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HomeMy WebLinkAbout2016-10-24 AgendaMORTON GROVE Incredibly Close k Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM OCTOBER 24, 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 — October 10, 2016 8. Special Reports 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report —Administration, Northwest Municipal Conference, Council of Mayors, Strategic Plan, Comprehensive Plan a. Request appointment of Fire Chief — Frank Rodgers b. Request Chairperson Appointment to the Plan Commission/Zoning Board of Appeals — Steve Blonz c. Resolution 16-64 (Introduced October 24, 2016) Authorizing the Appointment of a Delegate and Alternate Delegate to the Intergovernmental Risk Management Agency d. Resolution 16-65 (Introduced October 24, 2016) Authorizing the Appointment of Delegates to the Intergovernmental Personnel Benefit Cooperative e. Resolution 16-66 (Introduced October 24, 2016) Authorizing the Appointment of a Delegate and Alternate Delegate to the Illinois Municipal Retirement Fund 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, Special Events Commission (Trustee Witko) 1) Ordinance 16-24 (Introduced October 24, 2016) (First Reading) Amending Title 6, Chapter 7 of the Municipal Code Entitled "Cannabis and Drug Paraphernalia" and Title 1, Chapter 4 Entitled "Monetary Penalties and Fines for Specific Violations and Offenses" 2) Ordinance 16-25 (Introduced October 24, 2016) (First Reading) Approving a Special Use permit for a Parking Waiver in Excess of 30% and to Establish the Required Number of parking Spaces for the Expansion of the Existing Building at 5628 Dempster b. Trustee Minx — Natural Resource Commission, Plan Commission/Zoning Board of Appeals, Building Department (Trustee Pietron) c. Trustee Pietron — Public Works Department, Condominium Association, Economic Development Commission, Dempster Street Corridor Plan, Chamber of Commerce (Trustee Minx) d. Trustee Ramos — Legal, 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, Advisory Commission on Aging (Trustee Ramos) f. Trustee Witko — IT Communications, Strategic Plan Committee, Finance Department, Family and Senior Services Department (Trustee Grear) 15. Other Business 16. Presentation of Warrants $714,073.80 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 OCTOBER 10, 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, Ed Ramos, John Thill, and Janine Witko. Trustee Pietron was absent with notice. IV. APPROVAL OF MINUTES Regarding the September 26, 2016 Regular Board Meeting, Trustee Thill moved to approve the Minutes as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. V. VI. SPECIAL REPORTS NONE PUBLIC HEARINGS NONE VII. RESIDENTS' COMMENTS (Agenda Items Only) NONE VIII. PRESIDENT'S REPORT 1. Mayor DiMaria had some sad news to impart: one of the "matriarchs" of Morton Grove passed away last week. Mrs. Eileen "Grandma" Coursey was a true Morton Grove icon. She became a Park District Commissioner in 1977 and served as a member for more than 40 years, longer than anyone else. As a Park Commissioner, Mrs. Coursey oversaw the management, planning, and operations of 14 parks covering 74 acres and serving over 23,000 residents. ?`.. Minutes of October 10, 2016 Board Meeting VIII. PRESIDENT'S REPORT (continued) a. Mayor DiMaria said Mrs. Coursey was known as a passionate communicator, a creative thinker, a problem solver, and a visionary leader. She was at the center of innovative solutions at the Park District, including the development of the first Prairie View playground, the Frank Hren Park project, and the Harrer Park gazebo. Mrs. Coursey helped secure millions of dollars in grant funding for Park District projects. More recently, she was an advocate of the comprehen- sive master plan and the new Oriole Park Aquatic Center. She dedicated herself to the Park District and will be remembered for her devotion and belief in the value of providing quality parks and recreation. b. In addition to her service with the Park District, Mrs. Coursey volunteered countless hours at St. Martha Church and School, the Niles West Booster Club, as a Brownie leader and as a den mother. Later in her life, she served as a Minister of Care, caring for the homebound and nursing home residents. c. When her husband Jim, a Morton Grove police officer, passed away in 1980, Mrs. Coursey supported her family by caring for many, many Morton Grove children, a number of whom stayed in touch with her and continued to call her "grandma." d. Mayor DiMaria said, "she spoke her mind, and you always knew where you stood with her. Whenever there was a controversy, you wanted Mrs. Coursey on your side." Eileen Coursey is survived by her seven children, including her daughter, former Village Clerk Eileen Coursey Winkler, who is here tonight, and Public Works Department Supervisor Jerry Coursey. The mayor noted that visitation for Mrs. Coursey will be from 4:00-8:00 p.m. on October 12th at Simkins Funeral Home, 6251 Dempster, and then asked the Board and assemblage for a moment of silence to honor her passing. 2. Next, Mayor DiMaria said that, on tonight's Agenda is an ordinance amending Moretti's redevelopment agreement with the Village, which the Board authorized in December of 2015. The addendum requires the Village to be responsible for the cost to remove contaminated soil, which was discovered after the original agreement was signed, and also removes the video gaming cafe, which was part of the original agreement. The purchase price has been reduced because the developer will no longer be purchasing the village lot at 8733 Narragansett, nor will they be leasing the property at 8720 Ferris, but the core of the original agreement—a new 10,000-12,000 square foot Moretti's restaurant—remains intact. The Village will hold a mortgage for the purchase of the land and up to $636,000 in site improvement costs, which will be forgiven if the Moretti's restaurant stays open for 20 years. a. Mayor DiMaria said that site work is set to begin later this month and construction of the building is expected to begin in the spring of 2017 and be completed by the end of 2017. b. In addition to the ordinance for the amendments to the redevelopment agreement, the Board is also considering tonight a resolution to authorize a license agreement to allow the developer to begin site work before closing on the purchase of the property. As of this morning, the develop- er has filed for permits for both the site work and building plans, and staff is already reviewing those plans. c. Mayor DiMaria said he knows that residents are frustrated and disappointed, as he himself is, that the restaurant hasn't opened yet, but he thought that most people who've dealt with large construction projects wouldn't be surprised. He reminded everyone that this will be the first Moretti's restaurant built from the ground up, which is new territory for them. 2 VIII Minutes of October 10, 2016 Board Meeting PRESIDENT'S REPORT (continued) d. Mayor DiMaria said that what people don't see is the work that staff and the Moretti's team continues to do, not just on the amended agreement, but on the architectural plans and building permits. The bottom line is the amended agreement will allow the Moretti's project to move forward on one of the prime Dempster Street commercial sites in a timely manner. e. Mayor DiMaria said this project will not only fulfill the community's long-standing desire for more sit-down destination restaurants, but will also provide the Village with additional sales and property tax revenue. As a reminder, this property has been vacant for the past 8-9 years. CLERK'S REPORT Clerk Travis said the State of Illinois requires the Board to bi-annually review Executive Session Minutes, and then take one of three actions: approve the Executive Session Minutes; release them (when appropriate); or destroy the recordings once they have been approved and are over 18 months old. . IX. 1. Clerk Travis therefore asked for a motion to approve the Executive Session Minutes of November 18, 2015; February 8, 2016; June 13, 2016; and June 27; 2016. Trustee Thill so moved, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nay Tr. Minx pit Tr. Pietron absent Tr. Ramos aye Tr. Thill aye Tr. Witko ate 2. Clerk Travis then asked for a motion to destroy recordings of Executive Sessions, as authorized by the Illinois Open Meetings Act, of September 8, 2014; September 22, 2014; October 13, 2014; November 10, 2014; and February 9, 2015. Trustee Thill so moved, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nay Tr. Minx aye Tr. Pietron absent Tr. Ramos aye Tr. Thill aye Tr. Witko aye 3. Lastly, Clerk Travis noted that the Community Relations Commission would be meeting tomorrow night at 6:30 p.m. in the Scanlon Conference Room, second floor of Village Hall. The public is welcome to attend! X. STAFF REPORTS A. Village Administrator: Village Administrator Czerwinski is out of town, and Chief Simo is sitting in for him. Mayor DiMaria gave Mr. Czerwinski's report. 1. The Village's leaf pick-up program begins today and ends on Thanksgiving week. Residents are asked to please place leaves ONLY—not branches or debris—in the street and try not to park vehicles close to leaf piles. 3 Minutes of October 10, 2016 Board Meeting X. A Village Administrator: (continued) 2. Yom Kippur begins tomorrow at sundown; Mayor DiMaria his and the Board's wishes to all Jewish residents for a happy new year. STAFF REPORTS (continued) 3. The Muslim Education Center is hosting an Open House on October 16 from 3:00-6:00 p.m. Tours, discussions, and questions and answers, along with additional fun activities, will take place. All are welcome to attend. 4. On Wednesday, October 19, Niles Township will be offering free flu shots at their office at 5255 Main Street, from 9:00 a.m. to 5:00 p.m. There is a limited supply of these shots, which will be administered by the Asian Human Services of Chicago. Anyone interested in receiving a flu shot should call the township offices at 847-673-9300 to schedule an appointment. 5. On Friday, October 21, the public is invited to attend an Ecumenical Peace Breakfast at Kappy's Restaurant, 7200 Dempster, from 9:00 a.m. to 10:00 a.m. 6. Also on October 21, the Morton Grove Chamber of Commerce will hold its 90th Anniversary party, a Cabaret Night, at Lone Tree Manor on Milwaukee Avenue in Glenview. Tickets are $45 per person for dinner and there is a cash bar. Tickets or more information can be obtained by calling the Chamber at 847-965-0330. Mayor DiMaria congratulated the Chamber on its 90 years of service to the businesses of Morton Grove. 7. On Thursday, October 27, the Village will hold its first budget meeting at 6:00 p.m. in the Scanlon Conference Room on the second floor of Village Hall. All are welcome. 8. There will be a free Community Artist Performance event at the Civic Center on Saturday, October 29 at 4:00 p.m. Doors open at 3:45 p.m. 9. The Village's hours for trick or treating on Monday, October 31, are from 3:30 to 7:30 p.m. 10. Mayor DiMaria said the Friends of the Farmers' Market are looking for some support. This is the Market's last week of the season. For a $25 donation, you will receive a green metal water bottle. He said he's going to make a $25 donation and encouraged residents who haven't yet done so to support the Farmers' Market. 11. Lastly, Mayor DiMaria noted that there's a Cubs game tonight, adding, "Go Cubs!" B. Corporation Counsel: Corporation Counsel Liston had no report. 4 XI. A. Trustee Grear: a. b. c. 2. a. TRUSTEES' REPORTS Trustee Grear presented for a first reading Ordinance 16-23, Approving and Authorizing the Execution of a First Addendum to Economic Incentive and Tax Increment Allocation Fi- nancing Development Agreement By and Between the Village and 8735 Narragansett Av- enue, LLC in Regard to Certain Real Property Located in the Lehigh/Ferris Tax Increment Financing Redevelopment Area and the Expenditure of Funds from the Lehigh/Ferris Tax Increment Financing District Fund. He explained that this is the Ordinance Mayor DiMaria detailed in his report. This Ordinance will authorize the Village Administrator to negotiate and the Village President to execute an addendum to the Economic Incentive and Tax Increment Allocation Financing Development Agreement for the development of a Moretti's Ristorante and Pizzeria with catering at 6415 Dempster and 8707-8708 Lincoln, with additional off-street parking at 8721 Narragansett. Trustee Grear said that staff has requested that the second reading of this Ordinance be waived so that site work may begin before inclement weather. He therefore moved to waive the second reading of Ordinance 16-23, seconded by Trustee Thill. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear ray Tr. Minx aya Tr. Pietron absent Tr. Ramos ayg Tr. Thill a g Tr. Witko gig Trustee Grear then moved to adopt Ordinance 16-23, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear Lay Tr. Minx gig Tr. Pietron absent Tr. Ramos gig Tr. ThiII aya Tr. Witko ayg Trustee Thill commented that he appreciates all the work that staff has been doing to help this project come to fruition. Next, Trustee Grear presented Resolution 16-62, Authorizing the Execution of a License Agreement Between the Village of Morton Grove and 8735 Narragansett Ave, LLC to Construct Site Work on Village -Owned Property at 6415 Dempster Street, 8707-8708 Lincoln Avenue, and 8721 Narragansett, Morton Grove, Illinois. Trustee Grear said that Mayor DiMaria had gone over this Resolution under his report. The Resolution authorizes the Village to enter into an agreement with 8735 Narragansett Ave LLC to construct site work improvements on Site J before the closing on the sale of the property. Trustee Grear moved, seconded by Trustee Minx, to approve Resolution 16-62. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear Lay Tr. Minx Lys Tr. Pietron absent Tr. Ramos ayg Tr. Thill ge Tr. Witko aye 5 Minutes of October. 10, 2016 Board Meeting XI. TRUSTEES' REPORTS (continued) A. Trustee Grear: (continued) b. Mayor DiMaria stated that he had received an email from Trustee Pietron, which Trustee Pietron had requested be read into the record of tonight's meeting. c. The email said: "The Moretti's project is important and necessary; it is a significant investment catalyst for economic development within Morton Grove. The benefits are not only virtually immediate, but also build a foundation for long-term economic development growth, meaning that the benefits are financial and perceptible, thereby cultivating economic development interest in Morton Grove. I fully support the Moretti's "build" project and sincerely thank all involved, especially our staff and you, Mayor DiMaria." B. Trustee Minx: Trustee Minx had no report. C. Trustee Pietron: In the absence of Trustee Pietron, Trustee Minx delivered his report. 1. First, she presented Ordinance 16-21, Amending Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking Streets" of the Municipal Code of the Village of Morton Grove. This is the second reading of this Ordinance. a. Trustee Minx explained that the Traffic Safety Commission (TSC) had received a request to enact parking restrictions adjacent to a commercial driveway at 8338 Austin Avenue, to increase the safety of exiting driveway movements by increasing the line -of -sight to oncoming Austin Avenue traffic. The TSC recommends accepting the request. Village staff reviewed existing parking regulations in the vicinity of Austin Avenue in order to determine the compatibility of the request with the existing on -street parking plan. Staff found two parking regulations in the Municipal Code that restrict parking at the same location on the same side of the street and recommends the Municipal Code should be amended to eliminate the redundance. Trustee Minx moved to adopt Ordinance 16-21, seconded by Trustee Grear. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nav Tr. Minx ,aye Tr. Pietron absent Tr. Ramos aye Tr. Thill mg Tr. Witko gys. 2. Next, Trustee Minx presented Ordinance 16-22, An Ordinance Approving the Plat of Vacation for The Crossings of Morton Grove. This is the second reading of this Ordinance. 6 XI. TRUSTEES' REPORTS (continued) C. Trustee Pietron: (continued) a. Trustee Minx explained that The Crossings of Morton Grove is a planned unit development constructed by Toll Brothers, Inc. between 2004 and 2014. It is located between the Metra tracks, Capulina Avenue, Ferris Avenue, and Hennings Court. In 2005, Ordinance 05-28 granted a Special Use for the Planned Unit Development and Ordinance 05-45 approved the final plat of subdivision associated with the Special Use Permit. The final plat of subdivision grants three permanent easements to the Village for public ingress and egress within areas identified as focal point features. b. Village staff has evaluated the value to the Village of the three permanent easements and has recommended they should not be accepted by the Corporate Authorities. Toll Brothers, Inc. will be responsible for the administrative and financial duties related to recording the plat of vacation by Cook County and returning a recorded original Plat of Vacation to the Village. Trustee Minx moved to adopt Ordinance 16-22, seconded by Trustee Witko. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nay Tr. Minx gye Tr. Pietron absent Tr. Ramos Lys Tr. Thill gye Tr. Witko aye 3. Next, Trustee Minx, on behalf of Trustee Pietron, presented Resolution 16-61, Accepting Public Improvements Constructed as Part of The Crossings of Morton Grove Development. a. b. She said that The Crossings of Morton Grove, as noted in Ordinance 16-22, is a planned unit development located between the Metra tracks, Capulina Avenue, Ferris Avenue, and Hennings Court. Ordinance 16-22 approved a plat of vacation to modify the final plat of subdivision. Construction work was completed in November 2014. The Municipal Code includes a process for accepting these public improvements and the developer has satisfied the requirements. Passage of this resolution constitutes formal acceptance of these improvements, following receipt of a recorded plat of vacation as authorized by Ordinance 16-22. Maintenance obligations specified in the Municipal Code and conforming to the policies of the Public Works Department will be provided by the Public Works Department on these accepted improvements as part of their normal operations. Trustee Minx noted several instances in the Resolution where the words "driveway pavement" should be struck out: page 2, the third and sixth "Whereas" clauses, and in Section 4 on page 3 of the Resolution. Trustee Minx moved, seconded by Trustee Thill, to approve Resolution 16-61, with the changes as noted. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nav Tr. Minx aye Tr. Pietron absent Tr. Ramos aye Tr. Thill aye Tr. Witko aye 7 Minutes of October 10, 2016 Board Meeting XI. C. Trustee Pietron: (continued) 4. Lastly, Trustee Minx for Trustee Pietron presented Resolution 16-63, Authorizing the Sale of Surplus Personal Property Owned by the Village of Morton Grove. TRUSTEES' REPORTS (continued) a. She explained that this Resolution will authorize the sale of motor vehicles deemed surplus property by the Village. Selling motor vehicles and equipment throught the auction run by the Northwest Municipal Conference in cooperation with Americas Auo Auction Chicago provides for an effective means for the Vilalge to sell surplus vehicles. At this time, the Public Works Department is requesting that four vehicles be deemed surplus property. Trustee Minx moved, seconded by Trustee Thill, to approve Resolution 16-63. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grearray Tr. Minx aye Tr. Pietron absent Tr. Ramos aye Tr. Thill Lya Tr. Witko aye Trustee Grear commented that the 2007 Crown Victoria included in the list of surplus vehicles may have been driven by Bill Zimmer, in attendance this evening. D. Trustee Ramos: Trustee Ramos had no report. E. Trustee Thill: Trustee Thill had no formal report, but had a couple of announcements. He said that lately there's been an increase in residents putting television sets in their garbage for Groot to pick up. He said that it is illegal to dispose of televisions that way. He said that Abt accepts old television sets or residents can take them to the Des Plaines transfer station at 1150 N. River Road in Des Plaines between 10:00 a.m. and noon. Shore Services at 8035 Austin Avenue also accepts them; call 847-581-0200 for more information. F. Trustee Witko: Trustee Witko had no report. XII. OTHER BUSINESS NONE 8 Minutes of October 10, 2016. Board Meeting XIII. XIV. XV. WARRANTS Trustee Witko presented the Warrant Register for September 26, 2016, in the amount of $192,629.81. She moved that the Warrants be approved as presented. Trustee Thill seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear nay Tr. Minx a rLe Tr. Pietron absent Tr. Ramos Tr. Thill Tr. Witko aye RESIDENTS' COMMENTS NONE ADJOURNMENT Trustee Minx moved to adjourn the meeting, seconded by Trustee Thill. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Grear m Tr. Minx aye Tr. Pietron absent Tr. Ramos aye Tr. Thill am Tr. Witko AyA The meeting adjourned at 7:26 p.m. PASSED this 24th day of October, 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 24th day of October, 2016. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois 9 Minutes of October 10,-2016 Board Meeting APPROVED and FILED in my office this 25th day of October, 2016. Connie J. Travis, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Causer 10 Legislative Summary Resolution 16-64 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Submitted by: October 24, 2015 Authorizing the appointments of a delegate and alternate delegate to the Intergovernmental Risk Management Agency (IRMA) since IRMA requires the Village to adopt a resolution for the designation of it representatives to this Agency. The Village is a member of the Intergovernmental Risk Management Agency (IRMA). Delegates are needed to represent the Village in IRMA matters. This resolution will designate the Village Administrator as the Risk Manager and the Assistant to the Village Administrator as the Alternate. Administration and Finance Department. Not applicable. Not applicable. Participation in IRMA is performed by the Administration Department as part of their normal work activities. Approval as presented. Not required. None. r E. Czerwinski, V age Administrator Prepared and Reviewed by : Teresa Hoffman Liston, Corporation Counsel J RESOLUTION 16-64 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE INTERGOVERNMENTAL RISK MANAGEMENT AGENCY WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Intergovernmental Risk Management Agency by ordinance and thereby became a member of said cooperative; and WHEREAS, said contract provides that member units of local government shall, by majority vote of its corporate authorities, select one (1) person to represent that body on the Board of Directors of said Intergovernmental Agency. NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Ralph E. Czerwinski, Village Administrator of the Village of Morton Grove is hereby appointed to represent the Village of Morton Grove on the Board of Directors of said Intergovernmental Risk Management Agency commencing on October 24, 2016. BE IT FURTHER RESOLVED that Thomas J. Friel, Assistant to the Village Administrator of the Village of Morton Grove is hereby selected as the alternative representative to serve if Ralph E. Czerwinski is unable to carry out his aforesaid duties as the representative of the Village of Morton Grove to said Intergovernmental Agency. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 24th day of October 2016. PASSED THIS 24th day of October 2016 Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 24th day of October 2016 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 24`h day of October 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16-65 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: October 24, 2016 This resolution will authorize continued membership in the Intergovernmental Personnel Benefit Cooperative (IPBC) which will continue providing cost effective health and life insurance benefits to Village employees. The Village has been a member of the Intergovemmental Personnel Benefit Cooperative for several years. Delegates are needed to represent the Village in IPBC matters. This resolution designates the Assistant to the Village Administrator and Village Administrator as the Village's representatives. Administration and Finance Departments Not applicable Not applicable The Village Administrator and Assistant to the Village Administrator will implement and administer the procedures already established for the cooperative program during the course of normal daily activities. Approval as presented Not required None Prepared and Respectfully Submitted by r R4Iph . Czerwinski, age Administrator 71 Reviewed by: -',=�,` Teresa Hoffman List n, Corporation Counsel RESOLUTION 16-65 AUTHORIZING THE APPOINTMENT OF DELEGATES TO THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Intergovernmental Personnel Benefit Cooperative (IPBC) is an association of numerous units of local government which administer some or all of the personnel benefit programs offered by its member units for their respective officers and employees; and WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Intergovernmental Personnel Benefit Cooperative by ordinance and thereby became a member of said cooperative; and WHEREAS, the Village of Morton Grove as a participating member is authorized to designate persons who shall act as delegates to the IPBC; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Assistant to the Village Administrator Thomas J. Friel is hereby designated to act as the Village of Morton Grove's delegate to the IPBC, and the Village Administrator Ralph E. Czerwinski is hereby designated as the alternative delegate, and said delegate and alternative delegate are hereby authorized to represent the Village of Morton Grove at various meetings of the Intergovernmental Personnel Benefit Cooperative. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 24th DAY OF OCTOBER 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 24th DAY OF OCTOBER 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 25th DAY OF OCTOBER 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 16-66 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: October 24, 2016 Authorizing the appointment of a delegate and alternate delegate(s) to the Illinois Municipal Retirement Fund (IMRF) since IMRF requires the Village to adopt a resolution to designate its representatives to this Agency. The Village is a member of the Illinois Retirement Fund (IMRF) and as such, delegates are needed to represent the Village in IMRF matters. This resolution designates the Village Administrator as the delegate with the Finance Director and Assistant to the Village Administrator as Village representatives. Administration and Finance Departments. Not applicable. Not applicable. The management of this fund is performed by the Finance Department and the Administration Department as part of their normal work activities. Approval as presented. Not required. None. Prepared and Respectfully Submitted Icy: / (....---; 4-- , 141p E. Czerwinski, Village dministrator Reviewed by: % �=" ) Teresa' Hoffman Liston, `Corporation Counsel RESOLUTION 16-66 AUTHORIZING THE APPOINTMENT OF A DELEGATE AND ALTERNATE DELEGATE TO THE ILLINOIS MUNICIPAL RETIREMENT FUND WHEREAS, the Village of Morton Grove adopted the contract and by-laws of the Illinois Municipal Retirement Fund by ordinance and thereby became a member of said cooperative; and WHEREAS, said contract provides that member units of local government shall, by majority vote of its corporate authorities, select one (1) person to represent that body on the Board of Directors of said Illinois Municipal Retirement Fund. NOW, THEREFORE, BE IT RESOLVED by the Village of Morton Grove, Illinois that Ralph E. Czerwinski, Village Administrator of the Village of Morton Grove is hereby appointed to represent the Village of Morton Grove on the Board of Directors of said Illinois Municipal Retirement Fund commencing on October 24, 2016. BE IT FURTHER RESOLVED that Hanna Sullivan, Finance Director/Treasurer, and Thomas J. Friel, Assistant to the Village Administrator of the Village of Morton Grove are hereby selected as the alternative representatives to serve if Ralph E. Czerwinski is unable to carry out his aforesaid duties as the representative of the Village of Morton Grove to said Illinois Municipal Retirement Fund. ADOPTED by the Board of Trustees of the Village of Morton Grove, Illinois on this 24th day of October 2016. PASSED THIS 24`h day of October 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED BY ME THIS 24th day of October 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 25th day of October 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 16-24 AMENDING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED "CANNABIS AND DRUG PARAPHERNALIA" AND TITLE 1, CHAPTER 4 ENTITLED "MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES" Introduced Purpose Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: October 24, 2016 Title 6, Chapter 7 of the Municipal Code amendment will add monetary penalties for violations associated with the possession of paraphernalia with associated minimum amounts of illegal cannabis and/or other drugs. These changes will allow for local ordinance prosecution relating to the possession of small amounts of illegal cannabis and paraphernalia consistent with state statues. Village staff periodically reviews Village codes and ordinances to ensure they are in compliance with state statute and current practices. A recent state law changed increasing the minimum amount of cannabis a person can possess and provided for a minimum amount of cannabis or other drugs along with accompanying paraphernalia before it is a criminal offense. This ordinance will allow for the prosecution of possession of small amounts of illegal cannabis and accompanying paraphernalia as a local ordinance violation resulting in fines between $100 to $750 and will authorize the local Adjudication Hearing Officer to require offenders to perform community service and/or attend drug education training as part of said penalty. Police enforcement practices Not applicable. Not applicable. The implementation of this ordinance will be performed by the Police Department, Administration and Legal Departments as part of their normal workload. Approval as presented. Required — Code Amendment None Administrator Approval \.Ralp Reviewed by: Teresa Hoffman Liston, Corporation Counsel Administrator v / Prepared by: J Michael Simo, Chief of Po ice ORDINANCE 16-24 UPDATING TITLE 6, CHAPTER 7 OF THE MUNICIPAL CODE ENTITLED "CANNABIS AND DRUG PARAPHERNALIA" AND TITLE 1, CHAPTER 4 ENTITLED "MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES" WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois is a home rule unit of government under the provisions of Article 7 of the Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Code, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, State statue changed increasing the minimum amount of cannabis a person can possess and provided for a minimum amount of cannabis or other drugs to accompanying paraphernalia before paraphernalia is a criminal offense; and WHEREAS, the option to prosecute such offenses as a local ordinance violation in situations not involving aggravating factors will free up police resources and may result in a more deterrent effect; and WHEREAS, staff has reviewed and is suggesting Title 6, Chapter 7 currently entitled Cannabis and Drug Paraphernalia be updated with edits to Section 1 to comply with Statutory changes and include a new Section 3 which will better serve the Village; and WHEREAS, Title 1, Chapter 4 be updated to include monetary penalties for violations relative to the above mentioned chapter for offenses referenced therein; and WHEREAS, the proposed amendment is in the Village's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 6, Chapter 7, entitled Cannabis and Drug Paraphernalia is hereby repealed and a new Title 6, Chapter 7 entitled Cannabis and Drug Paraphernalia is hereby amended to read as follows: Chapter 7 CANNABIS AND DRUG PARAPHERNALIA SECTION: 6-7-1: Possession of Cannabis or Cannabis Infused Products 6-7-2: Items Designed or Marketed for Use with Illegal Cannabis or Drugs 6-7-3: Unlawful Possession of Drug Paraphernalia 6-7-1: POSSESSION OF CANNABIS OR CANNABIS INFUSED PRODUCTS: A. Definitions: 1. As used in this section, cannabis shall have the same meaning as defined in the Illinois Cannabis Control Act, 720 ILCS 550/3, as may be amended. 2. As used in this section, cannabis infused products means food, oils, ointments, or other products containing usable cannabis that are not smoked. 3. Usable cannabis is defined as the seeds, leaves, buds, and flowers of the cannabis plant, but not the stalks and roots of the plant. B. Possession: 1. It shall be a violation of this section for any person to knowingly grow, possess, sell, give away, barter, exchange, distribute, or administer up to one hundred (100) grams of any substance containing cannabis except as specifically permitted by Illinois law. 2. It shall be a violation of this section for any person to produce, possess, sell, give away, barter, exchange, distribute, or administer any cannabis infused products containing up to one hundred (100) grams of usable cannabis except as specifically permitted by Illinois law. C. Minors: It shall be unlawful to sell or give items containing up to one hundred (100) grams of cannabis as defined in 720 ILCS 550/3 to any minor under twenty-one (21) years of age. D. Responsibility of Owner or Occupant: It shall be a violation of this section if any person who has ownership or control of any motor vehicle, watercraft, room, dwelling, shed, garage, yard, or other area to knowingly permit one or more persons under twenty-one years of age (21) to assemble or be assembled in these defined areas while said persons are in possession of any cannabis or cannabis infused products. 6-7-2: ITEMS DESIGNED OR MARKETED FOR USE WITH ILLEGAL CANNABIS OR DRUGS: A. License Required: It shall be unlawful for any person or persons as principal, clerk, agent, or servant to sell any items, effect, paraphernalia, accessory, or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by the Illinois Compiled Statutes, without obtaining a license therefore. Such licenses shall be in addition to any or all other licenses held by the applicant. B. Application: Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall, in addition to any other requirements of this Village, be accompanied by affidavits by the applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug related offense. C. Minors: It shall be unlawful to sell or give items as described in subsection A of this section in any form to any male or female child under eighteen (18) years of age. D. Records: Every licensee must keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold and this record shall be open to the inspection of any peace officer or code enforcement officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale, and the licensee or agent of the licensee's signature. Such records shall be retained for not less than two (2) years. E. Regulations: The applicant shall comply with all applicable regulations of the police department. F. Penalty: In addition to any other penalties contained in this code for violation of this section, conviction of a violation of the section by any person, firm or corporation holding a business license in the Village or by any agent or employee of such license holder, shall result in the revocation of such business license and shall be deemed cause for failure of the Village to renew said business license. (Ord. 82-10, 3-22-1982; Ord 13- 16, 11-11-13) 6-7-3: UNLAWFUL POSSESSION OF DRUG PARAPHERNALIA: A. Definitions: 1. As used in this section, cannabis shall have the same meaning as defined in the Illinois Cannabis Control Act, 720 ILCS 550/3, as may be amended. 2. As used in this section, paraphernalia means all equipment, products and materials of any kind which are intended to be used unlawfully in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body cannabis or a controlled substance in violation of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. B. Possession: It shall be unlawful for any person or persons to possess any items, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by Illinois Compiled Statutes except as specifically permitted by Illinois law. 1. Possession of paraphernalia as defined in this chapter in conjunction with less than ten (10) grams of cannabis. 2. Possession of paraphernalia as defined in this chapter in conjunction with ten (10) grams or greater of cannabis or cannabis infused products, or any other drug as defined in the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or a synthetic drug product or misbranded drug in violation of the Illinois Food, Drug and Cosmetic Act. C. Penalty: In addition to any other penalties contained in this code for violation of this chapter, a violation of the section by any person shall result in fines and penalties as defined in Title 1 Chapter 4 of this Code. SECTION 3: Title 1, Chapter 4, entitled Monetary Penalties and Fines for Specific Violations and Offenses is hereby amended to add monetary penalties for violations relative to cannabis and drug paraphernalia which shall read as follows: 1-4-2: MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES: The minimum and maximum monetary penalty for violations of the following Code sections, or offenses referenced therein shall be as follows: Code Section 6-7-1-B 6-7-1-B 6-7-1-B Description of Violation Penalty Possession Cannabis --.1 grams -10.0 grams $100.00 $200.00 Possession Cannabis -10.1 grams-30grams $200.00 - $750.00 Possession Cannabis -30.1 grams -100.0 $500.00 - $750.00 grams 6-7-1-C* Providing Cannabis to Minors $750.00 6-7-1* 6-7-1-D Possession Cannabis In addition or alternative to z- any monetary penalty, a violator of this section may be required to perform community service or attend drug education training. Owner Responsibility $300 - $750.00 6-7-313-1 Possession of Drug Paraphernalia (less than $100.00 10 grams of Cannabis) 6-7-3-B-2 Possession of Drug Paraphernalia(greater $200.00 than 10 grams of Cannabis or other drugs) (Ord. 11-16, 6-13-2011) SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any Code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 14th day of November 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 14th day of November 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 15th day of November 2016. Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 16-25 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A PARKING WAIVER IN EXCESS OF 30% AND TO ESTABLISH THE REQUIRED NUMBER OF PARKING SPACES FOR THE EXPANSION OF THE EXISTING BUILDING AT 5628 DEMPSTER STREET October 24, 2016 Introduction: 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: To approve a special use permit for a parking waiver in excess of 30% and to established the required number of parking spaces at 14, based on the proposed uses within the proposed expanded building at 5628 Dempster Street. Mr. Pavlo Derbedyenyev, co-owner of North Shore Faucets at 5628 Dempster Street, filed an application to expand the existing 1-1/2 story, 5,210 sq. ft. commercial building to a 3 story, 13,599 sq. ft. structure. North Shore Faucets will occupy the first and second floors of the expanded building, and the third floor will be used as limited general office space. Based on the parking requirements in Section 12-7-3:I, the proposed uses within the expanded building require 25 parking spaces. The applicant is seeking a special use for a parking waiver in excess of 30%, per Section 12-7-3:K, and to establish the number of required spaces at 14 spaces. In accordance with Unified Development Code, the applicant hired Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) to complete a traffic and parking study for the proposed expanded building ("Parking Evaluation North Shore Faucets Expansion", prepared by KLOA, dated July 8, 2016; Revised: August 9, 2016; Revised: September 12, 2016). Based on their observation of area street parking and the project parking demand for the proposed uses within this building, KLOA concluded the parking demand for this project can be accommodated by the five (5) on- site parking spaces and adjacent street parking. The Appearance Commission reviewed the project at their August 1, 2016, and September 7, 2016, meetings and made certain recommendations. The Traffic and Safety Commission reviewed the project at their August 4, 2016, meeting and made certain recommendations on suggested conditions. Based on the application, supporting documents and testimony presented at the August 15, 2016, and September 19, 2016, public hearings and the recommendations from the Appearance and Traffic Safety Commissions, the Plan Commission voted 7-0 to recommend approval of the request for the parking waiver in excess of 30% and to establish the required parking at 14 spaces, with conditions. Community and Economic Development N/A N/A Community and Economic Development in the normal course of business. Approval as presented November 14, 2016 Reviewed by or Teresa Hoffman List ity and Economic Development Director 1 flaw •' , ' orporation Counsel ORDINANCE 16-25 AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A PARKING WAIVER IN EXCESS OF 30% AND TO ESTABLISH THE REQUIRED NUMBER OF PARKING SPACES FOR THE EXPANSION OF THE EXISTING BUILDING AT 5628 DEMPSTER STREET WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Mr. Pavlo Derbedyenyev, co-owner of 5628 Dempster Street, Morton Grove, IL 60053 and North Shore Faucets, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 16-08 requesting a waiver in excess of 30% of the required number of on-site parking spaces to allow for the expansion of an existing 1-'/2 story, 5,210 sq. ft. commercial building to a 3 story, 13,599 sq. ft. commercial building at the property commonly known as 5628 Dempster Street, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C1 General Commercial District; and WHEREAS, the proposed expanded structure complies with all the dimensional controls and bulk requirements for commercial buildings in the C 1 General Commercial District; and WHEREAS, the employee and customer parking for the existing building material sales use is accommodated by five on-site parking spaces, which will be maintained with the expansion project, as well as area public street parking; and WHEREAS, based on the parking requirements in Section 12-7-3:1 of the Unified Development Code, the proposed expansion of this building requires 25 on-site parking spaces; and WHEREAS, Section 12-7-3:K allows for a reduction in the number of off-street parking spaces, based on the actual peak demand of a use or combination of uses as demonstrated by an independent traffic study completed by a traffic engineer. Parking variations in excess of 30% for buildings that are 10,000-50,000 square feet in area require a special use permit; and WHEREAS, in accordance with Section 12-7-3:B, for special uses, the proposed parking standards identified in Section 12-7-3:I, "Required Spaces By Use", are advisory only. The final parking required for a special use shall be decided by the Village Board based on the submitted, independent traffic and parking study and any traffic and parking recommendation or study prepared by Village Staff or Village Consultants or any pertinent Village Commission and the recommendation of the Plan Commission; and WHEREAS, as part of their special use application, the applicant submitted a parking study, "Parking Evaluation North Shore Faucets Expansion," by Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA), dated July 8, 2016, Revised: August 9, 2016, Revised: September 12, 2016; and WHEREAS, pursuant to the applicable provisions of the Unified Development Code, notice of a public hearing on PC 16-08 to be held on August 9, 2016 was published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove, on July 28, 2016; a sign was posted on the subject property on August 5,2016; and written notification was sent to all property owners within 250 feet of the subject property on July 29, 2016; and WHEREAS, on August 1, 2016, and September 7, 2016, the Appearance Commission reviewed the applicant's design for the expanded building and recommended certain conditions; and WHEREAS, on August 4, 2016, the Traffic Safety Commission reviewed the application and traffic study and recommended certain conditions; and WHEREAS, at the August 15, 2015, and September 19, 2016, public hearings, the Plan Commission reviewed the application and heard the applicant's presentation, 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, at the public hearing, the applicant presented the details of the KLOA parking study, including the parking demand calculation of 14 parking spaces for this project, which was based on the existing expanded building material sales use, which will fully occupy the first and second floors and is projected to have a total of ten employees, and a limited general office use on the third floor, which is currently limited to no more than four employees; and WHEREAS, at the public hearing, the applicant also reviewed the findings of the KLOA existing area parking survey and presented their observations that there currently is available street parking spaces, during peak hour times, along Parkside Avenue; and WHEREAS, in an effort to promote and foster economic development activities along Dempster Street, the Village will be constructing new angled parking spaces on the west side of Parkside Avenue and on the east side of Major Avenue, north of Dempster and south of the public alley, which will also increase the number of available street parking spaces; and WHEREAS, at the public hearing, KLOA presented their conclusion that the 14 space parking space demand, based on the proposed uses within this expanded building, can be accommodated through a combination of the five on-site parking spaces and the adjacent public street parking; and WHEREAS, the Plan Commission considered all the evidence and testimony presented to it, discussed the merits of the Application in light of applicable law and voted to recommend approval of a parking waiver in excess of 30% and to establish the required number of parking spaces for this project, as proposed, at 14 spaces, which can be accommodated by the five on-site parking spaces and area street parking, with conditions, through a report dated September 30, 2016, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find pursuant to the relevant provisions of the Unified Development Code, this special use for a parking waiver and to establish the required number of parking spaces for the expansion of the existing commercial building, will result in the expanded building being used and operated in such a way that the public health, safety and welfare will be protected and will not cause substantial injury to the other properties in the surrounding neighborhood; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined a special use permit for a parking waiver in excess of 30% and establishing the required parking spaces at 14 for the expanded building at 5628 Dempster Street, shall be approved subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 5628 Dempster Street, Morton Grove, Illinois 60053, is granted a request for a parking waiver in excess of 30%, in accordance with Section 12-7-3:K, and to establish the required number of parking spaces for the expanded building at 5628 Dempster Street at 14 spaces, which may be accommodated by a combination of five on-site parking spaces and adjacent street parking, with the following conditions : 1. The building and site shall be developed and operated consistent with the plans and supporting documents in the application, amended as necessary to comply with the conditions from the Appearance Commission, Traffic Safety Commission, Plan Commission and/or Village staff, prepared by Arzoumanian & Company, dated July 14, 2016, unless otherwise noted, including the following: a. Proposed Site Plan; b. Proposed Elevations; c. Proposed I' and 2nd Floor Plans; d. Proposed 3rd Floor and Roof Plans; and e. Rendering Studies, prepared by Arzoumanian & Company; f. Proposed Site Plan Trash Locations, dated May 4, 2016, Revised: May 13, 2016; and g. "Parking Evaluation North Shore Faucets Expansion", prepared by KLOA, dated July 8, 2016, Revised: August 9, 2016; Revised: September 12, 2016 2. This parking waiver is granted based on the proposed material sales and ancillary support uses on the 1st and 2nd floors and limited general office use with up to four employees on the 3rd floor, in accordance with the plans and supporting documents listed in condition 1, above, the special use application dated September 9, 2016, and correspondence from Arzoumanian & Company, dated September 15, 2016. 3. The applicant shall advise the Director of Community and Economic Development of any of the following: a. Any proposed change in ownership of the subject property, the principal business use as a building material sales use on the 1st and 2nd floors, or the limited general office use, with up to 4 employees, on the 3rd floor; b. Any change in hours of operation; c. Any alterations to or changes in the layout or use of the interior spaces; d. Any increases in staffing levels above those projected in the KLOA traffic study "Parking Evaluation North Shore Faucets Expansion", dated September 12, 2016; and e. Any other changes to the existing and proposed future uses that could increase the intensity of such uses and/or could increase parking demand. Such changes may require the owners, lessees, and users of 5628 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5628 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 4. The applicant shall comply with all the recommendations suggested by the Traffic Safety Commission as follows: a. Trash removal shall be conducted in a manner courteous with the neighbors. b. Deliveries shall be conducted in a manner courteous with the neighbors and scheduled before business hours or after closing hours when possible. SECTION 3: The owners, lessees, occupants, and users of 5628 Dempster Street, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The applicant shall comply with all requirements of the Village of Morton Grove Ordinances and Codes, as applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 14th day of November 2016. Trustee Grear Trustee Minx Trustee Pietron Trustee Ramos Trustee Thill Trustee Witko APPROVED by me this 14th day of November 2016. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15th day of November 2016 Connie Travis, Village Clerk Village of Morton Grove Cook County, Illinois Community & Economic Development Department MORTON GROVE Incredibly Close t Amazingly Open 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: September 30, 2016 Re: Plan Commission Case PC16-08: Request for Special Use Permit to grant a parking waiver in excess of 300/0 of required parking spaces for the expansion of the existing 1-1/a story commercial building to 3 stories, in accordance with Section 12-7 of the Unified Development Code (Ordinance 07-07) Commission Report Public Notice The Village of Morton Grove provided Public Notice for the August 15, 2016 Plan Commission public hearing for PC 16-08 in accordance with the Unified Development Code. The Pioneer Press published the public notice on July 28, 2016, and the Village notified surrounding property owners via mail on July 29, 2016 and placed a public notice sign on the subject property on August 5, 2016. Overview of the Application Mr. Pavlo Derbedyenyev, one of owners of the property and North Shore Faucets located at 5628 Dempster Street, filed an application to allow the expansion of the existing 1-1/2 story building to three stories. The 6,801 sq. ft. subject property is located at the northwest corner of Dempster Street and Parkside Avenue and is currently improved with a 5,210 sq. ft. commercial building. The expanded building is proposed to be 13,599 sq. ft. in area and 40 ft. in height and would comply with all dimensional controls and bulk requirements in the C1 District, however, a parking waiver is required. The property is zoned C1 General Commercial District. When comparing the proposed uses within of the expanded building (showroom, storage, and office) against the technical requirements of the Unified Development Code, the expanded building would require 25 parking spaces. The property currently has five (5) parking spaces on-site, which will be maintained after the proposed expansion. For buildings between 10,000 sq. ft. and 50,000 sq. ft. in area, a parking waiver greater than 30% requires a special use permit (Section 12-7-3:K). In this case, the applicant is seeking a waiver of 80% of the number of required spaces, based on the parking requirements established in the Code. Per Section 12-7-3:B of the Unified Development Code, proposed parking standards identified in the code as "Required Spaces By Use" shall be advisory only for Special Use applications as the required parking will be reviewed and established as part of the Special Use Permit. The final number of required parking spaces for Special Use Permits is set by the Village Board based on the submitted, independent traffic and parking study and any traffic and parking recommendations by the Traffic Safety and Plan Commissions and/or staff. August 15 2016 Public Hearing Mr. Dominick Argumedo, Zoning Administrator/Land-Use Planner, introduced the case and summarized the Plan Commission staff report dated August 10, 2016, which was entered, in its entirety, into the public record. (Attachment 1) Mr. Raffi Arzoumanian, the architect representing Pavlo Derbedyenyev, gave an overview of the proposed building design and materials. He explained that North Shore Faucets are proposing to expand the showroom on the ground floor and administrative offices on the second floor, and provide added storage space on both floors. Mr. Luay Aboona, Principal with Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA), presented his firm's parking study of the proposed project. He noted that based on the existing and proposed expanded uses, KLOA projected the overall parking demand for the expanded building at 19 parking spaces, broken down as follows: existing demand of five (5) parking spaces, plus an additional five (5) space parking demand for the new expanded second floor office space and nine (9) spaces parking demanded for the proposed third floor general office space. Mr. Aboona stated KLOA examined on -street parking from Dempster Street to Greenwood Street along both Parkside and Major Avenues, in order to gauge the existing parking demand. Specifically, KLOA surveyed and observed the current on-site and street parking locations during the hours of operation for North Shore Faucets on a weekday and one Saturday. Based on their findings, he stated that 30-35% of the available parking spaces were occupied at peak times, in the overall study area, and that less than 40% of available parking between Dempster Street and the alley to the north was occupied. In addition to the five (5) on-site parking spaces, there are seven (7) existing angled parking spaces on the east side of Parkside and 3-4 parallel parking spaces on the west side, between Dempster and the alley. Mr. Aboona noted that the Village is planning to modify the public parking on the west side of Parkside from parallel to angled parking, which will add 2-3 parking spaces. He stated that based on their observations and finding, the increased parking demand can be met by the available parking in the area. Commissioner Dorgan stated that he is a long-time patron of North Shore Faucets and has never had a problem parking there. He spoke to the nature of the business, noting that the tradesmen that utilize this business typically do not park there for longer than 30 minutes. He asked whether the new angled parking would include an accessible parking space. Mr. Argumedo stated there would not be an accessible parking space along Parkside, but that an accessible parking space will be provided on-site. Commissioner Shimanski asked if the public parking on Parkside Avenue between Dempster Street and the alley had time limits, and specifically if any such time limits would be imposed for the new angled parking. Commissioner Shimanski expressed concern that future employees would not be able to use any public parking, if they had time limits. Ms. Radzevich stated it had not yet been determined if there would be time limits on the new angled parking spaces. Commissioner Shimanski also expressed concern about the unknown nature of the proposed third floor commercial space. He stated that more information should to be provided before the Plan Commission can provide a recommendation to the Village Board. Mr. Arzoumanian said the third floor is the smallest footprint of the floors in the building and the General Office use should not have a great impact on the overall parking demand. Arzoumanian said the projected demand is based on the overall size of the third floor space, not 2 on the actual proposed use. So, if the third floor ended up only being used by two or three employees, for example, then parking would not be an issue. Ms. Radzevich advised the Commission that staff has suggested a condition such that if the actual third floor use is more intensive than what is proposed in this application, the owner would need to seek an amendment to the special use. Ms. Radzevich suggested that if the applicant is willing to do so, the current application could be modified to reduce the overall parking waiver and demand by limiting the maximum number of employees on the third floor to no more than 2-3 employees until the use is actually defined, as Mr. Arzoumanian suggested. Chairperson Farkas pointed out that one of the five on-site parking spaces is also the loading area. He questioned how deliveries and pickups are handled, particularly when all of these spaces are in use by employees or customers. Chairperson Farkas read aloud a letter submitted to the Village from Ye Shook Ahn, the owner of 5632 Dempster, expressing concern about existing parking issues within the area and how this will be impacted by the proposed development. (Attachment 2). Mr. Aboona responded by saying that based on their surveys and observations, there is currently sufficient parking available in the area, and specifically along Parkside between Dempster and the alley. He concluded that he believes North Shore Faucets is not causing an imposition to the neighborhood. Randy Israel, property owner of 5631, 5641, and 5645 Dempster, commended the architect on the design of the project and said it will be a welcomed addition to Dempster Street. However, he expressed concern that parking in this area will be an issue, as it is already tight. He further noted he has suggested the Village build an additional parking lot along this block. He also suggested a more comprehensive approach to address parking issues along Dempster. Commissioner Shimanski reiterated his concerns about the possible time limits on the public parking along Parkside and the projected nine space parking demand for the third floor and asked if the petitioner would be interested in continuing this case to allow for additional information and/or clarifications. Chairperson Farkas concurred, and reiterated his concerns about the potential conflict between deliveries and the on-site employee/customer parking. Mr. Arzoumanian, on behalf of the owner, stated they want to make sure the Board is satisfied and asked to continue the case. Commissioner Shimanski moved to continue Case PC 16-08 to the September 19, 2916 meeting. The motion was approved 5-1 (Blonz opposed; Khan absent) September 19, 2016 Public Hearing Dominick Argumedo provided an overview of the modifications and clarifications to the application. He first noted the applicant submitted an updated application, which proposes to limit the number of potential employees for the third floor commercial space to no more than four (Attachment 3). If the owner decides to lease the third floor space to a more intensive use, with a higher parking demand, they will need to provide an updated parking analysis for review and seek approval to do so. Mr. Argumedo discussed the question on parking time limits on Parkside Avenue. He noted the parking spaces on the east side currently do not have time limits and, after discussion with the Village Administrator, the new angled parking on the west side, similarly, will not have time limits. He stated the Village is also proposing to add similar angled parking on the east side of 3 Major Avenue. It is anticipated both of these public parking projects will be initiated in mid -to late spring 2017, and will be completed before or in conjunction with this expansion project. Finally, Mr. Argumedo noted the applicant has clarified their delivery process. They indicated they typically have 2-4 deliveries/pick-ups per week, which take no more than 30 minutes. These are scheduled in advance, typically early morning (7:00-9:OOAM) or later in the day (4:00-6:OOPM), to minimize conflicts with employee parking. Pick-ups are usually completed within several minutes as they typically involve small orders. On the limited occasions when the all parking spaces are occupied when the deliver/pick-up truck arrives, the owners or employees temporarily move their vehicles to facilitate the trucks. Mr. Aboona provided an overview of the updated parking evaluation, taking into consideration the additional future angled parking on both Parkside and Major Avenue and the reduced parking demand for the third floor. By limiting the third floor use to no more than four employees, the expected overall parking demand for the expanded building will be fourteen (14). He again concluded that the area has available parking to meet expected demand. Commissioner Blonz asked for clarification of the nature of the business. Aaron Kiser, co-owner of North Shore faucets, explained the business sells plumbing replacement parts, bathroom fixtures, and all items related to the plumbing field, and their patrons are a 50/50 mix of professionals and home owners. Commissioner Blonz asked about the projected number of customers on the second floor, which is estimated to be three (3) per month. Mr. Kiser confirmed that they currently have this same level of intermittent support people — accountants, suppliers — coming to their store. This would continue at the same level and should not add to the parking demand. Mr. Kiser noted that having sufficient available parking is important to his business and he is trying to negotiate with neighboring property owners for additional parking spaces, in case parking becomes an issue. Mr. Blonz asked how the Village would know if a commercial entity occupied the third floor with more than four employees. Mr. Argumedo stated it would be tracked as part of the Village's general permitting and Business Compliance Certificate processes. Chairperson Farkas asked for clarification on the parking waiver. Ms. Radzevich clarified that through the special use process, the evaluation of parking is a two-tiered process. Initially, parking is evaluated based on the general land use classifications established within the Unified Development Code. It is also evaluated based on the projected parking demand for the specific nature of the uses proposed for the site. Under the special use process, the Board can establish the parking requirement for the specific project, based on the parking demand. The Code requirements are only advisory as they reflect general industry standards of potential parking as opposed to the parking demand based on the actual proposed uses. Ms. Radzevich further explained that the waiver, based on the Code requirements hasn't changed, but the projected parking demand for this particular project has been reduced by the applicant proposing to limit the number of employees on the third floor no more than four. Mr. Shimanski stated that the modifications to the application and the additional testimony have addressed his concerns and he made a motion to recommend approval of Case #PC16-08, a request for a parking waiver from Section 12-7-3:I and to establish the required number of parking spaces for the expanded building at 5628 Dempster Street at 14 spaces, which may be accommodated by a combination of 5 on-site spaces and adjacent area public parking, with the following conditions: 4 1. The building shall be developed and operated consistent with the plans and supporting documents in the application, amended as necessary to comply with the conditions from the Appearance Commission, Traffic Safety Commission, Plan Commission and/or Village staff, prepared by Arzoumanian & Company, dated 7/14/16, unless otherwise noted, including : a. Proposed Site Plan; b. Proposed Elevations; c. Proposed 1st and 2nd Floor Plans; d. Proposed 3rd Floor and Roof Plans; and e. Rendering Studies, prepared by Arzoumanian & Company; f. Proposed Site Plan Trash Locations, dated 5/4/16,REV: 5/13/16 and g. "Parking Evaluation North Shore Faucets Expansion", prepared by KLOA, dated July 8, 2016; Revised: August 9, 2016; Revised: September 12, 2016 2. This parking waiver is granted based on the proposed material sales and ancillary support uses on the 1st and 2nd floors and limited general office use with up to four employees on the 3`d floor, in accordance with the plans and supporting documents listed in condition 1., above, the Special Use application dated September 9, 2016, and correspondence from Arzoumanian & Company, dated September 15, 2016. 3. The applicant shall advise the Director of Community and Economic Development of any of the following: a. any proposed change in ownership of the subject property, the principal business use as a building material sales use on the Vt and 2"d floors, or the limited general office use on the 3rd floor; b. any change in hours of operation; c. any alterations to or changes in the layout or use of the interior spaces; d. any increases staffing levels above those projected in the KLOA traffic study "Parking Evaluation North Shore Faucets Expansion", dated September 12, 2016; and e. any other changes to the existing and proposed future uses that could increase the intensity of such uses and/or could increase parking demand. Such changes may require the owners, lessees, and users of 5628 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5628 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 4. The applicant shall comply with all the recommendations suggested by the Traffic Safety Commission as follows: a. Trash removal shall be conducted in a manner courteous with the neighbors. b. Deliveries shall be conducted in a manner courteous with the neighbors and scheduled before business hours or after closing hours when possible. The motion passed unanimously 7-0. 5