conditions, and provisions: A. Compliance with Redevelopment Agreement. The Applicant and Developer shall comply with all of the terms and provisions of the Redevelopment Agreement. B. Compliance with Plans. The development, use and maintenance of the Property shall be in substantial compliance with the following documents and plans, except for minor changes to the building plans and/or site work, approved by the Village Administrator or his designee, in accordance with all applicable laws and ordinances. The Applicant and Developer shall submit to the Village Administrator or his designee, for review, acceptance and approval, final building plans, elevations, lighting plan, engineering plans, and landscaping plans ("Final Plans"), for the development of the Property, which shall be in substantial conformance with the preliminary plans and elevations listed below and shall be modified as necessary to comply with the conditions included in Section 3.0 of this Ordinance; the following sheets were prepared by Built Form Architecture, unless otherwise noted: 1. Site Plan, Sheet A-100, dated 1/18/2016; 4 2. Site Plan (Colored rendering), Sheet A-100, dated 1/18/2016; 3. Street View Looking Southeast, dated 11/30/2015; 4. Street View Looking Northeast, dated 11/30/2015; 5. North Elevation, dated 11/30/2015; 6. East Elevation, dated 11/30/2015; 7. South Elevation, dated 11/30/2015; 8. West Elevation, dated 11/30/2015; 9. Convenient Store -West, East, South and North Elevation, dated 11/30/2015; 10. Basement Plan, Sheet A-100.5, dated 11/19/2015; 11. First Floor Plan, Sheet A-101, dated 11/19/2015; 12. Second Floor Plan, Sheet A-102, dated 11/19/2015; 13. Third Floor Plan, Sheet A-103, dated 11/19/2015; 14. Fourth Floor Plan, Sheet A-104, dated 11/19/2015; 15. Fifth Floor Plan, Sheet A-105, dated 11/19/2015; 16. Sixth Floor Plan, Sheet A-106, dated 11/19/2015; 17. Seventh Floor Plan, Sheet A-107, dated 11/19/2015; 18. Roof Plan, Sheet A-108, dated 11/19/2015; 19. Building Elevations, Sheet A-200, dated 11/19/2015; 20. Building Elevations, Sheet A-201, dated 11/19/2015; 21. Building Sections, Sheet A-202, dated 11/19/2015; 22. Enlarged Elevations and Wall Sections, Sheet A-400, dated 11/19/2015; 23. Enlarged Floor Plans, Sheet A-600, dated 11/19/2015; 24. Enlarged Floor Plans, Sheet A-601, dated 11/19/2015; 25. Partition Types, Sheet A -800, dated 11/19/2015; 26. Lighting Plan, prepared by CREE, dated 11/18/2015; 27. Preliminary Landscape Plan, Sheet LO.1, prepared by Dickson Design Studio dated 7/12/2016; 28. Preliminary Landscape Plan, Sheet L1.1, prepared by Dickson Design Studio dated 1/18/2016; 29. Preliminary Landscape Plan, Sheet L1.2, prepared by Dickson Design Studio dated 12/1/2015; 30. Tree Removal Plan, prepared by Dickson Design Studio dated 12/1/2015; 31. Existing Conditions, prepared by Pearson, Brown & Associates, dated 11/17/2015; 32. Preliminary Engineering, Sheet 2 of 2, prepared by Pearson, Brown & Associates, dated 12/09/2015. 5 C. Conditions for Final Plans. The plans listed in Section 3.B of this Ordinance and/or any supporting documents shall be modified to comply with the conditions of this Section 3.0 and submitted for review, acceptance and approval by the Village Administrator or his designee. Upon such approval of all of the Final Building Plans and Elevations, Final Landscape Plan and Final Engineering Plan (collectively, the "Final Plans"), the Village Clerk shall attach copies of the Final Plans and record this Ordinance with all exhibits and the approved Final Plans. The conditions to be met include the following: 1. Improvements to Access and Parking Easement Area. If the Applicant and the legal title owner of the Access and Parking Easement Area ("Easement Area Owner") amend the Access and Parking Easement Agreement to reconfigure and/or reassign the parking spaces and/or reconfigure the vehicular access to and from Waukegan Road, then prior to the issuance of any building permits, the Applicant shall provide the Village Administrator with: A. A fully executed and recorded amendment to the Access and Parking Easement or such other agreement between the Easement Area Owner and the Applicant confirming the Applicant and Developer have the legal right to make improvements to and use the Access and Parking in substantial conformance with the terms and conditions of this PUD Ordinance; B. A title insurance policy issued by a reputable title insurance company acceptable to the Village Corporation Counsel evidencing that the Applicant holds such an easement interest in the real estate governed by the Access and Parking Easement Agreement; and C. If the amended Access and Parking Agreement allows the Applicant to make improvements to the Access and Parking Easement Area, including the widening of the shared vehicular access way at Waukegan Road, the Applicant and the Developer shall apply for all necessary approvals from the Illinois Department of Transportation ("IDOT") to widen the curb cut for the Access and Parking Easement Area vehicular access way to/from Waukegan Road. Upon completion of the review of such application by IDOT, the Applicant and Developer shall provide the Village with a copy of the approval or denials of such work from IDOT. Further, if final, IDOT-approved plans and any associated conditions of approval for the widening of the curb cut are acceptable to the Applicant and Easement Area 6 Owner, then the Applicant and the Developer shall file with the Village: (i) a copy of the approved plans, the IDOT permit and any associated conditions and (ii) consent from the Easement Area Owner authorizing the Applicant to proceed with such improvements. The Applicant/Developer shall complete the widening of the curb cut and any other proposed and mutually agreed upon improvements to the Access and Parking Easement Area, prior to the issuance of any Certificates of Occupancy for the Project. 2. Landscaping. Prior to the issuance of a building permit, the Applicant and Developer shall have filed updated landscape plans that comply with the conditions of the Appearance Commission and in accordance with comments from the Village Engineer, as follows: A. The final landscape plan shall include planters along the Waukegan Road side of the Retail Facilities; and B. The final landscape plan shall include the proposed list of landscape materials; and C. The final landscape plans shall have been revised such that any proposed plantings near the access driveway are no more than 30 inches in height to ensure clear sight lines. 3. Traffic/Parking Prior to the issuance of a building permit, the Applicant and Developer shall have filed updated plans and/or supporting documents that comply with the conditions of the Traffic Safety Commission staff report dated December 10, 2015, the Traffic Safety Commission report dated January 7, 2016, and Village Engineer's review memo dated January 8, 2016, related to parking and traffic, as follows: A. The final site plans shall provide accessible parking spaces in compliance with ADA requirements. B. To the extent required, pursuant to Section 3.C.1., above, the final site plans shall include redesigned driveway access to accommodate separate left and right turn egress lanes at the shared access driveway, C. If approved by IDOT, the final site plans shall include an island at the restricted access driveway at Waukegan Road or other improvements and/or signage, acceptable to the Village Engineer, to reinforce the prohibition of left-turn movements from the northern access driveway onto Waukegan Road. D. The final Lighting Plan shall be revised to ensure direct rays of light are not cast on adjacent property to the west and the overall lighting of the parking area surfaces comply with the standards established in Section 12-7-2:K. of the Unified Development Code. E. The final Lighting Plan shall include specifications and light levels for any security lighting that might be installed at the exterior doors. Any such proposed security lighting should be cut-off luminaries to reduce potential for glare to be cast onto Waukegan Road traffic. F. The Applicant shall identity the location(s) for on-site snow storage. 4. Engineering. Prior to the issuance of a building permit, the Applicant and Developer shall submit final engineering plans in accordance with the Village design standards and codes and subject to the following: A. The final engineering plans shall be consistent with the approved site plans in terms of building locations and size, parking and driveway layout, number and location of parking stalls, sidewalks, and all other landscaping and structural features and elements. B. To the extent required, pursuant to Section 3.C. 1. and 3.C.3., above, the final engineering plans shall include any site access modifications, in accordance with and approved by the Illinois Department of Transportation (IDOT) and the Applicant and Developer shall have provided the Village with copies of all required IDOT permits. C. The final engineering plans and site plans shall include a sidewalk along Waukegan Road and pedestrian routes to accommodate pedestrian access from the buildings to the Waukegan Road sidewalk. Such final site and engineering plans shall include a pedestrian circulation plan which shows pedestrian routes from the Property's north end to the Waukegan Road mid -block crosswalk and Dempster Street D. The final engineering plans shall include a separate stormwater management report with a description of tributary, on-site flow patterns and overland outfalls from the Property. Further, the stormwater detention calculations should be included in this stormwater management report and should be removed from the final engineering plans. E. The final engineering and utility plans shall include sufficient evidence that the water supplied to the buildings and hydrants will meet the requirements established by the Fire Department. Further, since the fire hydrants at the south side of the Property are currently on a dead end water line, the final engineering and utility plans shall demonstrate that water flows and volumes are sufficient for the fire sprinkler system, to the satisfaction of the Fire Chief. D. Additional Conditions of Approval. In accordance with the recommendations of the R Appearance Commission, Traffic Safety Commission, Plan Commission and Village staff, the Applicant and Developer shall comply with the following additional conditions of approval of the mixed use PUD and associated Waivers. 1. Proof of Ownership. On or before June 1, 2016, the Applicant shall provide evidence they are the fee simple title owner of the Property. 2. Construction Traffic and Parking. Prior to or concurrent with the Developer's application for a building permit for the Property, the Applicant and Developer shall submit a Construction Management Traffic and Parking Plan ("CM Plan") for review and approval by the Village Administrator or his designee. A. Designated Traffic Routes. Such CM Plan shall include all designated traffic routes, construction fencing and construction sequencing plans, and shall provide that all construction traffic shall enter and exit the Property from the north exit at Waukegan Road. Notwithstanding the approval of the CM Plan, the Village may designate alternate routes of access to the Property for construction traffic to protect pedestrians and to minimize disruption of traffic and damage to paved street surfaces; provided, however, that the designated routes shall not unduly hinder or obstruct direct and efficient access to the Property for construction traffic. The CM Plan shall include the proposed methods by which the Developer will keep all routes used for construction traffic free and clear of mud, dirt, debris, obstructions, and hazards. The Developer shall repair all damage caused by the construction traffic. B. Parking. The CM Plan shall show the location where all construction vehicles, including passenger vehicles, and construction equipment shall be parked within the Property. Any proposed parking area(s) located outside the Property shall be identified and subject to approval by the Village Administrator or his designee. 3. No Construction Prior to Final Approvals. No construction, improvement, or development of any kind shall be permitted on any portion of the Property unless and until the Final Plans are approved by the Village Administrator or his designee in accordance with this Ordinance. Notwithstanding the 9 provisions within this condition, the Applicant and Developer may apply for and the Village Administrator may issue demolition and/or limited site work permits prior to the approval of the Final Plans. 4. Service Vehicles Traffic Coordination. The Applicant and Developer shall ensure that loading, delivery and refuse collection times for the Retail Facilities are scheduled outside peak morning and evening traffic hours to minimize conflicts. 5. Snow Storage/Removal. In the event that any designated on-site snow storage location(s) are insufficient to properly contain snow storage on-site, the Applicant shall contract for the removal of snow, as needed, to ensure that all on-site parking spaces, driveways, emergency access ways, and walkways are accessible and sufficiently cleared of snow. 3. Compliance with Law. The Applicant and Developer shall comply with all requirements of the Village's ordinances and codes that are applicable, in addition to all other federal, state and local laws, rules and regulations. SECTION 4: Access and Inspection. The Applicant and the Developer, and any lessees, occupants, and users of the Property, their successors and assigns, shall allow employees and authorized agents of the Village access to the Property at all reasonable times for the purpose of inspecting the Property to verify all terms and conditions of this Ordinance have been met. SECTION 5: Village Records. 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 and waivers as granted and amended hereunder. SECTION 6: Amendment to Special Permit and Final Plan. Any amendment to the special use for PUD and Waivers granted in Section 2 of this Ordinance that may be requested by the Applicant or the Developer after the effective date of this Ordinance may be granted only pursuant to the procedures provided in the Unified Development Code. SECTION 7: Changes in Ownership or Development; Binding Effect. The Applicant and Developer shall advise the Village Administrator or his designee of any proposed change in ownership or operation of the Property or any part thereof, including the Residential Facility and the Retail Facilities. Such changes may subject the Applicant, Developer or subsequent owners, lessees, occupants, and users of the Property to additional conditions and may serve as the basis for further amendment to the PUD and the Waivers. The PUD and Waivers are granted so long as the 10 Applicant, Developer and subsequent owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 8: Failure to Comply with Conditions. Upon failure or refusal of the Applicant or Developer to comply with any or all of the conditions, restrictions or provisions of this Ordinance, the Corporate Authorities may initiate the revocation of the special use for the mixed- use PUD and Waivers granted in Section 2., in accordance with process and procedures established in Section 12.16-4:C.7. of the Village Code. SECTION 9: Effective Date. This Ordinance shall be effective only upon the occurrence of all of the following events: A. passage by the Board of Trustees of the Village of Morton Grove by a majority vote in the manner required by law; B. publication in pamphlet form in the manner required by law; C. the complete execution and recordation of the Redevelopment Agreement; D. provision by the Applicant or Developer to the Village Clerk a title report issued by a reputable title insurance company acceptable to the Village Corporation Counsel and evidencing that fee simple title to the Property has been conveyed to the Applicant; E. the filing by the Applicant and the Developer with the Village Clerk of an unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance. Said unconditional agreement and consent shall be in the form of Exhibit C, attached to and, by this reference, made a part of this Ordinance. In the event that the Owner and the Developer do not file with the Village Clerk a fully executed copy of this unconditional agreement and consent within 90 days after the date of passage of this Ordinance by the Corporate Authorities, the Corporate Authorities shall have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect. 11 PASSED this 1 lth day of April 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 1 lth day of April 2016. APPROVED and FILED in my office this 1 lth day of April 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois 11 LIST OF EXHIBITS Exhibit Title A Legal Description of the Property B Report of the Plan Commission C Unconditional Agreement and Consent of Applicant and Developer 13 Exhibit "A" Legal Description 8700 Waukegan Road - PARCEL 1: LOTS 195 TO 206, BOTH INCLUSIVE: LOTS 401-408, BOTH INCLUSIVE, ALL OF LOTS 430-436, BOTH INCLUSIVE, LOT 460 (EXCEPT THE NORTH 69.5 FEET THEREOF, AS MEASURED ALONG THE EAST LINE THEREOF); LOT 461 (EXCEPT THE WEST 40.79 FEET OF THE NORTH 69.5 FEET); ALL OF LOTS 462 AND 463; ALL OF THE NORTH AND SOUTH 16 FOOT VACATED PUBLIC ALLEY LYING WEST OF AND ADJOINING SAID LOTS 204, 205, AND 206, LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 204 AND LYING SOUTH OF THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 206; ALL OF THAT PART OF VACATED PUBLIC STREET KNOWN AS CAROL AVENUE, LYING WEST OF THE WEST LINE OF WAUKEGAN ROAD; THAT PART OF THE NORTH AND SOUTH 16 FOOT VACATED PUBLIC ALLEY LYING WEST OF AND ADJOINING SAID LOTS 195 TO 203, BOTH INCLUSIVE; AND ALSO ALL OF THE EAST AND WEST 16 FOOT VACATED PUBLIC ALLEY, LYING NORTH OF AN ADJOINING SAID LOTS 401 TO 408, BOTH INCLUSIVE, ALL TAKEN AS ONE TRACT (EXCEPTING FROM THE ABOVE DESCRIBED TRACT THAT PART LYING SOUTH OF A LINE DRAWN PERPENDICULARLY TO THE WEST LINE OF WAUKEGAN ROAD AT A POINT 355.29 FEET, AS MEASURED ALONG SAID WEST LINE, SOUTH OF THE NORTHEAST CORNER OF LOT 206), ALL IN FIRST ADDITION TO DEMPSTER-WAUKEGAN ROAD SUBDIVISION IN THE NORTHWEST QUARTER (1/4) OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. THE PLAT OF THE ABOVE DESCRIBED SUBDIVISION WAS RECORDED MARCH 11, 1927 AS DOCUMENT NO, 9576777 PARCEL 2: PERPETUAL EASEMENT FOR LIGHT AND AIR, INGRESS AND EGRESS, AND PARKING OVER THE NORTH 75 FEET OF PREMISES LYING SOUTH AND ADJACENT TO PARCEL 1 AS GRANTED IN EASEMENT AGREEMENT FILED AUGUST 15, 1973 AS DOCUMENT 2710918. Exhibit "B" Village of Morton Grove Department of Community Development To: Village President and Board of Trustees From: Ronald Farkas, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner • Date: February 1, 2016 Re: Plan Commission Case PC15-09: 8700 Waukegan, LLC., request for a Mixed Use Planned Unit Development (PUD) comprised of a 7 -story, 184 unit residential structure and a 14,000 sq. ft. single -story commercial structure on a 2.8 acre parcel of land, in accordance with Section 12-6 of the Morton Grove Unified Development Code (Ord. #07-07) at 8700 Waukegan Road, Morton Grove, IL Commission Rqport Public Notice The Village provided public notice of PC 15-09 for the January 18, 2016 Plan Commission public hearing in accordance with the Unified Development Code. The Chicago Tribune published the public notice on December 28, 2015, and the Village mailed letters notifying surrounding property owners on December 24, 2105 and a public notice sign was placed on the subject property from January 6, 2015 through January 18, 2016. Overview of the Application 8700 MG LLC, the applicant and property owner, is seeking approval of a Mixed Use Planned Unit Development (PUD) consisting of two buildings: a 7 -story, 184 unit residential structure and a 14,0001 sq. ft. single -story commercial building. The existing 1 -to -2 story, 61,985 sq. ft. office building would be demolished. Proposed site improvements include the creation of 327 on-site parking spaces2 (garage and surface lot) new landscaping, and reconfiguration of and improvements to the shared access driveway, to the south, to improve traffic flow and access for both the 8700 Waukegan Road and abutting Morton Grove Estates condominium development. The 2.8 -acre subject property is located on the west side of Waukegan Road just south of Dempster Street. The Unified Development Code allows for Planned Unit Developments in the C1 District on properties greater than 1 -acre and allows for the Village Board to grant waivers for PUDs related to setback, height, density, floor area ratio (FAR), off street parking and loading, screening, lighting, signage, and subdivision design standards. Although the submitted application states that commercial building will be 14,680 sq., slight modifications to the site plan during the development review process, specifically to address comments and recommendations by staff, Appearance Commission, and/or Traffic Safety Commission, has resulted in a reduction of the size of the commercial building to down to 14,000 sq. 2 Although the submitted application states there will be a total of 342 parking spaces, slight modifications to the site plan during development, specifically to address accessible sparking spaces and reduced commercial building, has resulted in an overall reduction in the number of total parking spaces Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road As part of their PUD application, the applicant is seeking variations and/or approvals to/for the following dimensional, bulk and parking requirements: 1. Waiver to the 5 ft. required side yard setback (Section 12-4-3:E) on the south side of the property to allow for an 2.75 ft. setback for a portion of the residential building; 2. Waiver to the maximum 40 ft. building height (Sec. 12-3-5:C) to allow for a residential building height of 77 ft.; 3. Waiver to the maximum Floor Area Ratio (FAR) of 2.0 (Sec. 12-4-3:E) to allow for a FAR of 2.55; 4. Waiver to one (1) required loading berth per 10,000-100,000 sq. ft. in commercial space (Sec. 12-7-4:I) to allow for no loading berth; and 5. Request to establish the number of parking spaces for the Mixed -Use PUD at 333 overall parking spaces: 327 on-site spaces + 6 shared spaces (Sec. 12-7-3:B) January 18. 2016 Public Hearing Ms. Nancy Radzevich, Director of Community and Economic Development, introduced the case and summarized the Plan Commission staff report dated January 12, 2016, which was entered, in it's entirety, into the public record. (Attachment 1) The 8700 MG, LLC development team was sworn in: Timothy Grogan, representing the owner, 8700 MG, LLC, and the developer Heartland Real Estate Partners, LLC which is wholly owned by Equibase Capital Group, LLC; Arden Freeman, Built Form Architecture, architect; William Woodward, KLOA, Inc., traffic engineer; John Cerbus, Pearson Brown & Associates, civil engineer; and Sharon Dickson, Dickson Design Studio, landscape architect. Timothy Grogan began the presentation with a history of the 8700 mixed-use project that has been in conceptual development for 2 /2 years. He stated the existing 8700 Waukegan Road office complex has operated with a general occupancy rate of 40-60 %. Seeking to maximize the site's development potential, the owners began to explore a total redevelopment of the property especially as the property lay within the Dempster/Waukegan TIF boundary. At the outset of their development exploration process they hired Tracy Cross and Associates, a market research company, to analyze the property's commercial, retail, and the residential potential. Their analysis supported the concept for the proposed 7 story residential building with one-story retail mixed use PUD that is currently before the Plan Commission. Mr. Grogan started his presentation by addressing the key concern of the Morton Groves Estates Morton Grove Estates/Grove Manor Condominiums ("Morton Grove Estates") to the south, the potential impact of the development on the shared driveway at the south of the proposed 8700 Waukegan development. Mr. Grogan provided an overview of the steps his team has taken to try to alleviate the concerns of Morton Grove Estates. Mr. Grogan stated that he was working on an agreement between his team and Morton Groves Estates, and upon completion of this project, he's suggesting they form an association to share in the cost of snow removal, landscaping and maintenance of the shared driveway. These responsibilities and associated costs are currently the full responsibility of the Morton Grove Estates owners. In addition, after meetings with residents from Morton Grove Estates, Mr. Grogan stated their team designed the mixed-use development to minimize the impact of the proposed residential Pian Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road As part of their PUD application, the applicant is seeking variations and/or approvals to/for the following dimensional, bulk and parking requirements: 1. Waiver to the 5 ft. required side yard setback (Section 12-4-3:E) on the south side of the property to allow for an 2.75 ft. setback for a portion of the residential building; 2. Waiver to the maximum 40 ft. building height (Sec. 12-3-5:C) to allow for a residential building height of 77 ft.; 3. Waiver to the maximum Floor Area Ratio (FAR) of 2.0 (Sec. 12-4-3:E) to allow for a FAR of 2.55; 4. Waiver to one (1) required loading berth per 10,000-100,000 sq. ft. in commercial space (Sec. 12-7-4:I) to allow for no loading berth; and 5. Request to establish the number of parking spaces for the Mixed -Use PUD at 333 overall parking spaces: 327 on-site spaces + 6 shared spaces (Sec. 12-7-3:B) January 18, 2016 Public Hearing Ms. Nancy Radzevich, Director of Community and Economic Development, introduced the case and summarized the Plan Commission staff report dated January 12, 2016, which was entered, in it's entirety, into the public record. (Attachment 1) The 8700 MG, LLC development team was sworn in: Timothy Grogan, representing the owner, 8700 MG, LLC, and the developer Heartland Real Estate Partners, LLC which is wholly owned by Equibase Capital Group, LLC; Arden Freeman, Built Form Architecture, architect; William Woodward, KLOA, Inc., traffic engineer; John Cerbus, Pearson Brown & Associates, civil engineer; and Sharon Dickson, Dickson Design Studio, landscape architect. Timothy Grogan began the presentation with a history of the 8700 mixed-use project that has been in conceptual development for 2 1/2 years. He stated the existing 8700 Waukegan Road office complex has operated with a general occupancy rate of 40-60 %. Seeking to maximize the site's development potential, the owners began to explore a total redevelopment of the property especially as the property lay within the Dempster/Waukegan TIF boundary. At the outset of their development exploration process they hired Tracy Cross and Associates, a market research company, to analyze the property's commercial, retail, and the residential potential. Their analysis supported the concept for the proposed 7 story residential building with one-story retail mixed use PUD that is currently before the Plan Commission. Mr. Grogan started his presentation by addressing the key concern of the Morton Groves Estates Morton Grove Estates/Grove Manor Condominiums ('Morton Grove Estates") to the south, the potential impact of the development on the shared driveway at the south of the proposed 8700 Waukegan development. Mr. Grogan provided an overview of the steps his team has taken to try to alleviate the concerns of Morton Grove Estates. Mr. Grogan stated that he was working on an agreement between his team and Morton Groves Estates, and upon completion of this project, he's suggesting they form an association to share in the cost of snow removal, landscaping and maintenance of the shared driveway. These responsibilities and associated costs are currently the full responsibility of the Morton Grove Estates owners. In addition, after meetings with residents from Morton Grove Estates, Mr. Grogan stated their team designed the mixed-use development to minimize the impact of the proposed residential 2 Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road and commercial traffic on the shared driveway. For example, all operational traffic for the mixed use development, such as delivery, garbage, and loading trucks, would be encouraged to use the north limited access point to access the site. 14. Grogan also emphasized that the businesses in the commercial space are anticipated to be small retail businesses. These businesses will have small deliveries capable of being accepted to the rear of the building. He also noted this is why the loading dock variance is being requested. Mr. Grogan informed the commission that they had considered increasing the shared driveway access way from 2 lanes to a 3 lane at the exit/entrance, to alleviate some queuing of cars. However, that would have eliminated additional parking spaces, which was a concern of some of the abutting residents. Any changes to the curb cuts would need to be approved by the Illinois Department of Transportation ("IDOT'D. Mr. Grogan discussed another concern of the Morton Grove Estates —their parking garage has a steep ramp that leads right to the shared driveway. When conditions are icy and snowy, residents must increase speed to climb the ramp and exit the garage causing potential conflicts with the two-way traffic on the shared driveway and potential vehicles that may be parked across the way. He noted the proposed site improvements eliminate the existing parking spaces opposite that garage access point. In addition, the additional stop signs and signals are proposed to help reduce the potential vehicular conflict points along the shared driveway. Mr. Grogan noted the elimination of the number of shared parking spaces is also a concern of the abutting residents. Currently, the spaces along the shared driveway are used for 8700 Waukegan Road businesses during the day and Morton Grove Estates residents and visitors in the evening. In order to address this concern, Mr. Grogan has offered to designate the current shared parking spaces on the south side of the shared driveway for exclusive use by Morton Grove Estates. Finally, Mr. Grogan noted that during construction, a temporary fence would be put up to prevent construction vehicles from using the shared driveway - all construction traffic will enter from the north limited access point. Chairperson Farkas asked Mr. Grogan how certain he was that the shared easement was perpetual and runs with the land. Mr. Grogan stated he was 100% certain; and referred the Commissioners to the copy of the recorded easement included in the application. Mr. Arden Freeman, the Project Architect, continued the presentation and reviewed the proposed residential and commercial buildings elevations. The buildings would be clad with glass, brick, and nichiha fiber cement panels. The first two floors include the parking garage and main lobby and management offices, which will be two story high spaces. The third level will have 37 units with a fitness center and central outdoor area with a dog walk, lounging and active recreation areas and grills. Residential units will continue on floors four through seven. The seventh floor will also have another outdoor area with grills, lounging area, and a fire table. The outdoor areas are still in design phase. Commissioner Shimanski asked about the slope of the parking garage ramps. Freeman noted the slope was 8%. Shimanski also asked how the mix of units was developed. Grogan replied the mix was developed from the market research study. Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road Commissioner Shimanski also asked for clarification on the FAR calculations — he noted that it did not appear accurate. Mr. Freeman, during the meeting, did a preliminary recalculation of the FAR and concurred that the 3.31 FAR on the submitted plans was not correct. His preliminary recalculation indicated it was actually much lower around 2.5. He stated he would do a more formal recalculation prior to final approval, but the requested waiver would be closer to 0.5. (After the meeting, as directed by the Commission, the Architect confirmed the final requested FAR is 2.55). Commissioner Blonz asked if the development would utilize any environmental features in its construction. Freeman stated that all of the current energy code standards have been met and there will be high efficient air conditioning and furnaces. Commissioner Shimanski noted that meeting current building code requirements is just shy of LEED certification. Mr. John Cerbus, civil engineer, provided an overview of the existing site conditions and utilities as well as an overview of the submitted preliminary engineering plan. Commissioner Gabriel asked if the parking area would be used for stormwater retention. Brown replied that there would be no surface storage; all the stormwater will be directed to an underground vault. Commissioner Blonz asked if the drainage for the property would go to the existing sewer or if the property would be regraded. Brown stated a new drainage system would be installed and that the site would be regraded and directed to the underground vault. William Woodward, traffic engineer, reviewed the proposed site plan pursuant to the access driveways, circulation and parking. He reiterated the site would continue to be served by two existing access points off of Waukegan Rd. The northern access is restricted to right -turn -in, right -turn -out. The south access is a full access driveway providing one lane in and one lane out under stop sign control. Mr. Woodward noted that the conducted traffic study determined that in the afternoon, a queue of four vehicles exiting from the shared driveway is probable. The study, however, calculated that there are enough gaps in the traffic flow along Waukegan road to allow cars to exit the development. As part of their traffic study, they also examined the projected volume of traffic that would be generated by the retail uses on weekdays and Saturday and the result was low. Mr. Woodward discussed the proposed parking plan. The site includes 51 commercial parking spaces, and 276 for residential, of which 237 are in the garage and 39 are outside, on the north side of the building. Using the Institute of Transportation Engineers (ITE) standards, the proposed parking to bedroom ratio, 276 spaces for 258 total bedrooms, exceeds the ITE standard of a recommended 1 to 1 parking space to bedroom ratio. In addition, he noted that the 51 commercial spaces can be used by the residents after business hours. He then responded to some of the questions and comments raised by the Traffic Safety Commission and Village Engineer. He noted the site circulation plan has been designed for all types of emergency vehicles and trucks, that off-site snow removal would be utilized, crosswalks have been added to connect retail to residential buildings, and stop sign controls will be utilized. Commissioner Blonz stated his inclination that there is not enough adequate visitor parking. Grogan said there will be 18 surplus parking spaces based on the bedroom to parking spaces Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road ratio. In addition, when the retail stores close in the evening the 51 -space retail parking lot would be available for residents. Commissioner Blonz also asked if the redevelopment of the shopping center to the east of this property would affect the traffic in this area. Woodward explained that the traffic study was projected thru the year 2021 based on a regional perspective, but did not specifically include additional projections for potential redevelopment of the shopping center. Blonz also asked if there could be an improvement on the shared access to exit onto Waukegan Road. He noted the traffic study is projecting up to 38 seconds of wait time. Woodward stated there would be a delay in the traffic exiting from this development, but the capacity analysis does not take into consideration any gaps in traffic. As such, he believes some of the projected delays included in the analysis have been overstated. Blonz then inquired about the queue analysis from the report, which shows a probable queue of 2 cars when earlier in his presentation he stated up to 4 cars at a time could be waiting. Woodward explained morning peak hour and afternoon would have a 2 -car queue and in the evening there would be a 4 -car queue. Commissioner Blonz asked for an explanation of the gap study, which shows 197 gaps in one hour. Woodward explained how the gap study was performed. He also stated gap study takes into consideration the time it takes the driver to see the gap, react and turn out onto Waukegan Rd. Looking at the gap where there is one car coming out, and that is immediately followed by a second car, is how the 197 gaps per one hour is calculated. Woodward further explained the gap study is separate from the capacity analysis. The capacity analysis is based on the delay that a vehicle might be experiencing to exit the site. This is based on a single egress lane. Blonz asked if it's their conclusion that the development is planned in a manner that is acceptable. Woodward responded the single lane exit will work based on the amount of traffic. Chairperson Farkas asked for clarification on how the assigned spaces will be differentiated from the guest spaces at the surface parking lot. Mr. Grogan explained the assigned spaces will be numbered and others designated as guest parking. Farkas also asked if the 6 -shared parking spaces south of the commercial building could be removed in order to increase the access lanes from 2 to 3. Grogan explained IDOT would need to approve the change in access driveway width and, since the parking spaces are very dose to the entrance and exit, some of the spaces may need to be removed. Sharon Dickson, the Landscape Architect, reviewed the landscape design for the development, which will include planters, seasonal flowers, shade trees and evergreens. The third floor outdoor terrace will have grills, tables, fireplace with seating, putting green, and also will include perennials and shrubs. All of the units that are on this level will have a separate patio area that looks out onto this area. The 7th floor outdoor space will have grills, a fire table, couches, side chairs, and private areas. Commissioner Blonz asked how many trees will be added, to replace the 22 trees that are being removed. Dickson stated they are proposing 35 new deciduous shade trees, which will be 2 1/2 inch caliper at time of planting. Mr. Grogan addressed the zoning variations being requested with approval of the PUD. These include: a 2,75 ft. waiver to the side set back for the residential building along the south; a Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road request to establish the required parking at 333 total parking spaces; a 37 ft. waiver to the height requirement, vs. the 35 ft. waiver in the application, to account for increased height for structural system; and an approximate 0.5 waiver to the FAR (later verified to be 0.55 by the Architect); and the waiver of the required loading berth for the commercial structure. Mr. Grogan also reviewed the unit mix as shown in the submitted application — unit types include studio, 1 bedroom, and 2 bedroom -plus -den units. The rent, based on a 2015 market range, will range from $1400 to $2500 a month. Mr. Grogan also reviewed the proposed project schedule. The plan is to begin demolition in February or March 2016. Vertical construction will begin in May. Once the residential structure is completed, the construction on the retail building will begin. The projected delivery is not until August of 2017. They expect stabilization, when the project will be 95% occupied, will be in May of 2018. Commissioner Blonz expressed concerns about lighting levels on the west side of the site. Grogan stated they will address these on the final lighting plan and shields can be added to prevent any impacts on abutters. Commissioner Blonz noted that for PUD's, additional allowances are typically granted in return for a public good; he asked what public benefits the Village would receive from this proposal. Mr. Grogan stated this project will be a significant improvement over the present building and their investment in the redevelopment of this site will bring new vitality to this area and hopefully will spur additional redevelopment in this area. Chairperson Farkas asked how many units are in the Morton Grove Estates Condominium development. IdeIle Peaceman, the President of the Homeowners Association, stated that there are 258 units. Chairperson Farkas asked if there was anyone present that wanted to be heard on this case. Ms. Peaceman stated she does not believe the traffic study accurately reflected the existing situation. She stated there is already a waiting period of up to 1 1/2 minutes mid-day for cars that wants to make a left hand turn out onto Waukegan Road. She also noted that there are three access ways from their condo development the one at the south, allows right turns only, and other two allow both north and south bound turns. She suggested there needed to be adjustments made to this traffic study. George Spridakos, resident from 8640 Waukegan Rd, stated his concern with the elimination of parking on the north side of the shared driveway. He believes the design of the development limits the available parking and will create a problem for the residents in the building. He stated the condo board would be seeking legal advice on the changes to the shared property/parking. Michael Ger, 8721 National, Niles, spoke. Previous to the hearing, he submitted a letter to the Plan Commission. He summarized his letter as he stated that the proposed development would not be beneficial to the neighbors. His noted concerns about the height of the building, as he believes it will block sunlight on his property and affect his privacy. He also stated that the 6 Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road proposed fence that would deny him direct access to the 8700 Waukegan property. He noted that he cannot remove his 16 ft. kayak or his garbage cans out of his back yard unless he uses this back gate. Mr. Ger wanted to know how this proposed development will promote the health safety & welfare of the Village. Mr. Ger also questioned who would be responsible for the removal of snow and leaves between the their fence and the new fence. Mr. Ger stated there was a sewer backup several years ago and expressed concerns this development will impact the sewers. Mr. Grogan acknowledged that there is an existing fence along the neighboring properties to the west with several gates for pedestrian to exit to the east. However, there is no easement that specifically allows those residents to access his property. He explained that adding the solid fence would be a safety measure to prevent people from walking out onto the emergency access driveway. Ted Abel, 8770 National, Niles, stated there is a 4 ft. easement in the back of the property for utilities. Com Ed was just there and trimmed trees in the back of the property. He's concerned that if a new fence goes up, the utility company will not be able to access this area. Without the gates for pedestrians, they would have to drive over a mile access to businesses along Waukegan and Dempster. Mr. Grogan again stated that no such easement is shown on their plat of survey. Natasha Dubov, 8640 Waukegan Rd, asked what the maximum permitted density is for this site. Chairperson Farkas stated there is no maximum density limit in Morton Grove. Dubov expressed concern that the driveway access would be taken away from the residents to the south and about traffic impacts during construction. Dubov continued by stating that they believe up to 400 vehicles will be using this driveway and this is not acceptable. She also expressed concerns that the parking spaces along the south side of the shared driveway will be used by the new residents, even if they are supposed to be dedicated to the Morton Grove Estates residents. Dubov asked what type of tenants are anticipated in this development and stated that they believe the property taxes for their condo building will go up due to this rental property. Tamara Solok, 8630 Waukegan, stated that not all the residents in her building were notified of the meetings and submitted a petition signed by 22 owners of condominiums in the Morton Grove Estates development. The petition expresses concern with the density of the development and potential parking and traffic problems. George Chifchiev, 8723 National, Niles, stated that his building is in a unit on the northeast corner of the subdivision of Chesterfield Estates. He expressed concern about the new fence, as they would no longer have access out onto the 8700 Waukegan Road property, which he believes to be important for emergency purposes. He also expressed concerns with the height and separation distance between the new building and his residence. Chairperson Farkas asked if there were any other members of the public who wanted to be heard on this case. There was no response. Farkas allowed Mr. Grogan an opportunity to respond to some of the questions. Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road Mr. Grogan responded to the comment of reduction in the number of parking spaces along the shared access driveway by stating the proposed improvements were directly in response to their concerns about being able to safely exit their parking garage. He stated that the parking spaces across from their driveway can be added back in. Grogan reiterated that their offer to make improvements to the shared driveway and parking area and to begin to share in the expenses for maintenance, snow removal, etc. is being offered voluntarily. He went on to say that he still believes they can mutually come up with a solution that works for both property owners. He also stated that a third lane can be added to the shared driveway entrance/exit, but reminded that some parking spaces near the entrance will have to be removed. The current curb cut is 30 ft. wide; IDOT is going to require 36 ft. Any such modifications are ultimately up to IDOT. Mr. Grogan addressed the concerns of the new fence potentially blocking the gates in the fence to the west. From a safety standpoint, he cannot add similar penetrations along his new fence. He reiterated that there is no easement on the 8700 property for the residents to the west. He stated that they can investigate possibly adding one access point along the fence to allow their residents to walk to the new commercial uses a the 8700 Waukegan Road site. Ms. Radzevich added that the notice for the meeting, per the code is for owners within 250 ft. This included only the condos within 250 ft. of the site. However, the Village specifically extended the notification beyond the code requirements to include all the units in the 8620, 8630 and 8640 Waukegan Road buildings. Mr. Grogan restated that during construction, a fence will separate the sites and construction trucks will not be using the shared driveway. Farkas asked the Commissioners for any additional questions. Hearing none, he asked members to begin their discussion of the application. Commissioner Blonz stated that based on receipt of his letter, he tried to get onto Mr. Ger's property, but couldn't because it is one of the middle units in the building. Blonz stated that no matter what the developer does with the new fence, Mr. Ger's rear yard will continue to be landlocked and suggested Mr. Ger should work something out with his immediate neighbors to go through their property get his kayak out. Blonz noted that their gates lead out onto what will be an emergency lane and believes it would be too dangerous to allow them to have access. Blonz agreed with the concern expressed by the developer. Commissioner Gabriel referenced the residents concerns about the potential impact the height and the location of building will have on sunlight at their properties. Gabriel asked if a sunlight/shade study had been done. Mr. Grogan stated a shade study had not been prepared. Ms. Radzevich responded to concerns raised about the location of the building and stated that the setback of proposed residential structure far exceeds the minimum 5 ft. rear setback requirement. Chairperson Farkas asked if there were any other comments. Hearing none, Farkas asked for a motion to approve this case. 8 Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road Commissioner Shimanski moved to approve Case PC 15-09 with the recommendations suggested in the Plan Commission report and all the requested waivers. Commissioner Blonz seconded the motion. Commissioner Blonz stated that he had some concerns about guest parking and about the egress access going northbound on Waukegan Road, but believes these are not insurmountable. The overall presentation was acceptable and he believes this is a positive move for the community. He stated that he would vote to recommend approval of the project. Mr. Grogan responded and said that they could address some of the continuing concerns about the shared driveway entry/exit width and shared parking by eliminating the south entrance to the 8700 parking garage. Commissioners Khan and Gillespie both stated that they believe the applicant had presented a well-designed project and believe that the applicant and the abutter will be able work out a solution to address the remaining concerns on the shared access driveway and parking. They both stated they would vote in support of the project. Commissioner Gabriel stated that he was still concerned about the impact of the height and location of the building. He asked how important the retail space was to the success of this project, suggesting if that were eliminated, the residential building could be moved closer to Waukegan Road. Mr. Grogan said the loss of the commercial building would hurt the Village because they are counting on the tax revenue from the retail uses. Commissioner Gabriel stated that due to the concerns about the height of the building he would not be able to support this project. He voted against the motion to recommend approval. Chairperson Farkas stated that he believes the single lane egress on the shared driveway may cause excessive traffic delays for the residents. He stated he wasn't sure he can support this project without the additional egress lane added. Commissioner Shimanski stated that the egress is not going to change the development as a whole, which would be approved by the PUD, and it's not going to change any of the requested variances. This is something that could be worked out later and it should not affect the vote at this hearing. This is something that could be added to the conditions of approval. Ms. Radzevich added this has been done before with other cases where certain design elements and associated approvals would need to be resolved as part of the permitting process. Chairperson Farkas asked how such a condition would be added. Ms. Radzevich stated that she believes both Commissioners Shimanski and Blonz are on track with their suggestion that the requested changes to the shared driveway be an additional condition of approval. IDOT will have to approve any alterations to the driveway entrance/exit — both in terms of widening the curb cut and the location of the parking immediately adjacent to the entrance. So will the abutting residents. This can be built into the Commission's recommendation that the approval be conditioned on the applicant seeking any necessary 9 Plan Commission Board Report - February 1, 2016 PC #15-09: 8700 Waukegan Road approvals from IDOT and the abutting residents to expand the curb cut and add a third access lane to allow for dedicated left and right hand turns out onto Waukegan. This would need to be resolved prior to the issuance of building permits. Chairperson Farkas stated that he was satisfied with this additional condition. Commissioner Shimanski amended his motion to recommend approval of Case PC 15-09 with the conditions suggested in the staff report and with the additional condition that the applicant shall seek all necessary approvals from both IDOT and the abutting residents to widen the curb cut and reconfigured the driveway entrance, to allow for three access lanes, prior to issuance of any building permits and recommended approval of all the requested waivers. The amended motion was seconded by Blonz. Voting as follows: Commissioner Khan aye Commissioner Gillespie aye Commissioner Blonz aye Commissioner Gabriel no Commissioner Dorgan absent Commissioner Shimanski aye Chairperson Farkas aye Motion passed with a vote of 5-1-1 10 EXHIBIT C Unconditional Agreement and Consent of Applicant and Developer TO: The Village of Morton Grove, Illinois ("Village"): WHEREAS, 8700 MG, LLC, an Illinois limited liability company ("Applicant"), is the beneficial owner and will become the legal owner, and Heartland Real Estate Partners -MG, LLC, an Illinois limited liability company, is the developer ("Developer") of the property located at 8700 Waukegan Road in the Village ("Property"); and WHEREAS, the Property is subject to a Redevelopment Agreement, dated as of April 11, 2016, that was approved by the Corporate Authorities pursuant to Resolution No. 16-22 ("Agreement"); and WHEREAS, the Applicant and Developer have sought approval of a special use permit for a planned unit development and waivers on the Property; and WHEREAS, Ordinance No. 16-03, adopted by the President and Board of Trustees of the Village of Morton Grove on April 11, 2016 ("Ordinance"), grants approval of such special use permit for a planned unit development and waivers, subject to certain conditions; and WHEREAS, the Applicant and Developer each desire to evidence to the Village their unconditional agreement and consent to accept and abide by each of the terms, conditions, and limitations set forth in said Ordinance; NOW THEREFORE, the Applicant and Developer do hereby agree and covenant as follows: 1. The Applicant and Developer shall, and do hereby unconditionally agree to, accept, consent to and abide by all of the terms, conditions, restrictions, and provisions of that certain Ordinance No. 16-03, adopted by the Village Board of Trustees on April 11, 2016. 2. The Applicant and Developer acknowledge and agree that the Village is not and shall not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village's review and approval of any plans for the Property, or the issuance of any permits for the use and development of the Property, and that the Village's review and approval of any such plans and issuance of any such permits does not, and shall not, in any way, be deemed to insure the Applicant and Developer against damage or injury of any kind and at any time. 3. The Applicant and Developer acknowledge that the public notices and hearings have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in Section 12.16-4:C.7. of the Village Code, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or any denial of any procedural right. 4. The Applicant and Developer agree to and do hereby hold harmless and indemnify the Village, the Village's corporate authorities, and all Village elected and appointed officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with (a) the Village's review and 16 approval of any plans and issuance of any permits, (b) the procedures followed in connection with the adoption of the Ordinance, (c) the development, construction, maintenance, and use of the Property, and (d) the performance by the Applicant and Developer of their obligations under this Unconditional Consent and Agreement. 5. The Applicant and Developer shall, and do hereby agree to, pay all expenses incurred by the Village in defending itself with regard to any and all of the claims mentioned in this Unconditional Consent and Agreement. These expenses shall include all out-of-pocket expenses, such as reasonable attorneys' and experts' fees, and shall also include the reasonable value of any services rendered by any employees of the Village. ATTEST: 8700 MG, LLC, an Illinois limited liability company By: By: Its: Its: SUBSCRIBED and SWORN to before me this day of , 2016. Notary Public [SEAL] ATTEST: HEARTLAND REAL ESTATE PARTNERS -MG, LLC, an Illinois limited liability company By: By: Its: Its: SUBSCRIBED and SWORN to before me this day of , 2016. Notary Public [SEAL] 17 Legislative Summary Ordinance 16-04 *MENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07-07) TO MODIFY THE DEFINITIONS FOR RESTAURANT USES (SEC. 12-17-1) March 14, 2016 Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: /' Prepared by: This ordinance will modify definitions for "Restaurant", "Restaurant, Carry -Out", and "Restaurant, Drive -In" and eliminate the "Restaurant, Sit -Down" definition. The proposed amendment will update and clarify the general defmition of a general restaurant, a carry -out restaurant and a drive-in or drive-through restaurant. The Village of Morton Grove Municipal Code (Title 12, Chapter 17) defines Restaurant as, "An establishment where food is prepared, served and consumed," and is written in such a way that the it could mean a variety of establishments where food is served, including but not limited to banquet facilities, bars which serve food, event halls, specialty grocers as well as restaurant.. In order to clarify this type of use, staff reviewed the definitions of "Restaurant" from various communities around Chicago as well as from other parts of the country, and developed new definitions that cover the key aspects of a "Restaurant" use. The proposed amended definition for a general "Restaurant" better defines the nature of this type of business use and clarifies "Restaurants" from `Bars" that serve food and other establishments where food may be prepared, served and consumed. The proposed amended definition for "Carryout Restaurant" definition is modified to include a specific limit on the number of seats to further clarify that their primary business is the sale of food for consumption off premises. And, the proposed amended "Drive -In Restaurant, Drive -In" definition will be expanded to also include "Drive - Through Restaurants" uses. Finally, in the interest of clarity, staff proposes to eliminate the "Restaurant, Sit Down" definition as the distinction between sit down restaurants and can), out restaurants has been covered through the proposed amended definitions for general "Restaurant" and "Carryout Restaurant" uses. PC#16-01 was presented to the Plan Commission for public hearing on February 15, 2016. There was no public comment. After reviewing the proposed amendment, the Plan Commission voted to recommend approval of the text amendment to the Village Board. (4-0-3; Blonz, Dorgan, and Shimanski absent). Community and Economic Department N/A N/A These amendments will be implemented by the Community and Economic Development in the normal course of business. Approval as presented March 14, 2016, required — Municipal Code Book change None diete Village Administrator yM h, Reviewed by Teresa H EA T- • irrenston, Corporation Counsel d Economic Development Director ORDINANCE 16-04 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE (ORD. 07-07) TO MODIFY THE DEFINITIONS FOR RESTAURANT USES (SEC. 12-17-1) WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in case number PC 16-01 to consider and recommend the adoption a of text amendment to the Village of Morton Grove Unified Development Code, Section 12-17-1, to modify the definitions for restaurant uses; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove which publication took place on January 28, 2016, a public hearing was conducted on February 15, 2016 relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated February 16, 2016, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Village of Morton Grove Municipal Code currently defines a "Restaurant" as "An establishment where food is prepared, served and consumed"; and WHEREAS, the existing Restaurant definition is written in such a way that the it could mean a variety of establishments where food is served, including but not limited to banquet facilities, event halls, a "soup kitchen," specialty grocers, as well as restaurants; and WHERAS, staff reviewed the municipal codes of many other communities within the Chicago area as well as around the country and developed a new general definition for a Restaurant, which highlights the key aspects of a restaurant business, which is the preparation and sale of food and drink for ready consumption, primarily within the principal building; and WHEREAS, this new general definition for a "Restaurant" use allows for a clear distinction between restaurants and other food service establishments and bar and tavems with a food service component; and WHEREAS, the "Carryout Restaurant" definition is also being modified to include a specific limit on the number of allowed seats to further clarify that their primary business is the preparation and sale of food or drink for consumption off premises; and WHEREAS, the "Drive -In Restaurant" definition is modified to also include "Drive -Through Restaurant" uses, which allows for two types of auto -related restaurant uses to included in a single definition; and WHEREAS, the "Sit Down Restaurant" definition will be eliminated as the distinctions between a traditional sit-down "Restaurant" and a "Carryout Restaurant" has already been accomplished through the new proposed definitions included herewith; and WHERAS, the Corporate Authorities have concluded that the proposed amendment will preserve the intent of the Unified Development Code, will allow for and encourage orderly development, and will provide clarity in the definitions of Restaurant uses; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good; and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: Title 12 entitled Unified Development Code, Chapter 17, entitled Definitions, of the Municipal Code is hereby amended with the following: 12-17-1: DEFINITIONS: RESTAURANT: An establishment - - . An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food, however kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a "Bar." RESTAURANT, CARRYOUT: An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, of which the majority is served for consumption off premises, and that has no more than eight seats available to patrons for on -premise consumption RESTAURANT, DRIVE-IN or DRIVE-THROUGH: A -restaurant A restaurant or carryout restaurant which is also designed or intended to enable a customer, without exiting a motor vehicle, to purchase food and drink for ready consumption either on-site, within their vehicle, or offsite PASSED this 28th day of March 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 28th day of March 2016. Bill Grear, Village President Pro Tem Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 29th day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois y`.trry rHS� Village of Morton Grove MORTON GROVE Incredibly Close 4 Amsungly OP= Department of Community Developm To: Village President and Board of Trustees From: Ron Farkas, Plan Commission Chairperson Nancy Radzevich, AICP, Community & Economic Development Director Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner I'/ Date: February 17, 2016 Re: Plan Commission Case PC 16-01 - Application for a Text Amendment to Chapter 17 of Title 12 of the Village of Morton Grove Municipal Code (Ord. #07-07) to modify the definitions for Restaurant uses COMMISSION REPORT Public Hearing Notice The Village provided Public Notice for the February 15, 2016 Plan Commission public hearing for PC 16-01 in accordance with the Unified Development Code. The Pioneer Press published the public notice on January 28, 2016. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Amendment Bac ground The Village of Morton Grove Municipal Code (Title 12, Chapter 17) defines Restaurant as, "An establishment where food is prepared, served and consumed". This definition is written in such an inclusive manner that it could define a variety of other types of establishments as a Restaurant. This proposed amendment will not only clarify the general definition of a restaurant (vs. a bar that serves food), but will also clarify restaurant types, which may require a different level of review and/or different parking requirements. Proposed Amendment Staff proposes the following Amendment to Section 12-17-1 of the Unified Development Code as follows: 12-17-1: TERMS DEFINED RESTAURANT: Am—establ.ishnient whcrc food is prcparcd, servcd and consumed; An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food, however. kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic beverage sales shall be classified as a "Bar." RESTAURANT, CARRYOUT: = = = = drink is prepared and served for consumption off thc premises An establishment whose princlpal business is the sale of food and drink that are prepared and served for ready consumption to the general public. of which the majority is served for consumption off premises. and that has no more than eight seats available to patrons for on - premises consumption RESTAURANT, DRIVE-IN or DRIVE-THROUGH: int where -feed -Or beverages A restaurant or carryout restaurant which is also designed or intended to enable a customer, without exiting a motor vehicle, to purchase food and drink for ready consumption either on-site, within their vehicle, or offsite February 15. 2016 Public Hearing Dominick Argumedo, Zoning Administrator/Land-Use Planner summarized the case. He advised the Plan Commission that staff reviewed the definitions of "Restaurant" from the surrounding communities of Evanston, Park Ridge, Niles, Des Plaines, Skokie, Glenview and Lincolnwood as well as some other communities around Chicago and other areas of the country. Many municipalities' definitions, however, were similar to the Village's existing definition or were excessively cumbersome. Most notably absent from these definitions is the failure to note that the principal business of a restaurant is the sale of food. Mr. Argumedo also stated that some communities included up to 5 or 6 variations of restaurants that again seemed needless cumbersome and/or used rigid definitions for restaurants, which included requirements for non -disposable plates or included conditions on when a customer paid for their meal and how the food was delivered (self-service versus wait -staff). As the restaurant industry is ever changing, those characteristics and other operational factors are not as vital to categorizing a restaurant. In order to cover the key aspects of a "restaurant," without overly complicating the definition, staff reviewed numerous definitions to extract the best concepts for the proposed definitions included in this amendment. Mr. Argumedo explained the proposed general definition for a Restaurantaims to clarify the use and distinguish restaurants from bars or taverns that also serve food. First, it defines that a restaurant's principal business is the sale of food for ready consumption not merely the preparation and service of food. This definition also brings the restaurant definition into line with the Village's definition of a "Bar" which in part states that a Bar's "primary function is the sale of alcoholic beverages to be consumed on the premises...." Mr. Argumedo stated the proposed Restaurant, Carry -Out definition would be modified to include a specific limit on the number of seats to further clarify that their primary business is the sale of food for consumption off premises. Staff noted in researching definitions, many other municipalities set a limit on the number of seats for carryout restaurants at either 5 or 8. 2 When considering the practical application of this definition, staff looked at two primary aspects. The first was to ensure that these types of carryout places can be located in smaller tenant spaces, by right, as their parking demands are typically not as intense as a traditional sit-down restaurant. Secondly, staff wanted to ensure the zoning definition was consistent with other building and plumbing code requirements for these types of uses. The Illinois Plumbing Code requires eating establishments with a combined number of employees and seats greater than 10 to provide separate bathroom facilities for patrons – this not only adds to the build -out costs, but is also adds to the required amount of ancillary space needed for facilities. In staff's experience, true carry -out type restaurants typically have a small number of employees (typically a maximum of 1-2 employees, onsite, at any given time). In limiting the number of seats to no more than eight (8), these types of restaurants can locate in smaller tenant spaces with lower build -out costs and provides a greater degree of consistency between the other codes. Mr. Argumedo explained the proposed Restaurant, Drive In definition would be modified to also include Drive -Through uses. A specific Restaurant Drive Through use is not currently in the zoning definitions, even though it is referenced in the generic Drive -Through Facility definition. This modified definition combines the two auto -related restaurant uses into a single definition. Currently Drive -Through Facilities require a special use – this proposed change in definition would not change that requirement. Finally, in the interest of clarity, staff proposes to eliminate the Restaurant, Sit Down definition. The main distinction between restaurant types is between those that cater to customers who consume food on premises and those that cater to customers who consume food off premises. That distinction has been made through the updated definition of Restaurant, Carry Out. Public Hearing—Pubic Comment Chairperson Farkas asked if anyone was present that wanted to be heard on this case. No one asked to speak. Public Hearing—Board Discussion and Vote Chairperson Farkas asked for confirmation that this would not impact existing businesses but be applied for new businesses applying for permits. Mr. Argumedo stated this is correct. Chairperson Farkas also inquired how the regulation that a restaurant that generates more than 50% of food and drink sales from alcoholic beverages would be applied, particularly if the business were to change focus over time. Mr. Argumedo noted that is part of the intent of the legislation - it is to protect the Village. If a business were to present itself, and be approved, as a restaurant with the principal business being the sale of food, and through the examination of tax receipts be found that it meets the definition of a bar, with sales of alcoholic beverages being more than 50% of its receipts, the establishment would be reclassified as a Bar and need to be reapproved based on the zoning and parking requirements for a Bar. Chairperson Farkas also inquired about the addition of Drive Through to the Restaurant, Drive - In definition. Mr. Argumedo noted that a Drive -Through Facility does exist and would continue to exist for such uses such as the Drive -Through CVS at the corner of Dempster Street and Austin Avenue. By adding the Drive -Through definition to the previous auto -centric Restaurant, Drive -In definition, the Village's zoning code is improved through clarity and consolidating definitions. 3 Commissioner Gabriel complimented staff on the being proactive in changing the definition, he noted the new definitions are clear and easy to understand and he looks forward to more modifications to the zoning code. Commissioner Gabriel made a motion to recommend approval of PC 16-01 for a Text Amendment to the Section 12-17-1 of the Unified Development Code (Ordinance #07-07) to modify the existing definitions for Restaurant; Restaurant, Carryout; and Restaurant Drive -In and to eliminate the term and definition for Restaurant, Sit -Down as presented. Commissioner Khan seconded the motion. Chairperson Farkas called for the vote. The motion passed unanimously (4-0-3; Blonz, Dorgan, and Shimanski absent). PC 16-01 Proposed Text Amendments 12-17-1: DEFINITIONS: RESTAURANT: An—establisliffient An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public, primarily within the principal building. A restaurant may have an accessory bar area which caters to customers who are served alcoholic beverages and food, however. kitchen facilities must remain open during accessory bar hours of operation. A restaurant where more than 50% of the food and drink sales are generated from alcoholic . -verane sales shall be classified as a "Bar." RESTAURANT, CARRYOUT: An establishment whose principal business is the sale of food and drink that are prepared and served for ready consumption to the general public. of which the maiority is served for consumption off premises, and that has no more than eight seats available to patrons for on -premises consumption RESTAURANT, DRIVE-IN or DRIVE-THROUGH: AstaffranE A restaurant or carryout restaurant which is also designed or intended to enable a customer. without exiting a motor vehicle. to purchase food and drink for ready consumption either on-site. within their vehicle, or offsite 4 Legislative Summary Ordinance 16-01 AMENDING TITLE 10, CHAPTER 3 ENTITLED "PLUMBING REGULATIONS" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO ADOPT THE MOST CURRENT VERSION OF THE ILLINOIS PLUMBING CODE AND TO REQUIRE NEW AND REPLACEMENT PLUMBING FIXTURES MEET USEPA SPECIFICATIONS March 14, 2016 This ordinance updates the Village of Morton Grove plumbing code. To meet the requirements of the Illinois Department of Natural Resources ("IDNR") and the Illinois Department of Public Health ("IDPH"). The Village's water is drawn from Lake Michigan and is regulated by the IDNR. Recently the IDNR amended water allocation rules and regulations to require communities that use Lake Michigan water adopt the most current edition the Illinois Plumbing Code as approved by the IDPH and to require the use of WaterSense labeled plumbing fixtures for all new and replaced plumbing fixtures and irrigation controllers. WaterSense labeled products are high -performing products which are twenty percent (20%) more water efficient than average products and provide measurable water savings. Since 2006, WaterSense products have helped consumers save a cumulative 1.1 trillion gallons of water and more than $21.7 billion in water and energy bills. This ordinance will amend Title 10 Chapter 3 to comply with IDPH and IDNR regulations by adopting the most current version of the Illinois Plumbing code with certain approved amendments and to require the use of WaterSense labeled products for all new and replaced plumbing fixtures and irrigation controllers. Building & Inspectional Services, Public Works Introduced: Synopsis: Purpose: Background: Affected Departments Fiscal Impact: Workload Impact: Administrator Recommendation: First Reading: Special E2equirements: Zespectfull N/A Associated Departments will provide their usual support for this activity Approval as Presented Required — Code Book Change None itted: prepared by: Teresa Hoffm illage Administrator orporation Counsel ORDINANCE 16-01 AMENDING TITLE 10 CHAPTER 3 ENTITLED PLUMBING REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE TO ADOPT THE MOST CURRENT VERSION OF THE ILLINOIS PLUMBING CODE AND TO REQUIRE NEW AND REPLACEMENT PLUMBING FIXTURES MEET USEPA SPECIFICATIONS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations pertaining to its government and affairs to protect the public health, safety, and welfare of its citizens; and WHEREAS, the Village's potable water source is drawn from Lake Michigan; and WHEREAS, the water allocated to Morton Grove is governed by the Illinois Department of Natural Resources (IDNR); and WHEREAS, as part of a comprehensive review of Title 10 Chapter 3 and based upon the recommendations of the Illinois Department of Public Health and the Illinois Department of Natural Resources, the Village Administrator recommends the adoption of the most current edition the Illinois Plumbing Code to keep the Village up to date with the latest requirements for plumbing material, construction methods and safety; and WHEREAS WaterSense is a U.S. Environmental Protection Agency (USEPA) program designed to encourage water efficiency in the United States through the use of a special label on consumer products. WaterSense labeled products are high -performing products, which are twenty percent (20%) more water efficient than average products and provide measurable water savings. Since the program's inception in 2006, WaterSense has helped consumers save a cumulative 1.1 trillion gallons of water and more than $21.7 billion in water and energy bills. WHEREAS, recently the IDNR amended the Lake Michigan Water Allocation Rule and Regulations requiring those communities that have an allocation for water, adopt an ordinance requiring the use of WaterSense labeled plumbing fixtures for all new and replaced plumbing fixtures and irrigation controllers; and WHEREAS, in order to be in compliance with IDPH and IDNR regulations, it is necessary to adopt this Ordinance; and WHEREAS, this ordinance has been submitted to the IDNR and the IDPH and the Village has received subsequent approval. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 10 Chapter 3 of the Municipal Code of the Village of Morton Grove shall be amended to delete the entire chapter and replace it as follows: 10-3-1: Adoption of the Illinois Plumbing Code: The provisions of the Illinois Administrative Code Title 77, Part 890 (77 IL. Admin Code 890.00 et seq.) (Illinois Plumbing Code) as amended from time to time are hereby adopted by this reference, subject only to the additions, deletions, and modifications specifically set forth in this chapter. 10-3-2: Amendments to the Illinois Plumbing Code: The Illinois State Plumbing Code, current edition, is hereby amended as it applies within the Village of Morton Grove as follows: A. Section 890.320 Types of Joints is hereby deleted and replaced by the following text: Plastic pipe, joints and fittings made from polyethylene (PE), polyvinyl chloride (PVC) or polybutylene (PB) made by either solvent -welded or fusion -welded connections, compression, or insert fittings, metal clamps and screws, or threaded joints shall be prohibited for water service or the domestic water distribution system of any building except for the distribution and conveyance of distilled or deionized water. B. Section 890.610 General Requirements - Material and Design is hereby deleted and replaced by the following text: WaterSense Products. Pursuant to 171!L Admin Code 3730.307 (c)(4) and subject to the Illinois Plumbing Code (77111. Adm. Code 890) and the Lawn Irrigation Contractor and Lawn Sprinkler System Registration Code (77111. Adm. Code 892), all new and replacement plumbing fixtures and irrigation controllers in the Village of Morton Grove installed after the effective date of this ordinance shall bear the WaterSense label (as designated by the U.S. Environmental Protection Agency WaterSense Program), when such labeled fixtures are available. C. Section 890, Appendix A, Table A, Approved Materials for Building Drainage/Vent Pipe is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe DWV Copper/Copper Alloy Tubing Polyvinyl Chloride (PVC) Pipe with Cellular Core D. Section 890, Appendix A, Table A, Approved Materials for Building Sewer Pipe is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe Asbestos Cement Pipe Copper/Copper Alloy Tubing Concrete Pipe Polyvinyl Chloride (PVC) Pipe with Cellular Core Solder Vitrified Clay Pipe E. Section 890, Appendix A, Table A, Approved Materials for Building Sewer Pipe is amended by adding the following after the list of approved materials and Agency Notes: Village of Morton Grove Requirement for Foundation Wall Penetrations. Ductile iron pipe ASTM A377 shall be installed for all new sanitary and storm sewer services that penetrate the foundation wall through a sleeve to a point that the piping is being supported on approved bearing ground. F. Section 890, Appendix A, Table A, Approved Materials for Water Service Pipe, is amended by deleting the following as approved materials: Acrylonitrite Butadiene Styrene (ABS) Pipe Brass Pipe Chlorinated Polyvinyl Chloride (CPVC) Pipe Galvanized Steel Pipe Poly Butylene (PB) Pipe/Tubing Polyethylene (PE) Pipe Polyethylene (PE) Tubing Polypropylene Pipe Polyvinyl Chloride (PVC) Pipe Stainless Steel Pipe Welded Copper Water Tube G Section 890, Appendix A, Table A, Approved Materials for Water Service Pipes is amended by revising Agency Note 3 to read as follows: The use of Type K Copper underground is authorized; the use of Type L Copper underground is prohibited. H. Section 890, Appendix 890, Approved Materials for Water Distribution Pipe is amended by deleting the following as approved materials: Chlorinated Polyvinyl Chloride (CPVC) Pipe/Tubing Cross Linked Polyethylene Distribution Systems Poly Butylene (PB) Pipe/Tubing Polyvinyl Chloride (PVC) Pipe SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28th day of March 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 28th day of March 2016. Bill Grear, Village President Pro Tem Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 29th day of March 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 16-06 UPDATING TITLE 7, CHAPTER 9 OF THE MUNICIPAL CODE ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -0F WAY" ECTION 4 ENTITLED "PERMIT REQUIRED; APPLICATIONS AND FEES", SECTION 5 ENTITLED ACTION ON PERMIT APPLICATIONS" AND SECTION 15 ENTITLED "LOCATION OF FACILITIES" ltroduced: mopsis: irpose: tckground: )grams, Departments Groups Affected cal Impact: tree of Funds: irkload Impact: min Recommendation: st Reading: cial Considerations or luirements: pectfully submitted: / ear ski, Village Administrator March 14, 2016 This ordinance will amend Title 7, Chapter 9 of the Municipal Code establishing standards for the construction of facilities on the public rights-of-way. To update the Village's construction standards and requirements for utility facilities in the public right of way to require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles The Village rights -of -ways are a valuable and limited Village asset. From time - to -time utility companies request the right to install structures, devices, objects and materials on, over, above, along, upon, under, across, or within the rights-of- way. Title 7 Chapter 9 of the Village Code identifies the process and standards by which the Village may grant permission to utility companies to utilize the rights-of-way. The ordinance was adopted in 2007 and was modeled after an ordinance developed by the Illinois Municipal League. The Village has recently contracted Municipal Services Associates, Inc. ("MSA") to review this ordinance especially considering the proliferation of small cell antenna being attached to utility poles. MSA has recommended that this chapter be modified to require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles. Administration, Public Works and Building and Inspectional Service N/A N/A The Village Engineer shall administer this ordinance with assistance from the Director of Public Works, the Village Administrator and Corporation Counsel. Approval as presented. March 14, 2016 eared by: Tere a Ho "n, : i �;iton, Corporation Counsel Approved by: Approved by: ndy DeMonte, Director Public Works Citric Tnmirh Villaaa Fnn:runr ORDINANCE 16-06 UPDATING TITLE 7, CHAPTER 9 OF THE MUNICIPAL CODE ENTITLED "CONSTRUCTION OF UTILITY FACILITIES IN THE PUBLIC RIGHTS -OF WAY" SECTION 4 ENTITLED "PERMIT REQUIRED; APPLICATIONS AND FEES", SECTION 5 ENTITLED "ACTION ON PERMIT APPLICATIONS" AND SECTION 15 ENTITLED "LOCATION OF FACILITIES" WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations pertaining to its government and affairs to protect the public health, safety, and welfare of its citizens including ordinances and regulations pertaining to the use of public rights - of -ways; and WHEREAS, in addition to the Village's power as a home rule municipality, this Ordinance is adopted pursuant to the provisions of the Illinois Municipal Code, including, without limitation, Sections 11-20-5,11-20-10,11-80-1,11-80-3,11-80-6, 11-80-7,11-80-8,11-80-10, and 11-80-13, all of which are found in Chapter 65 of the Illinois Compiled Statutes; Section 30 of the Illinois Telecommunications Municipal Infrastructure Maintenance Fee Act, 35 ILCS 635/30; Section 4 of the Telephone Company Act, 220 ILCS 65/4; and the Illinois Highway Code, including, without limitation, Chapters 7 and 9 thereof, 605 ILCS 5/1-101 et seq.; and WHEREAS, Title 7, Chapter 9, entitled "Construction of Utility Facilities in the Public Rights -Of -Way" establishes a comprehensive set of construction standards and requirements to achieve various beneficial goals, including, without limitation, enhancing the planning of new utility facilities; minimizing interference with, and damage to, rights-of-way and the streets, sidewalks, and other structures and improvements located in, on, over and above the rights-of- way; and reducing costs and expenses to the public; and WHEREAS, Village staff, as part of its continuing process of reviewing and, as necessary, updating Village ordinances so that they remain current and relevant, has recommended updates to Title 7 Chapter 9; and WHEREAS these updates will require contractors as well as utility companies doing work within the right of way to file a written traffic control plan and an emergency contingency plan; 1 clarify the review process for right of way permits; and establish location standards for attaching small cell antennas or distributed antenna systems to utility poles; and WHEREAS, the Village hereby finds that it is in the best interest of the Village, the public and the utilities using the public rights-of-way to amend title 7 Chapter 9 pursuant to these recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON 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 9, Section 4 entitled "Permit Required; Applications and Fees", is hereby amended to read as follows: 7-9-4: PERMIT REQUIRED; APPLICATIONS AND FEES: A. Permit Required. No person other than the Village or its authorized agent shall construct (as defined in this Chapter) any facility on, over, above, along, upon, under, across, or within any Village right-of-way which (1) changes the location of the facility, (2) adds a new facility, (3) disrupts the right -of way (as defined in this Chapter), or (4) materially increases the amount of area or space occupied by the facility on, over, above, along, under across or within the right- of-way, without first filing an application with the Village Engineer and obtaining a permit from the Village therefore, except as otherwise provided in this Chapter. No permit shall be required for installation and maintenance of service connections to customers' premises where there will be no disruption of the right-of-way. B. Permit Application. All applications for permits pursuant to this Chapter shall be filed on a form provided by the Village and shall be filed in such number of duplicate copies as the Village may designate. The applicant may designate those portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each page of such materials accordingly. C. Minimum General Application Requirements. The application shall be made by the utility or its duly authorized representative and shall contain, at a minimum, the following: 1. If applicable, the utility's name and address and telephone and telecopy numbers; 2. The applicant's name and address, if different than the utility, its telephone, telecopy numbers, e-mail address, and its interest in the work; 3. The names, addresses and telephone and telecopy numbers and e-mail addresses of all professional consultants and contractors, if any, advising the applicant with respect to the application; 4. A general description of the proposed work and the purposes and intent of the facility and the uses to which the facility will be put. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters likely to be affected or impacted by the work proposed; 5. Evidence the utility or its contractor has placed on file with the Village: a. A written traffic control plan demonstrating the protective measures and devices that will be employed consistent with the "Illinois Manual On Uniform Traffic Control Devices", to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic; and b. An emergency contingency plan which shall specify the nature of potential emergencies, including, without limitation, construction and hazardous materials emergencies, and the intended response by the applicant. The intended response shall include notification to the Village and shall promote protection of the safety and convenience of the public. Compliance with ILCC regulations for emergency contingency plans constitutes compliance with this Section unless the Village fords that additional information or assurances are needed; and 6. Drawings, plans and specifications showing the work proposed, including the certification of an engineer that such drawings, plans, and specifications comply with applicable codes, rules, and regulations; 7. Evidence of insurance as required in Section 8 of this Chapter; 8. Evidence of posting of the security fund as required in Section 10 of this Chapter; 9. Any request for a variance from one or more provisions of this Chapter (See Section 21); and 10. Such additional information as may be reasonably required by the Village. D. Supplemental Application Requirements for Specific Types of Utilities. In addition to the requirements of Subsection C of this Section, the permit application shall include the following items as applicable to the specific utility that is the subject of the permit application: 1. In the case of new electric power, communications or natural gas distribution system installation, evidence that any "Certificate of Public Convenience and Necessity" has been issued by the ILCC that the applicant is required by law, or has elected, to obtain; 2. In the case of natural gas systems, state the proposed pipe size, design, construction class, and operating pressures; 3. In the case of water lines, indicate that all requirements of the Illinois Environmental Protection Agency, Division of Public Water Supplies, have been satisfied; 4. In the case of sewer line installations, indicate that the land and water pollution requirements of the Illinois Environmental Protection Agency, Division of Water Pollution Control and the Metropolitan Water Reclamation District, have been satisfied; or 5. In the case of petroleum products pipelines, state the type or types of petroleum products, pipe size, maximum working pressure, and the design standard to be followed. E. Applicant's Duty to Update Information. Throughout the entire permit application review period and the construction period authorized by the permit, any amendments to information contained in a permit application shall be submitted by the utility in writing to the Village as soon as reasonably possible, but at least within thirty (30) days after the change necessitating the amendment. 3 F. Application Fees. Unless otherwise provided by franchise, license, or similar agreement, and to the extent limited by law, all applications for permits pursuant to this Chapter shall be accompanied by a fee in the amount established from time to time by the Director of Public Works. SECTION 3: Title 7, Chapter 9, Section 5 entitled "Action on Permit Applications" is hereby amended by adding a new Paragraph D to read as follows: 7-9-5: ACTION ON PERMIT APPLICATIONS: A. Village Review of Permit Applications. Completed permit applications, containing all required documentation, shall be examined by the Village Engineer within sixty (60) days or such additional time if reasonably necessary after filing and payment of all application fees and deposits. If the application does not conform to the requirements of all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall reject such application in writing, stating the reasons therefore. If the Village Engineer is satisfied that the proposed work conforms to the requirements of this Chapter and all applicable ordinances, codes, laws, rules, and regulations, the Village Engineer shall issue a permit therefore as soon as practicable. B. Additional Village Review of Applications of Telecommunications Retailers. 1. Pursuant to Section 4 of the Telephone Company Act, 220 ILCS 65/4, a telecommunications retailer shall notify the Village that it intends to commence work governed by this Chapter for facilities for the provision of telecommunications services. Such notice shall be in writing, shall be addressed to the Village Engineer and/or the Director of Public Works, and shall consist of plans, specifications, and other documentation sufficient to demonstrate the purpose and intent of the facilities, and shall be provided by the telecommunications retailer to the Village not less than ten (10) days prior to the commencement of work requiring no excavation and not less than thirty (30) days prior to the commencement of work requiring excavation. Notice shall be transmitted by regular mail and by certified mail; return receipt requested and shall be deemed served upon actual receipt by the Village Engineer or the Director of Public Works. The Village Engineer shall then specify the portion of the right-of-way upon which the facility may be placed, used and constructed. 2. In the event that the Village Engineer fails to provide such specification of location to the telecommunications retailer within either (i) ten (10) days after service of notice to the Village by the telecommunications retailer as provided in subsection B-1 above, in the case of work not involving excavation for new construction or (ii) twenty-five (25) days after service of notice by the telecommunications retailer as provided in subsection B-1 above, in the case of work involving excavation for new construction, the telecommunications retailer may commence work without obtaining a permit under this Chapter. Prior to commencing such work, the utility shall contact the Village Engineer to confirm that proper notice has been served. 3. Upon the provision of such specification by the Village, where a permit is required for work pursuant to Section 4 of this Chapter the telecommunications retailer shall submit to the Village an application for a permit and any and all plans, specifications and d documentation available regarding the facility to be constructed. Such application shall be subject to the requirements of Subsection A of this Section. D. Additional Village Review of Wireless Facility Providers: Applications by a provider of wireless telecommunications services shall be reviewed within thirty (30) days from the date of the application for permit. In the event the Village determines the application is incomplete, the Village shall notify the applicant within thirty (30) calendar days from the receipt of the application regarding the deficiencies within the application, specifically delineating all missing documents or information required in the application. The review period as stated in Chapter 12-3-6G.2 herein below shall be tolled form the date of notification and shall begin running again when the applicant makes a supplemental submission in response to the notice of deficiencies. Following a supplemental submission, the Village will notify the applicant within ten (10) calendar days the supplemental submission did not provide the information identified in the original notice delineating missing information. The review period is tolled in the case of a second or subsequent notice pursuant to the procedures hereinabove. Upon determination, all information requested by the Village for the application has been received, the tolling period shall resume. SECTION 4: Title 7, Chapter 9, Section 15 entitled "Location of Facilities", is hereby amended to read as follows: 7-9-15: LOCATION OF FACILITIES: A. Parallel Facilities Located Within Highways. 1. Overhead Parallel Facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if: i) Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit; ii) Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available; iii) Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone; iv) No pole is located in the ditch line of a highway; and v) Any ground -mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line. 2. Underground Parallel Facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if: i) The facility is located as near the right-of-way line as practicable and not more than eight (8) feet (2.4 m) from and parallel to the right -of way line; ii) A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and iii) In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five (5) feet (1.5 m) from the right-of-way line and any above -grounded appurtenance 5 shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable. B. Facilities Crossing Highways. 1. No Future Disruption. The construction and design of crossing facilities installed between the ditch lines or curb lines of Village highways may require the incorporation of materials and protections (such as encasement or additional cover) to avoid settlement or future repairs to the roadbed resulting from the installation of such crossing facilities. 2. Cattle Passes, Culverts, or Drainage Facilities. Crossing facilities shall not be located in cattle passes, culverts, or drainage facilities. 3. 90 Degree Crossing Required. Crossing facilities shall cross at or as near to a ninety (90) degree angle to the centerline as practicable. 4. Overhead Power or Communication Facility. An overhead power or communication facility may cross a highway only if: i) It has a minimum vertical line clearance as required by ILCC's rules entitled, "Construction of Electric Power and Communication Lines" (83 Ill. Adm. Code 305); ii) Poles are located within one foot (0.3 m) of the right-of-way line of the highway and outside of the clear zone; and iii) Overhead crossings at major intersections are avoided. 5. Underground Power or Communication Facility. An underground power or communication facility may cross a highway only if: i) The design materials and construction methods will provide maximum maintenance -free service life; and ii) Capacity for the utility's foreseeable future expansion needs is provided in the initial installation. 6. Markers. The Village Engineer may require the utility to provide a marker at each right- of-way line where an underground facility other than a power or communication facility crosses a highway. Each marker shall identify the type of facility, the utility, and an emergency phone number. Markers may also be eliminated as provided in current Federal regulations. (49 C.F.R. 192.707 (1989). C. Facilities to be Located within Particular Rights -of -Way. The Village Engineer may require that facilities be located within particular rights-of-way that are not highways, rather than within particular highways. D. Freestanding Facilities. 1. The Village Engineer may restrict the location and size of any freestanding facility located within a right-of-way. 2. The Village Engineer may require any freestanding facility located within a right of - way to be screened from view. E. Appearance Standards. 1. The Village Engineer may prohibit the installation of facilities in particular locations in order to preserve visual quality. 2. The Village Engineer may prohibit the installation of facilities if its construction requires removal or alteration of trees or terrain features. F. Above Ground Installation. Above ground facilities may be installed only if: 1. No other existing facilities in the area are located underground; 2. New underground installation is not technically feasible; and 3. The proposed installation will be made at a location, and will employ suitable design and materials, to provide the greatest protection of aesthetic qualities of the area being traversed without adversely affecting safety. Suitable designs include, but are not limited to, self-supporting armless, single -pole construction with vertical configuration of conductors and cable. G. Facility Attachments to Bridges or Roadway Structures. 1. Facilities may be installed as attachments to bridges or roadway structures only where the utility has demonstrated that all other means of accommodating the facility are not practicable. Other means shall include, but are not limited to, underground, underwater, independent poles, cable supports and tower supports, all of which are completely separated from the bridge or roadway structure. Facilities transmitting commodities that are volatile, flammable, corrosive, or energized, especially those under significant pressure or potential, present high degrees of risk and such installations are not permitted. 2. A utility shall include in its request to accommodate a facility installation on a bridge or roadway structure supporting data demonstrating the impracticability of alternate routing. Approval or disapproval of an application for facility attachment to a bridge or roadway structure will be based upon the following considerations: i) The type, volume, pressure or voltage of the commodity to be transmitted and an evaluation of the resulting risk to persons and property in the event of damage to or failure of the facility; ii) The type, length, value, and relative importance of the highway structure in the transportation system; iii) The alternative routings available to the utility and their comparative practicability; iv) The proposed method of attachment; v) The ability of the structure to bear the increased load of the proposed facility; vi) The degree of interference with bridge maintenance and painting; vii) The effect on the visual quality of the structure; and viii) The public benefit expected from the utility service as compared to the risk involved. H. Appeal. Any decision of the Village Engineer pursuant to this Section 15 may be appealed to the Village Administrator, by written request delivered within fourteen (14) calendar days after notice of such decision. A subsection regarding placement of facilities on Village appurtenances in the right-of-way, including but not limited to street lights and traffic signals should mirror requirements established for the attachment of Small Cell Antennas or Distributed Antenna Systems to utility poles as recommended in the Zoning Ordinance. Additionally, cabling serving such facilities must be buried in conduit, in trenches of a depth of at least 24" (see Chapter 7-9-16A.6 and in accordance with the provisions of Chapter 7-9-16A.2-4 and B.1.c.1-3. No battery or other power supply boxes may be mounted on a pole utilized for mounting a traffic signal. All wiring leading from an antenna array to radio units, power supplies, and fiber optic interface boxes must be concealed inside any pole supporting a traffic signal or street light. 7 SECTION 5: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 6: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28th day of March 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 28th day of March 2016. Bill Grear, Village President Pro Tem Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 29th day of March 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois 8 Legislative Summary Resolution 16-20 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: Prepared by: AUTHORIZING THE EXECUTION OF A CONTRACT WITH MONDI CONSTRUCTION, INC. FOR 2016 CONCRETE REPLACEMENT PROGRAM March 28, 2016 To authorize the Village President to execute a contract with Mondi Construction, Inc. for the 2016 Concrete Replacement Program. To repair the concrete curbs and sidewalks. The Concrete Replacement Program addresses concrete features disturbed by utility repairs, deteriorated sections of sidewalk, and requests coming out of the 50/50 Sidewalk Replacement Program. This work should be completed in April 2016. This contract was bid through a public process in accordance with the Village Code. The contract was advertised and sealed bids were received. The proposal amount is $22,940.00 less than the Engineer's Estimate of Cost. The bid tabulation is attached as Exhibit "A". This contract must conform to the requirements of the Prevailing Wage Act. Public Works. The estimated contract value is $122,610.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Public Works: A/C #025017-552290 Construction Services $110,000 and Enterprise: A/C #405033-552230 Concrete Replacement $20,000. The Public Works Department as part of their normal work activities will perform the management and implementation of the program. Approval as presented. N/A None Reviewed by: Rath E. Czerwinski, Vil <ge Administrator Chris Tomich, Village Engineer Reviewed by: Teresa Liston, Corporation Counsel RESOLUTION 16-20 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MONDI CONSTRUCTION, INC. FOR THE 2016 CONCRETE REPLACEMENT PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of govemment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the 2016 Concrete Replacement Program is an annual concrete replacement program intended to repair concrete curb and sidewalk; and WHEREAS, the Public Works Department advertised on the Village's website beginning January 19, 2016, inviting bids on the "2016 Concrete Replacement Program"; and WHEREAS, this contract must conform to the requirements of the Prevailing Wage Act; and WHEREAS, eleven entities, contractors or suppliers obtained the bidding materials; and WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Friday, February 15, 2016, with the tabulation of bids included in Exhibit "A"; and WHEREAS, Mondi Construction, Inc. is the low bidder with a bid amount of $122,610.00; and WHEREAS, the qualifications and availability of the low bidder has been verified; and WHEREAS, the low bid of Mondi Construction, Inc. is $22,940.00 less than the Engineer's Estimate of Cost; and WHEREAS, Public Works staff have reviewed each unit price in the bid of Mondi Construction, Inc. and considers them to be acceptable; and WHEREAS, funding for the above work in the cumulative amount of $130,000 is available for concrete replacement in the Village of Morton Grove 2016 Adopted Budget in Account Numbers 025017- 552290 and 405033-552230. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2. The Corporate Authorities accept the bid of Mondi Construction, Inc.in the amount of $122,610.00. SECTION 3. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with Mondi Construction, Inc. of 1827 Blackhawk Drive, West Chicago, Illinois based upon their bid for the 2016 Concrete Replacement Program in the amount of $122,610.00. SECTION 4. The Village Administrator, Director of Public Works, and the Village Engineer and/or their designees are hereby authorized to take all steps necessary to oversee, and implement this contract. SECTION 5. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 28th DAY OF MARCH 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 28th DAY OF MARCH 2016 Bill Grear, Village President Pro Tem Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 29a' DAY OF MARCH 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" ) / -- .!([}t _! .! , .|)!!! , . i !4! „ 1 88888 rij 0 WE §§4e 1 m : 8 !; ! (|;;!| in Paving Co, Inc. Goth conn a, It 60104 ITEM COST \ \\a 3"1 „ FL §---__ ;t1 i -§g Il 1{§.!f|| 88$88 02...g SI ! ! 6 . - Rws\ 1g. t|!||! : 01 i.!!;• || )§ 1\;§ Ehd§ !E;!| , || !| nW!° 1 ) : ( | ;2 \� §| (�,... 1 !| }! H Legislative Summary Resolution 16-21 AUTHORIZING THE EXECUTION OF A CONTRACT WITH LYONS ELECTRIC COMPANY, INC. FOR THE TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Special Consideration Requirements: Respectfully submitted: Ral .h E. Prepared by: March 28, 2016 To authorize the Village President to execute a contract with Lyons Electric Company, Inc. for the Traffic Signal and Street Lighting Maintenance Program. To maintain traffic signals and street lights. The Village has the maintenance responsibility for 10 traffic signals, which includes 6 [DOT -owned traffic signals on Dempster Street, and all of the Village -owned street Lights. The Village has an annual program to maintain these traffic signals and street lights. The Public Works Department considers it to be cost-effective to hire a contractor to maintain the traffic signals and to maintain the Village -owned street lights on arterial streets and in parking lots. The contract maintenance includes basic, routine maintenance; however, an additional amount of approximately $50,000 per year is expected for emergency services when a traffic signal post or street light pole is knocked down in a crash or other unforeseeable events. The Village is reimbursed by the State for maintaining IDOT-owned traffic signals and uses Motor Fuel Tax funds to maintain Village -owned traffic signals and street lights. The State requires the contract bidding to meet the State's requirements in order to use funds administered by the State. The contract was advertised and three sealed bids were received. The bid tabulation is attached as Exhibit "A". Lyons Electric Company, Inc. of LaGrange, Illinois was determined to be the lowest responsible bidder. Lyons Electric performed satisfactorily work for this contract for many years prior to 2013. Their qualifications and availability have been verified. Public Works. The estimated contract value is $31,769.80. The estimated contract amount including emergency services for unforeseeable events is $80,000. Account #305060-553300 - Street Improvements The Public Works Department as part of their normal work activities performs the management and implementation of the program. Approval as presented. None. `^Y Reviewed by: inski, Vjlk`age Administrator onte, Directo Chris Tomicb, Village Engineer Reviewed by: Teresa H Public Works Liston, Corporation Counsel RESOLUTION 16-21 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT WITH LYONS ELECTRIC COMPANY, INC. FOR THE TRAFFIC SIGNAL AND STREET LIGHTING MAINTENANCE PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Traffic Signal and Street Lighting Maintenance Program is necessary for the maintenance of Village traffic signal and street light infrastructure; and WHEREAS, the Public Works Department advertised in the February 25, 2016, March 3, 2016 and March 10, 2013, issues of the Illinois Department of Transportation Notice to Contractors Bulletin inviting bids to the "Traffic Signal and Street Lighting Maintenance Program"; and WHEREAS, ten general contractors were notified of the availability of bidding materials and thirteen parties obtained the bidding materials; and WHEREAS, the Illinois Prevailing Wage Act applies to work performed as part of this contract; and WHEREAS, three bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Monday March 14, 2016, with the bid results as follows and as shown in Exhibit "A": Contractor Total Lyons Electric Company, Inc. $31,769.80 H&H Electric Company $35,030.60 Meade, Inc. $42,586.76 ; and WHEREAS, the maintenance of traffic signals and street lights involves unforeseeable events that can require emergency repairs at any time of any day; and WHEREAS, the "Traffic Signal and Street Lighting Maintenance Program" includes provisions to compensate the contractor on a force account basis for these emergency services; and WHEREAS, Motor Fuel Tax funds will be used to perform the necessary work; and WHEREAS, funding for the above work is included in the Adopted Village of Morton Grove 2016 Budget in Account Number 035060-554170; and WHEREAS, the qualifications and availability of the lowest qualified bidders have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to a contract with Lyons Electric Company, Inc., of LaGrange Illinois, based upon their bid for the "Traffic Signal and Street Lighting Maintenance Program" in the amount of $31,769.80. Section 4. The Village Administrator and the Director of Public Works and/or their designees are authorized to take all steps necessary to implement, supervise, and manage this contract. Section 5. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 28th DAY OF MARCH 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 28th DAY OF MARCH 2016 ATTESTED and FILED in my office This 29th DAY OF MARCH 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Bill Grear, Village President Pro Tem Village of Morton Grove Cook County, Illinois to § ! } ( ( Cen § [ ( k 0 CA 9 \ 8 4 8 8 8 8 en 8 $ « 8 } § ! 8 in k 8 « 8 8 ■ } 8 8 k 8 ec 8 k 8 cc \ / 8 } co | 8 8 & 8 ! j 8 § ; 8 \ | & / / } : ! en 49 / tee 8 J 8 en