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HomeMy WebLinkAbout2019-06-24 Agenda%/ , MORTON 'e GROVE incredibly Close k Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM June 24, 2019 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 — June 10, 2019 8. Special Reports 9. Public Hearings - Sawmill Station Public Hearing on Proposed Establishment of Redevelopment Project Area, Creation of Redevelopment Plan and Project, and Implementation of Tax Increment Allocation Financing 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) Ordinance 19-04 (Introduced June 24, 2019) (First Reading) Terminating the Dempster/Waukegan Tax Increment Financing District 2) Ordinance 19-05 (Introduced June 24, 2019) (First Reading) Deleting Certain Property from the Redevelopment Project Area for the Waukegan Road Tax Increment Financing District 3) Ordinance 19-09 (Introduced June 24, 2019) (First Reading) Providing for the issuance of not to exceed $26,000,000 Senior Lien Tax Increment Revenue Bonds, Series 2019 (Sawmill Station Redevelopment Project), of the Village of Morton Grove, Cook County, Illinois, and providing for the execution of a trust indenture and a bond order in connection therewith. 4) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Police Department, Police Pension Bd, Police Facility Committee, Plan Commission/Zoning Board, Lehigh/Ferris TIF, Special Events Commission (Trustee Minx) b. Trustee Minx — Finance Department, Finance Advisory Commission, Appearance Commission, Capital Projects, Natural Resource Commission, Waukegan Road TIF (Trustee Grear) c. Trustee Ramos — Environmental Health, IT Legal Department, Traffic Safety Commission, Emergency Management Agency (Trustee Travis) d. Trustee Thill —Advisory Commission on Aging, Family and Senior Services Department, SWANCC, Building Department, Chamber of Commerce, Water Commission (Trustee Witko) e. Trustee Travis — Community Relations Commission, Fire Department, Fire Pension Board, RED Center, Fire and Police Commission, NIPSTA (Trustee Ramos) f. Trustee Witko — Farmers' Market, Public Works Department, Community and Economic Development Department, Economic Development Commission, Dempster Street Corridor Plan, Sawmill Station TIF(Trustee Thill) 15. Other Business 16. Presentation of Warrants - $461,249.86 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 Jake (847/470-5220) promptly to allow the Village to make reasonable accommodations. MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JUNE 10, 2019 CALL TO ORDER I — Village President Dan DiMaria convened the Regular Meeting of the Village Board at 7:00 p.m. in V. the Council Chambers of Village Hall and led the assemblage in the Pledge of Allegiance. VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, Connie Travis, and Janine Witko. Trustee John Thill was absent with notice. VII. APPROVAL OF MINUTES 1. Trustee Minx moved to accept the Minutes of the Special Board Meeting of May 6, 2019 as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. 2. Trustee Minx then moved to accept the Minutes of the Regular Board Meeting of May 13, 2019 as presented, seconded by Trustee Travis. Motion passed unanimously via voice vote. VIII. IX. X. SPECIAL REPORTS NONE PUBLIC HEARINGS NONE RESIDENTS' COMMENTS (Agenda Items Only) NONE XI. PRESIDENT'S REPORT 1. Mayor DiMaria proclaimed June 25, 2019 through June 5, 2020, as the "Year of Oakton Community College" in Morton Grove, noting that OCC's ties to the Village began in 1970 when the College leased space in the manufacturing facilities on Oakton Street and enrolled its first class of 832 students. 'Minutes of June 10, 2019 Board Meeting XI. PRESIDENT'S REPORT (continued) Oakton Community College initially offered five degrees and certificates, and now offers more than 90 areas of study and 1,500 continuing education courses. The College is now located in campuses in Des Plaines and Skokie; the school's district encompasses nearly 500,000 residents, 10 public high schools, and more than 28,000 businesses. a. Mayor DiMaria urged all citizens to recognize the impact that Oakton Community College has had on the Village and on enriching residents' lives. 2. Mayor DiMaria noted that Morton Grove Days 2019 is right around the corner! The event begins on Wednesday, July 3 and ends on Saturday, July 6. Once again, it will feature live music, a carnival, parade, fireworks, beer garden, food and loads of family entertainment. Mayor DiMaria added that Morton Grove does it better than anyone else! He also said the volunteers are needed, even for as little as a couple of hours. He encouraged everyone to go to mortongrovedays.org to learn about and sign up for volunteer opportunities, and to pre -order megabands. 3. Mayor DiMaria stated that the Village has been informed by the Illinois Department of Transportation (IDOT) that Dempster Street will be resurfaced from Waukegan Road east to Niles Center Road. Construction will not begin before July 8 per the Village's request. 4. Mayor DiMaria announced that "Be Alarmed!" is a fire safety education and smoke alarm installation program administered cooperatively between the Illinois Fire Safety Alliance (IFSA) and the Office of the Illinois State Fire Marshal. The program distributes fire safety education materials and 10 -year sealed battery ionization technology smoke alarms to fire departments in the State of Illinois. Local fire departments then deliver the education and install smoke alarms in residential dwellings within their communities. Although this program is available only to residential dwellings, the MG Fire Department will be happy to assist or direct landlords and businesses with any compliance questions or concerns. The MGFD's goal is to ensure that all residents of the Village are adequately protected by the proper quantity and installation of residential smoke alarms. This is a free program; residents can apply for free fire alarms and installation by calling 847-470-5226. XII. CLERK'S REPORT 1. Clerk Harford stated that she had attended the quarterly Condominium Association meeting along with Village Administrator Czerwinski, Fire Chief Rogers, and Officer Lietz from the Morton Grove Police Department. a. She said that Mr. Czerwinski discussed new and ongoing developments within the Village, and also talked about Morton Grove Days. Chief Rogers provided posters about and discussed elevator safety. Officer Lietz reported on Smart 9-1-1 and invited attendees to attend the Police Department's National Night Out on August 6 at the Civic Center grounds. 2 Minutes of June 10, 2019 Board Meeting XIII. A. Village Administrator: 1. STAFF REPORTS Mr. Czerwinski reported on the Village's Electrical Aggregation survey report. Every year, the Village surveys the energy market to provide residents access to the most economical electrical service rates available. This survey was conducted in April 2019, and after reviewing information available from the Village's broker (NIMEC) and the Citizens Utility Board (CUB), the Village has concluded that utilizing electric energy supplied by ComEd provides the best value for Morton Grove residents over the next 12 months. ComEd's current rate is 6.725 cents per kilowatt hour from June to September, and 7.216 center per kilowatt hour from October to May of 2020. B. Corporation Counsel: Corporation Counsel Liston had no report. XIV. A. Trustee Grear: Trustee Grear had no report this evening. TRUSTEES' REPORTS B. Trustee Minx: Trustee Minx had no report this evening. C. Trustee Ramos: Trustee Ramos had no report this evening. D. Trustee Thill: Trustee Thill was absent—no report. E. Trustee Travis: 1. Trustee Travis reminded the assemblage that the Community Relations Commission's Spring Photo Contest is almost over. The theme is "Working in Morton Grove." She urged people to be creative with their entries, and submit them before the contest ends on June 30, 2109. More information can be found on the Village's website or the CRC's Facebook page. 3 Minutes of June 10, 2019 Board Meeting XIV. E. Trustee Travis: (continued) Winners will be announced at the July 8, 2019 Board Meeting. 2. Trustee Travis thanked all the residents and businesses who participated in the Adopt -A -Planter program. All the planters were adopted and contents picked up on Saturday, June 1s`. TRUSTEES' REPORTS (continued) F. Trustee Witko: 1. Trustee Witko presented Resolution 19-27, Authorization to Execute a Contract With Hoerr Construction, Inc. For the 2019 Sewer Lining Program. a. She explained that the Village has an annual program, dependent on funding appropriations, to perform sewer lining in order to maintain the flow capacity of the Village's sewer pipe infra- structure. The contract was bid through a public process and must conform to the requirements of the Prevailing Wage Act. Trustee Witko said the low bid came from Hoerr Construction from Goodfield, Illinois, with a bid amount of $247,770. The bid amount is $35,204 more than the engineer's estimate of cost and $27,770 more than the budgeted amount. The contract documents include a provision allowing the Village to decrease the amount of work included in the contract and Hoerr Construction is agreeable to doing so. A practical decrease of the length of sewer to be lined results in an adjusted contract amount of $218,538. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. b. Trustee Witko moved to approved Resolution 19-27, seconded by Trustee Travis. Motion passed: 5 ayes, 0 nays. 1 absent. Tr. Grear ave Tr. Thill absent Tr. Minx aye Tr. Travis ave Tr. Ramos aye Tr. Witko ave 2. Next, Trustee Witko presented Resolution 19-28, Authorization the Execution of a Contract With "A Plus Quality Service, Inc." For Janitorial Cleaning Services. a. She explained that this is a contract for cleaning services for administrative offices of Village buildings. The contract was bid through a public process, with the lowest bid submitted by A Plus Quality Service, Inc. However, the completed bid form included errors. The contract documents reserve the Village's right to waive an informalities or irregularities in a bid. The bid was deemed to be in the best interest of the Village, and came in at $36,580. The budgeted amount is $51,900. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. 4 XIV. TRUSTEES' REPORTS (continued) F. Trustee Witko: (continued) Trustee Witko moved, seconded by Trustee Minx, to approve Resolution 19-28. Motion passed: 5 ayes, 0 nays. 1 absent. Tr. Grear at Tr. Minx aye Tr. Ramos aye Tr. Thill absent Tr. Travis iyi Tr. Witko an 3. Trustee Witko noted that the Farmers' Market had a very successful opening day this past Saturday. She encouraged everyone to visit the Farmers' Market, which will be open every Saturday (except July 6) until October 19 from 8:00 a.m. to 1:00 p.m. The Market is located at the Civic Center, 6140 Dempster Street. People can become a "Friend of the Market" by going to the website mgfarmersmarket.com/markeffriends. XV. OTHER BUSINESS XVI. Mayor DiMaria offered his personal and the Board's condolences on the passing of Trustee Grear's mother. WARRANTS Trustee Minx noted there were two sets of Warrants tonight: She presented the Warrant Register for May 27, 2019 in the amount of $889,306.89. She moved that the Warrants be approved as presented, seconded by Trustee Witko. Motion passed: 5 ayes, 0 nays. 1 absent. Tr. Grear aye Tr. Minx Tr. Ramos gyg Tr. ThiII absent Tr. Travis aye Tr. Witko aye Trustee Minx then presented the Warrant Register for June 10, 2019 in the amount of $848,718.34. She moved, seconded by Trustee Grear, that the Warrants be approved as presented. Motion passed: 5 ayes, 0 nays. 1 absent. Tr. Grear 012 Tr. Minx aave Tr. Thill absent Tr. Travis aye Tr. Ramos aye Tr. Witko aye 5 Minutes of June 10, 2019 Board Meeting XVII. RESIDENTS' COMMENTS 1. Violeta Nabong addressed the Board, following up on concerns she had brought to them earlier this year regarding a local business. She said she and her neighbors have yet to see any positive changes, and some of the employees' have been rude with their speech and very disrespectful with their hand gestures. She said that Mr. Czerwinski has indicated that this busi- ness has received citations, and she and her group wanted to know how many citations the business has been given and for what, specifically. She said her group had also heard that this business was looking to relocate, to get out of the residential neighborhood it's currently in, and she wondered if any permits had been taken out yet. Another neighbor, Hamid Bangloria, reiterated to the Board his invitation to have them come and spend a night at his house at 5921 Keeney Ct. so they can "feel his pain." He wondered if he and his neighbors needed to resort to litigation to get some relief from these problems, adding that none of them are interested in moving. He noted that higher fences around the business have been installed, but they're not helping the noise and pollution issues. Mr. Bangloria also mentioned an incident involving items for donation sitting on his porch, as the donor would be picking them up. He got a citation and was told to get the items off his porch. He questioned that. a. b. c. d. Estelle Cooperman said she had been given notice that the business may be relocating. She had gotten 31 signatures on a petition requesting such an action and presented it a Plan Com- mission meeting. She was asked if everyone who signed was present, which she didn't believe was even legal. She said this business is operating because they received a variance to conduct their business in a residential area. Mrs. Cooperman emphatically stated that this business does not belong in a residential area. She wondered why the Board would even allow them to settle in a residential area. Mrs. Cooperman insisted that no one is "bad" here, but the business should never have been given permission to be there. Mayor DiMaria stated that actions have been taken, and the Village is on top of the situation. The business is receptive to relocating. He said that Mr. Czerwinski would respond to their ques- tions at the conclusion of tonight's meeting. 2. Nancy Lanning appeared before the Board to compliment the Fire Department, citing a recent situation that occurred with one of her neighbors. She said she was proud of the Fire Depart- ment's responsive and how well trained they are. XVIII. ADJOURNMENT There being no further business before the Board, Trustee Minx moved to adjourn the meeting, seconded by Trustee Travis. Motion passed: 5 ayes, 0 nays. 1 absent. Tr. Grear Tr. Minx ays Tr. Ramos lya Tr. Thill absent Tr. Travis afire Tr. Witko gn The meeting adjourned at 7:25 p.m. 6 7V!inures of Juno 10 2019 Board Meeting' PASSED this 24th day of June, 2019. Trustee Grear Trustee Minx Trustee Ramos Trustee Thin Trustee Travis Trustee Witko APPROVED by me this 24th day of June, 2019. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 25th day of June, 2019. Eileen Scanlon Harford, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar 7 Legislative Summary Ordinance 19-04 TERMINATING THE VILLAGE OF MORTON GROVE DEMPSTER/WAUKEGAN TAX INCREMENT FINANCING DISTIRCT Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Respectfully submitted: June 24, 2019 To terminate the Dempster/Waukegan TIF District in order to allow the Village to establish a new TIF District to support the redevelopment of the Sawmill Station Shopping Center In 2012, the Village, pursuant to Ordinances 12-15, 12-16, and 12-17 created the Dempster/Waukegan TIF District (the "TIF District"), which was comprised of the 26 -acre Prairie View Shopping Center (the "Shopping Center"), and several adjacent additional parcels of property. The TIF District was created at the request of the then owners of the Shopping Center who submitted a plan to redevelop it with assistance from the Village. However, the redevelopment of the Shopping Center did not occur, the Shopping Center continued to deteriorate and the EAV of the TIF District continued to decline. The Shopping Center was sold in 2018 and the new owners have proposed to redevelop the Shopping Center as a modern lifestyle center with restaurants, a movie theatre, retail stores and a grocery store (the "Sawmill Station Shopping Center"), but only if the Village provides substantial economic incentives and assistance. In order to provide this assistance, the Village Board has determined that it is in the best interest of the Village to terminate the Dempster/Waukegan TIF District so the properties within the Dempster/Waukegan TIF District can be incorporated in a new Sawmill Station TIF District. This Ordinance will repeal Ordinances 12-15, 12-16 and 12-17 and effectively terminate the Dempster/Waukegan TIF District. Upon the termination of a TIF District, Illinois law requires the Village to return all surplus tax increment funds to the other taxing districts. However, because the Dempster/Waukegan TIF District never generated any tax increment funds, there are no surplus funds that need to be returned. Administration, Legal, and Finance Departments None at this time N/A The Village Administrator, Corporation Counsel, and Finance Director will take all steps necessary to implement termination of the Dempster Waukegan TIF District as part of their normal workload Approval as presented. Required — July 8, 2019 None v�JJ.YfL'6� Prepared by: Ralph . Czerwinski, Vj?lage Administrator Teresa Hoffman Li Reviewed by: Hanna Sullivan, Finance Director oorporation Counsel Reviewed by: /Z d& Zoe Hei.,�. D1 Use Planner/Coordinator VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS ORDINANCE NO. 19-04 AN ORDINANCE TERMINATING THE VILLAGE OF MORTON GROVE DEMPSTER/WAUKEGAN TAX INCREMENT FINANCING DISTIRCT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE THIS 8TH DAY OF JULY, 2019 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois this 8th day Of July, 2019. 1 ORDINANCE NO. 19-04 AN ORDINANCE TERMINATING THE VILLAGE OF MORTON GROVE DEMPSTER/WAUKEGAN TAX INCREMENT FINANCLNG DISTRICT WHEREAS, the Village of Morton Grove ("Village"), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and can exercise any power and perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and incur debt; and WHEREAS, the Corporate Authorities of the Village of Morton Grove passed and approved Ordinances 12-15, 12-16, and 12-17 which adopted a Redevelopment Plan and Project, designated a Redevelopment Project Area and has adopted tax increment financing for the area known as the Dempster/Waukegan Project Area (the "Area"); WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et.seq.) (the "Act"), the initial Equalized Assessed Value ("EAV") (also commonly known and referred to as the "Base EAV" or "Frozen EAV") of the Dempster/Waukegan Redevelopment Project Area was determined using the 2010 EAVs of the property within the Dempster/Waukegan Redevelopment Project Area which were the most recent Cook County certified EAVs then available at the time Ordinances 12-15, 12-16, and 12-17 were adopted; WHEREAS, since the Dempster/Waukegan Redevelopment Project Area was adopted, it has failed to generate any tax increment revenue that can be used to support redevelopment within the Area because the EAVs for the properties within the Dempster/Waukegan Redevelopment Project Area continued to generally decline and have predominately remained below the Base EAVs in place at the time the Dempster/Waukegan Redevelopment Project Area was adopted in 2012; WHEREAS, the corporate authorities have determined that it is in the best interests of the Village to terminate the Dempster/Waukegan Redevelopment Project Area so the properties within the Dempster/Waukegan Redevelopment Project Area can be incorporated in a new Sawmill Station Redevelopment Project Area; 2 WHEREAS, as the Dempster/Waukegan Redevelopment Project Area has not generated any tax increment revenue, there are not any surplus tax increment funds that need to be returned to Cook County for distribution to any taxing bodies upon the teiiuination of the Dempster/Waukegan Redevelopment Project Area; and NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Morton Grove, Cook County Illinois, pursuant to their home rule powers as follows: SECTION 1: Recitals. The forgoing recitals are a material part of this ordinance and are incorporated herein as if they were fully set forth in this section. SECTION 2: Repeal of Ordinances 12-15,12-16 and 12-17. Ordinances 12-15, 12-16, and 12-17 which adopted a Redevelopment Plan and Project, designated a Redevelopment Project Area and has adopted tax increment financing for the area known as the Dempster/Waukegan Redevelopment Project Area shall each be herein repealed. A certified copy of this Ordinance shall be filed with the appropriate Cook County Depailments and officials so that they can be informed of the termination of the Dempster/Waukegan Redevelopment Project Area by the repeal of the Ordinances 12-15, 12-16, and 12-17. Because the Dempster/Waukegan Redevelopment Project Area terminated by the repeal of Ordinances 12-15, 12-16, and 12-17 never generated any tax increment funds, there are not any surplus funds that need to be returned to Cook County upon the termination of the Dempster/Waukegan Redevelopment Project Area by the repeal of Ordinances 12-15, 12-16, and 12-17. SECTION 3: Future Tax Increment Financing Districts. Nothing contained in this Ordinance shall be intended to prevent the Village from creating or establishing a future Redevelopment Project Area that includes some or all of the property that was included in the Dempster/Waukegan Redevelopment Project Area that was previously 3 created by Ordinances 12-15, 12-16, and 12-17 and terminated by this Ordinance. The Village herein expresses its continuing interest to assist in the redevelopment of the area that was included in the Dempster/Waukegan Redevelopment Project Area that was terminated herein as well as adjacent areas through the use of tax increment financing pursuant to, and in compliance with, all the terms and conditions contained in the Tax Increment Allocation Redevelopment Act. SECTION 4: Invalidity. In the event any portion of this Ordinance is found to be invalid, the remaining portions of this Ordinance shall be severable from any such invalid portion and enforced to the fullest extent possible. SECTION 5: Effective date. This Ordinance shall be in full force and effect immediately after its passage and approval and shall thereafter be published in pamphlet form as provided by law. PASSED this 8th day of July 2019. Trustee Grear Trustee Minx Trustee Ramos Trustee Travis Trustee Thill Trustee Witko APPROVED by me this 8th day of July 2019. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois 4 APPROVED and FILED in my office this 9th day of July 2019. Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois 5 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Morton Grove, Cook County, Illinois (the "Village"), and that as such official I am the keeper of the records and files of the President and Trustees of the Village (the "Corporate Authorities"). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the 8th day of July, 2019, insofar as same relates to the adoption of an ordinance entitled: AN ORDINANCE TERMINATING THE VILLAGE OF MORTON GROVE DEMPSTER/WAUKEGAN TAX INCREMENT FINANCING DISTRICT a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting and was continuously made available for viewing for at least the 48 hour period in advance of the holding of the meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village, this 9th day of July, 2019. (SEAL) 6 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 19-05 DELETING CERTAIN PROPERTY FROM THE REDEVELOPMENT PROJECT AREA FOR VILLAGE OF MORTON GROVE WAUKEGAN ROAD TAX INCREMENT FINANCING DISTRICT Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: June 24, 2019 To remove certain non-performing parcels from the Waukegan Road TIF District so that they may be incorporated in a newly created TIF District In 1995 the Village, pursuant to Ordinance Numbers 95-8, 95-9, and 95-10, established the Waukegan Road Tax TIF District in order to support the redevelopment of the commercial district on Waukegan Road between Dempster Street and Golf Road. Certain parcels in the Waukegan Road TIF District have not been redeveloped during the term of the Waukegan Road TIF District including parcels south of Greenwood Avenue. The Village desires to amend the Waukegan Road TIF District to remove these parcels from the Waukegan Road TIF District and thereafter add them to the proposed Sawmill Station TIF District. Since this amendment will not add additional parcels, affect the general land uses in TIF District, change the nature of the redevelopment project, increase estimated project cost by more than five percent (5%), or displace additional residential units, the Village may amend the TIF District without holding a public hearing. Administration, Legal, and Finance Departments None at this time N/A The Village Administrator, Corporation Counsel, and Finance Director will take all steps necessary to this Ordinance as part of their normal workload Approval as presented. )Required — July 8, 2019 Pursuant to 65 ILCS 5/11-74.4-5(c), within ten (10) days of the adoption and approval of this Ordinance, this Ordinance shall be published in the Pioneer Press, and a copy of this Ordinance shall be sent by certified mail, return receipt requested, to each taxing district that is affected by the TIF District, and by First Class U.S. Mail to each person/entity registered on the Village's TIF Interested Parties Registry, file a certified copy of this Ordinance with the County Clerk of Cook County, Illinois, and obtain a revised Initial Equalized Assessed Valuation Certificate for the TIF District from the office of said County Clerk. Respectfully submitted: Prepared by: Ra1p , zerwinski, lage Administrator Teresa Hoffman Li Reviewed by: Reviewed by: Hanna Sullivan, Finance Director Zoe He oration Counsel nd Use Planner/Coordinato VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS ORDINANCE NO. 19-05 AN ORDINANCE DELETING CERTAIN PROPERTY FROM THE REDEVELOPMENT PROJECT AREA FOR VILLAGE OF MORTON GROVE WAUKEGAN ROAD TAX INCREMENT FINANCING DISTRICT ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE THIS 8TH DAY OF JULY, 2019 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois this 8th day Of July, 2019. ORDINANCE 19-05 AN ORDINANCE DELETING CERTAIN PROPERTY FROM THE REDEVELOPMENT PROJECT AREA FOR VILLAGE OF MORTON GROVE WAUKEGAN ROAD TAX INCREMENT FINANCING DISTRICT WHEREAS, the Village of Morton Grove ("Village") is a home rule municipality organized under the laws of the State of Illinois; and WHEREAS, the General Assembly of the State of Illinois has provided by law the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. ("Act"), to assist in the financing of certain improvements in areas in the City which meet the requirements therein; and WHEREAS, the Village, pursuant to Ordinance Numbers 95-8, 95-9, and 95-10, adopted on May 8, 1995, and Ordinance Number 99-29, adopted on July 22, 1999, established and amended the Village's Waukegan Road Tax Increment Financing District ("TIF District") relative to the redevelopment project area, legally described in EXHIBIT A attached hereto and made part hereof ("Redevelopment Project Area"), approved a redevelopment project and plan, as amended, in relation to the TIF District ("Redevelopment Plan") and adopted tax increment financing for the TW District; and WHEREAS, the Village desires to remove certain parcels of property within the Redevelopment Project Area from the Redevelopment Project Area, said parcels of property being legally described in EXHIBIT B attached hereto and made part hereof ("Deleted Parcels"), as the Deleted Parcels are necessary for a new tax increment financing district, to be known as the Sawmill Station Tax Increment Financing District; and 2 WHEREAS, the removal of the Deleted Parcels from the Redevelopment Project Area will not adversely impact the eligibility factors relied upon by the Village in establishing the TIF District as a tax increment financing district under the Act; and WHEREAS, the removal of the Deleted Parcels from the Redevelopment Project Area will not adversely impact the Redevelopment Plan or redevelopment within the TIF District, although, upon removal from the Redevelopment Project Area, the Deleted Parcels will no longer be eligible for any of the financial incentives available to properties within the Redevelopment Project Area; and WHEREAS, pursuant to 65 ILCS 5/11-74.4-5(c), amendments to the TIF District which do not (1) add additional parcels of property to the proposed redevelopment project area, (2) substantially affect the general land uses proposed in the redevelopment plan, (3) substantially change the nature of the redevelopment project, (4) increase the total estimated redevelopment project cost set out in the redevelopment plan by more than five percent (5%) after adjustment for inflation from the date the redevelopment plan was adopted, (5) add additional redevelopment project costs to the itemized list of redevelopment project costs set out in the redevelopment plan, or (6) increase the number of inhabited residential units to be displaced from the redevelopment project area, as measured from the time of creation of the redevelopment project area, to a total of more than ten (10), may be made without need for further hearing, provided the Village gives certain notices of any such amendments within ten (10) days following the adoption of the Ordinance providing for any such amendments; NOW, THEREFORE, BE IT ORDAINED by the President and Village Board of Trustees of the Village of Morton Grove, Illinois, as follows: 3 SECTION 1: That the recitals set forth above are hereby incorporated herein as Section 1 of this Ordinance. SECTION 2: That Ordinance Numbers 95-8, 95-9, and 95-10 adopted on May 8, 1995 and Ordinance Number 99-29 adopted on July 12, 1999, are hereby further amended by deleting the Deleted Parcels from the Redevelopment Project Area and from the Redevelopment Plan. SECTION 3: Pursuant to 65 ILCS 5/11-74.4-5(c), within ten (10) days of the adoption and approval of this Ordinance, this Ordinance shall be published in the Pioneer Press, and a copy of this Ordinance shall be sent by certified mail, return receipt requested, to each taxing district that is affected by the TIF District, and by First Class U.S. Mail to each person/entity registered on the Village's TIF Interested Parties Registry. SECTION 4: That a certified copy of this Ordinance shall be filed with the County Clerk of Cook County, Illinois, and, thereafter, a revised Initial Equalized Assessed Valuation Certificate for the TIF District shall be obtained from the office of said County Clerk. SECTION 5: This Ordinance shall be in full force and effect from and after its adoption PASSED this 8th day of July 2019. Trustee Grear Trustee Minx Trustee Ramos Trustee Travis Trustee Thill Trustee Witko 4 APPROVED by me this 8th day of July 2019. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 9th day of July 2019. Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT A REDEVELOPMENT PROJECT AREA FOR THE VILLAGE OF MORTON GROVE WAUKEGAN ROAD TAX INCREMENT FINANCING DISTRICT LEGAL DESCRIPTION LEGAL DESCRIPTION - Waukegan Road TIF District THAT PART OF THE WESTERN 'A OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN DEFINED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 17 IN FOURTH ADDITION TO MILLS PARK ESTATES, A SUBDIVISION OF PART OF LOT 3 IN ASSESSOR'S DIVISION OF THE NORTHWEST 1/4 OF SECTION 18 AFORESAID; THENCE WEST ALONG THE NORTH LINE AND SAID NORTH LINE EXTENDED WEST TO THE WESTERLY LINE OF THE FIRST 20 FOOT NORTH AND SOUTH PUBLIC ALLEY LYING WEST OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID WESTERLY LINE AND SAID WESTERLY LINE EXTENDED ACROSS BECKWITH ROAD, EAST AND WEST 16 FOOT PUBLIC ALLEY FIRST NORTH OF CHURCH STREET, CHURCH STREET AND THE EAST AND WEST 20 FOOT PUBLIC ALLEY FIRST SOUTH OF CHURCH STREET TO THE SOUTHEAST CORNER OF LOT 13 IN BLOCK 13 IN GOLF VIEW GARDENS, A SUBDIVISION IN THE WESTERN 'A OF SECTION 18 AFORESAID; THENCE WEST ALONG THE SOUTH LINE AND SAID SOUTH LINE EXTENDED WEST TO THE WEST LINE OF LOT 7 EXTENDED NORTH IN DILG'S SUBDIVISION OF THE NORTH 1/3 OF SECTION 18 AFORESAID; THENCE SOUTH ALONG SAID EXTENDED WEST LINE, THE WEST LINE OF SAID LOT 7 AND THE WEST LINE OF LOT 6 IN DILG'S SUBDIVISION AFORESAID, 314.50 FEET TO A POINT; THENCE SOUTHWESTERLY TO THE POINT OF INTERSECTION OF THE WEST LINE OF THE EAST 'h OF THE SOUTHWEST 'A OF SECTION 18 AFORESAID AND THE NORTHERLY LINE OF THE 175 FEET RIGHT-OF- WAY OF THE COMMONWEALTH EDISON COMPANY; THENCE SOUTHERLY ALONG SAID WEST LINE TO THE SOUTHERLY LINE OF SAID 175 FEET RIGHT-OF-WAY; THENCE SOUTHEASTERLY AND EASTERLY ALONG SAID 175 FEET RIGHT-OF-WAY TO THE WEST LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG THE SAID WEST LINE TO A POINT IN THE NORTH LINE OF LOT 1 IN THE FOREST VIEW, BEING GEORGE LANDECK'S SUBDIVISION OF PART OF LOTS 3 AND 4 IN FINK & OTHER'S SUBDIVISION OF PART OF SECTION 18 AFORESAID AND PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST ALONG SAID NORTH LINE AND SAID NORTH LINE EXTENDED WEST TO THE WEST LINE OF THE FIRST NORTH AND SOUTH 16 FOOT PUBLIC ALLEY LYING WEST OF WAUKEGAN ROAD; THENCE SOUTH ALONG SAID WEST LINE AND SAID WEST LINE EXTENDED SOUTH ACROSS GREENWOOD AVENUE TO ITS INTERSECTION WITH THE SOUTH LINE EXTENDED WEST OF LOT 24 IN THE FOREST 6 VIEW AFORESAID; THENCE EAST ALONG SAID EXTENDED SOUTH LINE; THE SOUTH LINE AND THE SOUTH LINE EXTENDED EAST OF SAID LOT 24 TO THE EASTERLY LINE OF WAUKEGAN ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A POINT IN THE SOUTH LINE OF LOT 152 IN DEMPSTER WAUKEGAN ROAD SUBDIVISION OF LOTS 1 AND 2 IN OWNER'S SUBDIVISION IN SECTION 18 AFORESAID; THENCE EAST ALONG SAID SOUTH LINE AND SAID SOUTH LINE EXTENDED EAST TO THE EAST LINE OF THE FIRST NORTH AND SOUTH 16 FOOT PUBLIC ALLEY LYING EAST OF WAUKEGAN ROAD; THEN NORTH ALONG SAID EAST LINE TO THE NORTH LINE, EXTENDED EAST OF LOT 155 IN SAID DEMPSTER WAUKEGAN ROAD SUBDIVISION; THENCE WEST ALONG SAID EXTENDED NORTH LINE AND THE NORTH LINE OF SAID LOT 155 TO THE EASTERLY LINE OF WAUKEGAN ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A POINT IN THE NORTH LINE OF LOT 170 IN SAID DEMPSTER WAUKEGAN ROAD SUBDIVISION; THENCE EAST ALONG SAID NORTH LINE AND SAID NORTH LINE EXTENDED EAST TO THE EAST LINE OF THE FIRST NORTH AND SOUTH 16 FOOT PUBLIC ALLEY LYING EAST OF WAUKEGAN ROAD; THENCE NORTH ALONG SAID EAST LINE TO THE SOUTHWEST CORNER OF LOT 126 IN SAID DEMPSTER WAUKEGAN ROAD SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 126 TO THE WEST LINE OF NEW ENGLAND AVENUE; THENCE NORTH ALONG SAID WEST LINE, AND SAID WEST LINE EXTENDED NORTH ACROSS CHURCHILL STREET TO THE NORTH LINE OF SAID CHURCHILL STREET; THENCE EAST ALONG SAID NORTH LINE TO THE EAST LINE OF THE FIRST NORTH AND SOUTH ALLEY LYING EAST OF WAUKEGAN ROAD; THENCE NORTH ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED NORTH TO THE SOUTH LINE OF LOT 5 IN DILG'S SUBDIVISION AFORESAID; THENCE EAST ALONG THE SAID SOUTH LINE TO THE WEST LINE OF DEMICHELES AND DIMATTEO'S SUBDIVISION OF PART OF LOT 5 OF DILG'S SUBDIVISION AFORESAID; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID DEMICHELES AND DIMATTEO'S SUBDIVISION; THENCE WEST ALONG THE NORTH LINE, EXTENDED WEST, OF SAID DEMICHELES AND DIMATTEO'S SUBDIVISION TO THE EASTERLY LINE OF WAUKEGAN ROAD; THENCE NORTHERLY ALONG SAID EASTERLY LINE AND SAID EASTERLY LINE EXTENDED ACROSS CHURCH STREET AND BECKWITH ROAD TO THE NORTH LINE OF BECKWITH ROAD; THENCE EAST ALONG SAID NORTH LINE AND SAID NORTH LINE EXTENDED EAST TO THE EAST LINE OF THE FIRST NORTH AND SOUTH 20 FOOT ALLEY LYING EAST OF WAUKEGAN ROAD; THENCE NORTH ALONG SAID EAST LINE AND SAID EAST LINE EXTENDED ACROSS LYONS STREET TO THE NORTH LINE OF THIRD ADD. TO MILLS PARK ESTATES IN SECTION 18 AFORESAID; THENCE WEST ALONG SAID NORTH LINE TO THE EAST LINE OF WAUKEGAN ROAD; THENCE NORTH ALONG SAID EAST LINE TO THE NORTH LINE, EXTENDED EAST, OF SAID LOT 17 IN FOURTH ADD. TO MILLS PARK ESTATES; THENCE WEST ALONG SAID EXTENDED NORTH LINE TO THE POINT OF BEGINNING IN COOK COUNTY, ILLINOIS. 7 EXHIBIT B DELETED PARCELS LEGAL DESCRIPTION LEGAL DESCRIPTION — Waukegan Road TIF - Exception EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 18 IN TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 104 IN FOREST VIEW SUBDIVISION, BEING A SUBDIVISION IN SAID SOUTH HALF OF SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 23, 1925 AS DOCUMENT NO. 8824972, SAID NORTHEAST CORNER OF LOT 104 ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF GREENWOOD AVENUE; THENCE EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE OF GREENWOOD AVENUE AND THE EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE OF WAUKEGAN ROAD TO A POINT ON THE SOUTH LINE OF LOT 156 IN DEMPSTER- WAUKEGAN ROAD SUBDIVISION, BEING A SUBDIVISION IN THE SOUTH HALF OF SAID SECTION 18, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 15, 1925 AS DOCUMENT NO. 9066534; THENCE EASTERLY ALONG THE SOUTH LINE OF LOT 156 AND IT'S EASTERLY EXTENSION THEREOF TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 156; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 151 IN SAID DEMPSTER-WAUKEGAN ROAD SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION AND NORTH LINE TO A POINT ON SAID EAST RIGHT- OF-WAY LINE OF WAUKEGAN ROAD; THENCE SOUTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 24 IN SAID FOREST VIEW SUBDIVISION; THENCE WESTERLY ALONG SAID EASTERLY EXTENSION, SOUTH LINE AND WESTERLY EXTENSION THEREOF TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF THE PUBLIC ALLEY ADJOINING SAID LOT 24; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. 8 STATE OF ILLINOIS COUNTY OF COOK ) SS CERTIFICATION OF ORDINANCE AND MINUTES 1, the undersigned, do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Morton Grove, Cook County, Illinois (the "Village"), and that as such official I am the keeper of the records and files of the President and Trustees of the Village (the "Corporate Authorities"). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Corporate Authorities held on the 8th day of July, 2019, insofar as same relates to the adoption of an ordinance entitled: AN ORDINANCE OF THE VILLAGE OF MORTON GROVE DESIGNATING THE SAWMILL STATION REDEVELOPMENT PROJECT AREA a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Corporate Authorities on the adoption of said ordinance were conducted openly, that the vote on the adoption of said ordinance was taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice; that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities at least 48 hours in advance of the holding of said meeting and was continuously made available for viewing for at least the 48 hour period in advance of the holding of the meeting; that said agenda described or made specific reference to said ordinance; that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the provisions of said Act and said Code and with all of the procedural rules of the Corporate Authorities. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village, this 8th day of July, 2019. (SEAL) 9 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 19-09 J PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED S26,000,000 SENIOR LIEN TAX INCREMENT REVENUE BONDS, SERIES 2019 (SAWMILL STATION REDEVELOPMENT PROJECT), OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AND PROVIDING FOR THE EXECUTION OF A TRUST INDENTURE AND A BOND ORDER IN CONNECTION THEREWITH Introduced: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Respectfully submitted: Ralph ' . Czerwinski June 24,2019 To authorize the Village to sell Revenue Bonds to support the redevelopment of the Sawmill Station Shopping Center. The bonds will be paid from new tax revenue generated by the Shopping Center and not from the general revenue of the Village IM Kensington MG LLC, a Delaware limited liability company (hereinafter "the Developer") has purchased and proposes to redevelop the approximately 26 -acre commercial center formerly known as the Prairie View Shopping Center ("the Property") but only if the Village provides fmancial assistance for the project. In order to support this redevelopment, the Village plans to establish a new Sawmill Station TIF District and has negotiated a Redevelopment Agreement whereby the Village will reimburse the Developer for certain infrastructure, planning and other qualified costs. In order to fund these reimbursements, the Village plans to sell Revenue Bonds and make the net proceeds from the sale of these bonds available to the Developer. The principal and interest on the bonds will be paid from new property and sales taxes generated from the Shopping Center. This ordinance will provide for the issuance of tax increment allocation revenue bonds for the purpose of paying or reimbursing costs for the redevelopment of the Sawmill Station Shopping Center. The Village will pledge certain incremental property and sales taxes derived from the shopping center to pay the principal of, and applicable premium, and interest on the bonds. The ordinance provides many details of the bonds, including tax-exempt covenants, provisions for terms and form of the bonds, authority for the execution of a trust indenture and a bond order, and appropriations. Administration, Legal, and Finance Departments None at this time N/A The Village Administrator, Corporation Counsel, and Finance Director will take all steps necessary to this Ordinance as part of their normal workload Approval as presented. Required — July 8, 2019 Reviewed by: lage Administrator Hanna Sullivan, Finance Director Prepared by: j 601 Teresa Hoffman Lists , orporation Counsel EXTRACT OF MINUTES of the regular public meeting of the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, held at the Village Hall in said Village, at 7:00 p.m., on the 8th day of July, 2019. The President called the meeting to order and directed the Village Clerk to call the roll. Upon the roll being called, the President and the following Trustees answered physically present at said location: The following Trustees were allowed by a majority of the Trustees in accordance with and to the extent allowed by rules adopted by the President and Board of Trustees to attend the meeting by video or audio conference: No Trustee was not permitted to attend the meeting by video or audio conference. The following Trustees were absent and did not participate in the meeting in any manner or to any extent whatsoever: The following were absent: The President and Board of Trustees then discussed the Village's ongoing redevelopment project for its [ 1 Redevelopment Project Area and considered an ordinance providing for the issuance of Senior Lien Tax Increment Revenue Bonds, Series 2019 (� 1 Redevelopment Project), of the Village, and providing for the execution of a trust indenture and a bond order in connection with the issuance of such bonds. Thereupon, the Village Administrator presented and explained in full the following ordinance, which was before the President and Board of Trustees and made available to any person requesting one in words and figures as follows: SMRH:4817-9416-2585.1 ORDINANCE NUMBER 19-09 AN ORDINANCE providing for the issuance of not to exceed $26,000,000 Senior Lien Tax Increment Revenue Bonds, Series 2019 (Sawmill Station Redevelopment Project), of the Village of Morton Grove, Cook County, Illinois, and providing for the execution of a trust indenture and a bond order in connection therewith. Adopted by the President and Board of Trustees on the 8th day of July 2019. SMRH:4817-9416-2585.1 Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Section 24. TABLE OF CONTENTS Page Incorporation of Preambles 2 Definitions 2 Determination to Issue Bonds 9 Bond Details; the Depository 9 Redemption 10 Redemption Procedure 11 Execution; Authentication; Indenture 15 Registration of Bonds; Identity of Owners 16 Form of the Bonds 17 Pledged Taxes Pledged; Operation of Special Tax Allocation Fund; Operation of Limited Incremental Sales Tax Fund; Rebate Fund; Investment Income 26 Sale of Bonds; Execution of Bond Order, Purchase Contract, Limited Offering Memorandum and Closing Documents 33 Creation and Maintenance of Funds; Appropriations; Investments 35 Village Covenants 37 Additional Bonds 39 Refunding Bonds 42 General Arbitrage Covenants 42 Not Private Activity Bonds 43 Further Tax Covenants 44 Reimbursement 44 Registered Form 45 Opinion of Counsel Exception 45 Publication of Ordinance 45 Superseder and Effective Date 45 Severability 45 EXHIBIT A EXHIBIT A-1 EXHIBIT B SMRH:4817-9416-2585.1 LEGAL DESCRIPTION OF REDEVELOPMENT PROJECT AREA LEGAL DESCRIPTION OF PROPERTY FORM OF INDENTURE -1- ORDINANCE NUMBER 19-09 AN ORDINANCE providing for the issuance of not to exceed $26,000,000 Senior Lien Tax Increment Revenue Bonds, Series 2019 (Sawmill Station Redevelopment Project), of the Village of Morton Grove, Cook County, Illinois, and providing for the execution of a trust indenture and a bond order in connection therewith. WHEREAS, by proceedings spread in full upon the records of the Village of Morton Grove, Cook County, Illinois (the "Village"), pursuant to the provisions of the Tax Increment Allocation Redevelopment Act, as supplemented and amended (the "TIF Act"), and particularly as supplemented by the Local Government Debt Reform Act, as amended, and the other Omnibus Bond Acts, and as further supplemented and, where necessary, superseded, by Section 6 of Article VII of the 1970 Constitution of the State of Illinois (collectively, the "Act"), the President and Board of Trustees of the Village (the "Corporate Authorities") have heretofore determined, and do hereby determine, as follows: A. On the 8th day of July, 2019, the Corporate Authorities adopted (A) Ordinance No. 19-06, approving a redevelopment plan (the "Redevelopment Plan") and project (the "Redevelopment Project") for the Sawmill Station Redevelopment Project Area (as legally described in EXHIBIT A attached hereto, the "Redevelopment Project Area"), (B) Ordinance No. 19-07, designating the Redevelopment Project Area, and (C) Ordinance No. 19-08, adopting tax increment allocation financing for the Redevelopment Project Area •and creating a special tax allocation fund therefor (the "Special Tax Allocation Fund") (collectively, the "TIF Ordinances"). B. On the 8th day of July, 2019, the Corporate Authorities adopted Resolution Number 19-29, authorizing the execution of that certain Redevelopment Agreement (the "Developer") between the Village and IM Kensington MG, LLC, a Delaware limited liability company (the "Redevelopment Agreement"). C. Pursuant to the Redevelopment Agreement, the Developer has agreed to assemble real property or rights therein on a site within the Redevelopment Project Area (as legally described on EXHIBIT A-1 attached hereto, the "Property"), and to construct on the Property certain retail and commercial improvements (including all electrical, engineering, financial, legal and other related services and expenditures, collectively, the "2019 Retail TIF Project"). D. The Village has heretofore determined that it is advisable and necessary and in the best interests of the Village that the costs of the 2019 Retail TIF Project now be paid or SMRH:4817-9416-2585.1 -1- reimbursed, and, to that effect, the Village wishes to provide in this Ordinance for the execution of an indenture of trust, for the issuance of the hereinafter defined Series 2019 Senior Lien Bonds, for the continuation and operation of the Special Tax Allocation Fund and the accounts therein and for the creation and operation of the Limited Incremental Sales Tax Fund. G. All of the costs of the redevelopment project to be financed with the proceeds of the Series 2019 Senior Lien Bonds constitute eligible "redevelopment project costs" under the TIF Act and have been or will be approved by the Corporate Authorities in accordance with the Redevelopment Plan. H. The Village has insufficient cash on hand and lawfully available to pay the costs of the 2019 Retail TIF Project and does hereby determine that it is necessary and advisable at this time to borrow money, and in evidence thereof issue a series of senior lien tax increment allocation revenue bonds of the Village in the aggregate principal amount of not to exceed $26,000,000 to pay the same. I. It is necessary and advisable that the Village authorize the execution of an Indenture of Trust (the "Indenture") dated as of August 1, 2019, by and between the Village and Amalgamated Bank of Chicago., Chicago, Illinois, as trustee (the "Trustee"), in order to provide for the security of said Bonds. WHEREAS, the Corporate Authorities hereby determine that it is advisable to provide for the issuance of the Bonds secured by the hereinafter defined Pledged Taxes; and WHEREAS, the Bonds will constitute a Series of Senior Lien Bonds and this Ordinance will constitute a Senior Lien Bond Ordinance under the Indenture: NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Morton Grove, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct and complete and do incorporate them into this Ordinance by this reference. Section 2. Definitions. The following words and terms used in this Ordinance shall have the following meanings unless the context or use clearly indicates another or different SMR11:4817-9416-2585.1 -2- meaning is intended. Words and terms used in this Ordinance but not defined herein shall have the meanings set forth in the Indenture. A. The following words and terms are as defined in the preambles hereto. Act Corporate Authorities Developer Indenture Property Redevelopment Agreement Redevelopment Plan Redevelopment Project Redevelopment Project Area Special Tax Allocation Fund TIF Act TIF Ordinances 2019 Retail TIF Project Trustee Village B. The following words and terms are defined as set forth. "Additional Bonds" means any bonds issued in the future on a parity with and sharing ratably and equally in the Pledged Taxes with the Bonds. "Authorized Denominations" means $100,000 with increments of $5,000 in excess of $100,000. "Baseline Taxes" means $56,000.00 for each of the last 2 calendar quarters of 2019; $57,680.00 for each 2020 calendar quarter; $59,410.00 for each 2021 calendar quarter and increasing 3% each year thereafter. "Bond" or "Bonds" or "Series 2019 Senior Lien Bond" or "Series 2019 Senior Lien Bonds" means one or more, as applicable, of the not to exceed $26,000,000 Senior Lien Tax Increment Revenue Bonds, Series 2019 (Sawmill Station Redevelopment Project), authorized to be issued by this Ordinance. For all purposes of the Indenture, the Bonds shall be Senior Lien Bonds. SMRH:4817-9416-2585.1 -3- "Bond Counsel" means Sheppard, Mullin, Richter & Hampton, LLP, Chicago, Illinois. "Bond Fund" means the Senior Lien Principal and Interest Subaccount of the 2019 Redevelopment Projects Account of the Special Tax Allocation Fund established under the Indenture. "Bond Order" means the written bond order and notification of sale signed by any Designated Officer and setting forth certain details of the Bonds as hereinafter provided. "Bond Register" means the books of the Village kept by the Trustee, as Bond Registrar, to evidence the registration and transfer of the Bonds. "Bond Registrar" means the Trustee, acting as Bond Registrar under this Ordinance and the Indenture, or a successor thereto. "Book Entry Form" means the form of Bonds in which they are delivered to a depository and held solely by a depository, or its nominee, as record owner, transfers of beneficial ownership for such Bonds being made by book entries in accordance with the procedures of such depository. "Code" means the Internal Revenue Code of 1986, as amended. "Completion Date" means the date of the certification to the Village Treasurer by the architect or engineer in responsible charge of the 2019 Retail TIF Project that the 2019 Retail TIF Project has been completed. "Continuing Information Agreement" means that agreement among the Village, the Developer and the Trustee to provide certain ongoing information for the benefit of the registered owners of the Bonds. "Current Debt Service Requirement" means, for any Bond Year, the aggregate Interest Requirement and Principal Requirement for all Bonds then outstanding. SMRH:4817-9416-2585.1 -4- "Designated Officers" means the President, Clerk, Administrator, Treasurer, or [Finance Director] of the Village, or any two of them acting together, and successors or assigns. "Effective Date" means July 8, 2019. "Eligible Store" means each commercial establishment generating Sales Taxes and located within the Property. "Fiscal Year" means the 12 -calendar month period chosen by the Village as its fiscal year. "Home Rule Sales Taxes" means tax revenues generated by retail sales from Eligible Stores through the imposition of the Village's (current as of the Effective Date) 1.25% home rule municipal retailers' occupation tax (pursuant to 65 ILCS 5/8-11-1) or the Village's (current as of the Effective Date) 1.25% home rule municipal service occupation tax (pursuant to 65 ILCS 5/8- 11-5) or any tax or legislation in substitution therefor. This does not include food and beverage tax, business district tax or any other taxes. "Incremental Property Taxes" means the ad valorem taxes, if any, arising from the taxes levied upon taxable real property in the Redevelopment Project Area by any and all taxing districts or municipal corporations having the power to tax real property in the Redevelopment Project Area, which taxes are attributable to the increase in the then current equalized assessed valuation of each taxable lot, block, tract or parcel of real property in the Redevelopment Project Area over and above the total Initial Equalized Assessed Value of each such piece of property, all as determined by the County Clerk, and as provided in the TIF Act. "Incremental Sales Taxes" means any distributions by the State to the Village of Sales Taxes imposed on Eligible Stores within the Property over and above the Baseline Taxes, or successor taxes thereto. S MRH:4817-9416-2585.1 -5- "Independent" when used with respect to any specified person means such person who is in fact independent and is not connected with the Village as an officer, employee, consultant, financial advisor, underwriter or person performing a similar function. Whenever it is herein provided that the opinion or report of any Independent person shall be furnished, such person shall be appointed by the Village, and such opinion or report shall state that the signer has read this definition and that the signer is Independent within the meaning thereof. "Initial Equalized Assessed Value" means the equalized assessed value of each taxable lot, block, tract or parcel of real property within the Redevelopment Project Area as last equalized or assessed by the Department of Revenue of the State of Illinois for State and County taxes, all as determined by the County Clerk in accordance with the TIF Act. "Interest Payment Date" means a Stated Maturity of interest on any Bond. "Limited Incremental Property Taxes" means an amount of Incremental Property Taxes which is equal to that portion of each distribution of Incremental Property Taxes arising from the Property. "Limited Incremental Sales Tax Fund" means the fund created in Section 4.07 of the Indenture. "Limited Incremental Sales Taxes" means fifty percent (50%) of the Incremental Sales Taxes. "Limited Offering Memorandum" means the Limited Offering Memorandum of the Village dated the date of initial issuance of the Bonds offering the Bonds for sale. "Maximum Annual Debt Service" means at any given time of determination an amount equal to the maximum Principal Requirement and Interest Requirement on the Bonds and any Additional Bonds then outstanding in the then current or in any succeeding Bond Year by reason SMRH:4817-9416-2585.1 -6- of Stated Maturities, scheduled mandatory prepayments or by operation of any mandatory sinking fund. "Municipal Portion" means, collectively, that portion of the Incremental Property Taxes and that portion of the Incremental Sales Taxes not pledged under this Ordinance and the Indenture to the payment of principal of and applicable premium and interest on the Bonds, to - wit: an amount of Incremental Property Taxes equal to that portion of each distribution of Incremental Property Taxes which is not derived from the Property and fifty percent (50%) of each distribution of Incremental Sales Taxes. "Ordinance" means this Ordinance, numbered 19-09 and passed by the Corporate Authorities on the 8th day of July 2019. "Permitted Investments" means any investment lawful under Illinois law for the investment of Village funds, to be prudently made, and scheduled to mature prior to the time when needed. "Pledged Taxes" means, collectively, the Limited Incremental Property Taxes and the Limited Incremental Sales Taxes. "Private Business Use" means any use of the 2019 Retail TIF Project by any person other than a state or local governmental unit, including as a result of (i) ownership, (ii) actual or beneficial use pursuant to a lease or a management, service, incentive payment, research or output contract or (iii) any other similar arrangement, agreement or understanding, whether written or oral, except for use of the 2019 Retail TIF Project on the same basis as the general public. "Project Fund" means the 2019 Retail TIF Project Fund created in Section 11(D) hereof. "Program Expense Requirement" means, for any Bond Year, not to exceed $25,000. SMRJ-L4817-9416-2585.1 -7- "Purchase Contract" means the Bond Purchase Agreement to be executed by the Village and the Underwriter for the purchase of the Bonds. "Purchase Price" means the price to be paid by the Underwriter to the Village for the Bonds as set out in the Bond Order, provided the Purchase Price shall be not less than ninety- eight and one-half percent (98.5%) of par (without regard to original issue discount, if any, or original issue premium, if any). "Record Date" means the fifteenth day of the month preceding any regularly scheduled Interest Payment Date and the fifteenth day prior to any Interest Payment Date caused by a redemption of Bonds on other than a regularly scheduled Interest Payment Date. "Sales Taxes" means generally applicable sales taxes collected by the State and levied on Eligible Stores pursuant to the Retailers' Occupation Tax Act, as amended, the Service Occupation Tax Act, as amended, the Use Tax Act, as amended and the Service Use Tax Act, as amended and Home Rule Sales Taxes or successor taxes or charges imposed by the State or the Village in lieu thereof or in addition thereto. "Series 2019 Senior Lien Debt Service Reserve Requirement" means that amount set forth in the Bond Order. "Stated Maturity" when used with respect to any Bond or any interest thereon means the date specified in such Bond as the fixed date on which the principal of such Bond or such interest is due and payable whether by maturity, mandatory redemption, or otherwise. "Term Bonds" means Bonds subject to mandatory redemption by operation of the Bond Fund. "Underwriter" means D.A. Davidson & Co., Chicago, Illinois. SMRH:4817-9416-2585.1 -8- Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the Village to borrow money and issue its Bonds to pay or reimburse a portion of the costs of the 2019 Retail TIF Project as enumerated in the preambles hereto, and all related costs and expenses incidental thereto, including, if necessary, an initial deposit to the Senior Lien Debt Service Reserve and Redemption Subaccount. It is hereby expressly found and determined that such borrowing is authorized pursuant to the Act, is a proper public purpose for the Village, and is further authorized pursuant to the home rule authority of the Village. Section 4. Bond Details; the Depository. For the purposes specified in Section 3 there shall be issued and sold the Bonds in the principal amount of not to exceed $26,000,000. The Bonds shall each be designated "Senior Lien Tax Increment Revenue Bond, Series 2019 (Sawmill Station Redevelopment Project)" (or such other title or Series designation as the Designated Officers shall deem advisable as set forth in the Bond Order); be dated such date not earlier than August 1, 2019, or later than December 1, 2019, as shall be provided in the Bond Order (the "Dated Date"); and shall also bear the date of authentication thereof. The Bonds shall be "Senior Lien Bonds" as provided in the Indenture, shall be in fully registered form, shall be in Authorized Denominations, shall be numbered consecutively in such fashion as shall be determined by the Trustee, and shall, subject to rights of prior redemption as hereinafter provided, mature serially or as Term Bonds on January I of any of the years from 2020 up to and including the year 2040 and in the amounts and bearing interest at the rates percent per annum as shall be set forth in the Bond Order, provided, however, that no Bond shall bear interest at a rate percent per annum which is in excess of five and three quarters percent (5.75%). Each Bond shall bear interest from the later of its Dated Date as provided herein or from the most recent Interest Payment Date to which interest has been paid or duly provided for, such SMRH:4817-9416-2585.1 -9-