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2018-11-26 Agenda
io 4r G voixin sEr '� Qm, �a �jr • y; ej� MORTON GROVE Incredibly Close »' Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM November 26, 2018 6:00 pm (The hour between 6:00 and 7:00 pm is set aside for Executive Session per 1-5-7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes - Regular Meeting —November 12, 2018 8. Special Reports a. Poster Contest Awards to be Presented by Rick Dobrowski, Fire Prevention Coordinator b. Plan Commission Case PC 18-12 Requests Text Amendments to Title 12 to Modify Selected Residential and Commercial Bulk, Density and/or Parking Standards for Various Zoning Districts 9. Public Hearings a. 2018 Tax Levy and 2019 Budget Request for the 2019 Calendar Year. 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) Reminder of December 24, 2018, Village Board Meeting Cancellation 2) 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) Resolution 18-59 (Introduced November 26, 2018) Authorizing the Execution of a Contract with Clean Cut Tree Service, Inc. for the 2019 Tree Trimming Program 2) Resolution 18-60 (Introduced November 26, 2018) Authorizing a Highway Authority Agreement and an Illinois Environmental Protection Agency Tiered Approach to Corrective Action Objectives Supplemental Agreement between. Harlem and Shermer Service, Inc. and the Village Relating to the Property Located at 9021 Harlem Avenue 3) Resolution 18-61 (Introduced November 26, 2018) Authorizing the Execution of a Task Order with Ciorba Group, Inc. for Preliminary Engineering Services for the Capri -Emerson Sewer Separation Study Project 4) Resolution 18-62 (Introduced November 26, 2018) Authorizing the Execution of a Membership Agreement for a Geographic Information System Consortium 5) Resolution 18-63 (Introduced November 26, 2018) Authorizing the Execution of a Service Contract Extension with Municipal GIS Partners (MGP) for Geographic Information System Services 14. Reports by Trustees (continued) b. Trustee Minx (continued) 6) Ordinance 18-20 (Introduced November 26, 2018) (First Reading) Approving Text Arnendments to Modify Selected Residential and Commercial Regulations of the Unified Development Code, Title 12, in Support of Transit Oriented Development and Economic Development Goals c. Trustee Ramos — Appearance Commission, Environmental Health, IT, Legal Department (Trustee Travis) 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) 1) Ordinance 18-18 (Introduced November 12, 2018) (Second Reading) Adopting the Budgets for All Corporate Purposes of the Village and the Morton Grove Library, Cook County, Illinois for the Calendar Year Effective January 1, 2019 and Ending December 31, 2019 2) Ordinance 18-19 (Introduced November 12, 2018) (Second Reading) Levying and Assessing Taxes for the Village, Cook County, Illinois for the Fiscal Year Beginning January 1, 2019 and Ending December 31, 2019 3) Resolution 18-64 (Introduced November 26, 2018) Tax Abatement Resolution for 2018 Tax Levy Relating to Ordinance No. 02-30 4) Resolution 18-65 (Introduced November 26, 2018) Tax Abatement Resolution for 2018 Tax Levy Relating to Ordinance No. 10-01 5) Resolution 18-66 (Introduced November 26, 2018) Tax Abatement Resolution for 2018 Tax Levy Relating to Ordinance No. 14-02 Resolution 18-67 (Introduced November 26, 2018) Tax Abatement Resolution for 2018 Tax Levy Relating to Ordinance No. 15-02 f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police Commission, NIPSTA, Police Department, Police Pension Board, Water Comm. (Trustee Thill) 15. Other Business 16. Presentation of Warrants - $235,383.61 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 NOVEMBER 12, 2018 - V. CALL TO ORDER Village President Dan DiMaria convened the Regular Meeting of the Village Board at 7:00 p.m. in the Council Chambers of Village Hall. He then asked several of the veterans present this evening to lead 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 ThiII, Connie Travis, and Janine Witko. VII. APPROVAL OF MINUTES Trustee Minx moved to accept the Minutes of the Regular Board Meeting of October 22, 2018 as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. VIII. SPECIAL REPORTS 1. Presentation by American Legion Post #134 Regarding Naval Recruit Thanksgiving Dinner. a. Mayor DiMaria welcomed Post #134 members Casey Buchara, chairman of this event locally, and Joe Gesicki, chaplain for the Legion Post. Mr. Buchara said they were here this evening to promote the 12`h annual Naval Recruit Thanksgiving Dinner, and to ask for the Board's support in making this another successful event, where approximately 55 recruits from Great Lakes Naval Station are transported to Post #134, where they are wined, dined, and entertained. Mr. Buchara thanked the Board for their past support and noted this event is the first "outing" the recruits go on in the midst of their training. b. Mr. Buchara said that buses will leave the Legion Post at 6:OOam to pick up the recruits and they're back to the Post by 9:OOam at the latest. The recruits stay until around 4:30 or 4:45. He said this is a wonderful day for these recruits, who are in their seventh week of training, because the veterans, members, and officials serve them—it's their day. The recruits' ages are from 18 to early 20's, and they thoroughly enjoy the Thanksgiving dinner donated by Kappy's and the phone bank donated by AT&T, which allows them to call anywhere for any length of time. The entire event is filmed and DVDs are sent to the recruits' parents for them to enjoy. c. Mr. Buchara said folks are welcome to stop in at any time to meet and greet the recruits, and thank them for their service, but the best time to come is from 11:OOam. Mr. Gesicki offered his appreciation and personal thanks to everyone on the Board for their support and help with this event. Mayor DiMaria said "It's become part of my Thanksgiving Day ritual," and encouraged the assemblage to get over the Post #134 at some point on Thanksgiving Day. He also wished all the veterans a very happy Veterans' Day. IX. PUBLIC HEARINGS NONE X. RESIDENTS' COMMENTS (Agenda Items Only) NONE Xl. PRESIIDENT'S REPORT 1. Mayor DiMaria sought the Board's concurrence with his appointment of Christ Kintner to the Plan Commission/Zoning Board of Appeals. Mr. Kintner has previously served on a different Village Commission but now would like to do more. Trustee Witko moved to concur with this appointment, seconded b Trustee Travis. Motion passed unanimously via voice vote. 2. Mayor DiMaria thanked all those who attended yesterday's Veterans' Day Parade or who recognized veterans in their own way. 3. Mayor DiMaria announced that Santa Claus will be coming to town on Saturday, December 1, 2018. He'll start at Waukegan and Greenwood at noon and end at Main and Austin between 1:15-1:30pm. Santa will participate in the Holy Days Festival at Harrer Park at 3:00 p.m. More details and an overview map of Santa's route can be found on the Village's website (www.MortonGrovelLorq). 4. Mayor DiMaria said the Morton Grove Firefighters Association is accepting non-perishable food donations through December 10 at the following locations: MG Fire Department Station 4, Village Hall, the Morton Grove Civic Center, the Moose Lodge, MG Park District/Prairie View Community Center (6834 Dempster), Jerusalem Lutheran Church, and Edward Jones (5901 Dempster). He encouraged everyone to help the less fortunate this holiday season by making this a successful food drive 5. Mayor DiMaria welcomed Bill Luksha to the podium to talk about the Sea Scouts. Mr. Luksha started a Sea Scout unit in 2015, sponsored by St. Paul Lutheran Church in Skokie, and this year, he advanced two scouts: Colin Russell to Eagle Scout and Luke Navas to the rank of Quartermaster. Luke was also selected as "Sea Scout of the Year" in the Chicago metro area. a. Mr. Luksha said it was great marching in the parade yesterday with the veterans. He said that he has been a Sea Scout leader since 2005. Sea Scouting promotes better citizenship and improves members' boating skills through instruction and practice in water safety, boating skills, outdoor, social, service experiences, and knowledge of our maritime heritage. b. Mr. Luksha added that his troop had participated in a number of charitable events, including unloading 1,200 Christmas trees off of a ship docked at Navy Pier. He said the troop is co-ed and is high-school age or older. They meet twice a month, and everyone is welcome. He suggested that people who'd like more information on the Sea Scouts should either Google it or check out the Sea Scouts' Facebook page. 2 -Minutes;ofNcweiYiber 12, 2018 Board Meeting' XI. PRESIDENTS REPORT (continued) 6. Mayor DiMaria encouraged everyone to attend "Tailgating for Independent Futures," which is a gathering before and during the Bears vs. Vikings game on Sunday, September 18. It will be held at the Morton Grove Legion Hall Post #134 and tickets are $20 each. Proceeds will benefit the "Center for Independent Futures," which assists disabled children. 7. Mayor DiMaria also announced that the Niles Township District for Special Education will hold a holiday boutique on Thursday, December 6, from 4:00 p.m. to 7:30 p.m. at the Julia Molloy Education Center. The event will feature focal vendors and a percentage of the proceeds benefit the SEED Foundation, an organization which helps under -served students realize their potential and fulfill their dreams of college graduation through a unique, college -prep public boarding school model, Mayor DiMaria encouraged the assemblage to attend. XII. CLERK'S REPORT Clerk Harford had no report. XIII. STAFF REPORTS A. Village Administrator: 1, Mr. Czerwinski said that leaves are continuing to fall, and noted that the Village's leaf pick-up service will end of December 7. Yard waste pick-up ends on December 12. 2. Mr. Czerwinski provided an update on the Church Street bridge. He said that an accident had damaged one of the bridge's cross members, rendering it unsafe for travel. The Illinois Department of Transportation (IDOT) will begin working on a temporary repair on November 26, and the bridge is expected to reopen on December 1. He said he was unsure of when IDOT - plans to do "permanent" repairs. 3. Mr. Czerwinski reminded the Board and assemblage that there will be no Village Board Meeting on Monday, December 24. 4. Mr. Czerwinski provided highlights of the Calendar Year 2019 budget process. He said two budget workshops were held—one on October 9, which was an overview with a focus on Revenue and the General Fund, the second on October 10, which continued the look at the General Fund, as well as the Village's Enterprise Funds and personnel. After the workshops, Village staff received feedback from the Board and adjusted the proposed budget in response to that feedback. Tonight will be the first reading on the Budget and Tax Levy ordinances, and at the Board's November 26 meeting, there will be a Public Hearing on the proposed Budget, as well as the second reading of the Budget and Tax Levy ordinances. a. Mr. Czerwinski said the total proposed budget for 2019 is $64.17 million, which includes the Morton Grove Public Library budget of $3.4 million. This Budget is a 2.9% increase from 2018's total budget of $62.34 million. This is a service-oriented budget. 3 iTl3CQ kCulii0T12, 2098- cork 9 ,eetin XIII. STAFF REPORTS (continued) A. Village Administrator: (continued) b. Mr. Czerwinski said the Village's funding priorities included: bond rating stabilization, the alternative water supply project, the reconstruction of Austin Avenue from Oakton to Main Street, including repairs to the Oakton Austin intersection (a $2.3 million project, funded mostly from federal and state monies); replacement of the sanitary sewer on Oakton from the railroad tracks at Lehigh to Austin Avenue); maintenance of public facilities; and fiscal management of the budget impacts caused by the State of Illinois' reduction in revenue rendered to municipalities. c. The Village's proposed General Fund Budget for 2019 is $31.20 million, a 3.73% increase over 2018's General Fund Budget of $30.07 million. The funding priorities of the General Fund are bond rating stabilization, including pension funds support; maintenance of public facilities, including funding to repair and tuck -point the Public Works facility's roof; and management of the State's budget impacts. d. Mr. Czerwinski said that a 2% property tax increase will be imposed, which will amount in total to about $200,000 in revenue. This will replace the $204,053 revenue no longer coming from the State. Mr. Czerwinski said the Village is losing $110,000 from the Local Government Distributive Fund; $64,053 from the Sales Tax Administration fee; and $30,000 from the Personal Property Replacement Tax due to the State of Illinois budget. e. Mayor DiMaria asked the Board if there were any questions for Mr. Czerwinski. There were none. f. Trustee ThiII commented that, for a resident with a home valued at $300,000, the 2% tax hike will only cost an extra $1.50 per month. He said, "It's worth it." Mayor DiMaria reiterated that the increase was necessary because the State of Illinois is sitting on funds that are owed to municipalities. 5. Lastly, Mr. Czerwinski noted that there was a typo in Ordinance 18-15, which is on the Agenda this evening for a second reading. Although it's only a 3 -letter typo, it changes the meaning of the sentence entirely. a. Mr. Czerwinski said the point of Ordinance 18-15 is to establish an administrative review process for certain types of commercial uses that could have varying intensities, based on their business model, staff levels, and operations, in conjunction with the characteristics of the specific location where the business may want to locate (such as parking, access, lot size, setbacks, etc.). b. The proposed administrative review process would allow the Village Administrator greater dis- cretion in the types of documents and/or data that would need to be submitted, based on the specific use. c. One of the footnotes in Ordinance 18-15 states "A proposed use shall be a permitted use, pro- vided the Building Commissioner, the Plan Commission Chairperson, Village Administrator, and Corporation Counsel unanimously find, after considering the factors set forth in the Village, that the proposed use has sufficient parking to meet the needs of the proposed use at the proposed location, and will not have a negative impact upon adjacent land use or to the public. In the event they do make such unanimous findings, the proposed use will require approval as a special use process for approval." 4 Minutes of Itsloyember 12,-2D18,Board;Meetin6 X111. A. Village Administrator: (continued) STAFF REPORTS (continued) d. Mr. Czerwinski said that the sentence beginning with "In the event" should actually read, "In the event they do not make such unanimous findings, the proposed use will require approval as a special use process for approval." B. Corporation Counsel: Corporation Counsel Liston was out of town this evening—no report. XIV. TRUSTEES' REPORTS A. Trustee Grear: Trustee Grear had no report this evening. B. Trustee Minx: 1. Trustee Minx presented Ordinance 18-15, Approving a Text Amendment to Modify Certain Use Classifications in the Commercial Districts of the Village of Morton Grove Municipal Code. This is the second reading of this Ordinance. a. Trustee Minx noted that Mr. Czerwinski had thoroughly explained this Ordinance, and thus moved, seconded by Trustee Thill, to adopt Ordinance 18-15. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx aye Tr. Ramos ave Tr. Thi li aye Tr. Travis ate, Tr. Witko aae 2. Next, Trustee Minx presented Ordinance 18-16, Amending Title 5, Chapter 9, Section 9 Entitled "Municipal Parking Zones" of the Municipal Code of the Village of Morton Grove. a. b. This is the second reading of this Ordinance. Trustee Minx explained that the Village constructed new municipal parking zones on the west side of Marmora north and south of Dempster Street. Other municipal parking zones provided along Dempster Street currently have overnight parking restrictions. Public Works needs such restrictions to allow time for street sweeping, leaf removal, and snow removal. The Traffic Safety Commission review the request for this new parking restriction at its October 4, 2018 meeting, and recommended acceptance of Village staffs recommendation to restrict parking from 2:00 a.m. to 5:00 a.m., consistent with other restrictions in the area. 5 Ming f Noueiber J2, 201 Meeting XIV. B. Trustee Minx: TRUSTEES' REPORTS (continued) Trustee Minx moved to adopt Ordinance 18-16, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear awe Tr. Minx aye Tr. Ramos Tr. Thill aye Tr. Travis aye Tr. Witko aye 3. Trustee Minx then presented Ordinance 18-17, Amending Title 5, Chapter 13, Section F, Entitled "Restricted Parking Streets" of the Municipal Code of the Village of Morton Grove. a. b. c. 4. a. This is the second reading of this Ordinance. Trustee Minx explained that, in January of 1996, Resolution 96-01was approved by the Village Board. That Resolution established Zone 12 special permit parking regulations on segments of Foster Street, Palma Lane, Sayre Avenue, and Simpson Street, based on current and future needs at that time. Residents have now asked the Village to repeal Zone 12 parking restrictions because the redevelopment of a commercial property in the area has eliminated the underlying need for the restriction. The Police Chief enacted an experimental parking regulation to repeal Zone 12 restrictions and Village staff solicited feedback from the affected residents and received no feedback opposing this repeal. The Traffic Safety Commission reviewed the matter at their October meeting and recommended the repeal of the Zone 12 parking restrictions. Trustee Minx moved, seconded by Trustee Witko, to adopt Ordinance 18-17. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx awe Tr. Ramos aye Tr. Thili aye Tr. Travis aye Tr. Witko aye Trustee Thill commented that this is a great example of how the Village listens and responds to its residents. Trustee Minx next presented Resolution 18-57, Endorsement For Project Development of Pedestrian Facility Along Oakton Street. She explained that Village staff is developing an improvement to provide a pedestrian facility (sidewalk) along Oakton Street and is working on this with the Villages of Skokie and Niles. The Villages are trying to assemble funding sources for the engineering and construction expenses for this project. The conceptualized project cost is estimated to be more than $1 M. The "Illinois Safe Routes to School" program, a federally funded program administered by IDOT, is a funding source that can provide up to $200,000 for construction costs. The program is accepting appli- cations through November 19, 2018. The application process requires a resolution to authorize the financial support of the sponsoring agency. 6 ilHinute`sla161i3 ember'12, ZOl813oard Meetin. XIV. B. Trustee Minx: TRUSTEES' REPORTS (continued) Trustee Minx moved, seconded by Trustee Travis, to approve Resolution 18-57. Motion passed: 6 ayes,. 0 nays. Tr. Grear ale Tr. Minx at Tr. Ramos at Tr. Thill ave Tr. Travis aye Tr. Witko 5. Next, Trustee Minx brought forward Resolution 18-58, Authorizing the Execution of Agree- ments Related to the Purchase of Rights -of -Way Needed For The Construction of the Aus- tin Avenue Improvements. a. She explained that, in order to construct planned intersection improvements at Austin Avenue and Oakton Street, it is necessary to acquire certain rights-of-way. Resolution 18-38 authorized the Village Administrator to execute financial agreements with two private property owners in an amount not to exceed $230,000. However, counter-offers from the private property owners cur- rently exceed that amount. Negotiations are ongoing, but could ultimately exceed the authorized amount. Resolution 18-58 authorizes funds available up to $400,000. The Village is required to obtain adequate right-of-way property for the Austin Avenue roadway improvements, with project improvements substantially funded by $2.3M in state and federal funding. 4. Trustee Minx moved to approve Resolution 18-58, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear a e Tr. Minx a e Tr. Ramos a e Tr. Thill aye Tr. Travis a e Tr. Witko awe Lastly, Trustee Minx thanked everyone who had come out to the Veterans' Day Parade, and thanked all the veterans in Morton Grove and everywhere in the country for their service. C. Trustee Ramos: Trustee Ramos had no report this evening, but wished the Board and assemblage a very safe and happy Thanksgiving holiday. D. Trustee Thill: Trustee Thill had no report this evening. 7 inutes cON_ikamber 7:2, 2018 = Gard Mee .tin XIV. TRUSTEES' REPORTS (continued) E. Trustee Travis: 1. a. Trustee Travis introduced for a first reading Ordinance 18-18, An Ordinance Adopting the Budgets for Ail Corporate Purposes of the Village of Morton Grove and the Morton Grove Library, Cook County, Illinois, For the Calendar Year Effective January 1, 2019, and Ending December 31, 2019. She explained that the 2019 Budget represents the Corporate Authorities' projections of revenues that are expected to become available during fiscal year 2019, as well as recommended expenditures for the Village. The Budget was presented at Village Workshops held on October 9 and October 10, 2018, with a Public Hearing to be held on November 26, 2018. Public notice of the hearing will be published in the Pioneer Press newspaper on November 15, 2018. The Budget has been available for inspection in the office of the Village Administrator, the Public Library, and posted on the Village's website. Trustee Travis said that, as this is the first reading of this Ordinance, no action would be taken this evening. 2. Next, Trustee Travis presented for a first reading Ordinance 18-19, An Ordinance Levying and Assessing Taxes For the Village of Morton Grove, Cook County, Illinois For 2018 to be Collected in the Fiscal Year Beginning January 1, 2019 and Ending December 31, 2019. a. She explained that this Ordinance sets the 2018 property tax levy amount that will be collected and will fund the 2019 Budget. It must be adopted and filed with the Cook County Clerk in order to levy property taxes within the Village of Morton Grove. b. Pursuant to Ordinance 18-18, the amount necessary to be levied for the 2018 property taxes is $9,753,929 for Village operational expenses; $1,073,688 for Village debt service: and $3,338,463 for the Library. This will result in a levy of $10,625,584 for the Village and $3,338,463 for the Library, for a total levy of $14.166.080. By law, the Village is required to levy an additional $2,374,894 for Village debt service payments authorized by general obligation notes and bonds, for a total levy (before abatement) of $16,507,920. The Village Board intends to adopt Resolutions that will immediately abate $2,374,894 from the levy, resulting in the net levy as intended by the Corporate Authorities in the amount of $14.166.080. The effective result is a 2% increase in the Village's portion of the tax levy and a 0% increase in the Library's portion of the tax levy, resulting in an overall increase of 1.52% from the final extended tax levy from the previous year. Trustee Travis said that, once again, since this is a first reading of this Ordinance, no action will be taken this evening. 3. Trustee Travis encouraged all photographers to enter the Village's Fall photo contest, sponsored by the Community Relations Commission. Photos must showcase the Village's tagline: "Incredibly Close. Amazingly Open." Photos must be submitted by December 1, 2018, and winning photos will be featured on the Village's Facebook page and website, and 5 winning photos will be enlarged, framed, and displayed at Village Hall. 8 1111iriutes,6fiNoveni r12;i2D78Boa rci;NlEetin XIV. TRUSTEES' REPORTS (continued) F. Trustee Witko: Trustee Witko encouraged everyone to attend the Winter Farmers' Market on Saturday, December 1, at the Civic Center, in conjunction with the Park District's Holly Days and with the Morton Grove Days Commission's "Santa Comes to Town" festivities. XV. OTHER BUSINESS Mayor DiMaria recognized Park Board Commissioners Keith White and Paul Minx, and thanked them for attending tonight's meeting. XVI. WARRANTS XVII. 1. Trustee Travis presented the Warrant Register for November 12, 2018 in the amount of $465,045.66. She moved that the Warrants be approved as presented. Trustee Witko seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear awe_ Tr. Minx aye Tr. Ramos a. Tr. Thill ave Tr. Travis ave Tr. Witko RESIDENTS' COMMENTS Rudolph Vilk said he believed that everyone should work together to make the Village a better place in which to live and work, but he felt that he is spending a lot of time trying to explain his problems to the Board, saying that he asks questions but receives no answers. Mr. Vilk felt that police officers should be more inclined to issue warnings that write tickets, es- pecially for minor offenses such as burnt-out bulbs. He felt that, if a warning was issued, the ve- hicle owner would be more inclined to take care of the problem quickly, and if that person did not, then they should be fined. He had similar thoughts about paying for water consumption and for Village vehicle stickers. 2. Larry Strybel, a member of American Legion Post #134, approached the podium. Mayor DiMaria thanked him for his service to our country. Mr. Strybel said he wanted to give the Board a "head's up" about a letter that he had written this morning. He said he was going to be rewriting the letter, however, because it was pretty harsh Mr. Strybel said this is an initiative that concerns him. He met with the Appearance Commission about the sign ordinance because there are many signs in the Village along the major thoroughfares of Dempster Street and Waukegan Road that should be lit, but are not. He had compiled a list of over 50 businesses along those two roads whose signs are either only partially lit up, or not lit up at all. He felt that partially lit or non -lit signs make Morton Grove feel less nice. He wanted to ask one of the Trustees to take the lead on this. 9 November oard Meetin XVII. RES9DENTS' COMMENTS (continued) a. Mr. Strybel said he's aware that there isn't a lot of traffic after 2:00 or 3:00 a.m., but there is quite a bit of traffic at 5:30, 6:30, and 7:30 a.m. He felt it would be a "win-win" situation if the Vil- lage started insisting that signs be lit; that it would bring more business to the Village. He point- ed out that the bank at Dempster and Waukegan has four signs that could be lit, but only one is. Mr. Strybel then provided his list to Mayor DiMaria. b. Mayor DiMaria thanked Mr. Strybel for his time and for having a business in Morton Grove. XVIII. ADJOURNMENT There being no further business before the Board, Trustee Minx moved to adjourn the meeting, seconded by Trustee ThiIl. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Minx aye Tr. Ramos aye Tr. Thiil aye Tr. Travis Eys. Tr. Witko aye The meeting adjourned at 7:52 p.m. 10 PASSED this 26th day of November, 2018. Trustee Greer Trustee Minx Trustee Ramos Trustee Thill Trustee Travis T-rustee-Witko IillinutesaNovember':t2;z2D1$;,Baard Me i g APPROVED by me this 26th day of November, 2018. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27th day of November, 2018. Eileen Scanlon Harford, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar 11 cY,:q end ., t,: !_ �E e 4ye� ¢, F E d MORTON GROVE Incredibly Close e. Amazingly Open 2018 FIRE PREVENTION POSTER CONTEST The Fire Department's Fire Prevention Coordinator, Rick Dobrowski recently conducted the TWENTY- SIXTH ANNUAL POSTER CONTEST, in conjunction with the Morton Grove Fire Department and the Firefighter's Association of Morton Grove. All the schools in the Village of Morton Grove were invited to participate in the program. A list of contest rules for the posters and a date the posters were to be turned in by was given to each school. The students were given a list of fire safety topics to choose from. The posters were judged on the following criteria. 1. The fire safety message is correct. 2. The message is clear. 3. And, the quality of the artwork of the poster. The Firefighter's Association of Morton Grove sponsored the awards for the program. A plaque with a digitized photo of their winning poster and a special coin are given for the winning poster in each grade classification. In addition, plaques are awarded to the student with the overall winning poster and to the school that student represents. The following are the 2018 Poster Contest winners. Kindergarten Arianna Moldovan Hynes Elementary First Grade Elliot Ford Hynes Elementary Second Grade Graham LeMaistre Hynes Elementary Third Grade Molly O'Hara Jerusalem Lutheran Fourth Grade Lydia Miner Jerusalem Lutheran Fifth Grade Sareena Mohiuddin Molloy Education Center Sixth Grade Joseph Yoon Jerusalem Lutheran Seventh Grade Mya Iusco Jerusalem Lutheran Eighth Grade Joonhwa Hong Jerusalem Lutheran Faith Vo ****Overall Winner **** Jerusalem Lutheran (6th grade) 6101 Capulina Avenue -k Morton Grove, IL 60053-2985 Tel: 847 965-4100 www.mortongroveil.org -k Fax: 847 965-4162 Recycled Paper Community & Economic Development Department To: Village President and Loard of Trustees Incredibly Close J; Amazingly Open From: Steven Blonz, Chairperson, Mara Commission2Ppit Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: November 20, 2018 Plan Commission Case PC18-12: Text Amendments to Title 12 to Modify Selected) esidentiialf and Commercial Bulk, Density and/or Parking Standards for the R3 General Residence District, C1 General Com; ercdal District, C2 Neighborhood Commercial, and CR C• rnmercial Reside- ntiai Zoning Districts of the Village of Morton Grove Unified Development Code (Ordinance 07-07) in Support of Transit Oriented Development and Economic Development C .,ais Corranvission Report Public Notice The Village provided Public Notice for the October 15, 2018 Plan Commission public hearing for PC 18-12 in accordance with the Unified Development Code. The Pioneer Press published the public notice on September 27, 2018. As this request is for a text amendment, not a request for a specific site, public notice signs or notification letters were not required. At the October 15, 2018 public hearing staff requested a continuance to November 19, 2018, which was approved unanimously. Overview of the Application With the adoption of the Lehigh -Ferris Tax increment Financing District and subsequent creation of the C/R Zoning District, the Village has continually updated codes and planning documents to help encourage and promote higher density, compact, pedestrian oriented development around and adjacent to the Morton Grove Metra Station (8501 Lehigh Avenue). These efforts to create a transit -oriented development and "downtown" commercial area district are exemplified in various targeted plans, such as the Lehigh/Ferris Framework Plan (Ord. 09-01), the Industrial Area Plan (Ord. 14-24), and Strategic Plan (Res. 15-08). In 2016, the Village applied for and was awarded a grant through the Regional Transit Authority's (RTA) and Chicago Metropolitan Agency for Planning's (CMAP) 2016 Community Planning Program and Local Technical Assistance Program for assistance in updating the Village's zoning code for the area adjacent to the Morton Grove Metra Station. Although initially intended to run through 2017, due to staffing changes at the RTA and conflicting workload issues at the Village, the RTA agreed to extend the grant through 2018. The RTA solicited qualifications from various firms and ultimately hired Teska Associates to review and assist in drafting the proposed Transit Oriented Development (" TOD')-related code updates for the zoning districts around and/or within close proximity to the train station — specifically the C1 General Commercial, C/R Commercial/Residential, and R3 General Residence Districts. Building on this grant work, the Village included some additional amendments, particularly to the use classifications and to provide some consistency for certain types of developments in these three (3) Districts, as well as the C2 Neighborhood Commercial District. The proposed text amendment seeks to reinforce the Village's established goal to support and encourage a transit -oriented, pedestrian friendly, active and accessible neighborhood area around the Metra train station. Specifically, with this text amendment, the Village intends to: • "Clean up" some of the use classifications and associated definitions to enhance clarity and/or to better address changing market demands; • Amend some of the density controls — particularly for multifamily, attached dwellings and/or mixed use developments — to resolve inconsistencies and to better reflect actual potential development; • Amend some of the development standards for specific developments, particularly in the C/R District, to better reflect some of the goals established in the Lehigh -Ferris Framework Plan; • Add/amend select parking regulations based on proximity to the train station and/or public parking lots and to address the need for visitor/guest parking; and • Establish design standards to enhance and further encourage active pedestrian -focused development, particularly in the C/R District. November 19, 2018 Public Hearing Nancy Radzevich, Community and Economic Development Director, introduced, Michael Horsting, Manager -Local Planning with the Regional Transportation Authority (RTA), who provided an overview of the RTA's Community Planning and Local Technical Assistance Program. He noted that this is the third time the RTA has worked with Morton Grove through this Program and commended the Village for continuing efforts to improve plans and codes for this area. Commissioner Kintner asked what other communities have participated in this program and Mr. Horsting responded that the RTA recently completed similar grant projects with Olympia Fields, Highwood, and Brookfield. Ms. Radzevich then presented and summarized the Plan Commission staff report dated November 15, 2018, which was entered, in its entirety, into the public record. (Attachment 1). Upon the completion of her presentation, she asked Michael Blue, Principal with Teska Associates, if he wished to add anything to the presentation. Mr. Blue stated that Ms. Radzevich's overview covered the main aspects of the proposed amendment. Chairperson Blonz asked the Commissioners if they had any questions of the Mr. Horsting, Mr. Blue, or staff. The Commissioners sought clarification of the newly crafted "Small Lot Single Family Dwellings" use, proposed as a special use in the R3 and C/R Districts and how it would function. Ms. Radzevich explained that this would allow for development of single-family homes on smaller Tots, which is reflective of the residential development on smaller lots which exists within the surrounding residential neighborhood. Further, as the use is only proposed as a special use, any such development proposal would be presented to the Plan Commission for review to ensure it would not have a negative impact. Commissioner Blonz inquired about the proposed development standards that require a minimum lot size of 1/4 of an acre (10,890 sq. ft.) with a minimum lot width of 30 ft. Ms. Radzevich explained that the 1/4 acre minimum references to the minimum land area required to do such an overall development. Mr. Blue further clarified that any Small Lot Development must also have a minimum of three (3) units; a single residential lot is not eligible for 2 small lot development approval. Mr. Blue continued that such a use in the zoning ordinance adds to the variety of residential uses that are currently desired throughout the region. . Staff also clarified Commissioners' inquiries on the market for small lot development. Ms. Radzevich noted that small lot development may not necessarily correspond with lower cost to buyers. She noted that a small lot development was recently done along Floral Avenue in Skokie, adjacent to their downtown and she believes those units were selling above market rate, emphasizing the demand for such a variety of development. Mr. Blue added that the market demand is mostly based on the desire for smaller Tots, to minimize yard maintenance, not smaller homes. The proposed reduced setbacks reflect this market desire. Ms. Radzevich further added that future small lot development residential units may be comparable to townhome units recently completed around the train station, such as the Lexington Walk, but more desirable to those who want.a stand-alone residence, without shared walls. Chairperson Bionz asked, in general, if the amendments will lead to 'a flood of cases' before the Commission. Ms. Radzevich stated that while the goal of the amendments is to enable and encourage desired types and levels of development identified in adopted Plans, and provide clarity and certainty of standards, it should not result in additional cases before the Commission. With respect to the Commercial land use table amendments, if these changes are adopted there may be a reduction in the number of targeted, time sensitive text amendment cases that staff might be bring forward to capture a desired retail use. She continued that the replacement of the existing very specific, retail use classifications with two proposed general types of retail use classifications, should eliminate the need for quick hit text amendments, that staff has brought forward in the past. Mr. Blue also stated that one of the best tools for an economic development standpoint is a modern, predictable code, and the proposed amendments strengthen the code in this regard. He noted the development community likes to work with towns that have their 'act together' and that as Morton Grove has this reputation, and these code changes will further this reputation. The Commissioners complemented the proposed amendments which prohibit parking lots and garages in front of buildings facing a public street in order to promote stretches of uninterrupted public sidewalk. Chairperson Blonz asked if the proposed amendments for facade design that require a certain level of transparency would impact LEED design requirements. Mr. Blue noted that LEED requirements focus on the window materials and not the amount of window area, as such, the proposed amendment should not impact a developers desire to utilize LEED design. Chairperson Blonz also asked about the proposed Environmental and Site Design Incentives for C/R District development, specifically the lack of specific items that would result in a development bonus. Ms. Radzevich noted the section was written specifically to allow flexibility and creativity in design and to allow review of a submission by the Commission to determine if a proposal warrants a height or density bonus. Mr. Blue further noted that in some communities such rigid quid pro quo regulations actually resulted in unintended consequences with developments that appear to meet the intent, but did not provide the level of desired benefits the community had hoped for. Mr. Blue further noted that the proposed bonuses related to environmental design are specifically allowed only through the Planned Unit Development (PUD) permit process, and as such, the overarching existing standards for review of a PUD would be included as part of the project review. The Commission reviewed and discussed the proposed amendments to selected parking requirements. Commissioner Farkas noted his belief that required parking added value to 3 developments. Ms. Radzevich noted that the bonuses are guidelines and correspond with standard transit oriented development parameters. She further noted these proposed modifications to the parking standards, like all the parking requirements, are considered to be advisory when a project is reviewed through the special use process. The Plan Commission still will recommend and the Board will still approve the overall number of parking spaces deemed necessary for a project, on a case by case basis. Mr. Blue further noted that this reduction factor is not a requirement and any developer that believes they need more parking for marketability can provide that additional parking as part of their development plan. He further noted that the current residential market has a great deal of flexibility noting that there are other area developments, located near transit, that were approved with significant reduced on-site parking. Chairperson Blonz asked for some additional clarification on the proposed Bed and Breakfast use and parking requirement. Ms. Radzevich noted that this use was added at the suggestion of Teska as a way to further encourage visitors to intended downtown commercial area. The parking requirements, as proposed, would require that the base level parking be provided for the residence — 2 spaces per dwelling unit for the single or two-family residence — and then one (1) additional space would be required for each bedroom that would be rented out. Commissioner Dorgan asked how Bed and Breakfasts would be regulated and monitored. Ms. Radzevich indicated that she does not foresee many, if any, of these uses coming through, but if someone proposes to create a bed and breakfast, there would be added requirements through life - safety and/or fire codes. Rick Dobrowski, Fire Prevention Bureau Coordinator, agreed. Further, when asked if they would be required to get a business license, Ms. Radzevich explained that the code was changed a few years ago where the Village now requires Business Compliance Certificates (BCC's) versus traditional business licenses. BCC's are required for all non-residential uses in the Village and, accordingly, anyone who was to seek to open a bed and breakfast would need to have an approved BCC to operate. Chairperson Blonz noted one additional question related to the use chart — he asked why Supermarket use was shown as being removed. Ms. Radzevich explained that Mr. Blue was the one who noted that the use table included Grocery Store uses, based on size, as well as a definition for Grocery Store in Code, but there is no definition for a Supermarket, which is simply another term for Grocery Store. As such, this proposed text amendment shows Supermarket as being removed, since it is already covered by the Grocery Store use classification and definition. Trustee Minx noted that the code indicates that the Grocery Store use over 10,000 sq. ft. refers the user to Supermarket. Since Supermarket is not defined, but Grocery Store is, she asked if that term should be eliminated from the Grocery Store use classification as well. The Plan Commission concurred. Chairperson Blonz noted a few grammatical errors, which staff agreed to address prior to submitting the text amendment to the Board. He commended the efforts of staff and the support of the RTA and Teska on the proposed amendments. Chairperson Bionz asked if there was anyone present that wanted to be heard, there was no response. Commissioner Gabriel made a motion to approve the text amendment as presented, Commissioner Dorgan seconded the motion. The motion then passed 6-0 (Khan absent). 4 MORTONAGROVE Incredibly Close t' Amazingly Open To: Chairperson Bionz and Members of the Plan Commission From: Nancy Radzevich, AICP, Community & Economic Development Director Dominick Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: November 15, 2018 Re: Pian Commission Case PC 18-12 — Text Amendments to Title 12 to Modify Selected Residential and Commercial Bulk, Density and/or Parking Standards for the R3 General Residence District, C1 General Commercial District, C2 Neighborhood Commercial, and CR Commercial Residential Zoning Districts of the Village of Morton Grove Unified Development Code (Ordinance 07-07) in Support of Transit Oriented Development and Economic Development Goals STAFF MEMORANDUM Public Notice The Village provided Public Notice for the October 15, 2018 Plan Commission public hearing for PC 18-12 in accordance with the Unified Development Code. The Pioneer Press published the public notice on September 27, 2018. As this request is for a text amendment, not a request for a specific site, public notice signs or notification letters were not required. At the October 15, 2018 public hearing staff requested a continuance to November 19, 2018, which was approved unanimously. Background With the adoption of the Lehigh -Ferris Tax Increment Financing District and subsequent creation of the C/R Zoning District, the Village has continually updated codes and planning documents to help encourage and promote higher density, compact, pedestrian oriented development around and adjacent to the Morton Grove Metra Station (8501 Lehigh Avenue). These efforts to create a transit -oriented development and "downtown" commercial area district are exemplified in various targeted plans, such as: fr Lehigh/Ferris Framework Plan — The Village approved this subarea plan in 2008, which was focused on encouraging higher density and/or mixed use developments around the Morton Grove Metra Station, and along Lincoln and Ferris Avenues. The Plan was created in order to build "upon prior planning initiatives which had identified the potential for this area to be redeveloped into a Transit -Oriented Development (TOD) neighborhood." Among the implementing strategies was the refinement of the Village's zoning code to ensure that its "requirements do not present any barriers to or conflicts with the development concepts". Strategic Plan -- In 2014, the Village, with input from residents, drafted and adopted a 5 year Strategic Plan. Among that Plan's goals was to establish a framework for a pedestrian friendly commercial downtown TOD area. Industrial Area Plan — In October 2014, the Village approved an Industrial Areas Plan for Morton Grove's manufacturing districts, which are primarily located south of the Morton Grove Metra Station. Based on input received from the various business owners, one of the key recommendations of this Plan was to, "...Investigate and update zoning districts to ensure compatibility with adjacent uses and the optimality of desired businesses and associated growth..." [and to] "....create a lively and accessible downtown..." as an amenity to the significant workforce in this area. PC 18-12 Proposed Text Amendments November 15, 2018 In 2016, the Village applied for and was awarded a grant through the Regional Transit Authority's (RTA) and Chicago Metropolitan Agency for Planning's (CMAP) 2016 Community Planning Program and Local Technical Assistance Program for assistance in updating the Village's zoning code for the area adjacent to the Morton Grove Metra Station (while the rnap below shows an area within 1/2 mile of the Morton Grove Metra station, the grant was not specifically limited in distance). Although initially intended to run through 2017, due to staffing changes at the RTA and conflicting workload issues at the Village, the RTA agreed to extend the grant through 2018. The RTA solicited qualifications from various firms and ultimately hired Teska Associates to review and assist in drafting the proposed Transit Oriented Development ("TOD")-related code updates for the zoning districts around and/or within close proximity to the train station — specifically the C1, C/R, and R3 Districts. Building on this grant work, the Village included some additional amendments, particularly to the use classifications and to provide some consistency for certain types of developments in these three Districts, as well as the C2 District. MEADOW rR1lRlE CIAURCNfLi 8 S O S GREENWOoc N RRRGM4 1 FLM MAIN DEMPSTER 5MRNW000 CArvuNA qO Elm MAYFAIR d WASNIMGToN WARM RIVER FOREST CARNI CARQ CRAM 5ou[N PARK GROVE 2 Area within '/z mile of the Morton Grove Metra Station 2 MAIN WASNINRTGN C{EVEIANG KRA PC 18-12 Proposed Text Amendments November 15, 2018 IF mil: iL.:_ �_L11{! ,„ ' . ?l 3 wEYW7FR Y7 1 i _, Li 'II I- I x iII - �' " i r* - 1---7.7 , i _ _O� Z 11 J_' r __ 71 _ -7 - OtMR� _ -� 1 _ OGHITT R3, , `� = ; - _: _; - i ,. 1 CAPILIRAW O1PYLiA IM CW WRAAV .___,, ,- 5 TPARRAV 1 • f R3 Village of Morton ert 11! If WNf1' r Tr Grove Zoning Map Near Metra Station VlMHINp1WI$T ��J��_ fql i I !AIMPISON J IIIc _J ;1�r:- WRFC* ST The attached document only includes those sections of the code with text amendments. Staff notes that all currently proposed text amendments are highlighted in yellow -- and text that is proposed to be added is also shown as bold. underlined text, while language that is proposed to be removed as part of this text amendment is shown as thik -tbrottejli-t-ext The attached document also shows the recently adopted text amendment language resulting from Plan Commission Case PC#18-11. Staff notes that when that proposed text amendment was presented to the Village Board for the first read, some of the Trustees raised a concern as to having the decision regarding whether certain uses (fitness center, commercial schools, etc.) would be permitted or special uses be within the sole discretion of the Village Administrator. In addition, some Trustees were uncomfortable with allowing Liquor Stores, Microbrewers, and Taverns, Bars and Cocktail Lounges to potentially be allowed as permitted uses (through the administrative review process). As such, the Village Board asked for some changes that would: 1) change the administrative review process such that it would require unanimous support from the corporation counsel, plan commission chairperson, and the building official, in addition to the village administrator (this mirrors the review process required for a minor amendment to a special use); and 2) to keep Liquor Stores, Microbrewers, and Taverns, Bars and Cocktail Lounges as special uses. This modified amendment was adopted on November 12, 2018 and all the recent changes to the code, as approved by the Village Board, are shown in blue hiahliighted, bold, underlined text. 3 PC 18-12 Proposed Text Amendments November 15, 2018 Discussion The proposed text amendment seeks to facilitate the Village's established goal to support and encourage a transit -oriented, pedestrian friendly, active and accessible neighborhood area around the Metra train station. Specifically, with this text amendment, the Village intends to: • "Clean up" some of the use classifications and associated definitions to enhance clarity and/or to better address changing market demands; • Amend some of the density controls — particularly for multifamily, attached dwellings and/or mixed use developments — to resolve inconsistencies and to better reflect actual potential development; • Amend some of the development standards for specific developments, particularly in the C/R District, to better reflect some of the goals established in the Lehigh -Ferris Framework Plan; • Add/amend select parking regulations based on proximity to the train station and/or public parking lots and to address the need for visitor/guest parking; and • Establish design standards to enhance and further encourage active pedestrian -focused development, particularly in the C/R District. Commercial Use Classifications/Definitions As with the Manufacturing Code Update (Ord. 17-09), Staff is proposing amendments to "dean up" some of the Commercial Land Use classifications (Sec. 12-4-3:D), particularly related to retail and commercial service uses. The Unified Development Code is a permissive code which means that if a use is not specifically listed as an allowed use within a zoning district, then it is not allowed. The Code does not provide discretionary authority for the Village Administrator or other designee to permit "similar" types of uses. As written, the existing allowed land uses within the commercial districts are often so specific that adaptability to the ever changing market -place is challenging. Currently, if a specific use is not listed, the only remedy to allow such a use is by the adoption of a text amendment to specifically include the new use classification and any associated definitions. Within the Commercial Districts, the current code does not include any general classifications based on the types of retail goods and/or potential impacts, which is common in other municipal codes, but instead lists very specific retail uses such as: Antique Shops; Book, Magazine and Newspaper Stores; China and Glassware Shops; Shoe Stores, and Toy Shops among others. This type of use classification system is overly complicated, often results in outdated classifications (i.e. Telegraph and Telephone Company Stores), and may actually prohibit certain types of desired businesses, simply because they are not specifically listed in the use table. As part of this effort to simplify and streamline the code, particularly for the areas adjacent to and within dose proximity to the train station, staff is proposing changes to the use classifications and definitions as follows: 1. Replace the specific retail use classifications with two more general types of retail use classifications — General Retail Goods Establishment, which includes such retail uses as shoe, jewelry, toy, etc. stores that can easily be located in any commercial district, and Home Finishes & Treatments — Retail, which includes establishments such as wall paper, drapery, floor tile, etc. stores that are more appropriately located in the C1 or C2 Districts as opposed to "downtown" areas within the C/R District; 2. Expand the number of current uses classified under the existing Commercial Services use classification and definition, such as Interior Decorating Shops, Locksmith Shops and Picture 4 PC 18-12 Proposed Text Amendments November 15, 2018 Framing. In addition, Staff notes that some of the current uses listed in the table are already specifically referenced in the existing Commercial Service definition as examples of such use — including shoe repair and tailors; staff is proposing to 14clean up" the use table by eliminating separate listings for these; 3. Combine some similar uses into singular classifications — for example, Beauty Parlors and Barber Shops are currently listed separately; staff is proposing to combine these into one classification; 4. Create new classifications and definitions for Bed and Breakfast and Theater uses; and 5. Generally clean up some existing classifications and/or associated notes, to provide more clarity as to intent. If this text amendment is approved, the total number of uses listed in the Commercial Districts will be reduced from 151 to 113. By adding these more encompassing use definitions such as General Retail Goods Establishment and Home Finishes & Treatments — Retail, and by better utilizing the existing Commercial Services definition, the Village will have greater ability to respond to the changing marketplace for these types of uses and reduce confusing and outdated language, while still ensuring the desired level of added review, as warranted, for other uses that can potentially have impacts on abutting properties and/or infrastructure. New Residential Use Classification/Development Standards In addition to the Manufacturing Districts to the south and southeast, the area around the train station is generally zoned R3 General Residential District and C/R Commercial Residential District. The Unified Development Code describes the R3 District as intended to, in part, "...provide a residential environment of medium density residential development incorporating single-family, two-family, and multiple -family dwelling structures..." and the CR District as intended to, in part, "....to provide a higher density of residential use than in the R-3 general residence district and associated neighborhood commercial uses which service this higher density residential use." To build upon the intent of the R3 and CR Districts and provide for some alternate housing development opportunities based on current market demand, Staff with the support of Teska Associates, is proposing to add a new dwelling use classification in the R3 and C/R Districts for Small Lot Single Family Dwellings. This new use classification would allow for the development of single-family homes on smaller lots, similar to the Floral Avenue single-family development in Skokie. This type of use classification allows for higher density single-family development, which is an increasingly desirable market for both first time home -buyers as well as empty nesters looking to downsize, and who are seeking an alternative to a townhome or condominium. Staff worked with Teska, to set up some base development standards for this new use classification, that will allow reduced sized lots, but in such a way that the development will be consistent with some of the existing development patterns in R3 as well as some of the R2 District neighborhoods that surround the TOD area, Because these are special types of developments, Teska and Staff are suggesting that development standards be included within a new subsection of Section 12-5, Special Zoning Provisions. The new 12-5-10 subsection includes all of the development standards and density controls for this type of development. Among the proposed standards is that the minimum lot width would be 30 ft., which is comparable to some of the existing smaller lots in the adjacent R2 District and reduced setbacks to additionally accommodate development on these smaller lots. Updates to the Development Standards 5 PC 18-12 Proposed Text Amendments November 15, 2018 In reviewing the development standards for Multiple -Family (including multi -family and/or attached dwellings) and Mixed Use Developments in C1 and C2 District (Section 12-5-4 and 12-5-6), Staff found some inconsistencies and/or discrepancies in the development standards. For example, in Section 12-5-4:C, the current minimum lot area per dwelling unit (Le. density) is 24 units per acre for both mufti -family and attached dwellings. While this is an appropriate density for multi -family developments such as mid -rise condominiums, this is unrealistic for attached dwellings, which are typically 16-18 units per acre. In addition to fixing these standards in C1 and C2, Staff is proposing similar density adjustments, as applicable, for multi -family and attached dwellings in the R-3 and C/R Districts, such that there is consistency throughout the code for these types of developments. In addition to fixing these types of density inconsistencies, Staff in consultation with Teska Associates, also reviewed the setback requirements and found similar types of discrepancies/inconsistencies. For example, in the C1 & C2 Districts, commercial and mixed use buildings are allowed to have 0 ft. front setbacks; however, the current code requires 25 ft. for multiple family developments. Such significant deviations in front setbacks would create awkward streetscape lines if sited next to each other. Staff is suggesting 15 ft. setbacks for residential developments, which will provide some necessary "relief" and yard for the residents who reside within the building, while providing for more subtle deviations in the streetscape lines. Staff is also proposing adjustments to the side and rear setbacks to better reflect actual potential development standards for such multiple -family and/or mixed use developments, For example, in the C/R District, currently a commercial use is required to have a 10 ft. rear yard setback when abutting an alley, but only a 5 ft. setback when not abutting an alley. This could potentially have adverse impacts if the new commercial structure is built 5 ft. from the shared property line with a single family residence. Staff in consultation with Teska, reviewed all the side and rear setback regulations and are proposing changes for Mufti -family and Attached Dwelling, as necessary, to better reflect actual development patterns, to ensure consistency for such development in the districts where they are permitted, and to provide some enhanced buffering when such developments directly abuts a residentially zoned property. Updates to Select Parking Provisions/Standards Given this grant is, in part, intended to help promote transit goals, Teska and Staff are also proposing some adjustments to the current provisions of the code (Sec. 12-5-7:2) that allow for slight reductions in the parking requirements, when developments are located within a certain distance of the train station or a shared municipal parking lot. Currently, the code allows for a 15% and 10% parking reduction for developments located within 300 feet and 600 ft., respectively, from a commuter rail station or a municipal parking lot. Staff is proposing to increase these distances from 300 ft. to 1/8 mile (660 ft.) for the 15% reduction and from 600 ft. to 1/4 mile (1,320 ft.) for the 10% reduction. The use of 1/8 mile and 1/4 mile increments are more standard distance markers when considering "walkable" TOD related design parameters. While this reduction may be well-suited for residents who choose to live by the train to either reduce or eliminate their need for a car, it does not address the issue of how to accommodate visitor parking for multiple family developments. As such, Staff is proposing to require guest parking for developments with 10 or more units as follows. The proposed amendment includes a minimum of 0.15 additional parking space/unit for mufti -family development and 0.2 additional parking space/unit for attached dwellings development to accommodate on-site visitor parking demands. Parking requirements for the new proposed Bed and Breakfast use are also included. 6 PC 18-12 Proposed Text Amendments November 15, 2018 For multiple -family developments in the C1 and C2 Districts and all developments in the C/R District, the proposed amendments would prohibit parking lots and garages in front of buildings facing a public street and require access to parking to be from an alley or private drive off of the side or rear (Section 12-5-4:G.4 and Section 12.12-5-7:J). This provision would promote stretches of uninterrupted public sidewalk to encourage pedestrian traffic from residential buildings to area commercial developments and will also improve the streetscape for these types of developments. Finally, as a "clean up" measure, staff, at the suggestion of Teska, is proposing to eliminate the specified parking requirement listed in Section 12-5-4:G.1 for multiple -family residential structures. This requirement is repetitive and accordingly staff is proposing to add a note referencing the established parking requirements in Chapter 7 "Off Street Parking and Loading". This not only eliminates a repetitive standard, but also helps to reduce any potential future inconsistencies, if the overall parking standards in Chapter 7 are ever updated/amended. Additional Design/Development Standards in the C/R District Along with appropriate density, vibrant pedestrian focused streetscapes also engage street level activity. In support of this and at the recommendation of Teska, the proposed text amendment includes some design standards to facilitate pedestrian friendly developments. To encourage such pedestrian -focused developments, Staff is proposing base level standards such as establishing minimum window area and height requirements along the street facade, prohibiting tinted or screening of windows; and imposing limitations on the amount of the window area that can be covered by opaque materials, including signage, plaques, etc. These regulations also help codify a goal of the Lehigh/Ferris Plan which is to provide facade transparency along designated streets. Summary of Amendments In Support of Transit Oriented Development The proposed text amendments as shown in full in the attached document will help the Village to continue to move forward with the goal to refine requirements and remove barriers to a desired active pedestrian oriented downtown area centered around the Morton Grove Train Station. The amendments codify and establish an administrative framework, beyond goals of past plans, to create such a lively and accessible downtown. The amendments provide for increased density, adjusted parking regulations, and design standards which are responsive to market demands, reflect established development patterns, and provide increased levels of consistency. In addition, through this amendment, the overall commercial land use table is cleaned up/modified to provide added clarity, to remove some outdated classifications, and to provide new use classifications that are more appropriately drafted for current market demands/trends. Recommendation If the Plan Commission supports this text amendment, Staff suggests the following motion: Plan Commission recommends approval of Case #PC18-12 for Text Amendments to Title 12 to modify selected residential and commercial bulk, density and/or parking standards in support of transit oriented development and economic development goals for the R3 General Residence District, C1 General Commercial District, C2 Neighborhood Commercial, and CR Commercial Residential Zoning Districts of the Village of Morton Grove Unified Development Code (Ordinance 07-07), per Exhibit 1, attached. Attachments: - Application Proposed Amendment to Section Grove Unified Development Code (Ordinance #07-07) - Exhibit 1 — PC 18-12 Proposed Text Amendment 7 LEGAL NOTICE — PUBLIC HEARING VILLAGE OF MORTON GROVE, ILLINOIS PROPOSED BUDGET REQUEST — 2019 CALENDAR YEAR The Village of Morton Grove will hold a public hearing at 7:OOpm on Monday, November 26, 2018, at the Richard T. Flickinger Municipal Center, 6101 Capulina Avenue, Morton Grove, Illinois for the purpose of hearing written or oral comments from the public concerning the proposed annual budget for the calendar year ending December 31, 2019, as contained in the proposed budget summarized below: Fund # Fund 2019 Expenses 02 General Fund Legislative $ 119,000 Media/Communication $ 42,440 Administration $ 639,575 Legal $ 320,600 Community & Economic Development $ 288,900 Finance $ 2,886,081 Information Technology $ 669,281 Reserves $ 40,000 Police & Animal Control $11,160,966 Fire & EMA $ 8,910,061 Public Works $ 4,052,010 Family & Senior/Civic Center $ 250,568 Building & Inspectional Service $ 865,050 Municipal Buildings $ 952,190 General Fund Sub Total $31,196,722 General Operations 03 Motor Fuel Tax $ 782,850 07 Emergency 911 $ 300,000 18 Commuter Parking $ 127,650 20 Debt Service $ 1,995,307 30 Capital Projects $ 1,480,000 40 Water & Sewer $10,947,039 41 Fire Alarm $ 259,000 42 Municipal Parking $ 13,700 43 Solid Waste $ 2,046,425 54 Seizure $ 290,000 MG Days $ 145,000 General Operations Sub Total $18,386,971 TIF/Economic Develop 13 Dempster -Waukegan TIF $ 1,343,950 15 Lehigh -Ferris TIF $ 3,890,960 16 Economic Development $ 822,119 17 Waukegan Road TIF $ 2,000 TIF/Economic Develop Total $ 6,059,029 Non -Pension Total $55,642,722 Pensions* 51 Municipal Employees Retire $ 1,176,000 52 Firefighters Pension $ 3,555,000 53 Police Pension $ 3,805,600 Pensions Total $ 8,536,600 Library $ 3,424,163 Village and Library Total $67,603,485 *Excludes IMRF, SLEP and OPEB Liabilities Copies of the proposed annual budget shall be posted on the Village's website http://www.mortongroveil.org/ and made available for public inspection in the office of the Village Administrator during normal business hours at the Richard T. Flickenger Municipal Center, 6101 Capulina Ave., Morton Grove, Illinois and at the Morton Grove Public Library, 6140 Lincoln Ave., Morton Grove, Illinois for a period of at least 10 days prior to approval Sincerely, Ralph E. Czerwinski Legislative Summary Resolution 18-59 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLEAN CUT TREE SERVICE, INC. FOR THE 2019 TREE TRIMMING PROGRAM Introduced: Purpose Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: November 26, 2018 To authorize the Village Administrator to execute a contract renewal with Clean Cut Tree Service, Inc. for the 2019 Tree Trimming Program. Trees in rights-of-way and Village -owned properties. The Village has an annual program, dependent on funding appropriations, to trim trees within the Village's rights-of-way and property. The Public Works Department considers it to be cost-effective to hire a contractor to trim the trees. Clean Cut Tree Service, Inc. performed the work satisfactorily in 2018 and is available to complete the work in 2019. Public Works. The estimated contract value is $50,000. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Account #025017 -552250 -Contractual Tree Trimming and Removal The Public Works Department as part of their normal work activities performs the management and implementation of the program. Approval as presented. N/A None Respectfully submitted: / Ra Prepared by: Reviewed by: iI t- Czerwinski, i' lage Administrator •.eph J.`i. , Director Public Works Chris Tomich, Village Engineer Reviewed by: Teresa Hoff ' . iston, Corporation Counsel RESOLUTION 18-59 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT EXTENSION WITH CLEAR CUT TREE SERVICE, INC. FOR THE 2019 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 2019 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 right-of-ways and properties; and WHEREAS, Resolution 18-01 approved the bid of Clear Cut Tree Service, inc. for the 2018 Tree Trimming Program and included a provision for renewal terms in 2019 and 2020; and WHEREAS, Clear Cut Tree Service, Inc. performed the work for the tree trimming program in a satisfactory manner in 2018 and is willing and available to complete the work in 2019; and WHEREAS, funding for the above work in the amount of $50,000 is included in the Village of Morton Grove 2019 Adopted Budget as account number 025017-552250, Contractual Tree Trimming and Removal. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: Section 1. The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. Section 2. The Village Administrator is hereby authorized to execute a Letter of Agreement included in Exhibit "1" extending the contract for the 2018 Tree Trimming Program with Clear Cut Tree Service, Inc. in an amount not to exceed $50,000.00. Section 3. The Village Administrator, Director of Public Works, Village Engineer and their designees are hereby authorized to take all steps necessary to oversee and implement this contract. Section 4. This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26th DAY OF NOVEMBER 2018 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 26th DAY OF NOVEMBER 2018 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27th DAY OF NOVEMBER 2018 Eileen Scanlon Harford, Village Clerk Village of Morton. Grove Cook County, Illinois Department of Public Works 7840 N. Nagle • Morton Grove, IL 60053 November 27, 2018 Ms. Kelly Kelly, President Clean Cut Tree Service, Inc 31064 North Illinois Route 83 Grayslake, Illinois 60030 ELNE[JIEF "i • MORTON, Q. -ROVE Subject: 2019 Tree Trimming Program Contract Extension Dear Ms. Kelly: Incredibly Close -; ,Amazingly Open Clean Cut Tree Service, Inc. performed work in 2018 for the Village of Morton Grove's Tree Trimming Program. The Village desires to extend the contract for one year and understands Clean Cut Tree Service, Inc. desires to extend the contract as well. The Contract terms and conditions will remain the same as the original Contract. You must submit and updated Contract Bond and an updated Certificate of Insurance. Your signature below will indicate your concurrence to extend the Contract as described above. Sincerely, Ralph E. Czerwinski Village Administrator Concur: Kelly Kelly, President Cc: Mr. Joseph J. Dahm, Director of Public Works 6I01 Capulina Avenue k Morton Grove, IL 60053-2985 Tel: 847 470-4235 =4 wwwmortongroveil.org -,' Fax: 847 965-9511 Legislative Summary Resolution 18-60 AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY TIERED APPROACH TO CORRECTIVE -ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN HARLEM & SHERMER SERVICE, INC. AND THE VILLAGE OF MORTON GROVE RELATING TO THE PROPERTY LOCATED AT 9021 HARLEM AVENUE Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Considers or Requirements: Respectfully submitted: November 26, 2018 The Highway Authority Agreement to be approved pursuant to this resolution will limit access to soil on rights-of-way under the Village's jurisdiction abutting 9021 Harlem Avenue, which might be contaminated as a result of underground storage tanks which are or were at 9021 Harlem Avenue. The supplemental agreement requires the owner/operator to indemnify and hold the Village harmless from losses directly or indirectly arising out of or in connection with the release of contaminants from the site or the existence of contaminants from the site and to reimburse the Village. Harlem & Shermer Service, Inc. owns the property located at 9021 Harlem Avenue. At one time, underground storage tanks were present at the site and contaminants were released from the underground storage tanks. Harlem & Shermer Service, Inc. has the responsibility of removing these contaminants to IEPA standards. In order for Harlem & Shermer Service, Inc. to receive a "No Further Remediation" letter from IEPA, the agency requires Harlem & Shermer Service, Inc. and the Village to enter a Highway Authority Agreement with respect to that part of the rights-of-way near the site. The Highway Authority Agreement will prohibit potable and domestic uses of ground water within the alley, limits access to the Village and others to the soil within the alley, with respect to conditions where human health and the environment are protected. The Agreement does not prohibit the village from constructing, reconstructing, improving, repairing, or maintaining the rights-of-way. The Agreement shall remain effective until the right-of-way is demonstrated to be suitable for unrestricted use and the IEPA issues a "No Further Remediation" letter. This resolution will also approve the supplemental agreement between Harlem & Shermer Service, Inc. and the Village whereby Harlem & Shermer Service, Inc. will reimburse the Village for reasonable costs incurred in performing site investigations and for costs incurred by the Village to remove any contaminants, and will indemnify and hold the Village harmless for any loss associated with the release of contaminants or the existence of contaminants in the right-of-way. Public Works and Legal Departments None. N/A The Public Works Department shall administer and monitor the contract as part of its normal workload. Approval as presented. N/A None 4/ Reviewed by: Ralh1E. Czerwinski, Vil ..e Administrator Prepared by: / ` Reviewed by: Chris Tomich, Village Engineer tor Public Works Teresa Hoff r an ' :n, Corporation Counsel RESOLUTION 18-60 AUTHORIZING A HIGHWAY AUTHORITY AGREEMENT AND AN ILLINOIS ENVIRONMENTAL PROTECTION AGENCY TIERED APPROACH TO CORRECTIVE -ACTION OBJECTIVES SUPPLEMENTAL AGREEMENT BETWEEN MR. RICHARD FONTAGNERESS AND THE VILLAGE OF MORTON GROVE RELATING TO THE PROPERTY LOCATED AT 9021 HARLEM AVENUE 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, Harlem & Shermer Service, Inc., also referred to in this agreement as owner/operator, is the owner or operator that property commonly known as 9021 Harlem Avenue, Morton Grove, Cook County, Illinois (the site); and WHEREAS, one or more leaking underground storage tanks presently are or formerly were located on the site; and WHEREAS, owner/operator has completed an evaluation of the site and has determined there is no risk to human health and the environment with the use of proper institutional controls; and WHEREAS, soil and groundwater contamination at the property boundaries may extend into the rights- of-way abutting the site; and WHEREAS, the rights-of-way was under the Village's jurisdiction; and WHEREAS, as a result of one or more releases of contaminants from the referenced underground storage tanks, soil and/or ground water contamination at the site exceeds the Tier One Residential Remediation Objectives of 35 Ill. Admin. Code Part 742; and WHEREAS, the soil and/or ground water concentrations exceeding the Tier One Residential Remediation Objectives extends or may extend into the rights-of-way; and WHEREAS, the owner/operator is conducting corrective action in response to the above referenced releases; and WHEREAS, the parties desire to prevent ground water beneath the rights-of-way and property which exceed the Tier One Residential Remediation Objectives from use as a supply of potable or domestic water and to limit access to soil within the rights-of-way and property which exceeds the Tier One Residential Remediation Objectives; and WHEREAS, Illinois Environmental Protection Agency has required the owner/operator to enter into the attached Highway Authority Agreement with the Village of Morton Grove in order to receive a closure letter; and WHEREAS, the Highway Authority Agreement will protect human health and the environment; and WHEREAS, the Supplemental Agreement will reimburse the Village for any costs which it incurs regarding the investigation or removal of contaminants, and will indemnify and hold the Village harmless from any loss associated with the release of contaminants from the site or the existence of contaminants in the right- of-way; and WHEREAS, the Corporate Authorities believe it is in the best interest of the health, safety and welfare of the community to enter into these agreements. 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 of the Village of Morton Grove hereby approve the attached Highway Authority Agreement and Tiered Approach to Corrective Action Objectives Supplemental Agreement between Harlem & Shermer Service, Inc. and the Village of Morton Grove relating to that property commonly known as 9021 Harlem Avenue, Morton Grove, Cook County, Illinois, and regarding the Village's rights-of- way abutting 9021 Harlem Avenue. SECTION 3: The Village Administrator and/or his designee is hereby authorized to execute the agreement and the Village Administrator and the Director of Public Works and/or their designees are hereby authorized to take all steps necessary to implement and enforce the agreements. SECTION 5: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26th DAY OF NOVEMBER 2018 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 26th DAY OF NOVEMBER 2018 Daniel P. Di.Maria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 26th DAY OF NOVEMBER 2018 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois HIGHWAY AUTHORITY AGREEMENT This agreement is entered into this day of , 20 , pursuant to 35 Illinois Administrative Code 742.1020 by and between Harlem & Shermer Service, Inc. (Harlem & Shermer) as the `Owner/Operator" and the Village of Morton Grove "Highway Authority", collectively known as the "Parties". Whereas, Harlem & Shermer is the owner or operator of one or more leaking underground storage tanks formerly located at 9021 North Harlem Avenue, Morton Grove, Cook County, Illinois 60053 (the "Site"); Whereas, as a result of one or more releases of contaminants from the above referenced underground storage tanks "the Release", soil and/or groundwater contamination at the site exceeds the Tier I remediation objectives of 35 111. Admin. Code 742; Whereas, the soil and/or groundwater contamination exceeding Tier 1 remediation objectives extends or may extend into the Highway Authorities right-of-way; Whereas, the Owner/Operator is conducting Corrective Action in response to the Release; Whereas, the Parties desire to prevent groundwater beneath the Highway Authority's right of way that exceeds Tier 1 remediation objectives from use as a supply of potable or domestic water and to limit human access to soil within the right of way that exceeds Tier 1 remediation objectives so that human health and the environment are protected during and after any access; Now, therefore, the Parties agree as follows: 1. The recitals set forth above are incorporated by reference as if fully set forth herein. 2. The Illinois Emergency Management Agency has assigned incident number 16-0712 to the Release. 3. Attached as Exhibit A is a scaled map prepared by the Environmental Consultant of the Owner/Operator that shows the Site and surrounding area and delineates the current and estimated future extent of soil and groundwater contamination above the Tier 1 remediation objectives as a result of the Release. 4. Attached as Exhibit B is a table prepared by the Environmental Consultant of the Owner/Operator that lists each "contaminant of concern", as defined by 35 111. Admin. Code 724.200, which exceeds its Tier 1 remediation objective, its Tier 1 remediation and its concentration within the zone where Tier 1 remediation objectives are exceeded. The locations of the concentrations listed in Exhibit B are identified on the map in Exhibit A. 5. Attached as Exhibit C is a scaled map prepared by the Environmental Consultant of the Owner/Operator showing the area of the Highway Authority's right-of-way that is governed by this agreement ("Right of Way"). Because Exhibit C is not a surveyed plat, the right of way may be an approximation of the actual right of way lines. 6. The Highway Authority stipulates it has jurisdiction over the right of way that gives it sole control over the use of the groundwater and access to the soil located within or beneath the right of way. 7. The Highway Authority agrees to prohibit within the right of way all potable and domestic uses of groundwater exceeding the Tier 1 residential remediation objectives. Page 1 of 4 8. The Highway Authority further agrees to limit access by itself and others within the right of way exceeding the Tier 1 residential remediation objectives. Access shall be allowed only if human health (including worker safety) and the environment are protected during and after any access. The Highway Authority may construct, reconstruct, repair, maintain and operate a highway upon the right of way, or allow others to do the same by permit. In addition, the Highway Authority and others using or working in the right of way under permit have the right to remove soil or groundwater from the right of way and dispose of the same in accordance with applicable environmental laws and regulations. The Highway Authority agrees to issue all permits for work in the right of way, and make all existing permits for work in the right of way, subject to the following or a substantially similar condition: As a condition of this permit the permittee shall request the office issuing this permit to identify sites in the right of way where a Highway Authority Agreement governs access to soil that exceeds the Tier 1 remediation objectives of 35 111. Admin. Code 742. The pennittee shall take all measures necessary to protect human health (including worker safety) and the environment during and after any access to such soil. 9. This agreement shall be referenced in the Agency's no further remediation determination issued for the Release. 10. The Agency shall be notified of any transfer of jurisdiction over the right of way at least 30 days prior to the date the transfer takes effect. This agreement shall be null and void upon the transfer unless the transferee agrees to be bound by this agreement as if the transferee were an original party to this agreement. The transferee's agreement to be bound by the terms of this agreement shall be memorialized at the time of transfer in a writing "Rider" that references this Highway Authority Agreement and is signed by the Highway Authority, or subsequent transferor, and the transferee. 11. This agreement shall become effective as a Highway Authority Agreement on the date the Agency issues a no further remediation determination for the Release. It shall remain effective as a Highway Authority Agreement until the right of way is demonstrated to be suitable for unrestricted use and the Agency issues a no further remediation determination to reflect there is no longer a need for this agreement; or until the agreement is otherwise terminated or voided. 12. In addition to any other remedies that may be applicable, the Agency may bring suit to enforce the terms of this agreement or may, in its sole discretion, declare this agreement null and void if any of the Parties or any transferee violates any term of this agreement. The Parties or transferee shall be notified in writing of any such declaration. 13. This agreement shalt be null and void as a Highway Authority Agreement if a court of, competent jurisdiction strikes down any part or provision of this agreement. 14. This agreement supersedes any prior written or oral agreements or understandings between the Parties on the subject matter addressed herein. It may be altered, modified, or amended only upon the written consent and agreement of the Parties. 15. Any notices or other correspondence regarding this agreement shall be sent to the Parties at the following addresses: Manager, Division of Remediation Management Bureau of Land Illinois Environmental Protection Agency P.O. Box 19276 Springfield, Illinois 62974-9276 Page 2 of 4 If to the Owner / Operator: Guerino Marini Harlem & Shermer Service Station 9021 North Harlem Avenue Morton Grove, Cook County, IL 60053 If to the Highway Authority: Village of Morton Grove Attn: Village Administrator 6101 Capulina Avenue Morton Grove, Illinois 60053 16. This agreement is not binding upon the Village of Morton Grove until it is executed by the undersigned representative of the Village of Morton Grove. Prior to execution by the undersigned representative of the Village of Morton Grove this Agreement constitutes an offer by the "Owner/Operator". The duly authorized representatives of the Owner/Operator have signed this Agreement and this Agreement is binding upon them, their successors and assigns. 17. The IEPA must review and approve this Agreement, and this Agreement shall be referenced in the IEPA's "No Further Remediation" determination in the chain of title for the Site in the county where the Site is located. This Agreement shall be null and void as a Highway Authority Agreement should the TEPA not approve it or should it not be referenced in the "No Further Remediation" determination, provided, however, that this Agreement shall be effective between the Owner/Operator and the Village of Morton Grove immediately upon signature by their representatives. 18. Violation of the terms of this Agreement by Owner/Operator, or their successors in interest; may be grounds for voidance of this Agreement by the Village of Morton Grove as a Highway Authority Agreement. Violation of the terms of this Agreement by the Village of Morton Grove will not void this Agreement, unless the IEPA has determined that the violation is grounds for voiding this Agreement as a Highway Authority Agreement and the Village of Morton Grove has not cured the violation within such time as IEPA has granted to cure the violation. 19. This Agreement is entered into in recognition of laws passed by the Illinois General Assembly and regulations adopted by the Illinois Pollution Control Board which encourage a tiered -approach to remediating environmental contamination. This Agreement is entered into by the Highway Authority in the spirit of those laws and under its right and obligations as a highway authority. Should any provisions of this Agreement be struck down as beyond the authority of the Highway Authority, however, this Agreement shall then be null and void. IN WITNESS WHEREOF, Owner/Operator, Harlem & Shermer Service, Inc., has caused this Agreement to be signed by its duly authorized representative. BY: DATE: Owner Page 3 of 4 IN WITNESS WHEREOF, the Village of Morton Grove has caused this Agreement to be signed by its Administrator or other duly authorized Agent. Village of Morton Grove BY: DATE: Village Representative Page 4 of 4 IBJ Summary of Soil Analytical Results - Early Action 2 0 16-5229-008 O� 7 C.. rY 16-5229-007 1 rye. 16-5229-006 a 0 2 0 rn N DYNAIVIIIC ENVIRONMENTAL SERVICES r ou rn 2 rimmt •0 O Contaminants of Concern: r' 00 O O V V r v -i V r -- r, n r 00 n O tr.; 0 O Cr: V N Vcia(24 eN C17 aZ .01 v1 �n �n 1,1 u -r C+a a to OA b4 bA bA 0 ai Summary of Soil Analytical Results - Stage 1 Site Investigation MW -3 C r 17-3675-005 MW -2 8'-9' a • 17-3675-004 MW -2 4-6' r P 17-3675-003 MW -I 6'-7' r 17-3675-002 n N 9 Most Stringent M O N N 00 \CS 00 ao O 00 V v r. V v V v t- 0 M `.a 00 000 0 00 V o O ✓ V V t7 V t- o O M 0' H 00 v O o ✓ v V if] V 0 N N rn r - n 00 0. V 0 ✓ v v'1 V v 1/40 4.4 0 E t,kr, Cg 0 N kr, v-, col -34 01) 04 ca c 74 d Et E-1 al o ® €, 14, 61 n N wro Summary of Soil Analytical Results - Stage 1 Site Investigation N CO r e�a 00 In V vi V V V ts- 0 a; N 0 e�•a 0b 0 V V 00 00 00 0 ra vi V 00 0 0 V 0 00 00 0 vi V V 00 0 cV 0 V rn 00 e_+f N 00 0 tn V V 0 V 0 0 0 0 m 0 0 0 20 (31D C cD 415 E 0 o qtr) 74 a conA v-� tn bA bA bq bA bJ7 ttz C a v Summary of Groundwater Analytical Results - Stage 1 Site Investigation DYNAMIC ENVIRONMENTAL SERVICES U-3834-007 17-3834-006 h 2 fl 17-3834-005 17-3834-004 n r!f 6a 17-3834-003 17-3834-002 n P. 0 17-3834-001 11 0 r N O N r vi O 0 0 V V V 0 V'1 V env 0 vi V O 0 0 V V V V N n cc r- r N 1-- O V V i C7 al C V °' V 0 V ni V r• -t V V V V V O O O tri V r- n O O ✓ V C7 V 0 a kr) L�1 11 in in 444 Summary of Soil Analytical Results - Stage 2 3 Site Investigation 0 M 00 N 0' M 00 a N 18-1631-002 00 18-1611-001 DYNAMIC IWV/ RONMENTAL SERVICES (14 Ci (10 6 174 0 6 I.n 4.0 2 a) 0 0 oro 15.4 GO CZ 00 00 0s u� V u� V u� V kn V 00 00 00 PSE W) V wi V vi V wi V 0`+ f9 M T•i n 00 O v 0 v kr) v v 00 O r 00 ew V 0 V V O in 0 O O N 0 V1 V1 l/y Psz t91 Q� kin 00 O O pri DiD O ,Z12i 73 r 0 W Summary of Groundwater Analytical Results - Stage 2 3 Site Investigation 0 N tr 2 a. tki 18-1927-003 N N 18-1927-002 Q. N Y 18-1927-001 0 v z C v C 0 c Contaminants of Concern: cit 0 vi V vi V vi V V CO Fry Y'1 V V h v O I!'1 V Y1 V N V O V v V vi V 4-4 E ..6 ►.a in N V'o 00 M 0 E 0 CJ N O 0 S5 00) . CIZ 0 217/524-3300 ILLINOIS ENVIRONMENTAL PROTECTION AGENCY 1021 NORTH GRANO AVENUE EAST, P.O. Box 19276, SPRiNGfiELO, ILLINOIS 62791-9276 a (217) 782.3397 BRUCE RAL/NER, GOVERNOR ALEC MESSINA, DIRECTOR Harlem & Shermer Service Attn: Guerino Marini 9021 North Harlem Avenue Moron Grove, IL 60053 Re: LPC 4031 1955121 — Cook County Morton Grove/Harlem & Shermer Service 9021 North Harlem Avenue Leaking UST Incident No. 20160712 -- NFR Letter Leaking UST Technical File Dear Marini: CERTIFIED MAIL - Dra-f+ - fRLi+e The Illinois Environmental Protection Agency (Illinois EPA) has reviewed the Corrective Action Completion Report submitted for the above -referenced incident. This information was dated September 6, 2018 and was received by the Illinois EPA on October 2, 2018. Citations in this letter are from the Environmental Protection Act (415 1LCS 5) (Act) and Title 35 of the Illinois Administrative Code (35 111. Adm. Code). The Corrective Action Completion Report and associated Professional Engineer Certification submitted pursuant to Section 57.7(b)(5) of the Act indicate corrective action for the above - referenced site was conducted in accordance with the Corrective Action Plan approved by the Illinois EPA. The Corrective Action Completion Report demonstrates that the requirements of Section 57.7(b) of the Act have been satisfied. Based upon the certification by Pratlik Patel, a Licensed Professional Engineer, and pursuant to Section 57.10 of the Act (415 1LCS 5/57.10), your request for a no further remediation determination is granted under the conditions and terms specified in this letter. Issuance of this No Further Remediation Letter (Letter), based on the certification of the Licensed Professional Engineer, signifies that: (1) all statutory and regulatory corrective action requirements applicable to the occurrence have been complied with; (2) all corrective action concerning the remediation of the occurrence has been completed; and (3) no further corrective action concerning the occurrence is necessary for the protection of human health, safety, and the environment. Pursuant to Section 57.10(d) of the Act, this Letter shall apply in favor of the following parties: 1. Harem & Shermer Service, the owner or operator of the underground storage tank system(s). 4021, 14air Sr., Poeki6rd,1- 6'133 1615;987-,764 595 S. 51ats, Flgirr, -L 60123 '3.47 606.3151 2125 S. Frr St, CharnpvigrF, 1. 61620 ;:' 7'.278-5804 2009 mall St., :a;lirariIL 62 224 1615Q346-5120 PLE4s1 POW!' ON 1c' t10 PAP 4511 Kookiest Sr., Dal Pkeinos, t 80016 (047}294-4030 412 SW WasIingr'or 8r., SL;ta 0, Peor..a, IL 616021:.09;67'.3023 2309 W. Mali: Bt, Sita 116, Marion, L 62959 (618)993-7404 133 W. Panda pk, Suits 4-5.00,, Chketgo, €, 63601 Page 2 2. Any parent corporation or subsidiary of such owner or operator. 3. Any co-owner or co-operator, either by joint tenancy, right -of -survivorship, or any other party sharing a legal relationship with the owner or operator to whom the Letter is issued. 4. Any holder of a beneficial interest of a land trust or inter vivos trust whether revocable or irrevocable. 5. Any mortgagee or trustee of a deed of trust of such owner or operator. 6. Any successor -in -interest of such owner or operator. 7. Any transferee of such owner or operator whether the transfer was by sale, bankruptcy proceeding, partition, dissolution of marriage, settlement or adjudication of any civil action, charitable gift, or bequest. 8. Any heir or devisee of such owner or operator. 9. An owner of a parcel of real property to the extent that this Letter applies to the occurrence on that parcel. This Letter and all attachments, including but not limited to the Leaking Underground Storage Tank Environmental Notice, must be filed within 45 days of receipt as a single instrument with the Office of the Recorder or Registrar of Titles in the county in which the above -referenced site is located. In addition, the Groundwater Ordinance (photocopy attached) must be filed as an attachment of this Letter with the Office of the Recorder or Registrar of Titles of the applicable county. This Letter shall not be effective until officially recorded by the Office of the Recorder or Registrar of Titles of the applicable county in accordance with Illinois law so it forms a permanent part of the chain of title for the above -referenced property. Within 30 days of this Letter being recorded, an accurate and official copy of this Letter, as recorded, shall be obtained and submitted to the Illinois EPA. For recording purposes, it is recommended that the Leaking Underground Storage Tank Environmental Notice of this Letter be the first page of the instrument filed. CONDITIONS AND TERMS OF APPROVAL LEVEL OF REMEDIATION AND LAND USE LIMITATIONS 1. The remediation objectives for the above -referenced site, more particularly described in the Leaking Underground Storage Tank Environmental Notice of this Letter, were established in accordance with the requirements of the Tiered Approach to Corrective Action Objectives (35 111. Adm. Code 742) rules. Page 3 2. As a result of the release from the underground storage tank system(s) associated with the above -referenced incident, the above -referenced site, more particularly described in the attached Leaking Underground Storage Tank Environmental Notice of this Letter, shall not be used in a manner inconsistent with the following land use limitation: The groundwater under the site shall not be used as a potable water supply. 3. The land use limitation specified in this Letter may be revised if: a. Further investigation or remedial action has been conducted that documents the attainment of objectives appropriate for the new land use; and b. A new No Further Remediation Letter is obtained and recorded in accordance with Title XVII of the Act and regulations adopted thereunder. PREVENTIVE, ENGINEERING, AND INSTITUTIONAL CONTROLS 4. Preventive: Prior to commencement of any future excavation and/or construction in or near the contaminated zone of the remediation site, a safety plan for this remediation site is required that is consistent with the National institute for Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities; Occupational Safety and Health Administration regulations, particularly in 29 CFR 1910 and 1926; state and local regulations; and other United States EPA guidance as provided. At a minimum, the plan should address possihle worker exposure if any future excavation and construction activities occur within the contaminated soil. The groundwater under the site described in the attached Leaking Underground Storage Tank Environmental Notice of this Letter shall not be used as a potable supply of water. No person shall construct, install, maintain, or utilize a potable water supply well. In accordance with Section 3.65 of the Act, "potable" means generally fit for human consumption in accordance with accepted water supply principles and practices. Engineering: None. Institutional: This Letter shall be recorded as a permanent part of the chain of title for the above -referenced site, more particularly described in the attached Leaking Underground Storage Tank Environmental Notice of this Letter. Groundwater Use Ordinance Ordinance 01-44 adopted by the Village of Morton Grove effectively prohibits the installation of potable water supply wells (and the use of such Page 4 wells) and is an acceptable institutional control under the following conditions: a. The current owner or successor -in -interest of this site who relies on this ordinance as an institutional control shall: i. Monitor activities of the unit of local government relative to variance requests or changes in the ordinance relative to the use of potable groundwater at this remediation site; and ii. Notify the Illinois EPA of any approved variance requests or ordinance changes within 30 days after the date such action has been approved. b. Each affected property owner, potentially affected property owner (as identified through contaminant modeling), and the Village of Morton Grove must receive written notification from the owner or operator desiring to use the ordinance as an institutional control that groundwater remediation objectives have been approved by the Illinois EPA. Written proof of this notification shall be submitted to the Illinois EPA in accordance with 35 111. Adm. Code 742.1015(b) and (c) within 45 days from the date this Letter is recorded. The notification shall include: i. The name and address of the unit of local government; ii. The citation of the ordinance used as an institutional control in this Letter; iii. A description of the property being sent notice by adequate legal description or by reference to a plat showing the boundaries; iv. A statement that the ordinance restricting the groundwater use was used by the Illinois EPA in reviewing a request for groundwater remediation objectives; v. A statement as to the nature of the release and response action with the name, address, and Illinois EPA inventory identification number; and vi. A statement as to where more information may be obtained regarding the ordinance. Page 5 The following activities shall be grounds for voidance of the ordinance as an institutional control and this Letter: a. Modification of the referenced ordinance to allow potable uses of groundwater. b. Approval of a site-specific request, such as a variance, to allow use of groundwater at the site. c. Violation of the terms of a recorded institutional control. 5. Failure to establish, operate, and maintain controls in full compliance with the Act, applicable regulations, and the approved corrective action plan, if applicable, may result in voidance of this Letter. OTHER TERMS 6. Any contaminated soil or groundwater removed or excavated from, or disturbed at, the above -referenced site, more particularly described in the Leaking Underground Storage Tank Environmental Notice of this Letter, must be handled in accordance with all applicable laws and regulations under 35 III. Adm. Code Subtitle G. 7. Further information regarding the above -referenced site can be obtained through a written request under the Freedom of Information Act (5 ILCS 140) to: Illinois Environmental Protection Agency Attention: Freedom of Information Act Officer Division of Records Management - #16 1021 North Grand Avenue East Post Office Box 19276 Springfield, IL 62794-9276 8. Pursuant to 35 111. Adm. Code 734.720, should the Illinois EPA seek to void this Letter, the Illinois EPA shall provide notice to the owner or operator of the leaking underground storage tank system(s) associated with the above -referenced incident and the current title holder of the real estate on which the tanks were located, at their last known addresses. The notice shall specify the cause for the voidance, explain the provisions for appeal, and describe the facts in support of the voidance. Specific acts or omissions that may result in the voidance of this Letter include, but shall not be limited to: a. Any violation of institutional controls or industrial/commercial land use restrictions; Page 6 b. The failure to operate and maintain preventive or engineering controls or to comply with any applicable groundwater monitoring plan; c. The disturbance or removal of contamination that has been left in-place in accordance with the Corrective Action Plan or Completion Report; d. The failure to comply with the recording requirements for the Letter; e. Obtaining the Letter by fraud or misrepresentation; or f. Subsequent discovery of contaminants, not identified as part of the investigative or remedial activities upon which the issuance of the Letter was based, that pose a threat to human health or the environment. Submit an accurate and official copy of this Letter, as recorded, to: Illinois Environmental Protection Agency Bureau of Land - #24 Leaking Underground Storage Tank Section 1021 North Grand Avenue East Post Office Box 19276 Springfield, IL 62794-9276 If you have any questions or need further assistance, please contact the Illinois EPA project manager, Steve Putrich, at 217-524-4827. Sincerely, Trent L. Benanti, P.E. Acting Unit Manager Leaking Underground Storage Tank Section Division of Remediation Management Bureau of Land TLB:sp Attachments: Leaking Underground Storage Tank Environmental Notice Groundwater Ordinance c: Dynamic Environmental Services (electronic copy) BOL File PREPARED BY: Name: Harlem & Shermer Service Address: 9021 North Harlem Avenue Morton Grove, IL 60053 RETURN TO: Name: Harlem & Shermer Service Address: 9021 North Harlem Avenue Morton Grove, IL 60053 (THE A :OVE SPACE FO RECORIIDE"'S OFFICE) LEAKING UNDERGROUND STORAGE TANK ENVIRONMENTAL NOTICE THE OWNER AND/OR OPERATOR OF THE LEAKING UNDERGROUND STORAGE TANK SYSTEM(S) ASSOCIATED WITH THE RELEASE REFERENCED BELOW, WITHIN 45 DAVS OF RECEIVING THE No FURTHER REMEDIATION LETTER CONTAINING THIS NOTICE, MUST SUBMIT THIS NOTICE AND THE REMAINDER OF THE No FURTHER REMEDIATION LETTER TO THE OFFICE OF THE RECORDER OR REGISTRAR OF TITLES OF COOK COUNTY IN WHICH THE SITE DESCRIBED BELOW 1S LOCATED. Illinois EPA No.: 0311955121 Leaking UST Incident No.: 20160712 Harlem & Shermer Service, the owner and/or operator of the leaking underground storage tank system(s) associated with the above -referenced incident, whose address is 9021 North Harlem Avenue, Morton Grove, Illinois has performed investigative and/or remedial activities for the site identified as follows and depicted on the attached Site Base Map: 1. Legal Description or Reference to a Plat Showing the Boundaries: See Attachment 2. Common Address: 9021 North Harlem Avenue, Morton Grove, Illinois 3. Real Estate Tax Index/Parcel Index Number: 10-18-308-001-0000 4. Site Owner: Harlem & Shermer Service 5. Land Use Limitation: The groundwater under the site shall not be used as a potable water supply. 6. See the attached No Further Remediation Letter for other terms. 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