HomeMy WebLinkAbout2018-01-08 AgendaMORTO GROVE
Incredibly Close !C Amazingly Open
VILLAGE BOARD OF TRUSTEES
REGULAR MEETING NOTICE/AGENDA
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
SCANLON CONFERENCE ROOM
January 8, 2018
6:00 pm
(The hour between 6:00 and 7:00 pm is set aside for Executive Session
per I -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 — December 11, 2017
8. Special Reports
a. Plan Commission Case PC17-19 Requesting a Special Use Permit for a Structure over 40 Feet to
be Presented by Community and Economic Development Director Nancy Radzevich
9. Public Hearings
10. Residents' Comments (agenda items only)
11. President's Report —Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal
Conference, Strategic Plan Committee
12. Clerk's Report — Condominium Association, Strategic Plan Committee
13. Staff Reports
a. Village Administrator
1) Miscellaneous Reports and Updates
b. Corporation Counsel
14. Reports by Trustees
a. Trustee Grear —Building Department, Community and Economic Development Department,
Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission,
Traffic Safety Commission (Trustee Minx)
b. Trustee Minx — Capital Projects, Chamber of Commerce, Natural Resource Commission, Plan
Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear)
1) Ordinance 18-01 (Introduced January 8, 2018) (First Reading)
Approving a Special Use Permit for a Structure (Water Stand Pipe) Over 40 Feet in
Height at 7900 Nagle Avenue, Morton Grove
2) Resolution 18-01 (Introduced January 8, 2018)
Authorizing the Execution of a Contract with Clear Cut Tree Service, Inc. for the 2018
Tree Trimming Program
3) Resolution 18-02 (Introduced January 8, 2018)
Authorizing the Execution of an Agreement with Concentric Integration for Phase I
Supervisory Control and Data Acquisition (SCADA) System Improvements for the Water
Distribution SCADA System
c. Trustee Ramos — Appearance Commission, Environmental Health, IT, Legal Department
(Trustee Travis)
1) Ordinance 17-36 (Introduced December 11, 2017) (Second Reading)
Amending Title 3, Chapter 3 of the Municipal Code Entitled "Law Department", Article
A Entitled "Administrative Hearing Department"
d. Trustee Thill —Advisory Commission on Aging, Emergency Management Agency, Family and
Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC
(Trustee Witko)
e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance
Advisory Commission, Finance Department (Trustee Ramos)
14. Reports by Trustees (continued)
f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police
Commission, NIPSTA, Police Department, Police Pension Board, Water Commission (Trustee
Thill)
1) Ordinance 18-02 (Introduced January 8, 2018) (Request to Waive Second Reading)
Amending Title 1, Chapter 8 of the Municipal Code by Adding a New Section 16
Entitled "Policy Prohibiting Sexual Harassment"
15. Other Business
16. Presentation of Warrants December 25, 2017 $558,585.52
January 08, 2018 $420,852.01
Total $979,437.53
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
DECEMBER 11, 2017
CALL TO ORDER
I — Village President Dan DiMaria convened the meeting at 7:00 pm. in the Council Chambers of
V. Village Hall and led the assemblage in the Pledge of Allegiance.
VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx,
Ed Ramos, John Thill, Connie Travis, and Janine Witko.
APPROVAL OF MINUTES
1. Regarding the Minutes of the Regular Meeting of November 27, 2017, Trustee Thill moved to
accept the Minutes as presented, seconded by Trustee Minx. Motion passed unanimously via
voice vote.
VII.
VIII.
a.
SPECIAL REPORTS
Announcement of the Fall Photo Contest Winners
Mayor DiMaria introduced Community Relations Commissioner Jenna Downing, here this
evening to announce the winners of the Commission's Fall Photo Contest.
b. Commissioner Downing said that the Community Relations Commission is an ail -volunteer body
whose mission is to foster, encourage and stimulate the improvement of relations among and
between citizens of all races, creeds, national origins and economic and educational levels; and
to provide all individuals with an equal opportunity to grow and participate to the best of their
ability, in the economic, educational, social and cultural activities available in our community.
The Commission sponsors the Adopt -A -Planter program as well as a community -wide garage
sale and quarterly photo contests. The Commission also distributes information at the Farmers'
Market and acts as greeters for the Village's quarterly Neighborhood Outreach events.
c. Commissioner Downing thanked all those who participated in the Fall Photo Contest, noting that
there had been many submissions, which made it difficult to pick the winners.
d. The winners are Brian Kave, Howard Kaste, Meddie Goldstein, and Eileen Deano. Ms. Deano
had two winning submissions.
2017 Board Meeting'.
Minutes of December 11
VIII.
SPECIAL REPORTS (continued)
e. The Board and assemblage congratulated the winners, all of whom were present. The winning
photos have been matted and framed and will be on display at the Morton Grove Village Hall for
the next several months. All of the submissions will be posted on the Village's Facebook page.
f.
g.
Commissioner Downing said that the Winter Photo Contest has begun and will end on
March 2. She encouraged residents to submit up to five photos of people, places; or events that
depict the Village's tagline "Incredibly Close. Amazingly Open." Photos can be emailed to
crc( mail.orq or dropped off at Village Hall. The winners will be announced at the March 12
Village Board meeting.
Commissioner Downing said the Community Relations Commission currently has 11 members
but is always looking for more. She encouraged residents to attend one of the Community
Relations Commission's meetings and think about joining the Commission. The meetings are
held the second Tuesday of every month at 6:30 p.m. in the Scanlon Conference Room on the
second floor of Village Hall.
h. Mayor DiMaria thanked the Commission and the participants for making this event successful.
IX. PUBLIC HEARINGS
NONE
X. RESIDENTS' COMMENTS (Agenda Items Only)
NONE
Xl. PRESIDENT'S REPORT
Mayor DiMaria had several items of business tonight.
1. First, he noted the Village Board's meeting schedule for 2018:
a. January 8 and 22; February 12 and 26; March 12 and 26; April 9 and 23, May 14, June 11
and 25, July 9 and 23, August 13 and 27, September 10 and 23, October 8 and 21,
November 12 and 26, and December 10.
b. The second meeting in May is cancelled for Memorial Day; the second meeting in December is
cancelled for Christmas. All meetings are held at the Richard T. Flickinger Municipal Center and
begin at 6:00 p.m., with the first hour reserved for closed Executive Sessions, if needed. The
public portion begins at 7:00 p.m. in the Council chambers.
2. Next, Mayor DiMaria sought a motion to concur with the following administrative appointments,
effective January 1, 2018 through December 31, 2018.
2
Minutes of December 11, 2017 Board Meeting"
XI.
PRESIDENT'S REPORT (continued)
Community and Economic Development: Nancy Radzevich
Corporation Counsel: Teresa Hoffman Liston
Finance Director/Treasurer: Hanna Sullivan
Fire Chief: Frank Rodgers
Police Chief: Michael Simo
Public Works Director: Andy DeMonte
Village Administrator: Ralph Czerwinski
Trustee Thill moved to concur with these appointments, seconded by Trustee Minx. Motion
passed unanimously via voice vote.
Mayor DiMaria extended his personal condolences and those of the Board to Police Chief Simo,
whose mother very recently passed away.
3. Mayor DiMaria then sought a motion to concur with the appointments of chairpersons for the
Village's various boards and commissions as follows:
4.
Advisory Commission on Aging:
Appearance Commission:
Cable and Telecommunications Commission:
Community Relations Commission:
Economic Development Commission:
Board of Environmental Health:
Finance Advisory Commission:
Fire and Police Commission:
Natural Resource Commission:
Plan Commission/Zoning Board of Appeals:
Special Events Commission:
Traffic Safety Commission:
Ann Marrazzo
John Pietron
Ron Fine
Arcelia Pimentel
Wayne Youkhana
Georgianne Brunner
William McFadden
Michael Simkins
Mary Busch
Steve Blonz
Paul Minx
Keith White
These appointments are effective January 1, 2017 through December 31, 2018.
Trustee Minx moved to concur, seconded by Trustee Grear. Motion passed unanimously via
voice vote.
Mayor DiMaria noted the meeting schedule and meeting locations of the various boards and
commissions, as follows:
Advisory Commission on Aging meets at 1:OOpm at the Civic Center, 2nd Tuesday every month
Appearance Commission meets at 7:OOpm in the Council Chambers, 1st Monday every month
Board of Environmental Health meets at 7:OOpm in the Scanlon Conference Room, 1s` Tuesday
every other month, beginning in February
Cable and Telecommunications Commission meets at 7:30pm in the Scanlon Conference
Room; meeting dates vary
Community Relations Commission meets at 6:30pm in the Scanlon Conference Room,
2nd Tuesday, every month
3
Minutes ,of:December 11, 2017 Board Meeting.
PRESIDENT'S REPORT (continued)
Economic Development Commission meets at 5:30pm in the Scanlon Conference Room;
meeting dates vary
Finance Advisory Commission meets at 7:OOpm in the Scanlon Conference Room; meeting
dates vary
Fire and Police Commission meets at 1:OOpm at Fire Station #4, 4th Tuesday every month
Fire Pension Board meets quarterly at 8:OOam at Fire Station #4; meeting dates vary
Foreign Fire Tax Board meets quarterly at 8:OOam at Fire Station #4; meeting dates vary
Natural Resources Commission meets at 6:OOpm in the Scanlon Conference Room; meeting
dates vary
Plan Commission/Zoning Board of Appeals meets at 7:30pm in the Council Chambers;
3rd Monday every month
Police Pension Board meets quarterly at 4:OOpm at the Police Station; meeting dates vary
Special Events Commission meets at 6:30pm at Public Works (7840 Nagle), 3rd Tuesday on
odd months
Traffic Safety Commission meets at 7:OOpm in the Council Chambers, 1st Thursday every month
These meeting dates and times will be posted on the Village's website.
Mayor DiMaria wished everyone happy holidays and a happy New Year, and said he's excited
about the Village's future in 2018.
XII. CLERK'S REPORT
Clerk Harford had no report.
XIII.
A. Village Administrator:
STAFF REPORTS
1. Village Administrator Czerwinski announced that the Village Board Meeting scheduled for
Monday, December 25, 2017, was cancelled.
2. Mr. Czerwinski presented Resolution 17-50, Authorizing the Approval of a Supplemental
Agreement No. 1 Between the Morton Grove -Niles Water Commission (MGNWC) and
Stanley Consultants, Inc. For Engineering Services for the Design of Water Transmission
Mains and Facility Improvements.
a.
He explained that, in July of 2017, the MGNWC approved an agreement with Stanley to prepare
final designs and specifications for the construction of transmission mains, pump stations, stand
pipe and other facilities to connect the MGNWC water system to the city of Evanston's water
system for a cost of $4,459,313. Subsequently, the MGNWC acquired property at 7900 Nagle
Avenue for its standpipe and a pump station at a cost of $795,000. This was over $1 million less
than the estimated land cost of $2 million.
4
Minutes of December 11, 2017 Board Meeting
XIII. STAFF REPORTS (continued)
Due to this acquisition, it became necessary for Stanley to perform additional services not
included in the original contract. Stanley was also asked to perform additional services relating
to the acquisition of easements which would ultimately reduced construction costs.
c. Stanley and the MGNWC negotiated Supplement Agreement No. 1 for these additional services
at a cost of $84,370, to be split evenly between Morton Grove and Niles. Morton Grove's share
therefore is $42,185.
b.
Mr. Czerwinski asked for a motion on this Resolution.
Trustee Grear moved to approve Resolution 17-50, seconded by Trustee Witko.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx e)(e Tr. Ramos aye
Tr. Thiil Tr. Travis aye Tr. Witko aye
3. Mr. Czerwinski reported that Saturday, December 2, Santa Claus came to Morton Grove! It was
an enjoyable community event, with an expanded route, held in conjunction with the Indoor
Winter Farmers' Market and Holly Days. Mr. Czerwinski thanked the Morton Grove Days
Commission as well as the Police, Fire, and Public Works Departments for making this happen
again this year. He added that there will be another Indoor Winter Farmers' Market on Saturday,
February 3, from 9am to 2pm at the Civic Center, and he encouraged people to become "Friends
of the Market" by going to the Famers' Market website:
http://mqfarmersmarket.com/markeffriends.
4. Mr. Czerwinski reminded the assemblage that the Morton Grove Police Department's "Toys for
Tots" collection is currently underway, ending on December 15. New unwrapped toys are
appreciated. Collection locations include the MG Police Department, MG Fire Department
Station #4, Village Hall, and Prairie View Community Center. He noted that the Morton Grove
Days Commission donated 50 unwrapped toys and thanked Chairman Paul Minx for the
Commission's generosity.
5. Mr. Czerwinski also reminded everyone that the Firefighters Association of Morton Grove is
holding its annual holiday food drive, which ends today. Nonperishable food donations can be
made at the following locations: MG Fire Department Station #4, Village Hall, MG Civic Center,
Moose Lodge, Prairie View Community Center, Jerusalem Lutheran Church, and Edward Jones.
He said that the Morton Grove Days Commission had donated all of its bar tips from the summer
event to help the food drive, and again thanked Chairman Paul Minx for the Commission's
generosity.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
5
Minutes of December 11, 2017 Board Meeting'
XIV.
A. Trustee Grear:
TRUSTEES' REPORTS
Trustee Grear presented Ordinance 17-32, Amending Title 5, Chapter 13, Article A,
Section 2 Entitled "Two -Way Stop Intersections" of the Municipal Code of the
Village of Morton Grove.
This is the second reading of this Ordinance.
a. Trustee Grear explained that, currently, there is a two-way stop at a mid -block crosswalk on
Lyons between Waukegan and Oak Park. The Chief of Police enacted a temporary traffic
regulations to see if replacing the stop signs with signs requiring drivers to stop for pedestrians
in the crosswalk would be a better solution to the traffic flow in that area. The public in the area
was notified of the experiment and their feedback was solicited. Golf School officials also
supported the experiment. The Traffic Safety Commission reviewed the case in November and
recommended making the temporary change permanent.
Trustee Grear moved to adopt Ordinance 17-32, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. ThiII
ays
kyp
Tr. Minx
Tr. Travis
gyp
yQ
Tr. Ramos
Tr. Witko
gyp
2. Next, Trustee Grear presented Ordinance 17-33, Approving and Authorizing the Execution
of a Second Addendum to the Economic Incentive and Tax Increment Allocation Financ-
ing Development Agreement By and Between the Village of Morton Grove, Illinois, and
8735 Narragansett Ave, 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.
a.
b.
c.
This is the second reading of this Ordinance.
Trustee Grear explained that this Ordinance effectively grants a 90 -day extension to March 31,
2018, for the completion and opening of the Moretti's restaurant.
Trustee Grear moved to adopt Ordinance 17-33, seconded by Trustee Witko.
Motion passed: 6 ayes, 0 nays.
Tr. Grear kya Tr. Minx Tr. Ramos gya
Tr. ThilI gyp Tr. Travis ave Tr. Witko gyp
Mayor DiMaria introduced Mark Hoffman of Ala Carte Entertainment to give the assemblage an
update on the construction and completion of the new Moretti's.
Mr. Hoffman said the company very much appreciates this extension. They've added a lot of new
features to turn this into a flagship location. He said over $600,000 worth of enhancements have
been added and he wants Morton Grove to be proud of the end result.
6
XIV.
A. Trustee Grear: (continued)
d. Mr. Hoffman thanked the Mayor, the Village Board, and the world-class Village staff for being a
true pleasure to work with. He noted that this is the first Moretti's location to be built from the
ground up, and although he had hoped to accomplish all the construction by now, said, "We're
right on the goal line."
Minutes of December 11 2017 Board Meeting.
TRUSTEES' REPORTS (continued)
e.
Mayor DiMaria thanked Mr. Hoffman and Ala Carte Entertainment for investing in Morton Grove.
3. Trustee Grear thanked Village Administrator Czerwinski and Tom Friel for their assistance with
making the "Santa Claus" event successful. He wished everyone happy holidays and a happy
New Year.
B. Trustee Minx:
1. Trustee Minx presented Ordinance 17-34, Authorizing the Transfer of Funds Between
the Lehigh -Ferris Tax Increment Financing District and the Dempster -Waukegan Tax
Increment Financing District for the Village of Morton Grove, Cook County, Illinois.
This is the second reading of this Ordinance.
Trustee Minx explained that the Tax Increment Allocation Redevelopment Act allows the Village
to transfer funds from one TIF District to a contiguous TIF District. This ordinance will authorize
the transfer of $1,910,613 from the Lehigh -Ferris TIF District to the Dempster -Waukegan TIF
District. The funds will be used to pay down debt incurred by the Village pursuant to General
Obligation Refunding Bonds, the proceeds of which were used to further development within the
Village's TIF Districts. This transfer of funds has or will be reflected in the 2017 Village Budget.
Trustee Minx moved, seconded by Trustee Thill, to adopt Ordinance 17-34.
Motion passed: 6 ayes, 0 nays.
a.
2.
a.
Tr. Grear
Tr. Thill
Tr. Minx
Tr. Travis
an
Tr. Ramos mg
Tr. Witko ave
Trustee Minx next presented Ordinance 17-35, Authorizing the Transfer of Funds Between
the Dempster -Waukegan Tax Increment Financing District and the Waukegan Tax
Increment Financing District for the Village of Morton Grove, Cook County, Illinois.
This is the second reading of this Ordinance.
Trustee Minx explained that the Tax Increment Allocation Redevelopment Act allows the Village
to transfer funds from one TIF District to a contiguous TIF District. This ordinance will authorize
the transfer of $1,910,613 from the Dempster -Waukegan TIF District to the Waukegan TIF
District. The funds will be used to pay down debt incurred by the Village pursuant to General
Obligation Refunding Bonds, the proceeds of which were used to further development within the
Village's TIF Districts. This transfer of funds has or will be reflected in the 2017 Village Budget.
7
XIV. TRUSTEES' REPORTS (continued)
B. Trustee Minx: (continued)
Trustee Minx moved to adopt Ordinance 17-35, seconded by Trustee Travis.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Minx au Tr. Ramos aye
Tr. ThiII Rya Tr. Travis ma Tr. Witko ave
3. Trustee Minx then introduced for a first reading Ordinance 17-37, Approving a Minor Amend-
ment to a Special Use Permit to Allow For a Commercial Wireless Antenna Installation/
To Change Carriers and Associated Equipment a 8820 National Avenue, Morton Grove, IL.
a.
b.
c.
d.
e.
She explained that, in June of 2008, the Board had approved a special use permit to allow
Cricket Communications to construct a commercial wireless antenna installation at the Village's
North Elevated Water Tower at 8820 National Avenue.
In October of 2016, Cricket Wireless terminated its lease and removed its equipment from the
site. The Applicant, Verizon Wireless, has negotiated a lease with the Village to install commer-
cial wireless antenna and related equipment on the same spaces previously occupied by Cricket
Wireless. The lease has been submitted to the Village Board for approval pursuant to Resolution
17-51, and is subject to Verizon obtaining an amendment to the Special Use Permit granted to
Cricket Wireless.
Verizon has submitted an application for a minor amendment to the existing special use permit
to utilize the Cricket Wireless footprint for their equipment and antennas. Verizon has been
working with Village Staff since the fall of 2016 to perform their due diligence of the site.
Trustee Minx said that Section 12-16-4-B of the Village's Unified Development Code allows for
minor amendments of existing special use permits upon review by the Building Commissioner or
his/her designee, the Plan Commission chairperson, Village Administrator, and Corporation
Counsel. The submitted plan has been reviewed by all the required staff/commissioners, in
consultation with the Fire and Public Works Departments, and has been determined to be in
substantial compliance with and does not change the intent of the original special use permit.
Trustee Minx commented that the Applicant has requested that the second reading of this
Ordinance be waived so it can begin its installation of its equipment. Pursuant to the lease
between the Village and the Applicant, rent shall not begin until the applicant commences the
installation of its equipment.
Trustee Minx moved to waive the second reading of this Ordinance, seconded by Trustee Travis.
Motion passed: 5 ayes, 1 nay.
Tr. Grear nav Tr. Minx Tr. Ramos aye
Tr. Thill Tr. Travis aya Tr. Witko
8
Minutes of December 11 2017 Board Meeting
XIV.
TRUSTEES' REPORTS (continued)
B. Trustee Minx: (continued)
Trustee Minx then moved to adopt Ordinance 17-37, seconded by Trustee Witko.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thiil
gyg
kya
Tr. Minx
Tr. Travis
gyp
gyp
Tr. Ramos
Tr. Witko
4. Next, Trustee Minx presented Resolution 17-51, Approving and Authorizing a Lease
Agreement Between the Village and Chicago SMSA Limited Partnership, D/B/A Verizon
Wireless, Concerning Real Property Owned by the Village and Located at 8844-8848
National Avenue, Mouton Grove, Illinois.
She explained that the Village has leased space on the North Elevated Water Tank to telecom-
munications companies for over 20 years. The Village Administrator has negotiated a lease with
Chicago SMSA Limited Partnership, d/b/a Verizon Wireless, to install, maintain, repair, and op-
erate communications equipment, antennas, and related appurtenances on the North Elevated
Water Tank and adjacent land located at 8844-8848 National Avenue for an initial term of five
years with four additional five-year extensions. The annual rent shall initially be $35,000 per year.
Rent shall increase each year thereafter during the initial term and any extension period at the
rate of three percent (3%) per annum. The installation of this equipment is dependent upon the
approval of a Special Use Amendment by the Village's Plan Commission.
Trustee Minx moved to approve Resolution 17-51, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
a.
gyp
gyg
Tr. Grear
Tr. Thill
gyp
ave
Tr. Minx
Tr. Travis
ftyp
gyp
Tr. Ramos gyp
Tr. Witko
5. Trustee Minx then presented Resolution 17-52, Appropriation of 2018 Motor Fuel Tax Funds
for the Maintenance of Streets and Highways, MFT Section 18 -00000 -00 -GM.
a. She explained that the Village receives a portion of the motor fuel tax collected by the State of
Illinois each year. These funds must be spent on the eligible improvements of roadways. The
State requires an estimate and a final statement of the maintenance expenses for each year of
the program. The total estimated expenses for the 2018 Motor Fuel Tax Program are $599,000.
Trustee Minx moved, seconded by Trustee Witko, to approve Resolution 17-52.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. ThiII
pyp
gya
Tr. Minx
Tr. Travis
ayp
gyp
Tr. Ramos
Tr. Witkogyp
yQ
9
!Minutes of December 11, 2017 Board Meeting..
XIV.
B. Trustee Minx: (continued)
TRUSTEES' REPORTS (continued)
6. Trustee Minx next presented Resolution 17-53, Authorizing the Execution of a Service
Contract Extension With Municipal GIS Partners (MGP) For Geographical Information
System Services.
a.
She explained that the Village has been a member of the GIS Consortium since 2002 to reduce
the costs of implementing GIS technology by participating in collective bargaining, group training,
joint purchasing, and development and innovation sharing. Resolution 14-57 authorized the
execution of a service contract with Municipal GIS Partners (MGP) for GIS services and included
a provision to allow for the annual renewal of the contract, the amount of which is not to exceed
$78,873.30.
Trustee Minx moved to approve Resolution 17-53, seconded by Trustee Travis.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Ayi
pit
Tr. Minx
Tr. Travis
aye
Tr. Ramos
Tr. Witko
tit
pit
7. Lastly, Trustee Minx presented Resolution 17-54, Authorizing the Execution of a Service
Contract Extension with Precision Pavement Markings, Inc. For the 2018 Pavement
Marking Program.
a.
She explained that Morton Grove and several other communities have formed a Cooperative
Procurement Program to provide pavement marking services for a three-year term (one-year
and renewal in 2017 and 2018) beginning in 2016. It is reasonable to expect the larger quantities
included in a cooperative purchase would reduce the cost of the work for each municipality.
Precision Pavement Markings, Inc. has performed the work satisfactorily in 2012 through 2016
and is available to complete this work. This project is required to comply with the Illinois
Prevailing Wage Act.
Trustee Minx said the contract is for $30,000, but since this is a unit price contract, the final
contract amount will be based on the actual quantity of work performed.
Trustee Minx moved, seconded by Trustee Grear, to approve Resolution 17-54.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Tr. Minx
Tr. Travis
pit
Tr. Ramos
Tr. Witko
8. Trustee Minx noted that last Friday, December 8, was the last day of leaf pick-up and this
Wednesday, December 13, is the last day for yard waste pick-up. She thanked everyone who
volunteers for and participates in Village events, and wished everyone a wonderful holiday
season.
10
XIV.
C. Trustee Ramos:
1. Trustee Ramos presented Resolution 17-43, Authorizing a Contractual Agreement With
BS&A Software for the License, Implementation, and Maintenance Support for Finance
Software.
Minutes of December 11 2017 Board Meeting
TRUSTEES' REPORTS (continued)
a.
He explained that the Village recognizes the need to improve its management, business process
workflow, and recordkeeping for the Finance Department. With the help of the Information
Technology Division, a Request for Proposal was prepared and vendors were invited to bid.
Following vendor presentations and demonstrations, along with subsequent staff meetings, the
Finance Department and Information Technology Division are recommending the new Finance
software be purchased from BS&A of Bath, Michigan, for a not to exceed price of $165,225. This
amount is already available in the 2017 and 2018 annual budget.
Trustee Ramos moved to approve Resolution 17-43, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thili
Aze
yQ
Tr. Minx
Tr. Travis
Tr. Ramos
Tr. Witko
gig
gyg
2. Next, Trustee Ramos introduced for a first reading Ordinance 17-36, Amending Title 3,
Chapter 3 of the Municipal Code Entitled "Law Department," Article A Entitled
"Administrative Hearing Department."
He explained that Article 3A of the Municipal Code established an Administrative Hearing De-
partment which conducts Administrative Adjudication Hearings to adjudicate violations of Village
ordinances and regulations. Corporation Counsel has recommended the following amendments:
• Allow for the appointment of additional Adjudication Hearing Officers;
• Formalize the functions of the Adjudication Hearing Administrator;
• Require persons, who after a hearing are found to be in violation of a Village Code
section to pay an Administrative Fee of not less than $50 to partially compensate the
Village for its staff time and other expenditures incurred because of the proceedings;
• Require persons who do not timely pay fines assessed by the Hearing Officer to pay the
costs incurred by the Village for the collection of the fines; and
• Allow for a process to protest a citation without a formal "in person" hearing.
a.
b.
3.
Trustee Ramos said that, as this is the first reading of this Ordinance, no action will be taken this
evening.
Trustee Ramos then presented Resolution 17-55, Authorizing a Contractual Agreement
With CDW-G to Provide For the Renewal of a Microsoft Enterprise Agreement for
Microsoft Software Licensing for Operating and Productivity Software For All Village
Desktop Computers.
a. He explained that the Village is required to maintain licensing for the software it uses in daily op-
erations. The operating system, individual applications, and connectivity to servers all maintain
their own licensing scheme.
11
Minutes of December 11, 2017 Board Meeting'.
XIV
C. Trustee Ramos: (continued)
TRUSTEES' REPORTS (continued)
The Enterprise Agreement renewal includes an annual maintenance support cost for updates
and upgrades (Microsoft Software Assurance), as well as the license costs. The licenses and
software maintenance structure was originally established in 2008. This type of agreement
licenses the enterprise as an entire fleet, as opposed to individual purchase. The Enterprise
Agreement has advantages over individual purchases including lower platform costs, distributed
payments, anniversary period renewals, and software upgrade assurances. The license pricing
is held stable for three annual renewal perios.
Trustee Ramos said that the price of $44,744 represents an 11.3% increase over the previous
cost of $39,691.60. The 2018 renewal is the first renewal period of three stable pricing periods.
This payment would cover the license and maintenance period of January 1, 2018 through
December 31 2018.
Trustee Ramos moved, seconded by Trustee Minx, to approve Resolution 17-55.
Motion passed: 6 ayes, 0 nays.
Tr. Grear Ays Tr. Minx aye Tr. Ramos ay.c.
Tr. ThilI aye Tr. Travis ave Tr. Witko aye
Trustee Ramos wished his colleagues on the Board, Village staff, and all residents the happiest
of holidays.
D. Trustee Thill:
Trustee Thiil had no formal report, but gave a shout -out to the Department Heads, because
without them, he said, the Board is nothing. He wished everyone a safe and happy holiday
season.
E. Trustee Travis:
1. Trustee Travis presented Ordinance 17-31, Requesting an Amendment to the Village of
Morton Grove 2017 Adopted Budget to Account for Expenditures From the Waukegan
Road TIF and Enterprise Fund.
a.
This is the second reading of this Ordinance.
Trustee Travis explained that the Village wishes to pay off the remaining General Obligation
Bonds on the Waukegan Road TIF to help stabilize the Village's bond rating. The Village also
needs to pay its share of the Alternative Water Source Project to the Morton Grove -Niles Water
Commission. This Ordinance will amend the 2017 Adopted Budget by adding funds to the Note
Redemption, Note Interest, and Engineering Services funds so as to accomplish both.
12
XIV. TRUSTEES' REPORTS (continued)
E. Trustee Travis: (continued)
Trustee Travis moved to adopt Ordinance 17-31, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
2.
Tr. Grear
Tr. Thill
A!L
Tr. Minx
Tr. Travis
I
Tr. Ramos
Tr. Witko
Trustee Travis wished everyone happy and safe holidays, and a happy new year.
AyA
F. Trustee Witko:
1. Trustee Witko presented Resolution 17-56, Authorizing an Agreement Between the Village
of Morton Grove and the County of DuPage in regards to Participation in the DuPage
Narcan Program.
a.
She explained that the Village recognizes that the addiction to opioids and the resultant
overdoses are a growing health and emergency service problem. The use and treatment with
Naloxone, also known as Narcan, has proven effective at reversing the effects of these types of
overdoses in emergency situations. The DuPage Narcan Program is training law enforcement
personnel on how to recognize opiod overdoses and administer the Narcan drug; and since
2014, approximately 4,000 law enforcement officers have been trained at 60 program sites
across DuPage County and the northern suburbs. To date, 239 overdose reversals have been
reported as a result of this program.
b. Trustee Witko said there will be no fiscal impact for the implementation of this program. Key
police personnel have already been trained and will be training all other Village officers in-house.
The Naloxone will be provided by the DuPage County Health Department.
Trustee Witko moved, seconded by Trustee Travis, to approve Resolution 17-56.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. ThiIIALA
a1L
Tr. Minx Aya
Tr. Travis au
Tr. Ramos
Tr. WitkoAyg
Aya
c. Deputy Chief Brian Fennelly said that DuPage County is providing training and the Narcan drug
for free; Morton Grove just has to report its statistics. He added that the Village already has a
Narcan program administered by the Fire Department, but to get the MG Police Department in-
volved, they would have needed approval by a hospital. He said that Fentanyl is killing people,
and the Police Department currently has some confiscated as evidence, so it's important to get
the evidence technicians trained and up to speed on this.
2. Trustee Witko wished everyone a happy holiday season and a wonderful 2018.
13
Minutes of December 11, 2017 Board Meeting`
XV.
XVI.
OTHER BUSINESS
NONE
WARRANTS
Trustee Travis presented the Warrant Register for December 11, 2017, in the amount of
$5,308,656.42. She moved that the Warrants be approved as presented. Trustee Thill
seconded the motion.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
Lys
Tr. Minx
Tr. Travis
Lys
Aye
XVII. RESIDENTS' COMMENTS
XVIII
Tr. Ramos as
Tr. Witko Lyre
Former Trustee John Pietron commented that Springfield legislators are holding back monies
due to municipalities, and now are charging municipalities a 2% surcharge to get the monies due
them! They've mismanaged funds for years and are trying to bail themselves out on the backs of
municipalities—who are working very hard to keep their own budgets afloat. He noted that the
State of Illinois ranks 49th out of 50 in what it owes versus what it owns, but in terms of
compensation for its legislators, it ranks #5 in the nation. Former Trustee Pietron encouraged
everyone who is unhappy about this state of affairs to call your local state legislator and let them
know this situation MUST change.
ADJOURNMENT
Trustee Thill moved to adjourn the meeting, seconded by Trustee Minx.
Motion passed: 6 ayes, 0 nays.
Tr. Grear
Tr. Thill
gyi
lyg
Tr. Minx
Tr. Travis
The meeting adjourned at 7:55 p.m.
Rig
Tr. Ramos
Tr. Witko
aye
aye
14
PASSED this 8th day of January 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 8th day of January 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 9th day of January 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Minutes of December 11, 2017, Board Meeting
Minutes by: Teresa Cousar
15
Community & Economic Development Department
Incredibly Close Amazingly Open
To: Village President and Board of Trustees
From: Steven Blonz, Chairperson, Plan Commission 1,4/
Nancy Radzevich, AICP, Community and Economic Development Director
Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner UU
Date: January 3, 2018
Re: Plan Commission Case PC17-19: Request for a Special Use Permit for
Structure over 40 ft. (Standpipe for a Water Distribution Facility), in
accordance with Section 12-4-4:E. of the Unified Development Code
(Ordinance 07-07)
Commission Report
Public Notice
The Village of Morton Grove provided Public Notice for the December 18, 2017 Plan Commission
public hearing for PC 17-19 in accordance with the Unified Development Code. The Pioneer Press
published the public notice on November 30, 2017, and the Village notified surrounding property
owners via mail on December 1, 2017 and placed a public notice sign on the subject property on
December 8, 2017.
Properly Background
The 0.96 acre subject property is located on the west side of Nagle Avenue south of Oakton Street
at the intersection of Kirk Street and Nagle Avenue and is zoned M2 General Manufacturing
District. The site had been improved with an industrial building, which was recently demolished,
The site is currently vacant. The immediate surrounding properties are all zoned M2. The
properties to the north, east and west are improved with manufacturing/industrial buildings and
the property to the south is improved with the Morton Grove Public Works Department offices and
facilities.
l0akton St Oaklon St `.
Location/Context Map
Overview of the Application
The Morton Grove -Niles Water Commission ("Water Commission") filed an application for a Special
Use for a structure over 40 feet in the M2 General Manufacturing District to allow for the
construction of a 94 ft. high (as measured to the midpoint of the roof), 7.0 million gallon standpipe
at 7900 Nagle Avenue. This structure and the associated new water pump station are part of the
new water supply system that the Villages of Morton Grove and Niles are designing to allow the
Villages to purchase and obtain water from the City of Evanston. A Water Distribution facility is a
permitted use in the M2 General Manufacturing District; the special use permit is for the increased
height for the water standpipe.
Standpipe Elevation (94 ft. to midpoint of Dome)
2
Proposed Site Plan
The water distribution facility will include a 134 ft. wide (along front, Nagle facade), 40 ft. deep,
and 22 ft. 8 inch high, 5356 sq. ft. pump station building along the front (east) side of the
property. The 7.0 million gallon cylindrical water standpipe will be 115 ft. in diameter and will be
setback 27 ft. 7 in. from the pump station building, 40 ft. from the north and west property lines,
and 23 ft. from the south property line. The standpipe structure will have a precast concrete panel
facade.
The site improvements include the construction of a 19 ft. wide access way between the pump
station and the water standpipe and 21 ft. 1 in. wide driveway access to the pump station building.
Staff has been advised by the Applicant's Civil Engineer that the access for maintenance vehicles
will be the 19 ft. wide access way between the two buildings. The driveway at the pump station
will be used, as needed, for removal and/or replacement of equipment in the pump station
building. Other than the height of the standpipe, the proposed development plan complies with all
bulk and density controls in the M2 District.
As there is no direct vehicular access to/from Nagle Avenue and the site, these driveways are
proposed to be accessed via the Public Works driveway access.
Per Section 12-7-3:I of the Unified Development Code, 1.0 space per each employee (minimum of
2.0 spaces) is required for a public utility. Since there will be no permanent staff on-site, the 7900
Nagel facility is required to have the minimum two parking spaces
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.
3
The facility will operate as an unmanned facility. Parking demand will be limited to short-term
parking of a vehicle for daily maintenance and/or up to 3 times per month for the water treatment
chemical delivery. Per the Applicant these vehicles can park temporarily on the access driveway.
Given the limited parking and trip demand, the Village waived the requirement for an independent
traffic and parking study and support the Water Commission's request to utilize the Village of
Morton Grove's Public Works access driveway for the limited vehicular access to/from this site.
December 18, 2017 Public Hearing
At the December 18, 2017 Public Hearing, Mr. Dominick Argumedo, Zoning Administrator/Land-
Use Planner, introduced the case and summarized the Plan Commission staff report dated
December 14, 2017, which was entered into the public record in its entirety.
After the completion of the staff presentation, Chairperson Blonz asked if the Plan Commission
members had any questions of staff. Commissioner Farkas inquired why electrical structures that
exceed 40 ft. along the Metra train tracks cutting through the Village's Manufacturing Districts did
not need Special Use approval. Mr. Argumedo informed the members that those electrical
structures are within the Metra right of way and as such, the Village does not have jurisdiction.
Mr. William Balling, Superintendent of the Morton Grove Niles Water Commission (Applicant and
Owner), and Mr. Larry Thomas, Senior Engineer, and Michael Colby, Wastewater Engineer -In -
Training I, both of Stanley Consultants, were sworn in.
Mr. Balling provided background on the Water Commission, which was formed in July of 2017 as a
regional water system to provide the Villages of Morton Grove and Niles their full water
requirements through purchase of water from the City of Evanston rather than the City of Chicago.
The new water distribution system will provide both Villages with greater price stability with the
same water quality. Mr. Balling explained the water will be captured from Evanston at McCormick
Boulevard and Golf Road and, based on the new system design, the water will be directed through
the Village of Skokie and Morton Grove to the 7900 Nagle Site where the water will be re -pumped
to two connection sites in Morton Grove and Niles, which will deliver water to final destinations.
Mr. Balling noted the Water Commission selected the 7900 Nagle Avenue site due to its optimal
location of both being able to service the connection sites in the two Villages and because it is
within a Manufacturing District, where it would have minimal impact on surrounding properties.
Mr. Balling then introduced Mr. Larry Thomas to speak about specifics of the proposed site plan.
Mr. Thomas noted the excess 54 ft. in height for the standpipe, above 40 ft. height limit, is needed
to provide proper pressure for distribution to the previously mentioned connection sites within
each Village. He also noted the standpipe serves as an emergency reservoir that would hold a one -
day supply of water for the two communities.
Mr. Thomas then discussed the proposed construction of the standpipe, which he advised would
conform to the American Water Works Association Construction Standards. He explained that the
concrete planks would be set first, followed by the steel membrane, which would be wrapped with
wire and then constricted — similar to fabricating a barrel. Finally, both the interior and exterior of
the standpipe would be covered in shotcrete. The dome ("roof") would be supported by the
exterior walls. He noted that hundreds of water distribution facilities around the country have been
built in this manner. With respect to the height, he stated that the Morton Grove standpipe would
not be the tallest standpipe constructed. He noted that two companies build these types of
4
facilities and that they expect the Water Commission to open bids from the companies on
December 20, 2017.
Commissioner Gabriel asked why only two companies construct this type of standpipe. He asked if
this reflected the Village limiting itself through the design. Mr. Thomas noted that there are only
two companies construct these types of standpoints due to consolidation in the industry. He
advised that the limited number of qualified companies is not dictated by the design. Instead it's
because there are very few standpipe erected. As such, it is difficult for multiple companies to stay
in business.
Commissioner Gabriel inquired about the standpipe having one -day storage capacity. He asked if
this amount of water storage is supplemental to the existing amount of water storage in Morton
Grove for emergencies or in lieu of the current water storage. Mr. Thomas stated that the
standpipe storage was supplemental to existing Morton Grove water storage. Commissioner Khan
inquired why the Village does not already have this amount of water storage. Mr. Thomas
explained that the Village will receive water from the City of Evanston through one pipe, whereas
Morton Grove currently receives water from the City of Chicago through multiple pipes. The Water
Commission decided to store additional water in the standpipe to protect in case of an emergency
based on the single point of access from the City of Evanston. Under the current delivery system
from the City of Chicago, such additional storage is not deemed necessary.
Commissioner Dorgan asked if the Village would still have a relationship with the City of Chicago
for water. Mr. Balling explained that with the contract with the City of Evanston, all water will be
purchased from Evanston, except in the case of an emergency. Mr. Balling stated the Villages have
maintained cordial relations with the City of Chicago and is currently working on an agreement
with the City of Chicago to purchase water if an emergency arises.
Commissioner Dorgan asked about the specific route the water pipe will take from Evanston. Mr.
Thomas noted that the pipe will run from Golf and McCormick Roads, near the sculpture park, and
then will be run down Foster Street, and then along Gross Pointe Road, where it run across the
Edens expressway, north of Dempster Street. From there is will be run through some residential
areas, through Morton Grove, and down to 7900 Nagle Avenue.
Commissioner Gabriel inquired if the proposed new water distribution system has been designed to
accommodate communities if they were interested in joining this Water Commission in the future.
Mr. Thomas noted that the proposed system is properly sized to meet the needs of Morton Grove
and Niles. If other communities were to join the Water Commission, they would be financially
responsible for facility upgrades.
Commissioner Shimanski inquired about the maintenance program for the standpipe. Mr. Thomas
noted that these standpipes are examined every five years with water drones. Generally,
standpipes require no interior maintenance as there is no coating on inside. He added that he
could not recall, in his 20 years of experience, a standpipe that had interior issues. The standpipes
outside coating would need to be refreshed every 10 years for purely aesthetic purposes, not from
a structural need. This type of standpipe design has been very successful since it was first
conceived in the 1960's.
Chairperson Blonz noted that he initially had concerns about this project being the highest in
Morton Grove, but staff had informed him that the existing Morton Grove water towers are 140 ft.
and 110 ft. in height. He asked, since the final contractor had not been selected, what height relief
should the Village grant to provide flexibility in final design? Mr. Thomas responded that a final
height of up to 100 ft. would suffice.
Chairperson Blonz asked if there was anyone from the audience that would like to speak. Mr. Jeff
Peterson, International Spring at 7901 Nagle Avenue, inquired about any potential disruption to
the surrounding properties during construction. Mr. Thomas noted that there would be some
disruptions to traffic during construction. Specifically, there would be periods where streets would
be one way, and/or on -street parking would be temporarily unavailable. However, he emphasized
that the Commission and Village would work with neighboring entities to ensure driveways are
open so that deliveries could be made and that traffic flow out would be accommodated.
Mr. Ralph Czerwinski, Village Administrator, asked to speak on how the Villages will work with
surrounding properties during construction of the facility. He noted that not only is it good public
service to work with surrounding business entities to make sure their facilities can operate but,
that the Village of Morton Grove itself needs access to/from their Public Works department, which
is just south of the subject property. He noted that the Villages and the Water Commission have
discussed a variety of routes and processes for the construction for the facility, but cannot finalize
any plans until a contractor is selected. He again emphasized the Villages will work with
surrounding properties to minimize any negative impact and make sure their facilities are able to
operate and provided his business card to Mr. Peterson for any additional questions or concerns.
Chairperson Blonz asked for any other comments or questions. Hearing none, he asked for a
motion. Commissioner Farkas the motion to recommend approval, as follows.
The Plan Commission recommends approval of Case #PC 17-19, a request for a Special Use Permit
for a structure over 40 ft. in height, in accordance with Section 12-4-4:E, to allow for the
construction of 100 ft. high water standpipe and associated facilities, and to establish the number
of required on-site parking spaces at zero (0) at 7900 Nagle Avenue, with the following conditions:
1. The site shall be developed and operated consistent with the plans and supporting documents
in the Application, identified in this report and/or presented at the Public Hearing, including
the following:
A. Site Plan, prepared by Stanley Consultants dated December 14, 2017
B. MGNWC Tank Elevation, prepared by Stanley Consultants, dated March 1, 2017
C. Landscape Plan, prepared by Stanley Consultants, dated December 4, 2017
D. Elevations of the Pump Station, prepared by Stanley Consultants, dated September 15,
2017
E. Grading Plan, Stanley Consultants, 11/01/2017
F. Project Rendering, Knight Engineering and Associates, November, 30, 2017
G. Easement Exhibit, Robinson Engineering, dated October 17, 2017
H. "Project Narrative", prepared by Stanley Consultants, dated November 20, 2017
2. Prior to the issuance of any building permits, the Applicant shall have filed for and successfully
executed the necessary access easement agreement with the Village of Morton Grove, shall
have recorded all executed access easement documents with the Cook County Recorder of
Deeds, and shall have provided the Village with two copies of such recorded documents.
3. Prior to the issuance of any building permits, the Applicant shall provide final site engineering
plans, for review and approval by the Village Engineer, which shall be designed in such a way
6
to ensure that the development does not result in any adverse stormwater drainage/flow
issues on the adjacent properties.
4. Prior to the issuance of any building permits, the Applicant shall provide the Village with a
Construction Management Plan, which shall include, but not be limited to: sequencing
(phasing) plan, construction fencing location(s), designated truck staging areas (on and any
proposed off-site locations within Morton Grove), material storage areas (on-site and any off-
site locations within Morton Grove), location of construction trailer(s), location of parking of all
construction vehicles — including passenger vehicles, trucks, etc., location of parking/storage
of construction equipment, and all proposed construction truck traffic routes (within Morton
Grove). Any proposed parking, truck or material staging areas located outside the Property
shall be identified and subject to approval by the Village Administrator or his designee. The
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
Applicant shall repair all damage caused by the construction traffic. Note: Notwithstanding
the 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.
5. The Applicant shall advise the Director of Community and Economic Development of any
proposed changes to the pump station and/or associated facilities that might increase the
intensity of the site function and/or would result in any increases in the size of the water
standpipe. Such changes may require an amendment to the approved special use.
Commissioner Dorgan seconded the motion. The motion passed unanimously (7-0).
7
Legislative Summary
Ordinance 18-01
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A STRUCTURE (WATER STAND
PIPE) OVER 40 FT. IN HEIGHT AT 7900 NAGLE AVENUE, MORTON GROVE, IL
Introduction:
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider or
Requirements:
January 8, 2017
To approve a special use permit for a structure over 40 ft. to allow for a water standpipe, up to 100 ft.
in height, to be constructed as part of a new water distribution facility at 7900 Nagle Avenue.
The Morton Grove -Niles Water Commission ("Commission") purchased the property at 7900 Nagle
to construct a new water distribution facility as part of the new water supply system from Evanston
to the Villages of Niles and Morton Grove. The proposed site improvements include the
construction of a pump station, a 94 ft. high (as measured to the midpoint of the roof) 7.0 million
gallon standpipe and two access driveways, which are proposed to be accessed via the adjacent
Morton Grove Public Works entrance driveway. Although a water distribution facility is a permitted
use in the M2 General Manufacturing District, a special use permit is required to allow for a water
standpipe structure to be over 4011. The Commission has stated the added height for the structure is
needed to accommodate the water volumes necessary for the new water distribution system. Per
Section 12-7-3I of the Unified Development Code, the 7900 Nagle Avenue facility is required to
have the minimum two parking spaces. The facility will operate as an unmanned facility and will
have negligible parking demand or traffic volumes beyond general maintenance of the system. The
maintenance vehicles can park on the access driveways while onsite. As part of the special use
approval process per Section 12-7-3B., the number of required onsite parking spaces can be
established by the Village Board, based on the recommendation of the Plan Commission. The Plan
Commission supported the Commission's request to set the required parking at zero spaces. In
accordance with Section 12-16-4A.2, the application was reviewed by Village departments. The
Chairperson of the Traffic Safety Commission (TSC) reviewed the application and determined the
proposal would have an insignificant negative impact and waived the full TSC review per his
authority in Section 12-16-4A.2. The Applicant made a presentation on the proposed elevations and
preliminary landscaping to the Appearance Commission on December 4, 2017, and the Commission
voted unanimously to support an Appearance Certificate for the development. Based on the
application, supporting documents, and testimony presented at the December 18, 2017, Public
Hearing, the Plan Commission voted 7-0 to recommend approval of the application with conditions.
Community and Economic Development
N/A
N/A
Community and Economic Development in the normal course of business.
Approval as presented
January 22, 2018
None
Reviewed by
Village Administrator Teresa Hoffman
Prepared by:
ty and Economic Development Director
n, orporation Counsel
Ordinance 18-01
AN ORDINANCE APPROVING A SPECIAL USE PERMIT FOR A STRUCTURE (WATER
STAND PIPE) OVER 40 FT. IN HEIGHT
AT 7900 NAGLE AVENUE, MORTON GROVE, IL
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, the Morton Grove Niles Water Commission ("Commission") purchased a 0.96 acre
parcel of land at the location commonly known as 7900 Nagle Avenue, Morton Grove, Illinois ("Subject
Property") to construct a new water distribution facility, which will be part of a new water supply
system from the City of Evanston for the Villages of Morton Grove and Niles; and
WHEREAS, the proposed unmanned Water Distribution facility will include a 5,356 sq. ft. 22 ft.
8 in. high pump station structure and an approximately 94 ft. high (as measured to the midpoint of the
roof) 7.0 million gallon standpipe; and
WHEREAS, the subject property will include an access driveway between the two structures and
a separate driveway for the pump station building, both of which are proposed to be accessed from the
adjacent Village owned Public Works facility entrance driveway; and
WHEREAS, the subject property is located in the M2 General Manufacturing District; and
WHERAS, although Water Distribution is allowed as a permitted use within the M2 District,
Section 12-4-4:E of the Unified Development Code requires a Special Use Permit for structures over 40
ft. high in the M2 District; and
WHEREAS, the Commission filed a proper application to the Plan Commission in the Village of
Morton Grove under case number PC17-19 requesting a Special Use Permit for a structure over 40 feet
to allow for the construction of a 94 ft. high, 7.0 million gallon standpipe as part of the new, unmanned,
water distribution facility at the Subject Property; and
WHEREAS, pursuant to the applicable provisions of the Municipal Code, notice of the public
hearing was duly published in the Pioneer Press, a newspaper of general circulation in the Village of
Morton Grove, on November 30, 2017, written notification sent to property owners within 250 feet of
the subject property on December 1, 2017, and signs were duly posted on the property on December 8,
2017; and
WHEREAS, the Commission has stated the additional 54 ft. of height for the standpipe structure
is necessary to accommodate the water volume needed to support the new water distribution system; and
WHEREAS, except for the height of the standpipe, the proposed structures and related site
improvements meet all the bulk and dimensional controls in the M2 District; and
WHEREAS, although two parking spaces would be required based on the Unified Development
Code "Required Spaces By Use" (Section 12-7-3I), the Commission is not proposing any designated on-
site parking spaces for the unmanned facility; and
WHEREAS, in their Application, the Commission has stated the proposed number and types of
vehicle trips to the Subject Property will be limited to one (1) daily trip for a maintenance vehicle and up
to three (3) trips per month for water treatment chemical delivery; and
WHEREAS, based on the nominal traffic volumes, the Commission believes the short-term
parking demands can be accommodated on the access driveway in lieu of providing two-designated
parking spaces; and
WHEREAS, per the Unified Development Code (Section 12-7-3:B), the proposed parking
standards identified in the code as "Required Spaces By Use" shall be advisory only for Special Use
applications, and the final number of required parking spaces for Special Use Permits will be set by the
Village Board based on the submitted, independent traffic and parking study and any recommendations
by the Traffic Safety and Plan Commissions and/or staff; and
WHEREAS, given the limited parking demand, the Village waived the requirement for an
independent traffic and parking study; and
WHEREAS, based on the negligible traffic volumes associated with the proposed use, the
Village supports the Commission's request to share an access driveway and has agreed to grant an
access easement to the Commission; and
WHEREAS, the Chairperson of the Traffic Safety Commission (TSC) reviewed the application
and determined the proposal would have an insignificant negative impact and waived the full TSC
review per authority in Section 12-16-4A.2; and
WHEREAS, the Applicant made a presentation on the proposed elevations and preliminary
landscaping to the Appearance Commission on December 4, 2017, and the Commission voted
unanimously to support an Appearance Certificate for the development.; and
WHEREAS, as required by ordinance, the Morton Grove Plan Commission held a Public
Hearing relative to the above referenced case, on December 18, 2017, Public Hearing, at which all
concerned parties were given the opportunity to be present and express their views for the consideration
by the Plan Commission; and
WHEREAS, as a result of said public hearing, the Plan Commission made certain
recommendations and conditions through a report dated January 3, 2018, a copy of which is attached
hereto and made a part hereof and marked as Exhibit "A" including recommending allowing the height
of the standpipe to be up to 100 ft. to accommodate future design flexibility and supported the request to
set the number of required on-site parking at zero (0) spaces; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find
pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, this
Special Use for a structure over 40 ft. to allow for a standpipe up to 100 ft. in height for a Water
Distribution facility, with zero (0) on-site parking spaces, at 7900 Nagle Avenue shall be issued subject
to the conditions and restrictions as set 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 7900 Nagle Avenue is granted a Special Use Permit for a
structure over 40 ft. in height, in accordance with Section 12-4-4:E, to allow for the construction of a
water standpipe, up to 100 ft. in height, and associated facilities and site improvements, and establish the
number of required on-site parking at zero (0) spaces, in accordance with Section 12-7-3:B, subject to
the following conditions and restrictions which shall be binding on the owners/lessees, occupants and
users of this property, their successors and assigns for the duration of the special use:
1. The site shall be developed and operated consistent with the plans and supporting documents in
the application, identified in this report and/or presented at the Public Hearing, including the
following:
A. Site Plan, prepared by Stanley Consultants dated December 14, 2017
B. MGNWC Tank Elevation, prepared by Stanley Consultants, dated March 1, 2017
C. Landscape Plan, prepared by Stanley Consultants, dated December 4, 2017
D. Elevations of the Pump Station, prepared by Stanley Consultants, dated September 15,
2017
E. Grading Plan, Stanley Consultants, November 1, 2017
F. Project Rendering, Knight Engineering and Associates, November, 30, 2017
G. Easement Exhibit, Robinson Engineering, dated October 17, 2017
H. "Project Narrative", prepared by Stanley Consultants, dated November 20, 2017
2. Prior to the issuance of any building permits, the Commission shall have filed for and have
successfully executed the necessary access easement agreement with the Village of Morton
Grove, shall have recorded all access easement documents with the Cook County Recorder of
Deeds, and shall have provided the Village with two copies of such recorded documents.
3. Prior to the issuance of any building permits, the Commission shall provide final site engineering
plans, for review and approval by the Village Engineer, which shall be designed in such a way to
ensure the development does not result in any adverse stormwater drainage/flow issues on the
adjacent properties.
4. Prior to the issuance of any building permits, the Commission shall provide the Village with a
Construction Management Plan, which shall include, but not be limited to: sequencing (phasing)
plan, construction fencing location(s), designated truck staging areas (on and any proposed off-
site locations within Morton Grove), material storage area (on-site and any off-site locations
within Morton Grove), location of construction trailer(s), location of parking of all construction
vehicles — including passenger vehicles, trucks, etc., location of parking/storage of construction
equipment, and all proposed construction truck traffic routes (within Morton Grove). Any
proposed parking, truck or material staging areas located outside the Subject Property shall be
identified and subject to approval by the Village Administrator or his designee. The plan shall
include the proposed methods by which the Commission will keep all routes used for
construction traffic free and clear of mud, dirt, debris, obstructions, and hazards. The
Commission shall repair all damage caused by the construction traffic. Note: Notwithstanding
the plan, the Village may designate alternate routes of access to the Subject Property for
construction traffic to protect pedestrians and to minimize disruption of traffic and damage to
paved street surfaces; provided, however, the designated routes shall not unduly hinder or
obstruct direct and efficient access to the Subject Property for construction traffic.
5. The Commission shall advise the Director of Community and Economic Development of any
proposed changes to the pump station and/or associated facilities that might increase the intensity
of the site function and/or would result in any increases in the size of the water standpipe. Such
changes may require an amendment to the approved special use.
SECTION 3: 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 4: 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 5: The Commission shall comply with all requirements of the Village of Morton
Grove Ordinances and Codes that are applicable.
SECTION 6: 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 22t day of January 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Travis
Trustee Thill
Trustee Witko
APPROVED by me this 22"d day of January 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
22' day of January 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
Community 6i Economic Development Department
MORTON PROVE
Incredibly Close 4 Amazingly Open
To: Village President and Board of Trustees
From: Steven Blonz, Chairperson, Plan Commission �' ,n
Nancy Radzevich, AICP, Community and Economic Development Directors
Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner U
Date: January 3, 2018
Re: Plan Commission Case PC17-19: Request for a Special Use Permit for
Structure over 40 ft. (Standpipe for a Water Distribution Facility), in
accordance with Section 12-4-4:E. of the Unified Development Code
(Ordinance 07-07)
Commission Report
Public Notice
The Village of Morton Grove provided Public Notice for the December 18, 2017 Plan Commission
public hearing for PC 17-19 in accordance with the Unified Development Code. The Pioneer Press
published the public notice on November 30, 2017, and the Village notified surrounding property
owners via mail on December 1, 2017 and placed a public notice sign on the subject property on
December 8, 2017.
Property Background
The 0.96 acre subject property is located on the west side of Nagle Avenue south of Oakton Street
at the intersection of Kirk Street and Nagle Avenue and is zoned M2 General Manufacturing
District. The site had been improved with an industrial building, which was recently demolished.
The site is currently vacant. The immediate surrounding properties are all zoned M2. The
properties to the north, east and west are improved with manufacturing/industrial buildings and
the property to the south is improved with the Morton Grove Public Works Department offices and
facilities.
Oakton St - Oakfon St Oaklon
Location/Context Map
Overview of the Application
The Morton Grove -Niles Water Commission ("Water Commission") filed an application for a Special
Use for a structure over 40 feet in the M2 General Manufacturing District to allow for the
construction of a 94 ft. high (as measured to the midpoint of the roof), 7.0 million gallon standpipe
at 7900 Nagle Avenue. This structure and the associated new water pump station are part of the
new water supply system that the Villages of Morton Grove and Niles are designing to allow the
Villages to purchase and obtain water from the City of Evanston. A Water Distribution facility is a
permitted use in the M2 General Manufacturing District; the special use permit is for the increased
height for the water standpipe.
Mge
----° F., yam poop
Standpipe Elevation (94 ft. to midpoint of Dome)
2
.,...
.n,. ,..
----° F., yam poop
Standpipe Elevation (94 ft. to midpoint of Dome)
2
Proposed Site Plan
The water distribution facility will include a 134 ft. wide (along front, Nagle facade), 40 ft. deep,
and 22 ft. 8 inch high, 5356 sq. ft. pump station building along the front (east) side of the
property. The 7.0 million gallon cylindrical water standpipe will be 115 ft. in diameter and will be
setback 27 ft. 7 in. from the pump station building, 40 ft. from the north and west property lines,
and 23 ft. from the south property line. The standpipe structure will have a precast concrete panel
facade.
The site improvements include the construction of a 19 ft. wide access way between the pump
station and the water standpipe and 21 ft. 1 in. wide driveway access to the pump station building.
Staff has been advised by the Applicant's Civil Engineer that the access for maintenance vehicles
will be the 19 ft. wide access way between the two buildings. The driveway at the pump station
will be used, as needed, for removal and/or replacement of equipment in the pump station
building. Other than the height of the standpipe, the proposed development plan complies with all
bulk and density controls in the M2 District.
As there is no direct vehicular access to/from Nagle Avenue and the site, these driveways are
proposed to be accessed via the Public Works driveway access.
Per Section 12-7-3:I of the Unified Development Code, 1.0 space per each employee (minimum of
2.0 spaces) is required for a public utility. Since there will be no permanent staff on-site, the 7900
Nagel facility is required to have the minimum two parking spaces
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.
3
The facility will operate as an unmanned facility. Parking demand will be limited to short-term
parking of a vehicle for daily maintenance and/or up to 3 times per month for the water treatment
chemical delivery. Per the Applicant these vehicles can park temporarily on the access driveway.
Given the limited parking and trip demand, the Village waived the requirement for an independent
traffic and parking study and support the Water Commission's request to utilize the Village of
Morton Grove's Public Works access driveway for the limited vehicular access to/from this site.
December 18, 2017 Public Hearing
At the December 18, 2017 Public Hearing, Mr. Dominick Argumedo, Zoning Administrator/Land-
Use Planner, introduced the case and summarized the Plan Commission staff report dated
December 14, 2017, which was entered into the public record in its entirety.
After the completion of the staff presentation, Chairperson Blonz asked if the Plan Commission
members had any questions of staff. Commissioner Farkas inquired why electrical structures that
exceed 40 ft. along the Metra train tracks cutting through the Village's Manufacturing Districts did
not need Special Use approval. Mr. Argumedo informed the members that those electrical
structures are within the Metra right of way and as such, the Village does not have jurisdiction.
Mr. William Balling, Superintendent of the Morton Grove Niles Water Commission (Applicant and
Owner), and Mr. Larry Thomas, Senior Engineer, and Michael Colby, Wastewater Engineer -In -
Training I, both of Stanley Consultants, were sworn in.
Mr. Balling provided background on the Water Commission, which was formed in July of 2017 as a
regional water system to provide the Villages of Morton Grove and Niles their full water
requirements through purchase of water from the City of Evanston rather than the City of Chicago.
The new water distribution system will provide both Villages with greater price stability with the
same water quality. Mr. Balling explained the water will be captured from Evanston at McCormick
Boulevard and Golf Road and, based on the new system design, the water will be directed through
the Village of Skokie and Morton Grove to the 7900 Nagle Site where the water will be re -pumped
to two connection sites in Morton Grove and Niles, which will deliver water to final destinations.
Mr. Balling noted the Water Commission selected the 7900 Nagle Avenue site due to its optimal
location of both being able to service the connection sites in the two Villages and because it is
within a Manufacturing District, where it would have minimal impact on surrounding properties.
Mr. Balling then introduced Mr. Larry Thomas to speak about specifics of the proposed site plan.
Mr. Thomas noted the excess 54 ft. in height for the standpipe, above 40 ft. height limit, is needed
to provide proper pressure for distribution to the previously mentioned connection sites within
each Village. He also noted the standpipe serves as an emergency reservoir that would hold a one -
day supply of water for the two communities.
Mr. Thomas then discussed the proposed construction of the standpipe, which he advised would
conform to the American Water Works Association Construction Standards. He explained that the
concrete planks would be set first, followed by the steel membrane, which would be wrapped with
wire and then constricted — similar to fabricating a barrel. Finally, both the interior and exterior of
the standpipe would be covered in shotcrete. The dome ("roof") would be supported by the
exterior walls. He noted that hundreds of water distribution facilities around the country have been
built in this manner. With respect to the height, he stated that the Morton Grove standpipe would
not be the tallest standpipe constructed. He noted that two companies build these types of
4
facilities and that they expect the Water Commission to open bids from the companies on
December 20, 2017.
Commissioner Gabriel asked why only two companies construct this type of standpipe. He asked if
this reflected the Village limiting itself through the design. Mr. Thomas noted that there are only
two companies construct these types of standpoints due to consolidation in the industry. He
advised that the limited number of qualified companies is not dictated by the design. Instead it's
because there are very few standpipe erected. As such, it is difficult for multiple companies to stay
in business.
Commissioner Gabriel inquired about the standpipe having one -day storage capacity. He asked if
this amount of water storage is supplemental to the existing amount of water storage in Morton
Grove for emergencies or in lieu of the current water storage. Mr. Thomas stated that the
standpipe storage was supplemental to existing Morton Grove water storage. Commissioner Khan
inquired why the Village does not already have this amount of water storage. Mr. Thomas
explained that the Village will receive water from the City of Evanston through one pipe, whereas
Morton Grove currently receives water from the City of Chicago through multiple pipes. The Water
Commission decided to store additional water in the standpipe to protect in case of an emergency
based on the single point of access from the City of Evanston. Under the current delivery system
from the City of Chicago, such additional storage is not deemed necessary.
Commissioner Dorgan asked if the Village would still have a relationship with the City of Chicago
for water. Mr. Balling explained that with the contract with the City of Evanston, all water will be
purchased from Evanston, except in the case of an emergency. Mr. Balling stated the Villages have
maintained cordial relations with the City of Chicago and is currently working on an agreement
with the City of Chicago to purchase water if an emergency arises.
Commissioner Dorgan asked about the specific route the water pipe will take from Evanston. Mr.
Thomas noted that the pipe will run from Golf and McCormick Roads, near the sculpture park, and
then will be run down Foster Street, and then along Gross Pointe Road, where it run across the
Edens expressway, north of Dempster Street. From there is will be run through some residential
areas, through Morton Grove, and down to 7900 Nagle Avenue.
Commissioner Gabriel inquired if the proposed new water distribution system has been designed to
accommodate communities if they were interested in joining this Water Commission in the future.
Mr. Thomas noted that the proposed system is properly sized to meet the needs of Morton Grove
and Niles. If other communities were to join the Water Commission, they would be financially
responsible for facility upgrades.
Commissioner Shimanski inquired about the maintenance program for the standpipe. Mr. Thomas
noted that these standpipes are examined every five years with water drones. Generally,
standpipes require no interior maintenance as there is no coating on inside. He added that he
could not recall, in his 20 years of experience, a standpipe that had interior issues. The standpipes
outside coating would need to be refreshed every 10 years for purely aesthetic purposes, not from
a structural need. This type of standpipe design has been very successful since it was first
conceived in the 1960's.
Chairperson Blonz noted that he initially had concerns about this project being the highest in
Morton Grove, but staff had informed him that the existing Morton Grove water towers are 140 ft.
and 110 ft. in height. He asked, since the final contractor had not been selected, what height relief
5
should the Village grant to provide flexibility in final design? Mr. Thomas responded that a final
height of up to 100 ft. would suffice.
Chairperson Blonz asked if there was anyone from the audience that would like to speak. Mr. Jeff
Peterson, International Spring at 7901 Nagle Avenue, inquired about any potential disruption to
the surrounding properties during construction. Mr. Thomas noted that there would be some
disruptions to traffic during construction. Specifically, there would be periods where streets would
be one way, and/or on -street parking would be temporarily unavailable. However, he emphasized
that the Commission and Village would work with neighboring entities to ensure driveways are
open so that deliveries could be made and that traffic flow out would be accommodated.
Mr. Ralph Czerwinski, Village Administrator, asked to speak on how the Villages will work with
surrounding properties during construction of the facility. He noted that not only is it good public
service to work with surrounding business entities to make sure their facilities can operate but,
that the Village of Morton Grove itself needs access to/from their Public Works department, which
is just south of the subject property. He noted that the Villages and the Water Commission have
discussed a variety of routes and processes for the construction for the facility, but cannot finalize
any plans until a contractor is selected. He again emphasized the Villages will work with
surrounding properties to minimize any negative impact and make sure their facilities are able to
operate and provided his business card to Mr. Peterson for any additional questions or concerns.
Chairperson Blonz asked for any other comments or questions. Hearing none, he asked for a
motion. Commissioner Farkas the motion to recommend approval, as follows.
The Plan Commission recommends approval of Case #PC 17-19, a request for a Special Use Permit
for a structure over 40 ft. in height, in accordance with Section 12-4-4:E, to allow for the
construction of 100 ft. high water standpipe and associated facilities, and to establish the number
of required on-site parking spaces at zero (0) at 7900 Nagle Avenue, with the following conditions:
1. The site shall be developed and operated consistent with the plans and supporting documents
in the Application, identified in this report and/or presented at the Public Hearing, including
the following:
A. Site Plan, prepared by Stanley Consultants dated December 14, 2017
B. MGNWC Tank Elevation, prepared by Stanley Consultants, dated March 1, 2017
C. Landscape Plan, prepared by Stanley Consultants, dated December 4, 2017
D. Elevations of the Pump Station, prepared by Stanley Consultants, dated September 15,
2017
E. Grading Plan, Stanley Consultants, 11/01/2017
F. Project Rendering, Knight Engineering and Associates, November, 30, 2017
G. Easement Exhibit, Robinson Engineering, dated October 17, 2017
H. "Project Narrative", prepared by Stanley Consultants, dated November 20, 2017
2. Prior to the issuance of any building permits, the Applicant shall have filed for and successfully
executed the necessary access easement agreement with the Village of Morton Grove, shall
have recorded all executed access easement documents with the Cook County Recorder of
Deeds, and shall have provided the Village with two copies of such recorded documents.
3. Prior to the issuance of any building permits, the Applicant shall provide final site engineering
plans, for review and approval by the Village Engineer, which shall be designed in such a way
6
to ensure that the development does not result in any adverse stormwater drainage/flow
issues on the adjacent properties.
4. Prior to the issuance of any building permits, the Applicant shall provide the Village with a
Construction Management Plan, which shall include, but not be limited to: sequencing
(phasing) plan, construction fencing location(s), designated truck staging areas (on and any
proposed off-site locations within Morton Grove), material storage areas (on-site and any off-
site locations within Morton Grove), location of construction trailer(s), location of parking of all
construction vehicles — including passenger vehicles, trucks, etc., location of parking/storage
of construction equipment, and all proposed construction truck traffic routes (within Morton
Grove). Any proposed parking, truck or material staging areas located outside the Property
shall be identified and subject to approval by the Village Administrator or his designee. The
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
Applicant shall repair all damage caused by the construction traffic. Note: Notwithstanding
the 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.
5. The Applicant shall advise the Director of Community and Economic Development of any
proposed changes to the pump station and/or associated facilities that might increase the
intensity of the site function and/or would result in any increases in the size of the water
standpipe. Such changes may require an amendment to the approved special use.
Commissioner Dorgan seconded the motion. The motion passed unanimously (7-0).
7
Legislative Summary
Resolution 18-01
Introduced:
Purpose:
Background:
AUTHORIZING THE EXECUTION OF A CONTRACT
WITH CLEAR CUT TREE SERVICE, INC.
FOR THE 2018 TREE TRIMMING PROGRAM
January 8, 2018
To authorize the Village President to execute a contract renewal with
Landscape Concepts Management, Inc. for the 2018 Tree Trimming
Program.
The Village has an annual program, dependent on funding appropriations, to
trim trees within the Village's right-of-ways and property. The Public Works
Department considers it to be cost-effective to hire a contractor to trim the
trees. This contract was bid through a public process in accordance with
Village Code.
The low bidder is Clear Cut Tree Service, Inc. Three bids were received and
all bids exceeded the Engineer's Estimate and available funding. Village staff
verified the qualifications of Clear Cut Tree Service. The contract documents
allow the Village to delete work from the contract. Clear Cut Tree Service
expressed their willingness to reduce the scope of work to meet the Village's
available funding. A practical scope of work that meets the Village's funding
is $36,775. The contract documents include a one-year term and allows
renewal in 2019 and 2020.
Programs, Departments Public Works.
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
The estimated contract value is $36,775. Since this is a unit price contract,
the final contract amount will be based on the actual quantity of work
performed.
Account #025017 -552250 -Tree Trimming
The Public Works Department as part of their normal work activities
performs the management and implementation of the program.
Approval as presented.
N/A
Special Considerations or None
Requirements:
Respectfully submitted: j / is Review- .y: � ?. /PAWS,.
R.lph . Czerwins illage Administrator
Lei
-
Prepared by t Reviewed by:
Chris Tomich, Village Engineer Teresa offman Liston, Corporation Counsel
onte, Directo
Public Works
Resolution 18-01
AUTHORIZATION TO EXECUTE A CONTRACT
WITH CLEAR CUT TREE SERVICE, INC. FOR THE 2018 TREE TRIMMING 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 2018 Tree Trimming Program is necessary to maintain the health and appearance
of trees as well as to maintain safety for the public within the Village's rights -of -ways and properties; and
WHEREAS, the Public Works Department advertised on the Village's website from December 7,
2017, through December 21, 2017, and by fax distribution to a list of tree trimming contractors inviting
bids on "2018 Tree Trimming Program"; and
WHEREAS, eighteen (18) businesses obtained the bidding materials; and
WHEREAS, three (3) bids were received, publicly opened and read at the Public Works Facility at
10:00 am on Thursday, December 21, 2017, with the tabulation of bids included in Exhibit "A"; and
WHEREAS, the low bidder is Clear Cut Tree Service, Inc. of Grayslake, Illinois with a bid of
$73,925.00; and
WHEREAS, the low bid amount exceeds the engineer's estimate of cost by $27,635.00 as well as
the amount of available funding; and
WHEREAS, the qualifications of Clear Cut Tree Service, Inc. were checked and found to be
acceptable; and
WHEREAS, the contract documents include a provision allowing the Village to reduce the
amount of work included in the contract; and
WHEREAS, Clear Cut Tree Service, Inc. is agreeable to reducing the amount of work in the
contract; and
WHEREAS, a practical reduction of the trees to be trimmed results in an adjusted contract amount
of $36,775.00; and
WHEREAS, the contract includes a one-year term and an option to renew the contract in 2019 and
2020; and
WHEREAS, funding for the above work in the amount of $45,000 is included in the Village of
Morton Grove 2018 Adopted Budget as account number 025017-552250, Tree Trimming.
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 Clear Cut Tree Service, Inc. in the amount
of $73,925.00.
Section 3. The Corporate Authorities accept the recommendation of the Public Works Department
to reduce the number of trees to be trimmed in 2018 Tree Trimming Program.
Section 4. The Village President of the Village of Morton Grove is hereby authorized to execute
and the Village Clerk to attest to a contract with Clear Cut Tree Service, Inc., 31745 North Alleghany
Road, Grayslake, Illinois, based upon their bid for the "2018 Tree Trimming Program" and the reduced
number of trees for an adjusted contract amount of $36,775.00.
Section 3. 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 4. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 8th DAY OF JANUARY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 8th DAY OF JANUARY 2018
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9`h DAY OF JANUARY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
EXHIBIT "A"
TREES "R" US, INC.
P.O. BOX 6014
WAUCONDA, ILLINOIS 60084
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CLEAR CUT TREE SERVICE, INC.
31064 N. IL ROUTE 83
GRAYSLAKE, ILLINOIS 60030
ITEM COST
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WINKLERS TREE SERVICE, INC.
P.O. BOX 1154
CI Y,STATEZIP
ITEM COST
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Engineer's Estimate
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CORRECTED TOTAL PROPOSAL AMOUNT
AS -READ PROPOSAL AMO
1
111
PAY ITEM DESCRIPTION
6U
b
89
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as
11
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.7
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TREE TRIMMING (26 T036 INCH DIAMETER)
TREE TRIMMING (OVER 36 INCH DIAMETER)
6
ry
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e
_
kA
Legislative Summary
Resolution 18-02
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
CONCENTRIC INTEGRATION FOR PHASE I
SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM IMPROVEMENTS
FOR THE WATER DISTRIBUTION SCADA SYSTEM
Introduced: January 8,2018
Purpose:
Background:
Programs, Departs
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommend:
Second Reading:
Special Consider
or Requirements:
Respectfully submitted:
Ralph
To authorize the Village President to execute a professional services agreement with
Concentric Integration of Crystal Lake, Illinois to improve the Morton Grove water system
Supervisory Control and Data Acquisition System (SCADA).
The existing SCADA system was originally installed in 1993 and since 1993, updates to a now
outdated software and upgrading of certain hardware items have been made to sustain limited
SCADA operations. On July 15, 2016, operations staff determined it was time to perform
major upgrades to the existing SCADA system and implemented a Request For Qualifications
(RFQ) process for consulting integration firms for SCADA Design, Build and Maintenance.
Public Works interviewed three (3) selected firms. Village staff selected the firm of Concentric
Integration of Crystal Lake, Illinois as the Village's Water SCADA Consultant based on their
appropriate staff size, 24-hour maintenance service response ability, superior project
understanding. On December 1, 2017, our SCADA consultant Concentric Integration
completed a SCADA System Assessment (Exhibit "A") which consisted of studying and
evaluating the existing SCADA system. Recommendations for improvements to the water
distribution SCADA system were reviewed by operations staff and discussed over several
meetings with Concentric Integration. The improvements totaled approximately $310,000.
The water operations staff determined it was in the best interest of the Village to phase in the
improvements over the next four (4) years, performing the phases on a priority format. The
Phase I Proposal (Exhibit "B") from Concentric Integration details five (5) vital improvements
that must be completed in the first half of 2018 in order to meet the Morton Grove/Niles Water
Commission (MGNWC) construction schedule. Concentric Integration has had several
meeting with the (MGNWC) SCADA consultants in order to properly interface the
communications between the proposed MGNWC Booster Pump Stations and Morton Grove's
existing North and South Pumping Stations in the second half of 2018.
Public Works Department, Fire Department, Morton Grove/Niles Water Commission, Morton
Grove Residents and Businesses.
Phase I SCADA Improvements is in the Lump Sum amount of $122,600
Account #405033-562020-SCADA System Improvements
This program is done as part of the normal operations of the Public Works Department.
Approval as presented.
Not required.
Concentric Integration is the Village's full service Supervisory Control and Data Acquisition
IA) Consultant
ge Administrator
Re
ed By
onte, Director Pub
Reviewed by:
ssistant Director of Public Works
is Works
Teresa off. an Liston, Corporation Counsel
RESOLUTION 18-02
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
CONCENTRIC INTEGRATION FOR PHASE I
SUPERVISORY CONTROL AND DATA ACQUISTION (SCADA) SYSTEM
IMPROVEMENTS FOR THE WATER DISTRIBUTION SCADA SYSTEM
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois,
can exercise any power and perform any function pertaining to its government affairs, including but not
limited to the power to tax and incur debt; and
WHEREAS, a reliable Supervisory Control and Data Acquisition (SCADA) system is an
essential tool for providing safe and reliable water distribution for the Village of Morton Grove; and
WHEREAS, the existing SCADA system was originally installed in 1993; and
WHEREAS, since 1993, updates to a now outdated software and upgrading of certain hardware
items have been made to sustain limited SCADA operations; and
WHEREAS, on July 15, 2016, Public Works staff implemented a Request For Qualifications
(RFQ) process for consulting integration firms for SCADA Design, Build and Maintenance; and
WHEREAS, the Village reviewed the statements of qualifications and selected three firms for
formal interviews; and
WHEREAS, after interviewing the three selected firms, Village staff selected the firm of
Concentric Integration of Crystal Lake, Illinois as the Village's Water SCADA Consultant based on their
appropriate staff size, 24-hour maintenance service response ability, superior project understanding,
superior project approach, high likelihood to fully integrate with our water system operators, ability and
experience to analyze the existing SCADA system, design and install required software and hardware
upgrades, and maintain the existing SCADA system; and
WHEREAS, on December 1, 2017, Concentric Integration completed a SCADA System
Assessment (Exhibit A) which consisted of studying and evaluating the existing SCADA system approved
under Purchase Order No. 47554 in the lump sum amount of $19,750.00; and
WHEREAS, recommendations for improvements to the water distribution SCADA system were
reviewed by operations staff and discussed over several meetings with Concentric Integration; and
WHEREAS, operations staff determined it was in the best interest of the Village to phase in the
improvements over the next four (4) years, performing the phases on a priority format; and
WHEREAS, the Phase I Proposal (Exhibit B) from Concentric Integration details five (5) vital
improvements that must be completed in the first half of 2018 in order to meet the Morton Grove/Niles
Water Commission (MGNWC) construction schedule; and
WHEREAS, Concentric Integration has had several meeting with the Morton Grove/Niles Water
Commission (MGNWC) SCADA consultants in order to properly interface the communications between
the proposed MGNWC Booster Pump Stations and Morton Grove's existing North and South Pumping
Stations in the second half of 2018; and
WHEREAS, the total cost of the Phase I SCADA Improvements is in the Lump Sum amount of
$122,600; and
WHEREAS, funds for the SCADA Improvements are in the adopted 2018 Village Budget in
Account Number 405033-572020.
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 an
agreement with Concentric Integration, of Crystal Lake, Illinois for Phase I SCADA System
Improvements.
Section 3. This Resolution shall be in full force and effect upon its passage and approval.
PASSED THIS 8'h DAY OF JANUARY 2018
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED BY ME THIS 8th DAY OF JANUARY 2018
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9th DAY OF JANUARY 2018
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
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CONCENTRIC
INTEGRATION
January 2, 2018
EXHIBIT B
Mr. Joe Dahm
Public Works Division Superintendent Sewer/Water
Village of Morton Grove
7840 North Nagle Avenue
Morton Grove, IL 60053
Subject SCADA System Improvements - Phase 1
Concentric Project Number. 160810.50 Rev 1
Dear Mr. Dahm:
Concentric Integration recently completed a Supervisory Control and Data Acquisition
SCADA System Assessment which consisted of evaluating the Village's existing SCADA
system and making recommendations for Improvement. Based on the assessment report and
discussions with the Village. this proposal will provide the first phase of the SCADA system
improvements. This project will Include replacing the obsolete SCADA server, upgrading the
remote site communication Infrastructure to eliminate costly leased phone lines, provide
Improved alarm management, as well as Improved SCADA security and disaster recovery_
Scope of Services
Equipment
Concentric Integration will provide the fp/mwing equipment for the SCADA Infrastr+rrtitre
Improvements at the North Pump Station;
e Dell PowerEdge R430 (or equal) rack -mount virtual host server with the following
requirements (to be mounted in network equipment rack):
• Two (2) Intel Xeon E5-2660 processors.
• Two (2) 32GB RDIMM (64GB total memory).
• Three (3) 960GB solid state SATA hard disk drives. configured in RAID 5
redundancy.
• Two (2) network cards.
• One (1) iDRACS enterprise remote access controller.
• Dual. Hot -plug power supplies.
• Three-year Mission Critical warranty, with 4hr on-site service.
&67R R;dggiiaid rid Oystai LI , IL 60012 • g1S-788.3600 « wenn g-Dsnncntanrr. oro
CONCENTRIC
INTEGRATION
• Microsoft Windows Server operating system.
• Microsoft Office Pro.
® Dell OptiPlex 7040 (or equal) workstation (SCADA Client Node) with the following
requirements:
• One (1) Intel Core 17 processor.
• One (1)16GB memory (DDR4 SDRAMM).
• One (1) 256GB solid state hard drive.
• On board network and video adapters.
• One (1) DVD Writer.
• Three-year warranty, with next business day service.
• Microsoft Windows 10 Pro operating system.
• One (1) 24" LED Monitor.
• One (1) APC 1500VA uninterruptible power supply (UPS), SmartUPS Series (or
equal).
• Microsoft Office Pro.
• Dell Latitude 5480 (or equal) backup computer with the following requirements:
• One (1) Intel Core i7 processor.
• One (1) 8GB memory (DDR4 SDRAMM).
• One (1) 256GB solid state hard drive.
• On board network and video adapters.
• Three-year warranty, with next business day service
• Microsoft Windows 10 Pro operating system
▪ SCADA Software licensing as follows:
• Wonderware Development Studio Upgrade for existing S/N 460018 (for
SCADA Server).
• Wonderware InTouch Runtime license without I/O (for SCADA client).
• WIN -911 alarm software with Mobile -911 for up to 10 devices.
• One year of support for software licenses.
® Network equipment rack as follows:
• One (1) Tripp -Lite Model SR24UBFFD (or equal) enclosed ventilated rack for
Protect # 160810.50 Rev 1 Page No. 2
CONCENTRIC
INTEGRATIO N
harsh environments, with 241) rack space.
• One (1) HP Model 2530-24G, 24 -port network switch.
• One (1) Cisco ASA5506H hardened firewall.
• One (1) QNAP TS -463U Network Attached Storage (NAS) backup device with
two (2) 2TB hard drives and backup software.
• One (1)12 -port Cat6 patch panel.
• One (1) 6 -outlet power distribution unit.
• One (1) 2.2kVA double conversion UPS.
• One (1) 22" LED monitor, keyboard and mouse.
• Other rack accessories such as shelf, cable management, mounting hardware,
etc. as required.
Concentric integration will provide the following eauioment for the communication system
upgrade at the five water system facilities:
▪ Five (5) Cisco IR809 (or equal) cellular routers with mounting kit, antenna, and
SMARTnet support for 1 year.
• Five (5) 24VDC power supplies for the cellular routers.
Labor
Proiect Management
▪ Plan, schedule, and coordinate the activities that must be performed to complete
the Project.
• Coordinate with Verizon for the design of the private cellular network.
Design
▪ Provide design services for the following, with final deliverables consisting of a
detailed network diagram and modified control panel wiring schematics:
• Upgrade the existing SCADA server with new virtualized server environment
using server/client architecture.
• Deploy a cellular communication system on the Verizon Private Wireless
network to replace the existing phone line communication system.
Project # 160810 50 Rev 1
Page No. 3
CONCENTRIC
INTEGRATION
Programming
• Configure the Virtual Host server with the following virtual servers:
• SCADA Server.
• Mobile -911 Alarming Server.
• Migrate the existing Wonderware application to the new version of Wonderware
and load on the new server and SCADA client. Develop new system overview
graphic to display key water system information on one screen. All other SCADA
graphic functionality to remain as is.
▪ Configure SCADA client to allow operator access to the SCADA application.
Configure backup laptop to be used as temporary SCADA server if the server were
to fail.
• Provide configuration of Mobile -911 alarming software to allow remote alarm
notification using native smart -phone app.
• Configure firewall to allow SCADA system to have limited connection to the Village
network for Windows Active Directory integration and provide ability to apply anti-
virus and Windows security updates regularly.
• Configure NAS and backup software to automatically back up SCADA server
regularly for disaster recovery.
• Configure cellular routers and existing PLCs to allow communication using the
cellular communication system in lieu of the existing phone -based communication
system.
installation and Testing
• Install equipment network rack at North Pump Station and provide power and
network wiring as required. The proposed location of the network rack is in the
west garage area of the facility.
• Install server and all other network components in network rack.
• Install cellular routers in existing SCADA control panels to replace the existing
phone modems.
• Provide testing to ensure SCADA server, alarming, networking, backup, and
communication system operate as designed.
Project # 160810.50 Rev 1 Page No. 4
Caril
CONCENTRIC
INTEGRATION
Concentric Assumptions / Owner Responsibilities
▪ Owner will provide site access for installation, programming, and startup on normal
business days between 7:00 am and 3:30 pm. Work past 3:30 pm can be agreed
upon as needed, provided Concentric can secure the site(s) upon departure.
• Owner understands that all existing equipment to remain is assumed to be in good,
working order. In the event that any other equipment does not perform as -
expected, Concentric will work with the Owner to repair, as -needed, under a
separate contract.
• Owner will dispose of/recycle any removed equipment.
Annual Support
This project will add additional hardware and software to the Owner, some of which has
support or maintenance associated with it. Concentric recommends the Owner maintain any
applicable support agreements once the initial support/warranty periods expire. On this
project, we have included the following support agreements, that all begin approximately at
the date the product is shipped (not necessarily the date it is onsite) and last for periods
varying from one year to three years.
Following is the recommended support and estimated amounts for renewals each year (this
is provided solely for budgetary purposes and will need to be quoted at the time of renewal):
escriptionon
Cisco SMARTnet for ASA5506H Firewall 1 Included Included Included
Cisco SMARTnet for IR809 cellular Included $1,000 $1,050
routers
Dell SCADA Client Computer 'Included Included Included
[Dell SCADA Virtual Host Server Included Included Included
WIN -911
Included $615 $630
Wonderware Customer FirstIncjncl
luded $4,300 $4,500
Total
Included $5,915 $6,180
Project Schedule
Our estimated project schedule will be agreed upon at the project kickoff meeting.
Project # 160810.50 Rev 1
Page No. 5
Cia
CONCENTRIC
INTEGRATION
Warranty
The warranty listed in the attached Standard Terms & Conditions document (Paragraph 13):
El DOES apply
❑ DOES NOT apply
Fee
Our fee for the above scope is a lump sum of $122,600.
This agreement is valid for 90 days from the date of this proposal.
Fee Breakdown
Scope e!
Project Management
Design/Documentation
Programming
Installation/Testing
Virtual Host Server (with software and accessories)
SCADA Client Workstation (with software and accessories)
SCADA Backup Laptop
SCADA Software Licensing
Network Rack, Equipment and Accessories
Cellular Routers with antennas, power supplies and accessories
Total
$12,700
$4,500
$29,000
$21,900 j
$13,500
Terms & Conditions
Refer to attached Standard Terms & Conditions document.
$3,000
$1,500
$15,700
$11,000
$9,800
$122,600
Project # 160810.50 Rev 1 Page No. 6
CONCENTRIC
INTEGRATION
Acceptance
If this proposal is acceptable, please sign one copy and return to us. Feel free to contact me
if you have any questions.
Sincerely,
CONCENTRIC INTEGRATION, LLC
Midayo Tf—ormaz
Michael D. Klein, PE
Automation Department Manager
MDK
ACCEPTED BY:
TITLE:
DATE:
Christopher T. Sosnowski, PE
President
CTS
VILLAGE OF MORTON GROVE
Above signature implies acceptance of the attached STANDARD TERMS & CONDITIONS
Project # 160810.50 Rev 1
Page No. 7
Car&
CONCENTRIC
INTEGRATION
Standard Terms & Conditions
L The submitted proposal and these Standard Terms & Conditions constitute and are herein referred to as the Agreement.
2. Concentric Integration Is herein referred to as Concentric. and the party with whom Concentric Is entering Into this Agreement with Is herein referred to as
Owner.
3. Concentric may submit requests for periodic progress payments for services rendered. Payments shall be due and owing by the Owner upon receipt of
Concentrk's Invoice for services. Payments to Concentric after sixty (60) consecutive calendar days from the date of Concentric's invoice for services shall
Include an additional late payment charge computed Owner an annual rate of twaNn percent (12%) from date of Concentric's Invoice: and Concentric may,
after giving seven (7) days written notice to the Owner, suspend services under [Ns Agreement until Concentric has been paid In full all amounts due for
services expenses. and late payment charges.
4. This Agreement may be terminated, In whole or In part. by either party if 1110 other party substantially fails to fulfill its obligations under this Agreement
through no fault of the terminating party. or the Owner may terminate this Agreement, In whole or in part, for its convenience. However, no such
termination may be effected unless the terminating party gives the other party: (1) not less than tan (10) calendar days written notice by certified mall of
Intent to terminate, and (2) an opportunity for a meeting with the terminating pasty before termination. If this Agreement Is terminated by either party,
Concentric shall be paid for services performed to the effectNe date of termination, Including reimbursable expenses. In the event of contract termination,
the Owner shay waive reproducible copies of Drawings, Custom Developed Appl cations and other documents completed by Concentric
5. Concentric agrees to hold harmless and Indemnify the Owner and each of Its officers, agents and employees from any and all liability claims, tosses. or
damages, to the extent that such claims, losses, or damages are caused by Concentric's negligence In the performance of the services under this
Agreement but not including liability that may be due to the sole negligence of the Owner or other consultants, contractors or subcontractors working for
the Owner, or their officers, agents and employees In the event claims, losses, or damages are caused by the pint or concurrent negligence of Concentric
and the Owner they shall be borne by each party M proportion to its negligence.
6. The Owner acknowledges that Concentric Is a Umked Liability Company and not a Professional Senile* Corporation. and further acknowledges that the
corporate entity, as the party to this contract, expressly avoids compacting for individual responalbalty of Its officers. directors, or employees.
7. The Owner and Concentric agree that any claim made by either party arising out of any act of the other party, or any officer, director, or employee of the
other party in the execution or performance of the Agreement, shall be made solely egakist the other party and not Individually or jointly against such
officer. director, or employees.
g. For the duration of the project. Concentric shall procure and maintain Insurance for protection from claims under worker's compensation acts. claims for
damages because of bodily Injury Including personal Injury, sickness or disease or death of any and all employees or of any person other than such
employees and from claims or damages because of injury to or destruction of property Inchsd.ng lou of use resulting therefrom. alleged to arise from
Concentric's negligence in the performance of services under thls Agreement. The Owner shall be named as an additional Insured on Concentrk's general
liability insurance policy. The limits of liability for the insurance required by this Subsection are as follows:
Workers Compensation: Statutory Limits Excess Umbrella Liability: S5.000,000 per claim and aggregate
General Liability. 51,000,000 per claim / 52,000.000 aggregate Professional Liability: 55.000.000 per claim
Automobile Liability: 51.000.000 combined single limit 55,000,000 aggregate
9 Notwithstanding any other provlson of this Agreement, and to the fullest extent permtted by law. the total liability, In the aggregate, of Concentric and
their officers. directors. employees, agents, and any of them, to the Owner and anyone claiming by, through or under the Owner. for any and all claims,
losses, costs or damages whatsoever arising out of. resulting from or In any way related to the project or the Agreement from any cause or causes.
including ding but not limited to the negligence, professional errors or omissions, strict liability or breach of contract or warranty expressed or Implied of
Concentric or their officers. directors employees agents or any of them, hereafter referred to as the' Owner's Claims", shall not exceed the total Insurance
proceeds available to pay on behalf of or to Contesndc by their Insurers In settlement or satisfaction of Owner's Claims under the terms and conditions of
Concentrk's Insurance policies applicable thereto, Including all covered payments made by those Insurers for fees, costs and expenses of Investigatlon
claims adjustment, defense and appeal.
10. Concentric Is responsible for the quality, technical accuracy. tartly completion, and coordination of all Designs, Drawings, Custom Developed Applications
and other services furnished or required under this Agreement, and shall endeavor to perform such services with the same skill and judgment which can be
reasonably expected from similarly situated professionals.
11. The Owner may, at any time, by written order, make changes within the general scope of [Ns Agreement In the services to be performed by Concentric. If
such lenges cause an Increase or decrease in Concentric's fee or time required for performance of any services under this Agreement whether or not
changed by any oder, an equitable adjustment shall be made and this agreement shall be modified In writing accordingly. No service for which an
additional compensation wig be charged by Concentric shall be furnished without the written authorization of the Owner.
12. All Drawings Custom Developed Applications, and other documents prepared or fumlshed by Concentric pursuant to this Agreement are Instruments of
service In respect to the project. and Concentric shall retain the right of reuse of said documents and electronic media by and at the discretion of
Concentric whether or not the project is completed. Electronic copes of Concentric's documents for Information and reference In connection with the use
and occupancy of the project by the Owner and others shad be delivered to and become the property of the Owner, however, Concentrlts documents are
not intended or represented to be suitable for reuse by the Owner or others on additions or extensions of the project, or on any other project. Any such
reuse without verification or adaptation by Concentric for the specific purpose Intended will be at the Owner's sole risk and without Nabllty or legal
exposure to Concentric, and the Owner shag hdemnly and hold harmless Concentric from all clams damages, losses and expenses Including attorneys'
fees arising out of or resuming therefrom.
13. Concentric warrants that the services provided for under this Agreement will be completed In a good and workmanlike manner In accordance with
applicable codes. ordinances regulations or other legal Owner. For a period of one (1) year atter the Owner receives benefidal use of the installation,
Concentric will provide a limited warranty to the Owner for any defect duo to Improper materials or workmanship supplied by Concentric. Any such
warranty provided to Owner sham be provided by Concentrc without expense to the Owner for the one (D year period described herein. CONCENTRICS
WARRANTY ISA LIMITED WARRANTY FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF BENEFICIAL USE OF THE INSTALLATION. This warranty is
limited to only defects In material and workmensh:p on products purchased and fully Installed by Concentric and includes defects caused by Improper use,
abuse, accdent, acts -of -God (Includino but not Lmltad to lightning). alteration, or other conditions beyond Concentric 's control. as determined by
Concentric. and all manufacturer's products or workmanship as covered by their respective warranties For nnenufactwer's products or workmanship,
Concentric will deliver to Owner all manufacturers' warranties of products. IN CONSIDERATION OF THE LIMITED WARRANTY CONTAINED HEREIN THE
OWNER AGREES AND ACKNOWLEDGES THAT SUCH WARRANTY REPLACES ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Concentric's warranty is limited to repair or
replacement of a defective product without cost to the Owner. OWNER WAIVES ALL CLAIMS TO INCIDENTAL OR CONSEQUENTIAL DAMAGES. This
limited warranty extends only to the Owner and not to subsequent buyers/owners. Owner must give written notice of a detect within the one (I) year
warranty period described above. In the event of any dispute between the Owner and Concentric, such dispute shall be resolved In accordance with these
Standard Terms 8 Conditions and the Agreement
M. Any provision or part thereof of this Agreement herd to be void or unenforceable under any law shay be deemed stricken. and all remaining prowstons shall
continue to be valid and binding upon the pales. Tho parties agree that this Agreement shall be reformed to replace such stricken provision or part
thereof with a valid and enforceable provision wNch comes as close as possible to expressing the Intention of the stricken provision.
15. This Agseenent contains and embodies the entire and Integrated agreement between parties hereto and supersedes all prior negotiations, representat ons.
or agreements, either written or oral.
Legislative Summary
Ordinance 17-36
AMENDING TITLE 3, CHAPTER 3 OF THE MUNICIPAL CODE ENTITLED"LAW
DEPARTMENT", ARTICLE A ENTITLED"ADMINISTRATIVE HEARING DEPARTMENT"
Introduced:
Purpose:
Background:
Departments
Affected
Fiscal Impact:
Source of Funds:
Workload
Impact:
Administrator
Recommendation:
Second Reading:
Special
Considerations or
Requirements:
Respectfu
December 11, 2017
To amend Title 3, Chapter 3, Article A of the Municipal Code entitled "Administrative
Hearing Department".
Article 3A of the Municipal Code established an Administrative Hearing Department
which conducts Administrative Adjudication Hearings to adjudicate
violations of Village ordinances and regulations. Corporation Counsel has recommended
that Title 3, Chapter 3A of the Municipal Code be amended to
o Allow for the appointment of additional Adjudication Hearing Officers;
o Formalizes the functions of the Adjudication Hearing Administrator,
• Require persons, who after a hearing are found in violation of a Village Code section,
to pay an Administrative Fee of not less $50.00 to partially compensate the Village for
its staff time and other expenditures incurred because of the proceedings;
o Require persons who do not timely pay fines assessed by the Hearing Officer to pay the
costs incurred by the Village of the collection of the fines; and
• Allow for a process to contest a citation without a formal "in person" hearing.
This Ordinance will amend Article 3-3A of the Village Code to adopt these
recommendations.
Administration, Legal, Police, and Building and Inspectional Services and Finance
Departments
Additional Revenue from the Collection of Administrative Fees.
N/A
The management and supervision of this chapter will be performed by the Administration
and Legal Departments as part of their normal operations.
Approval as presented.
Required, Municipal Code Book Change — January 8, 2018
None
Teresa Hoffman Liston, Corporation Counsel
R 1p E. Czerwinski, Vi. ge Administrator
Prepared by:SIT
ORDINANCE 17-36
AMENDING TITLE 3, CHAPTER 3 ARTICLE A OF THE MUNICIPAL CODE
ENTITLED "LAW DEPARTMENT, ADMINISTRATIVE HEARING DEPARTMENT"
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, Title 3 of the Municipal Code establishes municipal departments for the Village;
and
WHEREAS, Chapter 3 of the Municipal Code established a Law Department which serves and
protects the rights of the Corporate Authorities; and
WHEREAS, Article A under Chapter 3 establishes an Administrative Hearing Department
which is authorized to conduct Administrative Adjudication Hearings on behalf of the Village for
enforcement of various provisions of the Municipal Code; and
WHEREAS, during recent years, the Administrative Hearing Department has effectively and
fairly served the residents of the Village by enforcing and adjudicating Village ordinances and
regulations without having to solicit the use of the Circuit Court of Cook County, or any other
administrative proceedings saving the Village countless hours and resources; and
WHEREAS, the Corporation Counsel has recommended that Title 3, Chapter 3A of the
Municipal Code be amended to
o Allow for the appointment of additional Adjudication Hearing Officers;
o Establish and formalizes the powers and responsibilities of the Adjudication Hearing
Administrator;
o Establish an Administrative Fee of not less $50.00 which, in addition to any fine or
other penalty, shall be paid by a Defendant, who after a hearing is found in violation of
a Village ordinance or regulation. Such Administrative Fee is not a penalty, but is a
payment to partially compensate the Village for its staff time and other expenditures
incurred because of the proceedings;
o Allow for a process whereby a person can contest a citation without a formal "in
person" hearing;
o Require persons who do not timely pay fines assessed by the Hearing Officer pay the
costs incurred by the Village of the collection of the fines; and
1
o Further update the powers and functions of the Administrative Hearing Department
as provided in this Ordinance; and
WHEREAS, the Corporate Authorities find it is in the Village's best interest this ordinance to
amend Article A. Administrative Hearing Department as provided in this Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE 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 3 entitled Municipal Departments, Chapter 3 entitled Law Department,
Article A entitled Administrative Hearing Department is hereby amended in its entirety and shall now
read as follows:
SECTION:
3-3A-1:
3-3A-2:
3-3A-3:
3-3A-4:
3-3A-5:
3-3A-6:
3-3A-7:
3-3A-8:
3-3A-9:
3-3A-10:
CHAPTER 3
LAW DEPARTMENT
ARTICLE A. ADMINISTRATIVE HEARING DEPARTMENT
Creation and Purpose
Department Composition
Notice of Violations
Subpoenas
Representation at Hearings
Conduct of Hearings
Failure to Appear at Hearing
Contest Without a Formal Hearing
Appeals
Enforcement of Orders
3-3A-1: CREATION AND PURPOSE:
A. There is hereby established an Administrative Hearing Department which shall be authorized to
conduct Administrative Adjudication Hearings for the Village for the enforcement of
provisions of the ordinances of the Village and this Code.
B. The provisions of this Article shall not preclude the Village from using other methods or
proceedings to enforce and adjudicate Village ordinances and regulations including without
limitation, the institution of an action in the Circuit Court of Cook County, Illinois, the United
States District Court, or any administrative proceeding.
2
C. Nothing in this Article shall affect the jurisdiction of the Liquor Commissioner, the Zoning
Board of Appeals, or the Board of Fire and Police Commissioners.
3-3A-2: DEPARTMENT COMPOSITION:
A. Administration Hearing Officer: The position of Administrative Hearing Officer is hereby
created. One or more Administrative Hearing Officers may be appointed annually by the
Village President with the consent of the Board of Trustees.
Each Administrative Hearing Officer shall be:
a. An attorney admitted to the practice of the law in the state of Illinois for at least
three full years;
b. Be in good standing with the Illinois Supreme Court Attorney Registration and
Disciplinary Commission; and
c. Complete a formal training program which meets the minimum requirements of
65 ILCS 5/1-2.1-4 and has been approved by the Corporation Counsel.
2. Hearing Officers shall have all powers necessary to conduct fair and impartial hearings
including, but not limited to the power to:
a. Hold conferences for the settlement or simplification of issues;
b. Administer oaths and affirmations;
c. Hear testimony and accept evidence that is relevant to the existence,
aggravation, or mitigation of the Code violation;
d. Rule upon motions, objections, and the admissibility of evidence;
e. At the request of any party or on the Administrative Hearing Officer's own
motion, subpoena the attendance of relevant witnesses and the production of
relevant records, and other information;
f. Preserve and authenticate the record of the hearing and all exhibits and evidence
introduced at the hearing;
g. Regulate the course of the hearing in accordance with this Article, or other
applicable law;
h. Postpone or continue a Defendant's hearing to a later hearing date; however,
postponements and continuances shall be discouraged and only approved for
good cause;
i. Enter and set aside findings of defaults; and
j. Issue findings, decisions and orders based on the evidence presented at the
hearing. All orders shall be in writing.
k. Authorize the disposal of evidence.
3. Adjudication Hearing Administrator. The Village Administrator or his/her designee(s)
shall act as the Adjudication Hearing Administrator and shall perform the functions set
forth in this Section. The Adjudication Hearing Administrator is hereby authorized,
empowered, and directed to:
a. Promulgate rules and regulations reasonably required to manage the
Administrative Hearing System. The rules and regulations shall be available
upon request in the Village Administrator's office, and/or published on the
Village's website.
3
b. Adopt, distribute, and process all notices as may be required under this Article,
or as may reasonably be required to carry out the purpose of this Article,
including;
i. Inputting information for the violation notice;
ii. Establishing hearing dates and notice dates;
iii. Recording fine and penalty assessment and payments;
iv. Issuing notices of hearing dates, notices of default, such other notices as
may be necessary;
c. Keeping accurate records of appearances and non -appearances at hearings, pleas
entered, fines, and other penalties assessed and paid;
d. Upon the request of a Defendant or the Village, postpone or continue a hearing
to a later date, if such request is made prior to the first scheduled hearing date;
e. Certify reports to the Illinois Secretary of State concerning initiation of
suspension of driving privileges in accordance with the provisions of this
Chapter and those of 625 ILCS 5/6-306.5;
f Along with the Finance Director and the Corporation Counsel, take all lawful
actions to collect unpaid fines and penalties, including the retention of private
collection agencies, filing complaints in the Circuit Court of Cook County;
withholding Village transfer stamps, permits or licenses, record liens or obtain
judgments for unpaid fines and pursue all post -judgment remedies available
under current law.
3-3A-3: NOTICE OF VIOLATIONS:
A. Any authorized representative of the Village may issue a notice of violation, also known as a
"Citation", or a "Notice of Hearing". The "Notice of Violation" or "Notice of Hearing" shall be
served upon the Defendant in any of the manners set forth in Section 1-4-5 of this Code and a
copy of such notice shall be forwarded to the Adjudicative Hearing Administrator.
B. Except for Automated Traffic Law Violations, which shall contain the information set forth in
Title 5 Chapter 2A Section 5 of this Code, the notice of violation shall contain the following
information:
a. The date and location of the alleged violation;
b. The name and address of the Defendant, if known;
c. The applicable code section or such other information to advise the Defendant as to the
type and nature of the violation;
d. The name of the person issuing the notice of violation;
e. The date, time, and location of the hearing;
f. Whether the Defendant's attendance is required at the hearing, and/or whether a fine
may be pre -paid.
g. For certain parking and traffic related violations, the Defendant shall be provided an
option of paying a pre -determined fine or requesting a hearing. The Defendant shall be
provided instructions as to how to request a hearing, and shall be advised that if the
Defendant does not prepay the fine or request a hearing, a hearing date shall be assigned
to the Defendant; and
h. Whether and how the Defendant can contest the Citation without a formal hearing.
C. The correctness of the facts set forth in the Citation shall be certified by the person who has
issued it. The Citation shall constitute prima facie evidence of the violation cited. In the case of
4
a notice produced by a computer device or for an Automated Traffic Law Violation, the
violation shall be certified by signing a single certificate to be kept by the Adjudication Hearing
Administrator, attesting to the correctness of all notices produced by the device while under
his/her control. The Citation or a copy thereof shall be admissible in any adjudication,
administrative or judicial proceeding to the extent permitted by law.
D. The Administrative Hearing Department shall provide for the prompt disposition of alleged
infraction of the ordinances of the Village and this Code, and to afford such other adjudications
as provided by law. Hearing shall be set no sooner than fourteen (14) days nor later than forty-
five (45) days from the date of the issuance of the Citation unless: (1) an emergency involving
public health, safety or the general welfare of the community is involved, in which instance a
hearing could be set immediately, or (2) the Adjudication Hearing Administrator postpones the
hearing pursuant to Section 3-3A-2B(d) of this Article.
3-3A-4: SUBPOENAS:
A. Issuance: An Administrative Hearing Officer, upon the request of the parties or their
representatives or upon his or her own motion, may issue a subpoena to order the testimony of
the witnesses or the production of documents or items necessary to present evidence relevant to
the case and relates to a contested issue in the case.
B. Content: A subpoena issued under this article shall identify:
1. The person to whom it is directed;
2. The documents or other items sought by the subpoena, if any;
3. The date for the appearance of the witness and the production of the documents or other
items described in the subpoena;
4. The time for the appearance of the witness and the production of the documents or other
items described in the subpoena; and
5. The place for the appearance of the witness and the production of the documents or
other items described in the subpoena.
C. Appearance: In no event shall the date identified for the appearance of a witness or the
production of documents or other items be less than seven (7) days after the service of the
subpoena.
D. Contesting the Subpoena: Within three (3) business days of being served with a subpoena
issued in accordance with this article, the recipient of the subpoena may contest the order
authorizing the issuance of the subpoena to the Administrative Hearing Officer, setting forth in
detail the recipient's objections to the subpoena. Upon receipt of the contest to the subpoena,
the Administrative Hearing Officer shall review the objections and, upon review, enter the
appropriate order.
3-3A-5: REPRESENTATION AT HEARINGS:
A. Village Representation: The case for the Village may be presented by the Corporation Counsel
or any agent of the Village or by an attorney designated by the Corporation Counsel.
B. Respondent Representation: The case of the respondent may be presented by the respondent or
an agent or attorney of the respondent. An agent or attorney shall present a written
5
authorization signed by the respondent giving the agent or attorney power to act and to bind the
respondent to any orders entered by the Administrative Hearing Officer.
3-3A-6: CONDUCT OF HEARINGS:
A. The Administrative Hearing Officer shall conduct hearings in an orderly manner and shall have
the authority to take all steps necessary to ensure all persons present at the hearing maintain
proper decorum.
The Defendant shall be given a reasonable opportunity to a full and fair hearing and may
present relevant evidence, present witnesses, and cross exam opposing witnesses.
C. Continuances. All administrative hearings shall be conducted on the date set for the hearing.
For good cause shown, a postponement may be granted at the discretion of the Administrative
Hearing Officer. The purpose of Administrative Hearings is to provide a prompt resolution of
alleged code violations and, accordingly, the request for and grant of continuances shall be
curtailed to the extent fairness permits.
D. Testimony and Evidence.
1. The strict laws of evidence shall not apply;
2. Hearsay testimony may be admitted and relied upon by the Administrative Hearing
Officer in making his/her determination only if it is of a type commonly relied upon by
reasonably prudent persons in the conduct of their affairs;
3. Relevant documents may be received into evidence without formal proof of
authenticity. The Administrative Hearing Officer shall determine the weight, if any, to
be afforded documents received into evidence; and
4. The Village shall determine the way the proceedings are recorded. Either party may
request the proceedings be recorded and transcribed by a certified court reporter. The
cost of the reporter shall be borne by the party requesting the court reporter. If a
recording is made, a respondent may obtain a transcript at Defendant's cost.
Orders. If the Administrative Hearing Officer finds the Defendant has violated the Village
Code section or ordinance described in the Citation, the Administrative Hearing Officer may
order the Defendant to do any or all of the following:
1. Undertake any corrective measures to bring the Defendant in compliance with Village
ordinances and regulations, and/or advisable to protect or promote the public health
safety of welfare;
2. Complete a program of community service approved by the Village Administrator or
his designee; and/or
3. Pay a fine or penalty fine authorized or required by Village ordinances. In no event shall
an Administrative Hearing Officer have the authority to impose a penalty of
imprisonment or a fine more than fifty thousand dollars ($50,000.00), or a fine less than
the minimum fine established by ordinance of the Village Board of Trustees unless such
lesser fine is approved by the Village Prosecutor. The maximum monetary fine imposed
under this Article shall be exclusive of administrative costs, costs of enforcement,
interest charges for late payments, or other fees owed to the Village.
6
F. Suspension or Revocation. Where authorized by the Village Code, the Order may include the
suspension or revocation of any Village -issued license and/or compliance certificate in which
the Defendant has a direct or indirect interest.
G. Administrative Fee. A Defendant found to have violated any Village Ordinance or Code
Section shall be ordered to pay the administrative fee in an amount not less than (1) $50.00 for
each time a hearing was conducted on the Citation or continued at the request of the Defendant,
or the Defendant requested the citation be adjudicated pursuant to Section 3-3A-8 of the
Municipal Code, or (2) such greater amount necessary to compensate the Village for its staff
time and other expenditures incurred because of the proceedings. The Administrative Hearing
Officer shall have no authority to waive, or impose an administrative fee.
H. Compliance Bond: To assure violations are remedied and fines are paid in a timely manner, an
Administrative Hearing Officer, upon issuing a final determination of liability, may require a
Defendant to post with the Village a compliance bond or, as appropriate, to consent to the
granting and recording a lien against titled property. If it is necessary for the Village to make
repairs or otherwise expend funds relating to a code ordinance violation for which a bond was
posted, or whenever fines or costs remain unpaid after a Defendant has exhausted or failed to
exhaust judicial review procedures, the Administrative Hearing Officer may, after giving the
parties notice and opportunity to be heard, issue an order permitting the Village to draw against
the bond in an appropriate amount, or to foreclose on the lien. The Administrative Hearing
Officer shall order the bond or the titled property or proceeds from the titled property, Less the
costs incurred by the Village, returned to the Defendant upon proof of compliance with the
applicable code provisions and the payment of applicable fines or costs.
A copy of the findings, decision and order shall be sent promptly to the Defendant by first-class
mail, postage prepaid, and shall apprise the Defendant of his/her right to appeal the Order to the
Circuit Court of Cook County.
J. Violations of Orders: Any person having received notice and opportunity for a hearing as
provided for in this Article, who knowingly fails to comply with an order issued by the
Administrative Hearing Officer under this Article, including the issuance of a subpoena, shall,
if the order is not stayed by a court of competent jurisdiction prior to its effective date, be found
guilty of contempt. Contempt shall be punishable by a fine in accordance with Title 1, Chapter
4 of this Code for each offense. Each day the violation continues shall be considered a separate
and distinct offense.
3-3A-7: FAILURE TO APPEAR AT HEARING:
A. Default. If at the time set for hearing, the Defendant, or his attorney or agent of record, fails to
appear, the Administrative Hearing Officer may enter a finding of default and impose liability
against the Defendant including the assessment of fines and administrative costs. An order of
default shall be a final determination. A copy of the findings, decision and Order shall be sent
promptly to the Defendant by first-class mail, postage prepaid, and shall apprise the Defendant
of the procedure for setting aside the finding of default and shall also apprise the Defendant of
this/her right to appeal to the Order to the Circuit Court of Cook County.
7
B. Setting Aside a Finding of Default. A written petition to set aside a finding of default may be
filed by a person owing an unpaid fine or penalty assessed for a violation, and shall be
considered, in accordance with the following procedures:
1. The petition must be filed with the Hearing Officer no later than twenty-one (21) days
from the date on which the finding of default was made; however, a Defendant may file
a petition to set aside the finding of default at any time if such Defendant establishes the
Village did not provide proper service of process.
2. Upon receipt of the petition, the Adjudication Hearing Administrator shall set a date for
a hearing on the petition and shall advise the Defendant in writing as to the date of the
hearing.
3. The Hearing Officer may set aside a finding of default pursuant to a timely filed petition
if the Hearing Officer finds:
a. The Defendant was not the owner or lessee of the cited vehicle or the owner,
tenant, or manager of the cited property on the date the Citation was issued;
b. The Defendant paid the fine or penalty prior to the finding of default for the
Violation;
c. The Defendant had a valid reason for his/her failure to appear at the hearing or
request a new date for the hearing; or
d. The Defendant establishes that the Village did not provide proper notice of the
hearing to the Defendant.
4. If the Hearing Officer sets aside the finding of default, he/she shall vacate all prior fines
and set a new date for a new hearing on the merits. The Defendant shall receive notice
of the date, time and place of the new hearing via first-class mail, postage prepaid, to
the address set forth on the petition. Unless the Defendant establishes the Village did
not provide proper notice of the original hearing, the Defendant shall be assessed an
administrative fee set forth in Section 3 -3A -6-G of this Code.
3-3A-8: CONTEST WITHOUT A FORMAL HEARING:
A. Any person who has been served a Citation pursuant to this Article may waive a formal hearing
on the merits and request the Citation be adjudicated by the Hearing Officer based solely on
evidence submitted prior to the hearing by the Defendant and the Village.
B. Request for a determination without a formal hearing shall:
1. Be made on forms provided by the Village fully completed and signed by the Defendant
or his/her authorized representative;
2. Include an acknowledgement of the Defendant's right to appear before the
Administrative Hearing Officer and conduct a full hearing on the merits and a waiver of
that right.
3. Include a properly notarized statement or a statement made under penalty of perjury
from the Defendant or a person with first-hand knowledge of the facts and/or other
credible documentary evidence of facts specifying the grounds for challenging the
Citation.
4. All documents must be received by the Village at least five (5) business days before the
scheduled date of the hearing.
C. The Hearing Officer shall make a finding of liability or non -liability and issue an Order based
upon the statements and documents submitted by or on behalf of the Defendant, the allegations
8
set forth in the Citation and any other evidence submitted by the Village on or before the
scheduled hearing date
D. A copy of the Order shall be mailed to the Defendant within fourteen (14) days after it has been
issued by the Administrative Hearing Officer.
3-3A-9: APPEALS: Any final decision by a Hearing Officer that a Violation does or does
not exist shall constitute a final determination for purposes of judicial review and shall
be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.) by the
Circuit Court of Cook County.
3-3A-10: ENFORCEMENT OF ORDERS:
A.
If the Defendant fails to comply with an Order to correct a violation or pay any fine or other
sanction, any expenses incurred by the Village to enforce the judgment entered against that
Defendant, including, without limitation, administrative costs, attorney's fees, court costs, and
costs related to property demolition or foreclosure, or collection agency fees (collectively
"Enforcement Expenses"), shall, in addition to any other fine or penalty imposed be a debt due
and owing the Village and may be collected in accordance with applicable law.
B. Any fine, other sanction, enforcement expense, or other cost imposed remains unpaid after the
exhaustion of or failure to exhaust judicial review procedures under the Illinois law is a debt
due and owing the Village and shall:
1. Bear interest at the rate of nine percent (9%) per annum;
2. May be enforced in the same manner as a judgment entered by a court of competent
jurisdiction;
3. Shall be considered and may be recorded as a lien against any property owned by the
Defendant and/or against the property which was the subject matter of the Citation,
provided the owner of such property was given notice of the Citation before the Order
was issued and was given an opportunity to participate in the Hearing on the Citation;
and
4. Be paid before the Village grants any license, permit, refund, transfer stamp, or other
privilege to the Defendant or to the owner of any property which was the subject matter
of the Citation, provided the owner of such property was given notice of the Citation
before the Order was issued, and was given an opportunity to participate in the Hearing
on the Citation.
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable for any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full
force and effect.
SECTION 4: 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.
9
PASSED this 8th day of January 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 8th day of January 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9th day of January 2018.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
6
Legislative Summary
Ordinance 18-02
AMENDING TITLE 1, CHAPTER 8, OF THE MUNICIPAL CODE BY ADDING A NEW SECTION 16
ENTITLED "POLICY PROHIBITING SEXUAL HARASSMENT"
Introduced:
Purpose:
Background:
Programs,
Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
Second Reading:
Special Considerations
or Requirements:
Respectfully submitted:
January 8, 2018
Pursuant to Public Act 100-0554 enacted by the Illinois General Assembly, the
Village will adopt with this ordinance a policy to prohibit sexual harassment.
Due to the recent recognition and proliferation of sexual predators throughout the
United States, on November 16, 2017, the state of Illinois adopted Public Act 100-
0554 which requires the Village to adopt an ordinance establishing a policy to
recognize and prohibit sexual harassment. The Illinois Municipal League (IML)
has drafted a model policy on sexual harassment. This ordinance will adopt and
incorporate the IML's policy in the Municipal Code.
All Departments
N/A
N/A
The Legal and Administrative Departments will institute and instruct its
employees and officials regarding this new policy as part of their normal work
day.
Approval as presented.
Required — Municipal Code Book change; however, it is requested this ordinance
be adopted on its first read so the Village meets the required timeline set by the
state of Illinois which requires the adoption of this Policy before January 15, 2018.
None
Prepared by:
Teresa Ho
':fftusr.
i on, Corporation Counsel
lage Administrator
Ordinance 18-02
AMENDING TITLE 1, CHAPTER 8 OF THE MUNICIPAL CODE
BY ADDING A NEW SECTION 16
ENTITLED "POLICY PROHIBITING SEXUAL HARASSMENT"
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 Illinois General Assembly has recently enacted Public Act 100-0554, an Act
concerning government which became effective immediately dated November 16, 2017; and
WHEREAS, pursuant to the Act, each governmental unit shall adopt an ordinance establishing
a policy to prohibit sexual harassment; and
WHEREAS, all prior existing sexual harassment policies of the Village of Morton Grove shall
be superseded by the Policy Prohibiting Sexual Harassment which will be adopted by this ordinance;
and
WHEREAS, should any section or provision of this ordinance or the adopted Policy
Prohibiting Sexual Harassment be declared to be invalid, that decision shall not affect the validity of
this ordinance or the adopted Policy Prohibiting Sexual Harassment as a whole or part thereof, other
than the part so declared to be invalid.
NOW THEREFORE BE IT ORDAINED BY THE 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 1 Chapter 8 entitled Village Officers and Employees, is hereby amended by
adding a new Section 16 to be entitled Policy Prohibiting Sexual Harassment which shall read as
follows:
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SECTION:
1-8-1:
1-8-2:
1-8-3:
1-8-4:
1-8-5:
1-8-6:
1-8-7:
1-8-8:
1-8-9:
1-8-10:
1-8-11:
1-8-12:
1-8-13:
1-8-14:
1-8-15:
1-8-16:
CHAPTER 8
VILLAGE OFFICERS AND EMPLOYEES
Effect of Chapter
Appointed Officials
Oaths and Bond Required
Appointment of Village Employees
Written Personnel Policy Manual Required
Assignment of Duties
Compensation Provided
Books and Records
Monies Received
Inspections, Authority
Arrest Powers
Code of Ethics
Code of Ethical Conduct
Indemnity Regulations
Village Rights of Subrogation
Policy Prohibiting Sexual Harassment
1-8-16: POLICY ON SEXUAL HARASSMENT: It is unlawful to harass a person because
of that person's sex. The courts have determined sexual harassment is a form of
discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991. All persons
have a right to work in an environment free from sexual harassment. Sexual harassment is
unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy
of the Village of Morton Grove to prohibit harassment of any person by any municipal official,
municipal agent, municipal employee, or municipal agency or office on the basis of sex or gender. All
municipal officials, municipal agents, municipal employees, and municipal agencies or offices are
prohibited from sexually harassing any person, regardless of any employment relationship or lack
thereof.
A. Definition of Sexual Harassment: This policy adopts the definition of sexual harassment as
stated in the Illinois Human Rights Act, which currently defines sexual harassment as any
unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature
when:
1. Submission to such conduct is made either explicitly or implicitly a term or condition of
an individual's employment, or
2. Submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual, or
3. Such conduct has the purpose or effect of substantially interfering with an individual's
work performance or creating an intimidating, hostile, or offensive working
environment.
Conduct which may constitute sexual harassment includes:
1. Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex,
anatomy or gender -specific traits, sexual propositions, threats, repeated requests for
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dates, or statements about other employees, even outside of their presence, of a sexual
nature.
2. Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures,
sexually suggestive bodily gestures, "catcalls", "smacking" or "kissing" noises.
3. Visual: posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic
material or websites.
4. Physical: touching, unwelcome hugging or kissing, pinching, brushing the body, any
coerced sexual act or actual assault.
5. Textual/Electronic: "sexting" (electronically sending messages with sexual content,
including pictures and video), the use of sexually explicit language, harassment, cyber
stalking and threats via all forms of electronic communication (e-mail,
text/picture/video messages, intranet/on-line postings, blogs, instant messages and
social network websites like Facebook and Twitter).
The most severe and overt forms of sexual harassment are easier to determine. On the other end
of the spectrum, some sexual harassment is more subtle and depends, to some extent, on
individual perception and interpretation. The courts will assess sexual harassment by a standard
of what would offend a "reasonable person."
B. Procedure for Reporting an Allegation of Sexual Harassment: An employee who either
observes sexual harassment or believes herself/himselfto be the object of sexual harassment
should deal with the incident(s) as directly and firmly as possible by clearly communicating
her/his position to the offending employee, and her/his immediate supervisor. It is not
necessary for sexual harassment to be directed at the person making the report. Any employee
may report conduct which is believed to be sexual harassment, including the following:
1. Electronic/Direct Communication. If there is sexual harassing behavior in the
workplace, the harassed employee should directly and clearly express her/his objection
that the conduct is unwelcome and request the offending behavior stop. The initial
message may be verbal. If subsequent messages are needed, they should be put in
writing in a note or a memo.
2. Contact with Supervisory Personnel. At the same time direct communication is
undertaken, or in the event the employee feels threatened or intimidated by the
situation, the problem must be promptly reported to the immediate supervisor of the
person making the report, a department head, a director of human resources, an ethics
officer, the city manager or administrator, or the chief executive officer of the
municipality.
The employee experiencing what he or she believes to be sexual harassment
must not assume the employer is aware of the conduct. If there are no witnesses and the
victim fails to notify a supervisor or other responsible officer, the municipality will not
be presumed to have knowledge of the harassment.
3. Resolution Outside Municipality. The purpose of this policy is to establish prompt,
thorough and effective procedures for responding to every report and incident so
problems can be identified and remedied by the municipality. However, all municipal
employees have the right to contact the Illinois Department of Human Rights (IDHR) or
the Equal Employment Opportunity Commission (EEOC) for information regarding
filing a formal complaint with those entities. An IDHR complaint must be filed within
180 days of the alleged incident(s) unless it is a continuing offense. A complaint with
the EEOC must be filed within 300 days.
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Documentation of any incident may be submitted with any report (what was said or done, the
date, the time, and the place), including, but not limited to, written records such as letters,
notes, memos, and telephone messages.
All allegations, including anonymous reports, will be accepted and investigated regardless of
how the matter comes to the attention of the Village. However, because of the serious
implications of sexual harassment charges and the difficulties associated with their
investigation and the questions of credibility involved, the claimant's willing cooperation is a
vital component of an effective inquiry and an appropriate outcome.
C. Prohibition on Retaliation for Reporting Sexual Harassment Allegations: No municipal
official, municipal agency, municipal employee, or municipal agency or office shall take any
retaliatory action against any municipal employee due to a municipal employee's:
1. Disclosure or threatened disclosure of any violation of this policy, or
2. The provision of information related to or testimony before any public body conducting
an investigation, hearing, or inquiry into any violation of this policy, or
3. Assistance or participation in a proceeding to enforce the provisions of this policy.
For the purposes of this policy, retaliatory action means the reprimand, discharge, suspension,
demotion, denial of promotion or transfer, or change in the terms or conditions of employment
of any municipal employee that is taken in retaliation for a municipal employee's involvement
in protected activity pursuant to this policy.
No individual making a report will be retaliated against even if a report made in good faith is
not substantiated. In addition, any witness will be protected from retaliation.
Similar to the prohibition against retaliation contained herein, the State Officials and
Employees Ethics Act (5 ILCS 430/15-10) provides whistleblower protection from retaliatory
action such as reprimand, discharge, suspension, demotion, or denial of promotion or transfer
that occurs in retaliation for an employee who does any of the following:
1. Discloses or threatens to disclose to a supervisor or to a public body an activity, policy,
or practice of any officer, member, agency, or other Village employee, the Village
employee reasonably believes is in violation of a law, rule, or regulation, or
2. Provides information to or testifies before any public body conducting an investigation,
hearing, or inquiry into any violation of a law, rule, or regulation by any officer,
member, agency, or other employee, or
3. Assists or participates in a proceeding to enforce the provisions of the State Officials
and Employees Ethics Act.
Pursuant to the Whistleblower Act [740 ILCS 174/15(a)}, an employer may not retaliate against
an employee who discloses information in a court, an administrative hearing, or before a
legislative commission or committee, or in any other proceeding, where the employee has
reasonable cause to believe the information discloses a violation of a state or federal law, rule,
or regulation. In addition, an employer may not retaliate against an employee for disclosing
information to a government or law enforcement agency, where the employee has reasonable
cause to believe the information discloses a violation of a state or federal law, rule, or
regulation. [740 ILCS 174/15(b)].
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According to the Illinois Human Rights Act (775 ILCS 5/6-101), it is a civil rights violation for
a person, or for two or more people to conspire, to retaliate against a person because he/she has
opposed that which he/she reasonably and in good faith believes to be sexual harassment in
employment, because he/she has made a charge, filed a complaint, testified, assisted, or
participated in an investigation, proceeding, or hearing under the Illinois Human Rights Act.
An employee who is suddenly transferred to a lower paying job or passed over for a promotion
after filing a complaint with IDHR or EEOC, may file a retaliation charge — due within 180
days (IDHR) or 300 days (EEOC) of the alleged retaliation.
D. Consequences of a Violation of the Prohibition on Sexual Harassment: In addition to any and
all other discipline that may be applicable pursuant to municipal policies, employment
agreements, procedures, employee handbooks and/or a collective bargaining agreement, any
person who violates this policy or the Prohibition on Sexual Harassment contained in 5 ILCS
430/5-65, may be subject to a fine of up to $5,000 per offense, applicable discipline or
discharge by the municipality and any applicable fines and penalties established pursuant to
local ordinance, state or federal law. Each violation may constitute a separate offense. Any
discipline imposed by the municipality shall be separate and distinct from any penalty imposed
by an ethics commission and any fines or penalties imposed by a court of law, or a state or
federal agency.
E. Consequences for Knowingly Making a False Report: A false report is a report of sexual
harassment made by an accuser using the sexual harassment report to accomplish some end
other than stopping sexual harassment or retaliation for reporting sexual harassment. A false
report is not a report made in good faith which cannot be proven. Given the seriousness of the
consequences for the accused, a false or frivolous report is a severe offense that can itself result
in disciplinary action. Any person who intentionally makes a false report alleging a violation of
any provision of this policy shall be subject to discipline or discharge pursuant to applicable
municipal policies, employment agreements, procedures, employee handbooks, and/or
collective bargaining agreements.
In addition, any person who intentionally makes a false report alleging a violation of any
provision of the State Officials and Employees Ethics Act to an Ethics Commission, an
Inspector General, the State Police, a State's Attorney, the Attorney General, or any other law
enforcement official is guilty of a Class A misdemeanor. An Ethics Commission may levy an
administrative fine of up to $5,000 against any person who intentionally makes a false,
frivolous or bad faith allegation.
SECTION 3: The terms and conditions of this ordinance shall be severable and if any section,
term, provision, or condition is found to be invalid or unenforceable for any reason by a court of
competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full
force and effect.
SECTION 4: 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.
5
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 8t° day of January 2018.
Trustee Grear
Trustee Minx
Trustee Ramos
Trustee Thill
Trustee Travis
Trustee Witko
APPROVED by me this 8th day of January 2018.
Daniel P. DiMaria, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILED in my office
This 9th day of January 2018.
Eileen Scanlon Harford, Village Clerk
Village of Morton Grove
Cook County, Illinois
6