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HomeMy WebLinkAbout2008-01-14 AgendaAGENDA vILLAGE ®F MORT®~ GR®vE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER January 14, 2008 Meeting 7:30 pm Call to Order 2. Pledgc of .411egiance Roll Call 4, Approval of Minutes - Regular Meeting, December 10, 2007 Regular Meeting -Reconvened, December 13, 2007 Public Hearings 6. Special Reports a. Presentation of Employee Anniversary Awards (Adam Tabor, Michael Mercieri, Jerry Coursey, and Freya Maslow) b. Presentation From the Federal Communications Commission referencing Analog to Digital Switchover for Television Broadcasting. c. Plan Commission Case PC07-08 which Requests a Special Use Permit to Construct and Install Two Radio Antennas on an Existing Tower at the Site Commonly Known as 8323 Nagle will be Presented by Plan Commission Chairperson Ron Farkas d. Plan Commission Case PC07-1 O which Requests an Amendment to an Existing Planned Unit Development for an Extension of Time for the Progression of Construction at the addresses commonly known as 6415 Dempster, 6421-57 Dempster and 8717 Lincoln Avenue will be Presented by Plan Commission Chairperson Ron Farkas Resident's Comments (agenda items only) President's Report -Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Appointments 1) Community Relations Commission reappointments: Diane C7rigg, Samina I4ussain, and Robyn Caplan Clerk's Report -Condominium Association, Advisory Commission on Aging 10. Staff Reports a. Village Administrator 1) Information Regarding the Chicago Water Rate Increase to Morton Grove 2) Miscellaneous Reports and Updates b. Corporation Counsel i i . neptii ii uy T 8'nstceS a. Trustee Brunner -Legal, Family and Senior Services Depm'tment, Cable and Telecommadnieations Commission, Envirronmentat Health, Waukegan Road TIF Review, Solid Waste Agency of Northern Cook County (Tr~rstee Kogstad) 1) Ordinance 08-OI (Introduced.Ianuary 14, 2(J(78) Establishing Title 7, Chapter 7A Entifled Cable and Video Customer Protection Law in the Village 2) Resolution 08-O1 (Introduced.Ianuary 1 A, 2008) Authorizing the Execution of an Agreement between the Village of Morton Grove and Windy City Amusements, Inc., to Supply Canvval Rides and Amusements for the 2008 through the 2010 Morton Grove Days Festivities 3) Resolution 08-03 (Introduced January 14, 2008) Approving and Authorizing an Amendment to a Lease Agreement by and L~etween the Village and SBC Tower Holdings, LLC for Installing, Operating, and Maintaining Communication Facilities at 6101 Capulina Avenue b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) a Trustee Marcus -Police Deparhnent, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. Trustee Minx -Finance Department, Real Estate Committee, Plan Commission, Ferris/I ehigh TIF Review, Fire Department, RFD Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann) 1) Ordinance 08-02 (Introduced January ]4, 2008) Granting a Special Use Permit in the Village for Property Located at 8323 Nagle Avenue for a Commercial Radio Antemla Installation 2) Ordinance 0$-03 (Introduced.Ianuary 14, 2008) Granting a Special Use Amendment in the Village of Morton Grove for the Property Located at 6415 Dempster Street, 6421-645"7 Dempster Street, and 8717 Lincoln Avenue, (The Preserve) to Extend a Time Extension to Commence and Proceed With Construction of a Planned Unit Development Reports ny Trustees (continued) d. 'Crustee Minx (continued) 3) Ordinance 08-04 (Introduced January 14, 2008) Establishing Titte 4, Chapter 17G Entitled Self-Storage Facility (accommodations Tax in the Village e. Trustee Staackmann -Building Department, Appearance Conxmisston, ESDA, IT/Conzmuraication~s, Dempster Street Corridor Plan (Trustee Brunner) Trustee Thill -Public YAor°ks, Capital Ptro}'ects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County (Trustee Marcus) 1) Resolufion QS-Q2 (Introd±tced January 14, 2008) Authorizing the Execution of an Agreement with Ciorba Group, Tnc. for the ~aukegau Road Lighting Improvement Project 12. 13 14. ®ther Business Presentation of Warrants -December 24, 2007 $1,367,391.45 January 14, 2008 $1,459.804.72 Total '2 827 196.17 Resident's Comments 15. Exeeuti~e Session - Prvrohase of Real Estate, Personnel, T abOr Negotiations, and General Rawl Estate 16. AdjOUrnment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and wlvo require certain accorntnodatbons 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) pronvptly to allow the Village to nvake reasonable accotvzmodations. CALL TO ORDER Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Rita Minx, Dan Staackmann, and John Thill. Trustee Shel Marcus was on vacation. APPROVAL OF MINUTES V. IV Regarding the Minutes of the November 26, 2007 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Thill, to approve the November 26, 2007 Regular Meeting Minutes as presented. Motion passed unanimously via voice vote. PUBLIC HEARINGS 2007 Tax Levv Mayor Krier opened the Public Hearing on the 2007 Tax Levy at 7:32 p.m. and asked the assemblage if anyone had any questions or comments regarding said Tax Levy. No one did. Therefore Trustee Minx moved to close the Public Hearing, seconded by Trustee Thill. The motion passed unanimously via voice vote. The Public Hearing closed at 7:33 p.m. SPECIAL REPORTS Swearing In Ceremony for New Firefigher/Paramedic Joseph G. Durante Police and Fire Commission Chairman Mike Simkins performed the swearing-in ceremony of Joseph G. Durante as the Village's newest Firefighter/Paramedic. Firefighter Durante began his employment in Morton Grove on November 26, 2007. He is afully-trained Firefighter IIV Paramedic and began shift work today. The Board congratulated Firefighter Durante as his wife pinned on his badge. Minates of Decemker 10, 200T8oard Meetingl VI. RESIDENTS' COMMENTS (Agenda Items Only) Eric Poders. Mr. Poders said that, once again, the Minutes of November 26, 2007 are not accurately reflective of his statements. He said he had been misquoted, and suggested that the Board consider, for 2008, having "Residents' Oomments (Agenda Items Only} appear on the Agenda prior to the Approval of Minutes so that residents would have a chance to correct any misquotes. Mayor Krier responded that the Minutes are not meant to be verbatim. He pointed out that Mr. Poders' comments were taped and were being shown on television, so no one could misconstrue his comments. The mayor said that if Mr. Poders fait lie was being ~~usquoted, he should put a statement in writing that could be attached to the Minutes. Mr. Poders said he has done that in the past, to no avail. Mayor Krier said that the statement would be attached to the Minutes and be filed with them. Patrick Kansoer. Mr. Kansoer spoke regarding the tax levy. He was concerned over a statement that had been previously made that indicated the Village Board would assess the levy and if the funds weren't needed, they could do a rebate. He said he'd rather the Board didn't do it that way. Mr. Kansoer also felt that the accounting basis was an issue. The Village is on a cash basis rather than an accrual basis. He cited a Municipal Finance Task Force's finding that, for government entities, the accrual basis is the preferable one. Using a cash basis, government receivables and liabilities are not accurately reflected, plus it encourages "end of year" spending, because department heads are held responsible for how much they spend, not necessarily how efficiently they spend. He went on to explain in some detail the benefits of using the accrual basis, and said that using cash accounting basis "works against transparency." Dan DiMaria. Mc DiMaria said that, as a former Trustee, he disagreed with tvir. Kansoer's statement that department heads spending money at the end of the year because it's there. He said that Morton Grove's department heads are just the opposite-they try very hard to not spend what's in their budget. Mr. DiMaria said that he's heard that some trustees want to lower the tax levy and some want to raise it. He felt the Board needed to be more diligent about dollars coming into the Village. He said the Board had let some businesses, for exam- ple, the OTB, go to other towns, and if that hadn't happened, there wouldn't be any discussion about lowering the levy. Mr. DiMaria also offered kudos to Andy DeMonte and the Public Works Department personnel for doing a great job of keeping the streets clean. VII. PRESIDENT'S REPORT a. Mayor Krier proclaimed the month of December 2007 as "Drunk and Drugged Driving (3D) Prevention Manth" in the Village and called upon everyone to support programs and policies to reduce the incidence of impaired drive, and to promote safer and healthier behaviors regarding the use of alcohol and drugs during the December holiday season and throughout the year. b. Mayor Krier said he wanted to bring to people's attention a new program in Illinois called "Tracking Alcohol in Illinois" or "TRAIL". The program began in 2006 and it activates when underage drinking leads to injuries or death. Minutes of December 10, 2007 Board Mee0dg: VII. PRESIDENT'S REPORT (continued) Mayor Krier said that, when such an incident occurs, special agents from the Illinois Liquor Control Commission investigate the incident to try to determine where the alcohol originated. In the program's first year; agents investigated 28 incidents that resulted in 19 fatalities and 45 injuries. In only three of the 28 cases, the liquor originated from a liquor store or bar. in the rest, it was from the family. On August 31, 2007, a new State law was passed that under- scores adult responsibility for preventing underage drinking. It increases the penalty from one year to three years in prison and up to $25,000 in fines for parents who knawingly allovd underage alcohol consumption in their homes and the drinking leads to serious injury or death. It is a Class IV felony for a parent to allow underage drinking in their home. Mayor Krier said he brought this up this evening because of its obvious tie-in with the prociarr~atioir he read earlier. He commented that it's tough to be aparent-"you have to be diligent in where your children go and who they're with." a Mayor Krier gave kudos to the Morton Grove Police Department for apprehending a resident holding quite a few questionable passports and IDs. He said the FBI and Homeland Security are now involved, but this person would never have been found if not for good, smart police work. The police were at the residence on a different issue and saw something suspicious. The officers then obtained a search warrant and found the passports and IDs. VIII. IX. A. Village Administrator STAFF REPORTS a. Mr. Wade reminded the assemblage that the Village Board Meeting scheduled for December 24, 2007, was cancelled due to the Christmas holiday. b. Mr. Wade wished the Board, staff, and the assembiage happy holidays. Corporation Counsel: B. CLERK'S REPORT Clerk Fritzshall said that early voting will be held from January 14 through January 31, 2008. She said that Morton Grove is currently not on the list as an early voting location, so she'll be calling the County Clerk to see if that can be changed. Clerk Fritzshall said that the Presiden- tial Primary will be held on February 5, 2008 and the General Election will be on November 4. People interested in voting in the Primary can register to vote up to and including January 8`h at Village Hall or the township office. They can also go downtown to the Clerk's office and register from January 9'h to January 22nd Ms. Liston had no report. ` "" A7indtes of Decemder1q 2007BOard Meetingi X. A. Trustee Brunner: TRUSTEES'REPORTS 1. Trustee Brunner had no formal report, but announced that the Board of Environmental Health is still encouraging people to participate in the Nike "Reuse-a-Shoe' program in conjunction with the Solid Waste Agency of Northern Cook County (SWANCC). There is a collection box at Village Hall for all used athletic shoes; however, shoes that have metal eyelets, zippers, cleats, or spikes cannot be donated. 2. Trustee Brunner informed the assemblage that, on January 14, 2008, a representative from the FCC would be making a presentation at the Village Board meeting regarding the conver- sion from analog to digital televisions which becomes effective nationally in February of 2009. She encouraged everyone interested to attend. 3. Trustee Brunner thanked Public Works for their efforts over the past couple of weekends. She wished everyone a happy holiday season. B. Trustee Marcus: Trustee Marcus was absent - no report. C. Trustee Kopstad: Trustee Kogstad had no report. D. Trustee Minx: Trustee Minx presented Ordinance 07-33, An Ordinance Levying and Assessing Taxes for the Village of Morton Grove, Cook County, Illinois for the Fiscal Year Beginning January 1, 2008 and Ending December 31, 2008. This is the second reading of this ordinance. Trustee Minx explained that this ordinance sets the tax levy for property taxes for tax year 2007 which are then collected in 2008. The Budget passed by the Board calls for expendi- tures in the amount of $48,832,109. The amount necessary to be levied for 2007 property taxes is $11,898,236. By law, the Village is required to levy an additional $1,407,791 for debt service payments authorized by general obligation notes and bonds, for a total levy (before abatement) of $13,306,027. However, the Village Board intends to adopt several resolutions which will immediately abate the $1,407,791 from the levy, resulting in the net levy amount of $11,898,236. Trustee Minx moved to approve Ordinance 07-33, seconded by Trustee Brunner. . Minutes of December 10, 2007Boartl r~Reeking X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mayor Krier asked if there was any discussion. Trustee Minx said that Mr. DiMaria's statement about letting the OTB go to Niles was totally inaccurate. She had a newspaper article dated February 17, 2005 saying that Menards pulled the plan for the OTB and so the Board never voted out on the OTB. Mayor Krier remarked on Mr. Kansoer's comments. He agreed that he himself had, in the past, brought up budget cuts at the eievenih hour, but noted that ii is betfer to have a fuii discussion and to get staff and the public involved. He said it's not possible to get a full, good discussion when things are brought up at the last minute. He said he had been relatively new to the Board at the time when he proposed his last-minute budget cuts. Regarding the accrual basis versus the cash basis, Mayor Krier said the Village does both and offered to point it out to Mr. Kansoer. He said his goal is transparency, and he felt that the cash basis showed how "liquid" the Village is at any time. He said the Village is audited every year by an outside firm, and pays close attention to ifs assets and liabilities. If there is a catastrophic event or anticipated tax revenues are delayed, having a cash balance is good. Mayor Krier said the Board had had a long discussion about what the appropriate levy would be, and everyone had been comfortable with 3.5%. He felt that changing it now would only be something being done for political purposes. The mayor pointed out that the 3.5% is equiva- lent to $328,000 more than the Board asked for last year. Of that $328,000, almost $172,000 is going to the pension funds, leaving $156,000 to cover other things such as increased fuel costs and increased salaries arising out of contract negotiations. Mayor Krier said that, with the 2008 Budget, the Village is actually spending more than it's taking in. Even so, the spending is 1.97% less than last year's spending. Mayor Krier thanked former Trustee DiMlaria for pointing out that the department heads are diligent about spending and about watching costs. He said he wished the Village could ask fora 0% tax levy increase or even rebate taxes, but that's not possible. He said he'd like anyone wishing to cut the levy to show him either a new revenue source or somewhere else to cut spending. Trustee Kogstad moved to amend Ordinance 07-33 so that the requested levy amount would be 2.5% rather than 3.5%. Trustee Thill seconded the motion. Mayor Krier said that was roughly $92,000 less and challenged Trustee Kogstad about it. Trustee Kogstad told Mayor Krier, "You are not a lawyer and this is not a courtroom." He said that he wanted to lay out his thinking regarding this amendment without being badgered. He felt that everyone should have an opportunity to speak, and noted that it's the mayor's job to chair the meeting and the trustees' job to discuss and then vote on the motion on the floor. Trustee Kogstad said he felt that a 1% decrease in the requested levy amount could be achieved because of the healthy fund balances the Village has. He felt Village residents needed some tax relief because they've been taxed 25% over the past two years. Trustee Kogstad said the Board members have been given different information regarding the Budget than they've received in the past. In the past, they've been given information based on the accrual method, which is what the auditors use and what the Government Finance Officers Association uses. Minut¢s of December 10, 2007BoaM Meeting: X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Kogstad said that, in accordance with generally accepted accounting principles, a "fund balance' serves as a measure of financial resources avaiiabie in a government fund." Credit rating agencies monitor levels of "fund" balances, not "cash" balances. He said that the previous Acting Finance Director provided a monthly Treasurer's Report showing the fund balances, cash, loans, liabilities, etc. In the May 2006 report, there are footnotes stating that the fund balance as shown was prepared on an accrual basis All of the previous Finance Director's fund balance reports were prepared on an accrual basis and they tied exactly to the audit (May 2005). The industry standard is the accrual method, and now Board members are looking at cash balances instead. Trustee Kogstad said this is important because the assumptions that govern the decision- making process change dramatically when the correct method is used. He said that the Government Finance Officers Association recommends maintaining an unreserved fund balance of between 5% and 15%. If an entity has other funds, it can be even further reduced. The Board has talked about maintaining a 25% fund balance in the General Fund. Trustee Kogstad said that, after the 2008 Budget, the General Fund balance will have a balance of over 30% using the accrual method. He said that the Village could draw down the fund balance by $1.6 million and still maintain a 25% fund balance, and felt there were ample funds in the fund balance to support his ordinance amendment. Trustee Kogstad stated that, had the proper accounting methodology been used, the ambulance that the Fire Department had requested for the 2008 Budget-which was deferred-could have been included in the Budget. The Village could have afforded the ambulance if it was willing to have a 25% fund balance. Trustee Kogstad said that, even using the current method, which is a hybrid cash method, the tax levy could be lowered to 1% (a 2.5% decrease} and still maintain a 25% cash balance. However, in the spirit of political compromise, his motion was fora 1 % decrease. He pointed out that the previous years' tax increase plus this year's proposed tax increase amounted to four times the rate of inflation. This is an excess burden on residents, especially the 24% of the Village's population who are seniors, and especially those seniors on a fixed income. He encouraged the Board to approve a 1 % decrease in the proposed tax levy, making it 2.5%. Trustee Brunner asked, if the levy stayed at 3.5%, how much does that raise the Village portion of the tax bill? Finance Director Partipilo responded that if one's tax bill was $3,000 annually, a 3.5% increase would raise it to $3,015. If the tax levy was 2.5%, it would raise a $3,000 tax bill to $3,011. Trustee Brunner clarified that the 2008 Budget is already going to be using $900,000 of the reserves for expenditures. Ms. Partipilo said it was $974,000. Trustee Brunner said that, without additional revenue coming in, the Village could spend all of its reserves just in maintaining the current level of services...overtho next six years. Trustee Staackmann said that Trustee Kogstad had called him on November 16th to discuss the budget. The t~vo of them met with Village Admistrator Wade, and there is a difference of opinion regarding the two accounting methods. Trustee Staackmann said that he believed there is some validity in what Trustee Kogstad presented at the last meeting, so he called his fellow trustees on November 21st to talk about the proposed tax levy increase. Initially, T rustee Kogstad wanted no increase in the tax levy, but after further discussion, felt that he could agree to a 1% tax levy decrease (approximately $94,000). .. X, TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Staackmann then called his fellow trustees again on the November 25th to let them know what was transpiring. He said Trustee Kogstad's proposal met with resistance at the November 26th Board Meeting, but he was amazed that some of his fellow trustees were acting as though this was the first they'd heard of it-when Trustee Staackmann had been keeping them, and staff, informed along the way. Ne said there are two issues here: one is about reducing the tax levy by 1 %, and the other is about how the Village presents its Budget. Trustee Staackmann said that he has asked for a workshop to be held during the first quarter of 2008 to resolve the accounting meipod issue. He said teat he's spoken to several acccun,t- ants and CPAs that he knows, as well as the previous Finance Director, and they, too, find the current hybrid method confusing. Trustee Staackmann said the Board needs to resolve the matter once and for all before next year's Budget preparation begins, so that everyone under- stands it. As for reducing the proposed tax levy by 1 %, Trustee Staackmann said that, in discussing that with Village administration, he was assured that it would not be detrimental to providing services. He said he was in complete agreement with Trustee Thill's statement from the November 26th Board Meeting, that if the Village takes money from the residents one way, it shouldn't give it back another way. It just shouldn't take the money in the first place! in spite of the concern about reserves, some of his fellow trustees still wanted to take $265,000 from the reserves and shift it around. Trustee Staackmann said he found that confusing, as well. He said that a 1% reduction in the levy amounts to $94,000. With a budget of this magnitude, and looking at some anticipated legislation on revenue enhancements scheduled for the first three months of 2008, Trustee Staackmann said he did not think it would be detrimental to re- duce the levy. Trustee Staackmann also commented on the OTB matter. He said the OTB had come to Mor- ton Grove initially because the Village had OTBs listed as a Special Use in its zoning ordi- nance. It's true that there were some differences of opinion between the OTB vendor and Menards, but it's also true that the Board voted to rescind OTBs as a Special Use-remove it from the zoning ordinance-which, he said, basically told the OTB "you're not wanted in Mor- ton Grove." Trustee Minx disagreed. She said Menards pulled the plug on the OTB and they went to Niles. It came to the Board as a text amendment to the zoning ordinance in May of 2005 and that's when the Board voted to remove it as a Special Use. She said the contract with Niles was already signed by then. Trustee Thill said that, while he normally "shoots from the hip," tonight he had a prepared statement that he wanted to read. In his statement, Trustee Thill said that he had been in many discussions about the levy over the past two weeks with private citizens, the mayor, and some of his fellow trustees. He thanked everyone who took the time to help him understand this complex issue. Trustee Thili said that someone had told him this was all about politics. He said he was stunned because he thought it was about finances. But when he thought about it, he realized it was true. If he cast his vote one way, it could be said about him that, "he doesn't care about the Village." If he voted another way, people could say, "he doesn't care about the residents-he's raising our taxes!" Trustee Thiil said that, earlier this year, the Board voted on which bank to use for the Village's banking needs. He voted to retain the bank that has been doing it for many years out of loy- alty, acommodity, he said, that is sorely lacking in society today. At the time, it was said of him and the other members of the Board who voted that way, that they weren't doing their fi- duciary responsibility. It later came out that information about the interest rates that the Minutes of December 10, 20078oard Mee0ng X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) banks had proposed to pay had not been included in the trustees' packets. This was very im- portant information which would have been very useful in the decision-making process, and whether it was an oversight or not could be considered a political issue. Trustee Thill said he brought that up because there are two ways to figure the budget: the cash balance method or the accrual method. He said he was disappointed that these talks hadn't taken place long before this evening, although he agreed that a discussion at the elev- enth hour is better than none at aii. He also said that he thought past Boards shouid have been raising the levy in the years Abt was in town. While it might have seemed a good idea in the short run not to raise the levy, in the long run it proved disastrous. The Village is trying to dig itself out of a financial hole, but if it's too aggressive in this pursuit, it could hurt people who are living on edge financially. Trustee Thill said the Village also has to take into consideration the businesses in town. The Village wants to bring more businesses in. He felt that higher taxes could be a factor in driving them out. He said that more people are talking about taxes than any other subject, except perhaps the war. Trustee Thill pointed out that both the State and County are in "fiscal messes." He said he'd like to give the residents a ray of hope that the Board hears their con- cerns, and said he'd rather levy a little more each year rather than a major "hit" all at once. Trustee Thill said he tried to keep politics out of his decision-making process and will continue to do so. He said the best interests of the Village should rise above any of the Board mem- bers, individually and collectively. Trustee Brunner said the administration would tell Trustee Staackmann that they could live with a 1 % tax increase because if the Board says that's what the increase is, that's what they have to live with. If the levy is lowered by 1 %, or $94,000, it's true that's not a large amount, but, she pointed out, the storm in late August/early September cost the Village $100,000 to clean up. Trustee Brunner said she did not see a 3.5% increase as "wasted" money because services are being provided with that money. The Village is going to be affected by the State and County financial constraints, for example, there will be less money for roads. Trustee Brunner said, "The Village has to find ways to take care of itself." She felt that lowering the levy by even 1% would, in the long run, be disastrous. Trustee Staackmann said that if staff would have said that a tax levy decrease would have a major impact on services, that would be weighted heavily in his decision. There is a cushion now, and to him, the debate on the floor is, do we maintain a 30% fund balance or a 25% fund balance. Mayor Krier said he felt the cash method was more transparent than the accrual method; the accrual method might give a more accurate picture, but it's not the whole picture. He said the fact is, for the 2008 Budget, the Village is spending more than it's taking in. It's true there is a cushion-because the Village did a hard thing two years ago. To avoid having to do sorne- thing like that again, Mayor Krier said, the Village needs to do this (increase the levy) me- thodically and in awell-thought-out way. He agreed with Trustee Thill that past administrations should have been slowly raising the levy while Abt was in town. He said the State is $48 billion unfunded in its pensions. That's where the Village was headed, but not anymore because "we've done the things we needed to do." Moody's is praising the Village because it's consis- tently raising its levy and paying its pensions. _.... Minutes of f)eeemter 10, 2007 Board Meeting:',. X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mayor Krier said the Village could buy the ambulance that was requested; and if they thought the ambulance was imminently likely to break down, they would. If something happens to it during 2008, the money would be there to take care of that. If we start spending it down, we'd have to go borrow money in the middle of the year. The 3.5% increase is the sensible, prudent thing to do. Mayor Krier said, °We're arguing process here, and to me, cash is the most transparent." Trustee Staackmann asked what documents Moody's had looked at when it made its evalua- tion. He thought it was the audit, and that's done using the accrual method. He suggested again that the Board has a workshop on the two different methods so that everyone can understand. Mayor Krier said Moody's looked at both the audit and the budget. He felt that lowering the levy was a political ploy, and reiterated that the Village is spending almost $1 million more in 2008 than it will be taking in. Trustee Minx said she, too, had had conversations with Trustee Staackmann and other trustees over the past couple weeks. She felt it was basically a difference in vocabulary and opinion. She suggested that the Board leave things as they are, without any decreases, because at any point in time during the year, a budget amendment can be made, whether it's to decrease the garbage or to purchase a new ambulance or to provide a police alarm system. When the budget workshops were finished, everyone had been in agreement with the budget and the levy. She did not feel it was something that necessarily had to be done tonight. She agreed that the Village is digging itself out of a hole now and is having to make hard decisions. Trustee Minx said that, if the levy is decreased by 1 %, the Village would then be using approximately $1 million of its $6 million fund balance to run the Village, and if it continued on that course, the money would be gone in six years or less. Mayor Krier asked Trustee Kogstad if he agreed that the Village is spending more than it's taking in (in the 2008 Budget). Trustee Kogstad replied that the question is not that easy. He said the budget is a "best guess' and if the Board ran the numbers today (versus in July), they would be different. He pointed out, for example, that for the 2006 Budget, the audit came in showing the actual numbers were $2 million better than the budget had projected; the year before, they were $1 million better than projected. In July, when the budget is put together, it': a "best guess". He agreed that the Village should Zook at alternative revenue sources, like what was done this year-increasing the penalty to people who park in handicapped spaces, higher fees when a car being driven by a drunk driver is impounded. He strongly felt that residents having been taking a big hit and the Village should do whatever it could to provide some relief. Mayor Krier called for a vote on the amendment to lower the levy to 2.5%. The vote was: 3 ayes, 2 nays, 1 absent. Tr. Srunner na Tr. Kogstad ~ Tr. Marcus absent Tr. Minx. ~ Tr. Staackmann ~ Tr. Thill aye Corporation Counsel Liston pointed out that, in the Village's Muncipal Code, Title 1, Chapter 5, Section 5, titled "Rules of Procedure", rule 4 states that the passage of all ordinances or resolutions dealing with expenditures (liabilities against the Village) or the appropriation of funds requires the concurrence of a majority of all members holding office, including the Village President. A majority of seven office holders would be four. Since this ordinance affects liabilities against the Village and/or the appropriation of funds, it is subject to Rule 4, and can only be passed with four "aye" votes. Therefore, the motion fails. Minutes ofDeeernber 10, 20076oaM MeeOng~ X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mayor Krier then called for a vote on the passage of Ordinance 07-33. The vote was: 3 ayes, 2 nays, 1 absent. Tr. Brunner awe Tr. Kogstad ~ Tr. Marcus absent Tr. Minx ~ Tr. Staackmann ~ Tr. Thill n>~ According to Rule 4, the motion fails. Mayor Krier said that, at this point, there's no levy. Trustee Kogstad recommended that another meeting be scheduled to vote on the levy. Corporation Counsel said that the Board needs to pass the levy and have a certified copy on file with the County Clerk's office by the last Tuesday of the month (Christmas day). Trustee Thill wondered if the trustees would be willing to "split the difference" and lower the levy by a half percent. He pointed out that the Village has to have a levy. Trustee Kogstad suggested that the meeting be held this Wednes- day or Friday, when Trustee Marcus will be back in town. Trustee Minx said her suggestion of leaving the levy "as is" is still on the floor, noting any budget amendments can be made later. She didn't feel it was prudent for the Village to go forward with no levy. Trustee Kogstad said that no one is suggesting that the Village go forward without a levy. Mayor Krier asked if anyone wanted to reconsider. No one did. Corporation Counsel pointed out that, in order to reconsider the ordinance, someone who voted on the prevailing side would need to make a motion to reconsider. Regarding the abatement resolutions, Ms. Liston said that those resolutions presupposed that the Board has passed a levy. She recommended postponing the abatement resolutions until the levy ordinance has been passed. To do that, the resolutions would have to first be introduced, then moved to be tabled or postponed. Trustee Minx then moved to adopt Resolutions 07-58, 07-59, and 07-60. Trustee Thill seconded the motion. Trustee Minx moved to table all three resolutions to the next Special Meeting of the Board. Trustee Thill seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner awe Tr. Kogstad aye Tr. Marcus absent Tr. Minx a~ Tr. Staackmann a~ Tr. Thill afire, Corporation Counsel pointed out that the motion to establish a tax levy has failed, and at this point, someone needed to move to reconsider Ordinance 07-33 so that it could be discussed again or postponed to the next Special Meeting of the Board. Trustee Thill moved to re- consider Ordinance 07-33, seconded by Trustee Minx. Motion passed; 5 ayes, 0 nays, 1 absent. Tr. Brunner awe Tr. Kogstad aye Tr. Marcus absent Tr. Minx afire. Tr. Staackmann aye Tr. Thill awe Trustee Thill then moved to table Ordinance 07-33 to the next Special Board Meeting. Trus- tee Brunner seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absenet. Tr. Brunner awe Tr. Kogstad aye Tr. Marcus absent Tr. Minx ~? Tr. Staackmann awe Tr. Thili Ms. Liston said that, at the end of tonight's meeting, there could be a motion to reconvene, in which case the meeting could be held as early as tomorrow evening. Because it would be a continuation, there would be no need for the 48-hour notice. Mayor Krier said that he'd take that up under "Other Business". to "" Minutes of December 1Q, 20078oard Meeting X. D. 2. TRUSTEES' REPORTS (continued) Trustee Minx: (continued) Trustee Minx next presented Resolution 07-64, Authorizing the Sale of Surplus Real Estate at 5821 Dempster Street within the Village of Morton Grove. She explained that, in September 2000, the Village had purchased four parcels of land at 5821-5831 Dempster Street, which was earmarked for the construction of a municipal parking lot to benefit local merchants and shopper. In 2007, federal and state funds became available for the construction of the parking lot. The most efficient and convenient parking lot design (which also met nafional standards) only required the utilization of three of the four parcels. As a result, the parcel at 5821 Dempster was determined to be "surplus". It was originally purchased for y205,000. The sales price is now expected to be at least $370,000. Trustee Minx moved to adopt Resolution 07-64, seconded by Trustee Brunner. Trustee Thill said he had looked of Section E of the resolution which stated that the Village has the right to reacquire the property at its original purchase price, if the property is not re- modeled and occupied within twelve months of its closing. He suggested that if the property sits for twelve months, the Village should be able to reacquire it at a lower price, so that it would be like a "penalty' for someone to acquire it and then let it sit vacant. He thought the penalty should be something like the equivalent of what the Village would have received for twelve months' worth of sales tax or property tax. Trustee Thill put that in the form of a motion, which was seconded by Trustee Minx. Mayor Krier said he understood Trustee Thill's point, but that determining the amount of revenue the Village `could have' gotten would be hard to prove. Corporation Counsel pointed out that Section E of the "Whereas" clauses is basically staffs recommendations. Section 2 of the resolution gives staff authorization to negotiate a contract for the sale of the property. Once the contract is negotiated, it still must be approved by the Board, and, under State law, to approve the sale of municipal property, atwo-thirds majority vote is needed. She told Trustee Thill that staff needs to understand his concerns so that they can negotiate the contract appropriately. Trustee Thill thanked Ms. Liston and withdrew his motion. Trustee Minx also withdrew her second. Trustee Thill also had a concern regarding Section G of the resolution, which stated that "any purchaser of the property shall be allowed to use the adjacent municipal parking lot, but shall not have exclusive privileges or priority use of said parking lot." Mayor Krier said that that's something that could certainly be addressed if it ever became a problem. Mayor Krier called for the vote on Resolution 07-64.. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner a1!e Tr. Kogstad aye Tr. Marcus absent Tr. Minx aye Tr. Staackmann afire Tr. Thill aye 3• Trustee Minx noted that the Firefighters Association was holding its annual Hofiday Food Drive from now through December 19t". Collection barrels are located at Village Hall. Food contri- butions are up slightly over last year, and monetary contributions are also encouraged so that the firefighters can purchase presents for needy children. 4. Also, the Police Department and the Marine Corps are sponsoring the annual "Toys For Tots" program through December 15. New and unwrapped toys can be deposited in barrels located at Village Hall, the Police Department, and the Civic Center. ii _.... _ Minutes of December 10, 2007 Board Meedn9f X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Trustee Minx thanked Public Works personnel for all their hard work this year, especially the last couple of weeks. She wished the residents, staff, and department heads a wonderful holiday season. E. Trustee Staackmann Trustee Staackmann presented Resolution 07-65, Authorizing a Contractual Agreement with Telecom Innovations Group to Provide the Purchase of Telecommunications Equipment and Internal Telephone Implementation and Maintenance Services for the Richard T. Flickinger Municipal Center, Police Department Facility, Civic Center, Fire Stations k and 5, and the Public lRlorks Facility. He explained that this resolution will update and replace the existing telephone infrastructure, which is ten years old and obsolete. The cost of this contract is not to exceed $119,825, which includes installation. Trustee Staackmann moved to approve Resolution 07-65, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner awe Tr. Kogstad aye Tr. Marcus absent. Tr. Minx aye Tr. Staackmann aye Tr. Thill afire Trustee Staackmann wished everyone a safe and happy holiday season F. Trustee Thil1 Trustee Thill presented Resolution 07-66, Authorizing the Execution of a Professional Services Agreement with Ayres Associates, Inc. For 2008 Aerial Photogrammetric Map- Ping He explained that, each year, as a member of the GIS Consortium, the Village participates in collective purchasing of aerial photography services and data with 12 other member communi- ties. One-fifth of the community is mapped each year so that every five years, the data is up- dated. The amount of this contract is not to exceed $18,121. Trustee Thill moved to adopt Resolution 07-66, seconded by Trustee Brunner. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus absent Tr. Minx aye T r. Staackmann aye Tr. Thil6 2~ Next, Trustee Thill presented Resolution 07-67, Authorization to Execute a Professional Services Agreement with McDonough Associates for a Utility Study and Survey for the Lehigh-Ferris Tax Increment Financing (TIF) Redevelopment Project Area. 12 Minutes of December 10, 2007`8oard Meeting{ TRUSTEES' REPORTS (continued) X. Trustee Thill: (continued) F. Trustee Thill explained that it is in the Village's best interests to undertake certain improve- ments within the Lehigh-Ferris area, such as land acquisition, traffic signalization, streetscape, landscaping, lighting, street improvements, building demolition, and public infrastructure im- provements. As part of implementing these improvements, it is necessary to assess the con- dition and capacity of the existing infrastructure and to make recommendations for imprave- ments based on the future needs within the area. McDonough Associates was selected as the consultant through a competitive selection process after the TIF was formed and has per- formed satisfactorily on work within the Tir to date. This professional services agreerner7t is a cost plus fixed fee contract, with a value not to exceed $140,824.28. Trustee Thill moved to adopt Resolution 07-67, seconded by Trustee Minx. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus absent Tr. Minx a~ Tr. Staackmann afire Tr. Thill a~~e Trustee Thilf wished everyone a good and safe holiday season. XI. OTHER BUSINESS Mayor Krier said the Board needed to set a date for a meeting to discuss and vote on the tax levy. He asked Finance Director Partipilo when she needed to have the levy ordinance ap- proved in order to file it with the County Clerk. She said she was planning to take it downtown the week of December 21 s`. After discussion, the Board determined that it would reconvene tonight's meeting on Thursday, December 13, at 7:00 p.m. XI I. WARRANTS Trustee Minx presented the Warrant Register for December 10, 2007, which totaled $359,523.43. She moved to approve the Warrants as presented, seconded by Trustee Brunner Trustee Thill had a couple of questions. He wondered what the disbursement for "bunker gear replacement program" was. Fire Chief Tom Friel responded that it's a term for structural fire- fighting gear, such as the heavy coat, pants, and suspenders firefghters wear. Trustee Thill also noted a disbursement for fire pension board supplies and secretarial fees. He said he thought that was paid out of a separate fund. Finance Director Partipilo said it is a separate fund, and that's noted by a difference. in the first two digits of the account number. Mayor Krier called for a vote on the Warrant Register. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner afire Tr. Kogstad awe Tr. Marcus absent Tr. Minx afire, Tr. Staackmann ~ Tr. Thill 13 Minutes of December 10, 2007:BOartl Meetin"` XIII. RESIDENTS' COMMENTS Patrick Kansoer. Mr. Kansoer said that, his earlier statement regarding department heads and "end of year" spending was information taken from a Municipal Task Force study. He said he did not want to cast aspersions on the Village's personnel at all; he was merely quoting from the Task Force. Eric Poders. Mr. Poders said that he had felt he had observed fiscal irresponsibility tonight. He asked the Board to keep in mind future revenue streams and grants. Mr. Poders offered kudos to Andy DeMonte and Paul Tobin and the members of the Pubiic Works Department for the excellent job they do. He also congratulated Chief Tasch and the Police Department for their proactive work, and thanked Chief Friel and the Fire Department for the tremendous job they do. Mr. Poders had some comments about the OTB and also asked about the status of the project at the former Maxwell's site. Mayor Krier said that he had met with that development group. They are restructuring, working with the banks and the Village, and they would probably need to request an extension on their Special Use Permit so they'll be back before the Plan Com- mission in January. They are working on putting their finances together so the project can go forward as originally designed. Bill Luksha. Mr. Luksha applauded the dedication and concern of the Board for the Village residents. He said each trustee comes to serve with their own set of skills and each should respect each other.. He asked the Board to keep that in mind next year and stop criticizing or belittling others. Mr. Luksha pointed out that, at the time Mayor (then Trustee) Krier had pre- sented his $900,000 budget cuts, he had partnered with (current Trustee) Kogstad to do so, and former Trustee DiMaria had criticized the "eleventh hour" ideas. He encouraged the Board to move forward, and thanked them for working hard for the people. Sherwin Dubren. Mr. Dubren wondered where the $6 million in reserves was being held, and what kind of interest the Village was getting on it. Ms Partipilo said that, for the most part, it's being held at MB Bank, although some is at LaSalle Bank. The Village is getting 4.8% inter- est. Mayor Krier asked, for clarification, if the $6 million is always "just sitting there", Ms. Partipilo said no, it fluctuates; it's not like a business, because the Village receives its revenues in increments. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to re- view Executive Session Minutes and discuss personnel, labor negotiations, and real estate. The motion was seconded by Trustee Brunner. Motion passed: 5 ayes, 0 nays, 1 absent. Tr. Brunner aye Tr. Kogstad absent Tr. Marcus Tr. Minx awe Tr. Staaekmann aye Tr. Thill a rye The meeting adjourned to Executive Session at 9:40 p.m. Mayor Krier called the Executive Session to order at 9:48 p. m. Present were Mayor Krier, Clerk Fritzshall, Trustees Brunner, Minx, Staackmann, and Thill. Also present from Village staff were Village Administrator Wade and Corporation Counsel Liston. 14 Minutes of December 10, 3007 Board Meetin" ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn the Executive Session at 10:59 p.m. Trustee Brunner seconded the motion which passed unanimously via voice vote. Trustee Minx then moved to adjourn the Board Meeting to 7:00 p.m. on Thursday, December 13, 2007. The motion was seconded by Trustee Brunner. The motion passed unanimously via voice vote at 11:00 p.m. PASSED this 14th day of January, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14th day of January, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of January, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by, Teresa Cousar t5 MINUTES OF TIIE DECEMBER 10, 2007, RECONVENED MEETING OF THE REGULAR BOARD MEETING HELD ON DECEMBER 13, 2007, OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD T. FLICKINGER MUNICIPAL CENTER -COUNCIL CHAMBERS MORTON GROVE, ILLINOIS 60053 Pursuant t6 proper iloiii;e In ace,oY'dance Wltil tiit4 Ilhnols Open Mcci ngS AC t, the Pieeor:'3.°,ned Meeting was called to order at 7:07 pm by Mayor Richard Krier who led the assemblage in the pledge of allegiance. He announced this meeting was a reconvening of the December i 0, 2007, Regular Board Meeting pursuant to a proper motion made at the conclusion of the Executive Session held on December Z0, 2007. Village Clerk Fritzshall called the roil. in aitendance were: Elected Officials: Mayor Richard Krier, Trustee Georgianne Brunner, Trustee Roy Kogstad, Trustee Shel :Marcus, Trustee Rita Minx, Trustee Dan Staackmann, Trustee John Thill Absent: No one was absent Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa Hoffman Liston, and Finance Director Daniela Partipilo Also Present: Several members of the public and the press President Krier asked for resident comments Harold Cohen stated the December 10, 2007, meeting ranked as one of the ugliest meetings he had ever attended. He noted the malcontents led by Trustee Kogstad did their best to undo the budget preparations that had been approved during the year. He noted The Village's accounting methods were good enough for Moody's. He stated the motion to reduce the levy by one percent would net out $4.00 per year, per household, about the cost of a han~burger at McDonalds. He stated The Action Party Trustees were selling out the Village's future fox the cost of a hamburger. Dale Senensky voiced his disapproval for Trustee Kogstad's actions and noted he and the Action Party's votes were politically motivated. He staled Mayor Krier was doing a good job a11d pY~or to his tenure, the public would not know about these meetings because the Action Party did not televise meetings. He noted Trustee Kogstad was joining forces with Trustee Staackmann to embarrass the Mayor, and questioning the Village's accounting methods to falsely "create a big deal". Bill Grear then spoke and stated he was here as a private citizen. He stated the Board is not made up of Action Party or Caucus Party candidates. They are the Village Board and they are all here to do what is best for the Village. He stated he did not believe anyone was politically motivated and the occurrences of the meeting of December 10, 2007, were not intended to make the Mayor look bad. Clerk Fritzshall then reported Morton Grove had now been named as an early voting site. Residents can take advantage of early voting at Village Hall from January 14, 2008 through January 31, 2008. Residents can register at Village Hall through .Tanuary 8, 2008. They can also register in person downtown at the Clerk's office. She reminded the assemblage the primary election would be held on February 5, 2008. Joseph Wade reported the voting information would be placed on the Village's website Corporation Couivsel had no report. Trustees Brunner, Kogstad, and Marous had no report Trustee Minx then presented Ordinance 07-33 which had been voted down, then reconsidered and tabled at the December 10, 2007. Trustee Minix moved to take the Ordinance off the table, the motion was seconded by Trustee Brunner and approved unanimously pursuant to a voice vote. She noted the Ordinance remained as previously read and represented a 3.5% increase in the levy over previous years in the amount of $11,898,236 after abatement. Trustee Minx moved to approve Ordinance 07-33, the motion was seconded by Trustee Staackmann. Trustee ThilI stated he was proud of the fact fire Board had engaged in healthy discussions and respected the Board's difference of opinion. He then moved to amend Ordinance 07-33 to reduce the increase in the levy from the previous year from 3.5% to 3%. The motion was seconded by Trustee Staackmann. Trustee Minx noted. she was confused regarding Trustee Staaclcmam~'s questioning of the Village's accounting methods since this was the accounting method used by the Village for many years. It is also used by the Park District. Nothing had changed so why had this not been questioned before? She further noted the auditors had approved this accounting method. Trustee Staackmann stated he did not vote on the prior year's budget and he spoke with the previous finance director. The disparity in the accounting method had already existed. He also questioned why Trustee Minix was not concerned about taking $265,000 from the Fund Balance to further subsidize the garbage tax? Trustee Minx stated additional funds were needed to run the Village. For the 2008 Budget, all departments had cut their recommended expenditures at the request of the Village Administrator. Approximately $500,000 in needed expenditures were deferred to future years. Trustee Minx stated cutting the levy puts a burden on the future. She noted Trustee Thil] had criticized previous Boards for not "stepping up-to-the-plate" to raise the ]evy. She Further noted her motion to subsidize garbage expenses failed because Trustees were concerned about fund balances. She reasserted the garbage fees should be placed back on the tax rolls where they belong. She noted by decreasing the levy, the Village was going backwards. Finally, she stated it was ludicrous to have a discussion on a matter that would have a net affect to taxpayers of approximately $2 per ilousehold. Trusfee Brunner then stated she did not think the proposed levy reduction would help anyone. She reminded the Board, the Village was using $1 million of its fund balance to pay for 2008 operating expenses. She stated the levy increase is money that would be used for repairs and _t ___ t,._.: ,.L ~,. 1C al.,, D +,. ,J n..i ~+o +S,o F.. ~1 Stvrrti :;tcatt-i:p, riOt for "s6ruc tarts:: u~.,..,.,e sary cxpcnSc. .t uic. vOard. chose ev ut,yt~::, e.._ .. u:i. balance, she recommended some of the deferred spending items be reinstated. An insufficient levy placed previous boards in a predicament where they had to cut out the street lighting program and put the garbage on the tax rolls. While the ViIIage should consider increased funding sources, she did not believe any new source would bring in $1 million. Trustee Brunner further stated past and current budgets were conservative in predicting revenue and estimating expenses. No one can be sure about expenditures or revenue so staff establishes a delegate balance. She believes staff has done a good job of doing this. However, Trustee Kogstad, after coming to only one meeting, questioned the Village's fund balance without taking into consideration staff efforts and reconciliations, and without any facts to back-up his "guess". Trustee Brunner believed it would be more appropriate to leave the levy alone. Mayor Krier hoped this discussion was not political but feared it may be. He stated Trustee Kogstad's reasons for not attending any meetings during the year were personal acid he wou]d not question them, but questioned the credibility of Trustee Kogstad's assessments because he had not attended meetings and not reviewed staff s recommendations and their back-up documents. He likened this discussion to a candy cane. Some say a candy cane is red, some say it is white, both are right but no one is discussing what the cost is and whether the Village can afford to buy it. The 3.5% levy increase was not arbitrary. The Board had discussed this far several months and nothing had changed except Trustee Kogstad coming back and sewing seeds of doubt within the Board. Mayor Krier can only conclude these actions are political. He reminded Trustee Staackmann that he agreed the Village needed to improve its infrastructure, that its fund balance was a safety net, and in the past he had stated he wanted to keep the fund balance as high as was reasonable, and did not want this Board to raid it. Mayor Krier reminded the Board the Village is taking in less money than it is spending in 2008. For these reasons, he believes the motion to amend the levy is truly political. He had hoped the Board had gotten past the practice of keeping the levy artificially low. He reminded the Board the Village's favorable bond rating was due to Moody's opinion that the Village's financial condition was strong due to its fund balance and solid financial pluming. He also stated the Village received a Certificate of Achievement for Excellence in Financial Reporting from the GFOA. Arbitrarily reducing tl'ie levy sends the wrong message. I Ie noted no Boud member had been in favor of cutting expenses. If the Trustees thought the Village's fund balance was too high, the Village could have spent another $600,000 to improve streets in dire need of repair. Since this is not a financial issue, it must be political. There being no further discussion., Clerk Fritzshall called the roll: Tr Brunner nay Tr Kogstad aye Tr Marcus aye Tr Minx nay Tr 5taackmann aye Tr Trull aye The motion to amend Ordinance 07-33 was approved. 'T'here being no further discussion, Clerk Fritzshall called the roll on Ordinance 07-33 as amended. The vote was as follows: Tr Brunner nay Tr Kogstad aye Tr Marcus aye Tr Minx nay `fr Staackmatm aye Tr Thill aye The motion carried. Trustee Minx then introduced Resolution 07-~8 which abated taxes levied for 2007 in the amount of $327,325. The motion to approve Resolution 07-58 was made by Trustee Minx, seconded by Trustee Brunner and approved unanimously pursuant to a roll call vote. Trustee Minx then introduced Resolution 07-59 which abated taxes levied for 2007 in the amount of $810,70. The motion to approve Resolution 07-59 was made by Trustee Minx, seconded by Trustee Brunner and approved unanimously pursuant to a roll call vote. Trustee Minx then introduced Resolution 07-60 which abated taxes levied for 2007 in the amount of $269,896. The motion to approve Resolution 07-60 was made by Trustee Minx, seconded by Trustee Brunner and approved unanimously pursuant to a roll call vote. Trustee Minx then extended her wish to all for a safe and happy holiday and thanked all persons who attended or watched these meetings. Trustee Staackmann had no report. Trustee Thil1 complimented the Village on the upgrade to the Morton Grove Exchange, he also asked the residents to read the last page regarding recycling. There was no further business of tiie Board. President Krier asked for resident comments: hill Zimmer stated he worked for and voted for Trustee Kogstad in the past election. He likened Trustee Kogstad to a cicada who emerges every 17 years, makes noise, causes trouble and then disappears again. Ae stated Trustee Kogstad was elected to serve full-time and he refuses to do so. He also criticized Trustee Kogstad for choosing not to eliminate the garbage fee as was his campaign promise. He noted Trustee Kogstad had stated farewell to the Caucus Party and hello to the Action Party. Eric Poders asked the Board not to take what had happened personally. The Economic Development Commission had been working on a strategic plan to improve the finances within the community. He urged the Board to work together and wished the Board a happy holiday. There being no further business to come before the Board, Trustee Marcus moved to adjourn the meeting, the motion was seconded by Trustee Thill and approved unanimously at 7:52 pm. p,i:nu.e_ L.,. n~ynj Q L'«:r....A,.il ~.1; 11 acre ('~j.eri, PASSED THIS 14`" day of January 2008. Trustee Brunner Trustee Kogstad 'T'rustee Marcus Trustee Minx Trustee Staackmann Trustee Thill P,PPRdVED BY ME THiS i4`" day of January 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This I5`" day of January 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook Comity, Illinois FIYIPL~YEE ANNIVI;R3ARY AwVARID JANUARY 14, 2008 ADAM TAI30R MICHAEL MERCIERI JERRY COURSEY FREYA MASLOV POLICF, DEPAR'T'MENT 10 YEARS POLICE DEPARTMENT' PUBLIC WORKS POI ICE DEPARTMENT 15 YEARS 15 YEARS 20 YEARS Richard T. F'Izckinger Mtimici~a] Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 I'el: (847) 965-4I 00 Fax: (&47) 965-4162 Recycled PoE~a ill r Planning C®nsmissl®n Zoning B®ard ®f Appeals January 14, 2008 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Bear President ICrier and Members of the Village Board.: On Becember 17, 2007, a public hearing was conducied by the Morton Grove Plan Commission after a legal notice was published in The Champion newspaper on November 29, 2007, written notification sent to property owners within 250 feet of the subject property and a sign posted on the property as required by ordinance regarding: Plan Commission Case PC07-08, wherein the applicant American Tower Corporation, 1101 Perimeter Brive, Suite 700, SchaumUurg, Illinois 60173 requested a Special Use Permit to construct an installation of two radio antennas on the existing tower at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She noted that although this is another set of snxall antennas for the existing tower, these antennas are radio antemxas for the broadcasting of contemporary Christian music The transmission equipment will Ue snored in tl e adjacent building. None of the staff had comnxents or concerns regarding this case. Ms. Jacobson also noted that the site had Ueen cleaned up, per discussion, regarding the last antenna approval for the site. Ms. Mel Motley from American Tower Corporation represented the applicant. She concurred with Ms. Jacobsou's report and was available to respond to questions from the Commission. One concerned party, Mr. Eric Poders, spoke regarding the subject case. He congratulated Village staff and Commissioners for encouraging the applicant to clean up the site. He was concerned, however, that the tower should be repainted. He was also concerned that the address for American Tower Corporation was the same address as the last applicant for the site (which in fact, it is not) and that American Tower Corporation should Ue investigated to be sure they are an Illinois licensed corporation. Ms. Motley responded that they are a licensed corporation and would provide a copy of the license if necessary. Chairman Farkas indicated this was not the Plan Commission's purview. Regarding the painting of the tower, Building Commissioner HildeUrandt noted fhat the tower is galvanized steel and is not required to be painted. The tower was painted originally to comply with FAA regulations pursuant to its proximity to the Glenview Naval Air Station, which is no longer there. Thus painting the tower is not required. The Plan Commmissioners questioned the applicant as to the use of the proposed antennas and the origin of the Uroadcast. Coxmxxissioner Roepenack commented that the emission output from the antennas is very low -well Uelow FCC Standards. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 2ccyclc~t Paprr Ms. Motley responded that she believes the broadcast originates from California and that a tower system is used both for receiving and transmitting signals. Commissioner Roepenack made a motion, which was seconded by Commissioner Gabriel to approve a Special Use Pernrit for a radio antenna installation on the existing microwave tower at 8323 Nagle Avenue, subject to the following conditions: 1. That the proposed antenna installation be constructed in accordance with the site plan and elevations dated 8/15!07; and 2. That all other codes and ordinances be met. The motion carried: Yes 5; No 0; .Absent 2 The voting: Chairman Farkas Yes Commissioner Dorgan Absent Commissioner Gabriel Yes Convnissioner Gattoma Yes Convnissioner Goyal Absent Convnissioner Patel Yes Convnissioner Roepenack Yes The "Findings of Fact" relative to the seven standards by which a Special Use is evaluated is attached to the report. Re c u11y Submitted, ~~ onald Farkas Chainvan Commdev/zoning/plancomm/pc07-O8 report FinduiQS of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unified Development Code upon wluch the Plan Commission based its decision. 1. I?reservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation of the Special Use wilt not be detrimental to or endanger the public health, safety, morals or general welfare. • The Plan Commission concluded that the public welfare would not be endangered by the proposed installation. Commissioner Roepenack commented that electromagnetic emissions are way below FCC regulations. 2. P,djacent P~rperties -The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed antenna installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial zoning district surrounded by industrial uses. The antennas will be mounted on an existing microwave tower and will be barely visible. The equipment will be in an adjacent existing huilding. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed installation is on an existing tower in an existing built-out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed Special Use is on an existing tower where adequate facilities are already present. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact. 6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. No landscaping or screening is necessary since the equipment is stored in an adjacent building. 7. Conformance to Other Regulations -The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from arovisions of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The proposed installation will be required to adhere to all pertinent Village codes and ordinances. ComdevAzmiinglplancom\pc07-OS findings of fact 1 ~. Planning Comanission Zoning Board of ~ipgeals January 14, 2008 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier aa7d Members of the Village Board: On December 17, 2007, a public hearing was conducted by the Morton Grove Plan Conunission after a legal notice was published in The Champion newspaper on November 29, 2007, written notification sent to property owners within 250 feet of the subject property and a sign posted on the property as required by ordinance regarding: Plan Conunission Case PC07-10, wherein the applicant Morton Grove DL, LLC, 6300 Lincoln Avenue, Morton Grove; Illinois 60053 requested an Amendment to P.U.D. Ordinance 06-31 to allow for a time extension for the progression of construction of the P.U.D. located at 6415 Dempster, 6421-57 Dempster Street and 8717 Lincoln Avenue. Ms. Bonnie Jacobson, Planner, summarized the case for the Village. She explained that the project had not changed, but because a building permit was not issued within one year of the P.U.D. approval, the P.U.D. approved technically expired. Further, because the bank had issued a foreclosure notice, the project was not progressing towards completion. The applicant is requesting a time extension, and has submitted a new construction schedule so they can. move forward with the project and obtain the necessary financing. The only staff continents related to adding "Building A" in the construction schedule and some issues with the Community and Economic Development Director, which were resolved prior to the hearing. Mr. Guy Curmnins of Prin-Mar Corp. represented the applicant. He indicated that many of the issues as to why the project was not moving towards completion were due to previous management. Morton Grove DL, LLC has reorganized, appointed a new manager and he is helping them obtain the Financing so that the project can move ahead. However, he needs the Special Use approval in order to obtain the financing. The Commissioners questioned the timing of the proposed construction schedule and if adherence to the schedule could be assured. Mr. Cummins was confdent that the project would be built according to schedule; he has significant experience in doing this type of work and has worked efficiently thus far on this project. There were no interested or concerned parties who spoke regarding the case Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Pax: (847) 965-4162 iZecyded Puper A motion was made by Cmnmissioner Gabriel and seconded by Connnissioner Patel to approve the amendment to the P.U.D. to allow for the extension of time for progression of conshuction of the P.U.D. at 6415 Dempster, 6421-57 Dempster and 8717 Lincoln Avenue subject to the following conditions: 1. That the time extension be allowed based on the proposed construction schedule dated 11/29/07; and 2. That all other conditions of P.U.D. Ordinance OS-48 and 06-31 remain in full force and effect. The motion carried: Yes 5; No 0; Absent 2 _..., ...... g: Chairman Farkas Yes Commissioner Dorgan Absent Connnissioner Gabriel Yes Connnissioner Gattoma Yes Connnissioner Goya] Absent Commissioner Patel Yes Commissioner Roepenack Yes The Plan Commissioners unanimously concun'ed that the amendment did not alter the "Findings of Fact" for the original P.U.D. ~pect 11y Su, iit~ed; --~> ona d Farkas Chairman Comn~dev/zoning/plancomin/pc0~-l0 report Legislative Summary Ordinance OS-Ol ESTABLISHING TITLE 7, CHAPTER 7A ENTITLED CABLE AND VIDEO CUSTOMER PROTECTION LAW IN THE VILLAGE OF MORTON GROVE Introduced: (January 14, 2008 ~ Synopsis: This ordinance will adopt by reference the State of Filinois Cable and Video Customer Service Protection Law. Purpose: Adoption of the State Statute will allow focal officials to enforce the state's Cable and Video Consurier Protection Law through the Village of Mcrtcn Greve Adjudication System and through the Circuit Court of Cook County. I3ackgronnd: In 2007, Governor Blaggjevich passed Public Act 95-009 which enacted the Illinois Cable and Video Competition L,aw of 2007 and the Illinois Cable and Video Customer Protection Law of 2007, contain strong regulations protecting consumers who use cable and video services. The State law provides these ' regulations will be enforced by the Illinois Attorney General and municipalities may also enforce these regulations so long as they pass an ordinance adopting this law by reference. The Illinois Municipal League has developed a model ordinance allowing municipalities to adopt the Illinois Cable and Video Customer Protection Law and enforce it regulations. This ordinance is based on that model ordinance. The Cable and Telecommunications Commission has had the opportunity to review this ordinance and concurs with its adoption. Programs, Departments Village Administrator's office, Legal Department, and the Village's Adjudication ar Gronps Affected Hearing System Fiscal Impact: The purpose of this ordinance is not to generate revenue, however some revenue may be realized through the imposition of fines. Source of Funds: Fines collected. Workload Impact: This ordinance will be monitored by the Village's Cable and Telecommunications Commission and enforced through the Village's Adjudication Dearing process. Admin Recommendation: Approval as presented First Reading: January 14, 200 Special Considerations or None Requirements: Respectfully submitted: Prepared by: _ Teresa J Village Administrator stop, Corporatia~ Counsel Reviewed by: ~S>/'~^~''~ Boyle Wong~etworkAdministrator Ordinance 08-01. ESTABLISHING TITLE 7, CHAPTER 7A ENTITLED CABLE AND VIDEO CUSTOMER PROTECTION LAW IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGB), 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 affairs, including but not limited to the power to tax and incur debt; and ~Pnrn C h n ..t ,-. ~ ~: p,-_-.~ /...... .h:. q-..~'~ q: ..- __<.?':.,,.-..-. z _.. a ._ lr.-to r iii°.~ =_;l 'vv iu..iwAJ, iil~ v iiiasi; i.~u~ ui~ aiiiiiviily' tG auGy~ Ui uiuaii~.eJ .iii. i:J p"rVnliti,saw .....: regulations that pertain to its goverunent and affairs and that protect the pub~~c health, safety, and welfare of its citizens; and WI IEREAS, the Village has a policy of regularly reviewing and revising The Municipal Code, as necessary, to insure all provisions of the document remain compliant with contemporary statutes and relevant to current operations; and WHEREAS, this Ordinance is adopted pursuant to the Cable and Video Customer Protection Law (220 ILLS 5170-501) authorizing the Village of Morton Grove to enforce all of the customer service alzd privacy protection standards; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WI-IEREAS, at the direction of the Village President, Village staff has undertaken. the review and development of a new Title 7, Chapter 7A to be incorporated into the Municipal Code of the Village of Morton Grove to be entitled Cable and Vrdeo Customer Protection Law, in order to enforce the customer service and privacy protection standards with respect to complaints received from residents as provided by the Cable and Video Customer Protection Law. NOW, THEREI~ORE, BE IT ORDAINED BY TIIE PRESIDENT AND BOARD OE TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incomorate the foregoing Whereas clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove Municipal Code is hereby amended by the addition of anew Title 7, Chapter 7A to be entitled Cable and Video Customer Pirotection L~zw which shall read as follows: CHAPTER 7 BUSINESS OCCUPATION TAXES ARTICLE A: CABLP; AND VIDEO CUSTOMER PROTECTION LAW SECTION: 7-7A-1: Customer Service and Privacy Protection Law 7-7A-2: Enforcement 7-7A-3: Penalties 7-7A-4: Customer Credits 7-7A-1: CUSTOMER SERVICE AND PRIVACY PROTECTION LAW: A. Adoption: The regulations of 220 ILCS 5/'70-501 are hereby adopted by reference and made applicable to the cable or video providers offering services within the Village's boundaries. B. Amendments: Any amendment to the Cable and Video Customer Protection Law that becomes effective after the effective date of this Chapter shall be incorporated by reference and shall be applicable to cable or video providers offering services within the municipality's boundaries. However, any amendment that makes its provisions optional for adoption by municipalities shall not be incorporated into this Chapter by reference without formal action by the Corporate Authorities of the Village. 7-7A-2: ENFORCEMENT: The Village does hereby, pursuant to law, declare its intent to enforce all of the customer service and privacy protection standards of the Cable and Video Protection Law with respect to complaints received from residents within the Village. 7-7A-3: PENALTIES: The Village, pursuant to 220 ILCS 5/70-501(r)(1), does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed $750.00 for each day of the material breach, and shall not exceed $25,000.00 for each occurrence of a material breach per customer. A. Material breach means any substantial failure of a cable or video provider to comply with service quality andother standards specified in any provision of the law. B. The Village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least 30 days from the receipt of the notice to remedy the specified material breach. C. A material breach, for the purposes of assessing penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in (B). 7-7A-4: CUSTOMER C12EDITS: The Village hereby adopts the schedule of customer credits for violations. Those credits shall be as provided for in the provisions of 220 ILCS 5170-501(s) and applied on the statement issued to the customer for the next billing cycle following the violation or following the discovery of the violation. The cable or video provider is responsible for providing the credits and the customer is under no obligation to request the credit. SECTION 3: The terms and conditions of this ordinance shall be severable and if a~7y section, term, provision, or condition is found to be unconstitutional, invalid, or unenforceable for any reason by court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain nr full force and effect. SECTION 4: In the event his ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other s±atates, ordinances, or resolutions by only to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect from and after its approval, adoption, and publication as provided by law. PASSED this 14`x' day of January 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED by me this 14`" day of January 2008. Richard Krier, Village President Village of Morton Orove Cook County, Illinois ATTESTED and FILED in my office This 15°i day of January 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Le~is(ative Summary Resolution 0~-01 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEIVIENT BETWEEN THE VILLAGE OF MORTON GROVE AND WINDY CITY AMUSEMENTS, INC., TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR TIIE 2008 THROUGH 2010 FOURTH OF JULY FESTIVITIES Iutroduction: Synopsis: Purpose: l3aekgraund: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendatian: First Reading: Special Considerations or Requirements: Respectfully submitted: January 14, 2008 To authorize a three year contract between the Village of Morton Grove and Windy City Amusements and Attractions tar the V iilage's Morton Grove Flays festivities. The carnival rides and amusements provided pursuant to this contract are a long standing Village tradition, and entertainment for residents and their guests, and provide a source of income which is used to pay for other Fow•th of July related activities. For several decades, the Village's Merton Grove Days festivities have included carnival rides and related attractions. Since at least 1994, Windy City Amusements, Inc., oPSt. Charles, Illinois, has provided these carnival rides to the satisfaction of the Village. Previously, the contract with Windy City was negotiated by the Morton Grove Days' Commission andlor the Morton Grove Park District. However, this year the Morton Grove Days' Commission i~as asked the Village of Morton Grove to negotiate, manage, and enter into this contract. Village stafffias negotiated a three year agreement with Windy City Amusements which may be cancelled by either party upon nine months advanced written notice. The contract provides the Village, on behalf of the Morton Grove Days' Commission, wilt receive twenty-five percent (25%) of all receipts up to $100,000, and thirty percent (30%) of receipts in excess of $100,000. These funds will be used to pay for other Morton Grove Days expenses such as fireworks, entertainment, and parade activities. Legal and Administration Departments None N/A The implementation of this contract will be done by the Legal and Village Administrator's Department as part of their normal activities. Approval as presented. None required. None. Village Administrator Prepared by: ~ ''~"' Teresa Hoffmah stop, Corporation Counsel RESOLUTION 08-01 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND WINDY CITY AMUSEMENTS, INC., TO SUPPLY CARNIVAL RIDES AND AMUSEMENTS FOR THE 2008 THROUGH 2010 FOURTH OF JULY FESTIVITIES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home a:?" ~::..,. .,: g'oP: :::n;cra ''»nde":' -_ G provrSOriS OT_ A:-:""' ..~ tf,je 147 ConS__.. 1 ru 9w. un.. .,taw O Illhlois, can exercise any power end perform 2~ny function pertaining to its govenurrent affairs, including but not limited to the power to tax and incur debt; and WHEREAS. for several decades the residents and visitors of the Village of Morton Grove have enjoyed Four ~h of July festivities provided by the Morton Grove Days' Commission in canjunction with the Morton Grove Park District and the Village of Morton Grove. These festivities have traditionally included carnival rides and amusements; and WHEREAS, since at least 1994, Windy City Amusements, Inc., 920 West Main Street, St. Charles, Illinois, has provided carnival rides and attractions for this event in a satisfactory mariner; and WHEREAS, previously the contract for the provision of these services was negotiated between Windy City Amusements, Inc., and the Morton Grove Days' Commission and(or the Morton Grove Park District; and WHEREAS, the Morton Grove Days' Coriimission has asked the Village of Morton Grove to take a more prominent role in the operation of the Fourth. of July festivities and, in particular, has asked the Village of Morton Grove to enter into the annual contract for carnival rides and attractions; and WHEREAS, Village staff members have negotiated a contract with Windy City Amusements, Inc., for these rides and attractions; and WHEREAS, said contract shall be for a three year term, i.e. for years 2008 through 2010 except that either party, upon at least nine months written notice, may terminate the agreement; and WHEREAS, under the terms of the contract the Village shall not be obligated to expend any funds and the Village of Morton Grove, on behalf of the Morton Grove Days' Commission, will receive a percentage of the gross receipts from money derived from the sale of admission tickets, which will be used to pay for other festival related expenses. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOR'T'ON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein hereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute a contract with Windy City Amusements, Inc. for the provision of carnival rides and attractions for the Village of Morton Grove's Fourth of July festivities pursuant to the terms and conditions outlined in this resolution and in SiioSw.uuat Cvniviiutiy w1L11 i.:nin~a~ SECTION 3: The Village Administtator a<nd/or his designees are hereby authorized to Yzke all steps necessary to implement said contract. SECTION 4: This Resolution s_h_ail be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rules or regulations. SECTION 5: This Resolution shall be in full force and ef~'ect from and upon its passage and approval. PASSED THIS 14"' day of January 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee'Thill APPROVED BY ME THIS ] 4"' day of January 2008 Richard Krier, Viflage President Village of Morton Grove Cook County, Illinois ATTESTED AND FILED in my office This I5`" day of January 2008 Carol A. Fritzshall, Village Clerk Village of Morton. Grove Cook County, Illinois Legis\Res\2008\Windy City Ain~sements 1~. 1 11 S eYL~'S' X11 ~C. 9zo w maic>~ ~ary~ _ s;f er~~~r~~, IL dox ~4 C®'r~tr~~t T~ Sea~piv .~ra~a~~~x~~~~~ THIS CQNTItACT, made and entered irrto this ~SttJa _day of ~~~>~0$~ by and between Yyilla¢~al orlon Cxrov an illingi,s Jvt, ieipel ("®+~ a+:~p~ of th° City ar Vitfage af,,-,lylorton_Crrmo ~,Staza of-.- J~,4_ hm°einafter referred to as the ("Sponsor"}, Io ponsideratipn of the mutual promises contained herein, the parties agree as fotlows. T. That Windy City Amusement inc. agrees to presort its company ,ox companies consisting of Amusement tide devices, Amusement Attraction, Concessions, "h'un"booths, etc„ at a location, provided by the Sponsor, and known as Vittag~arr'r s,,rpp.- ~ the City or Village of jiggrtan Cmive` State of_ ~T,,,~ for a perigd o£ ¢~ days and nights commenezug _,, , [tliy~,4D$~__ and ending ~yiy 5 Z~008 ,bath dates inclusive. Sponsor witl sponsor subsequent evems annuelly on substatrtially'lhe same dates each subsequent year, See.Remarks For hours of operations and unlimited ride special days & tithes. 2. Windy City Amasanenta Inc. shall fitrnish, in its sole discretion, all necessary roll tickets, and ticket s boptit(s} at the iodation. 3. The Sponsor hereby agrees to pay for, fixTnlsh, or provide all licenses, permits, texas, water service, police protection, bill pasting newspaper advertising, ticket sellers, durnpsters, portable toilets, a location acceptable tp Windy City Amusements inc. for the ad up ofits company, streets and lets privileges, and Feee gate admission tickets for the employees of WiineHy City Amusemetts Iaae, where gate admission is charged, poaYable toilets 1~ water hookup wily 6e provided the day of or prior to setup afthe damival. 6, Windy City Amusements Inc shall have the right ofproviding all attxtsement ride devices, atrntsen~.ent attractions,"Fun"boc"ths and concession stand(s) For the event, The ~Jlage of Morton Grove or its associates may provido additional attrartions and. cancessiaa stands that. axe not substantially similar tq those provided try Windy City Amusements, Ina S, Windy City Amusements Inc, shaft have the exclusive fight of providing all pppcorn, cotton candy, straw cons, funnel sakes, pop and corn: dogs at the location andlor carnival site, in its ovm concession stands}. ~. Windy City Amusements Inc. agrees to pay to the Sponsor, the sum of 7,5% offxrst_5100 009_aud 3p°1° on anvtbipq oveT~~QO~QQ, oFxhe gross receipts from. inonie„a derived from the sale of admission tickets at the various shows and rides, afttr usual GovemmenY tacos, Midway Insurance and State and City sales taxes and Amusement Tax, if applroalsie, are deducted. Windy City Arnnsements Inc, shall pay the flat sum of $ ,100 00 from t1,e sale of each "fun" booth stand to the Sponsor. The term "fun" booth stand shalt include bnx shall hat be limited tp any "walk on", "side show", or ether non-mechatical amarscment attractions, for which Windy City Amusements Inc, ride tickets are not accepted, Arm bands or hand stamps shall not be t.sad for payrnen2 on any ww,1k Dry side show or arbor non-mechanical amusement attractions, . if any "fun"booth is d[oard, or unable to operate, (includrng rain out days), bcFpse the ending data pf Ttliy 5 2ppg , Wendy City Amusements fine. shall only pay a prorated ter forxhe actual days operated. . The settlement for the "futt" booths as well as the settlement for tJte percentage on the Amusernettt rides and shows etc, shalt be made on film atostng day of the evenx, l.Thc proceeds of all ticket sales may 6e held by the Sponsar..If ticket proceeds are held by the Sponsow, the Spnnsgr is responsible for say and n1G shortages in Dash or tickets including arm bands aad hand stamps. (page 1 of Z} Cuntracf tt~ 5up~1y AmuselYaents Page 2 11. Windy City Amusements I.nc. is to furnish kiability Insurance and Property Damage Insurance of not ]ass than $_,~,_,OOO.ODO. £or each occurrence with a certificate of said insurance scut to the Spousor prior tv the event. Windy City shall not be liable fqr the intentional ox negligent ads ofthe Sponsors, employees, and volunteers during rite event, Both the Village ofMorton Grove and the Morton Grove Park Diateict shall be Gazed as additional ixesured on the Windy City Certificate of Insurance. See Exbib[t A far insurance requirements. 12.Ride ticket and Unlimited Ride Special prices arc controlled by Windy City and maybe subject to yearly change. 13. Wizrdy City Amttsementa Inc. sha11 furnish Diesel73lectric Light Plants for ttte operation of the Carnival Fmtiprnent only, The Sponsor shall pay $ 1,Q0 per ~'tiStband aofm toward any G4esel F`uet used, or other Electriq Isower used during the engagement. 14.That it is muntally agreed by both parties hereto that there arc not other cgntracts ac promises either written or verbal bett~reen them. I5: n'eeedy Cety shall of be .cable for acts of Crgd, natural disasters, or acts o£'war or terrozism to the extent these ate not covered by the'Windy City insurance policies. 16,N/A ]']-This contract is (tally assignable by Windy City Amusements Inc with the written consent of the Village of Morton Grace 18.NJA 19. This contract: is a ~_ year contaract, good for 200%_ thru _,2(ll~t!` except upon written notice from either patty, stt least nine months before tits event, either party may Germinate this contrail, 20. If either party substantially prevails in any litigation ar arbitration between the parties with respect to this Cantxaet, the Iosing party will pay sl] costs and expenses incurred by the prevailing party in cornredian with the litigation or arbitration (including reasonable artameys' fees and soars}. r21.This proposal Hmay be wnthdrawo by us if not accepted within ----days ffam the date pf presentation. o£ 2408. e~~~~~~~AWCA will furnish 100 posters for advertisixtg. unlimited Ride Specials on Wed ilk Thnrs flOpm and Sat noon-4pm Tor $I6 per person par day. Carnlvnl boors ofapcration: Saly 2 & 3, 20008 6:OQ-11:OOp.m., Jaty 4, 2408 5:O0.11;OOp.rn., duty 5, 2008 uoanwil,:D4p.m. This contract entered into and signed in duplicate in the City yr Village of State of this day o£ A.D., 2008 by the duly authorized represetrtative of the parries hereto. ~~ONSOIt: DATED: W[NAY QTY AV~T.7tSEMEN'Y'S T`i TC,". AP_'1'EB: T1iia message is ss5tcndrd only For the rpe of rho individual ar entity to which its is nddtcascd and mny cimtnvn information thnt is privileged, ecmTadcnxiel anti rxcmpt tram. disclosure sndct npplisable taw. If the render of ffiis nu3cngo is not in[cndacl, ar L'~c employee or agent mspansible k'or deiivcting the measegc to the intendcxl mo3picnC you axe hccby notified that my disscmirmtion, duxn'bnti~. «~pying of this oommuniwtion atzictly prohibited. (page 2 of 2) ~xxr~xm "n" i. Insurance Requirements Contractor shall prpcur0 and maintaln, for the durakian of the contract, Insurance against Claims for inJuries to persons or damages to pmparty, which may arise from ar in connection with the pertpmrance of me work t^.ereun~er lay the Gontraatar, his agents, represantafives, employees a• subcontractors. Minimum Saope of Insurance Coverage shall be at least es broad as: A. lnsuranee services Ottice Commercial General i,rabiitty nccurrance form CG 000'twith the member named as additional !nsured, an a farm at Eeast ac hmad as the attached ssmpie endorsement including ISO Addiitonat Insured Endoraemenf GG 201() {Exhibit A;I, CG ~q2Q {Exhibit g), pr CG2037 -Compleked faperat_l~"'RS ~;Exhtbtt C} Resqulrsd !f box is checked (~; and I 9. Owners and Contractors protecitve Liability (tJCF) policy with the member as Insured. P,equired if box s ehecked ^; and C. Insurance Service Office t3ustnass Auto Liahtltty coverage form number CA 0001, Symbnt 01 "Any Auto." O, Workers' Compensation as required by the Workers' Compensation Act of lPrd SEatc of Illinois and EmpipyerS' Liability insurflnce. Gouarag® required for employee exposure to lead, if beax Is checked. ^ E. Bwllder P~isk Property Cdverage wRh member as Ines payee, Required if box is chodked.~ F. Environmental Impeirment/pollutlon Liability Coverage far pollution inpiden46 as a result of a Gatm for bodily injury, property damage or ramedlation costs from an incident at, an or migrating beyond the confracted work site. Coverage stlalt b8 exiandetl to Non-Owned Oispasa) sites resulting from a pollution incident at, on or mitigating beyond fha site; and also provide coverage for incidents occurring during transportation of pollutants. 17equlrod if box Is cttecknd. Q Minimum 4,ittaits of tnsuranoe Contractor shalt maintaln limits no lase than the following, irf required under above scope: A. Commercial General t_iabitity: $1,000,000 carnbined single limit per ocnurrence for bodily injury, and property damage and $9,000,000 per accurrenec for pcrsnnal injury. The general aggregate 5hr~ll be lwire i,he ri~gi,rired annurrpnoe flmil. Minimum General Aggregate shalB be no less than $2,g00,W0 or a prpJecf/contract specific aggregate of $t,oaa.ooo. B. Owners and Contractors F~rotective Liabiity (C7CP); $i,000,t00 catnbined single limit per pccureence for boally injury and property damage. C. Business Automobile 4iabilily: $1.OOO,Opg combined stngia limit per accident fat hodi y injury and property aamage. D. Warkars° Compensation and Employars° Liabilify: Workers` Compensation coverage with statutory limits and Employers' Liability limits of $$00,000 per accident. f? Bui~deMe trick 4`w.,g~ e..~.:.a ...,~;., e4 n~„ _.~.;_ ~.n ~s Fa,....:~ ! :_-___ :_..:..~:__ ..:..,__ _. __...- ..~W~,,... .~.,, ,.,a,. ,.., weiyo,,.cs, v;,i;iayv, rt,~iuu!i!y vrW[Gr damage (4ipod and hydrnst2iiC pressure not excluded), on a completed replacement cps° lassie. F. Environmental Impa9rmsnGPolluilan LiahllHy: ~1,Op0,d00 combined single limit per accurrenpe for bodily injury, property damage and remediation costs. Gteductibtes and Self-tns:urcd Retantlgns Any dedr,ctlbles nr self-Insured retentions musk ba declared tp and approved by the member, At the option of the member, either: the insurer shell reduce or ellmhiata such dotluctibles ar setf- insured retentions as respects the member, its afficiats, agents, ernplayees end volunteers; or theF Contractor shall procure a bard guet'anteeing payment of lasses and rcatad lnvnstigation, claim adminlstYation and defense aKpenses. ether In5LtrdnCe Prnyrsions The policies are tp Contain, oY be entlarsed tp contain, the fgtlowing pravisians: A, GENERAL, LlA81LITY ANb AttTpM4BiLE I,lA81LITY COVERAGES The member, its ofFcials, agents, employees and volunteers era to be covered as additional insured's as respaats; riakspRy arising put of the Contractor's work, including flctivikies pertnmted by or o^.t bel5alf of the Contractgr; products and completed aperaftons Of the Contracfar, premises owned, leased or used by the Gdntraatar; or automobiles owned, leased, Hired or pprrowed by tfte Contraaror. The cgveraga shall contain no special IirnitaRans pn the scope of pratectton affgrded to the member, Its officials, agesnte, amplayePS snd valuntaers. 2. The Contractor's insuranpe cgveragC shall be primary as respepts the member, its officials, agents, employees and volunteers. Any insurance or seff•insurance maintained by the member, its afficlals, agents, employees and volunteers shall be excess of Gpnlraptpr's Insurance snd shall not contribute with it, 3. Any failuro to comply with reporting previsions of the policies shall rtal affect cwverage provided td the member, Its affipials, agents, employees and volunteers. ~+. The Contractor's insurance shall contain a Sevtarabilily pt lntarestslCroes Liatr;Gty clause ar language stating that Contractor's insurance shall apply separately to each insured against whom claim is made pr suit is brought, except with respect to the limits of the Insurar'p liability. 5. It any commmrclal general liability insurance is being prgvldad under an exosss pr umbrella Ilanility policyYnat does nr.,f "tallow farm;' then the Cantractpr shall be requir~tl to name the member, its officials, agents, employees and volunteers ag addttipn$I inS~redS. 6, All general liability coverage sl'iall bra prpuidr;^d on an oaourrence policy form, wlaims- mada general liability paiioies will not be acaeptad. 6. WORHLERS COMPENSAT143N AhlD EMPLCtYERS" LIABILITY CQVEFfAC,E3 The insurer shall agree tv waive alt rights of subrogatipn against the member, its officials, agent;a, employees and volunteers for losses arising from work perrormetl tay Contractor fpr the m uniGpaiity (negdtiabie - msy opt be "!e^cd^vd pr smaller ca.^.meais wiih limited axppsttrej, 4. NCC! A~Iternate Emplaver Endorsement (VVC D603fl1 j in place to insure That workers' pornpensatipn cpvergge applies under Cantragtnr's, coverage rather than merntaer`s If thrr member is borrawing, leasing oJr in day to day control pf cantractgr's ernplayea. Required if box is checkrt~d. ~i G, wROFE5SIONAL LIABILITY (REQUIRED pF BOX 15 CHECKED C7Y 7. Professional liability insurance with limns nnl less roan $t,t?60,OD each Gairn with reapeck to negligent acts, errors arrd pnrissians in ganrleCtipn wiUa prpfessionaf services tp bs provldtad under the pontract, with a deductiolenot-to•exceed S x0,(}60 without prior wr;trgn approval. 2. If the policy is writkeh an a claims-made form, the retrpactive date must be equa(tn ar preceding the effective elate of the gontrant. In the event the policy is cancelled, non- renswed or switched to an aac:urrextoe fpnn, ftte Contractor shell be required to purchase supplemerttai ertending reporting parted raverage fpr a period of not less than three (8) years. 3. PrpvtCO a certlfiod copy of actual policy for review. 4, Regommtanded Required CrrvPraoe larrhftart enalnaer snrveuor rpnsultantt: Professonal Irablilty insurance that provides indamnlfica#ipn and defense for injury or damage arising out of acts, errara, or emissions !n prgvlding the fotlawing professional services, but not limited to the following: a. Preparing; approving or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or spce~catiens; b. Providing direction, Instruction, supervisipn, inspoctlon, engineering services pr falling to provide them, if that is the primary cause of iniury pr damage, D. ALt- Cf6VE12AGE5 f<doh insurance policy required by Yhis clause shall be 6ndors'pd to slate that caverage shall riot be suspended, voided, cancelled, reduced In caverage ar in limits except after thirty {30) days pflgr wrlitan notice by certified mail, return receipt requested, has been given to the member. A_ ccepiability of Insurers Ins!aranca is to be placed with insurers with a Best's rating cf no less than A-, VII and licensed to oa business in the State of Illinois. Veri4icatistn of Coveraaa Contractor shall furnish the member with certificates of insurance naming the member, its gffieial5, agents, employees end volunteers as additional insureds (lrxhibi4 p), and with originbl endorsements affecting coverage required by this c.7ausa. The Cerlidrates and endorsements far aaGt Insurance pa(iCy are tb be signed by a parson authorized by that Insurer to pied coverage on ire behalf. The cerdfigates and endorsements may ba on forms provided by tf,e member and 8re to be received and apprpved ny the member Isafore any work C.ommeriras. The attarhpd Aadrtrnr<e! I.ns_~,Ped ~'ndaraeme"~ l [b.n;t eh ~) JrlGll uc pi e'eidcd tp file insurer iar tnair Use In providing coverage to the addifion2l inswred. Other addNiensl 6TSUred endorsements maybe utilized, i,` fhey prcfvide a sC©pe of coverage at 9t>ast as bread as the cavarape stsiad on the attached endorsement (Exhibit E}, ouch as tSp AddiGpnal Insured Endorsements CG 2b1b {Exhibit A) of CG 2026 (Exhibit B). Tha memb®r reserves th® right to request full certiftad aapies of khe htsuranae policies and andorsamants. Subcontractors, Contractor shat) include all subcontractors as insureds under Its policies or shalt furnish separate certificates antl endprs4rHents for each subcontractor. Alf coverages far subcontracters shall be sub]aat, to all of the requircrrianis sle[ed herein, Assumption of 4iabtlfty The contractor assumes Ifability for al( injury to ar death of any parson pr parspns Including employees pf the contractor, any sub~contractar, any Supplier qr any other person and assumes habiElty for all bodily injury artd propatxy damage sustained by any parson or persons nacasioned by pr In any way arising ouf of any work performed pursuans to tnis agreement. Ii. Indemnity/Hold Harmless Provision fNate tea fVlem6er~ Irtrlrade as separate section of the contraat.j To the fullest extent perrriitted tsy law, the Contractor hereby agrees to defend, indemnKy and held Harmless tea member, its officials, agarits and employees, against ail ItiJuries, deafha, Loss, damages, claims, patent claims, suits, liatrilities, Judgments, cast and expenses, which may in anyw[se accrue against the member, its oiFicials, agents and employees, arising ;n whole ar in part or in consequence of the pertarmanCa of this work by the CantraaGx, its empbyees, or subcontractors, or which may in an}rwise result therefore, except that arising out of Ute sole legal cause of the member, its agents ar employees, the Contractor shall, at its own expense, appear, defend and pay aq charges oP attorneys and all costs and other expanses arising therefore ar incurred in connections tHerewlth, and, If anyJudgmen4 shall be rendered agains4 tYte manber, its officials, agents ahd employees, in any such action, the Contractor stt&ii, at ita own expense, 3gfisfy and discharge fHe same. Contractor expressly understands and ar~rees that any performance band or insurance poilcioa required by this cgniract, or otherwise provided fay the Contractor, shall in no way Ilmit the responsibility to Indemnify, keep and save harmless and defend the mervtber, Its o~nials, agents and employees as herein provided. brsfional p"araaranh Le>?islative Summary Resolution OS-03 AN RESOLUTION APPROVING AND AUTHORIZING AN AMENDMENT TO A LEASE AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND SBC TOWER HOLDINGS, LLC., FOR INSTALLING, OPERATING, AND MAINTAINING COMMUNICATION FACILITIES AT 6101 CAPULINA AVENUE Introduced: ~ January 14, 2008 Synopsis: Purpose: Background: Programs, Departs Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: First Reading: Special Considerations or Requirements: Respectful) submitted: Prepared by: Teresa Ho~finar This resolution authorizes an amendment to the Lease Agreement for the monopole at Villa^° Hall. s~ To authorize two ten year extensions ofthe Village's current lease of Village 13a1i property, for the monopole znd communication facilities. Pursuant to Resolution 97-49, the Village entered into a ten year lease with Souiltwestern Bell Mobile Systems, Inc., d/b/a Cellular One-Chicago for the installation and maintenance of a monopole, equipment, and facilities at Village Hall for wireless communications. The parties have negotiated an amendment to this lease which include the following terms: A. The lease shall include two additional ten year options, the first to begin on May 1, 2008. B. Rent shall increase beginning May 1, 2008, to $24,000 per year payable in equal monthly installments. Beginning May t, 2009, and each year thereafter rent shall increase equal to the Consumer Price index. C The Tennant shall have the right to enter into agreements with third parties for the collocation of communication equipment on the monopole and the Village shall receive in addition to the rent described above, 35% of future collocation revenues received by Tennant. D. The leased premise may include additional space needed 'for equipment and facilities required by Tennant or any collocator. Village Administration Offices and Legal Department Additional revenue will be realized by the Village along with a yearly Consumer Price Index increase. Rent and collocation revenue will be paid by Tennant to the Village each month. The implementation of the lease agreement will be supervised by the Village Administrator's Office and the Finance Department. Approval as presented. Not required None 6~, t~j_ Village Admin Corporation Counsel RESOLUTION 0~-03 A RESOLUTION APPROVING AND AUTFIORIZING AN AMENDMENT TO A LEASE AGREEMENT BY AND BETWEEN THE VILLAGE OF MORTON GROVE AND SBC TOWER HOLDINGS, LLC., FOR INSTALLING, OPERATING, AND MAINTAINING COMMUNICATION FACILITIES AT 6101 CAPULINA AVENUE WHEREAS, the ViLagc. of Morton Grove (,Village), looat:d in Cook County, Illincis, 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 incar debt; and WHEREAS, the Village is the owner in fee simple of certain real property commonly known as 6101 Capulina Avenue (hereinafter referred to as "Village Hall"); and WHEREAS, pursuant to the Unified Development Code of the Village of Morton Grove, certain real property may be utilized for the installation of wireless telecommunications facilities, subject to approval of a special use permit and such other variations as may be required; and WHEREAS, the Village and Southwestern Bell Mobile Systems, h1c. d/b/a Cellular One- Chicago (SWBMS), pursuant to Ordinance 97-49 entered into a Lease Agreement commencing on May 1, 1998 (the "Lease°'), for the purpose of installing, operating and maintaining a communications facility at Village Hall; and WHEREAS, the Lease allows the Tenant to locate a monopole telecommunication structure and accompanying equipment building on the Village Hali property to operate wireless communication services telecommunication facilities; and WHEREAS, the Lease provides for the installation and maintenance of the Village's existing public safety antenna installations on the monopole telecommunication structure; and WHEREAS, as a result of a reorganization of SWBMS, on or about June 7, 2001, SWBMS assigned its interest in the Lease to SBC Tower Holdings, LLC, a Delaware limited liability company ("Tenant"); and WHEREAS, the Village and Tenant desire to amend certain provisions in the Lease includlllg without limitation the following: A. The term of the lease will be extended to include two additional ten year renewal options, the first of which shall begin on May 1, 2008. B. Rent shall increase beginning on May I, 2008, to $24,000 per year payable in equal monthly installments. Beginning May I, 2009, and each year thereafter rent shall increase equal to any increase in the Consumer Price Index. C. Tenant shall have the right to enter into agreements with third parties for the collocation of communisation equipment on the monopole and the Village shall receive in addition to the rent described above 35% of future collocation revenues received by the Tenant. D. 1 he leased premise may include additional space needed for the equipment of rile Tenant and any collocator; and WHEREAS, the President and Board of Trustees find, the public interest will be served by the Village entering into this Amendment to the Lease Agreement, which will provide for the improvement of public telecommunications within the Village, provide fair and reasonable compensation for the use and enjoyment of the premise to be leased herein and by such actions the Village will provide for the location of wireless communication services/telecommunications facilities on municipal property and thereby minimizing the proliferation and impact of these facilities on the community; and WHEREAS, the ultimate implementation of this Agreement with respect to allowing additional parties to collate on the monopole is contingent upon the Tenant obtaining the necessary Special Use permit for the installation of such facilities. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing whereas clauses into this resolution as though fully set forth therein making the findings as Herein set forth. SECTION 2. The Village Administrator and/or his designees are authorized to take al] steps necessary to finalize negotiations for an amendment to the Lease Agreement approved pursuant to Ordinance 97-49 consistent with the terms set forth in this Resolution and in substantial conformity with Exhibit "A". SECTION 3: The Village President and Village Clerk are authorized and directed to execute such amendment to the Lease Agreement on behalf of the Village of Morton Grove. SECTION 4: The Village Administrator and/or his designees are hereby authorized and directed to take actions necessary or permitted to implement the terms of this amendment to the Lease Agreement and as may be required to give full force and effect to this Resolution. SECTION 5 This Resolution shall be deemed an exercise of the home rule authority of the Village of Morten Grove and is intended to the fullest extent allowed by the Constitution of the State of Illinois and shall be construed to supersede any contrary or conflicting state, county, or local statute ordinance, law, rule or regulation. SECTION 6: This Resolution shall be in full force and effect from and after its passage and approval as required by law. PASSED this 14t1i day of January 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14th day of January 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15th day of January_2008. Carol Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois lease agreement between V ill & ce112 EXHIBIT "A" AMENDMENT TO LEASE AGREEMENT SITE N0.297 THIS AMENDMENT TO LEASE AGREEMENT SITE NO. 297 ("Amendment') is entered into on the 14'~ day of January , 2008, by and between Village of Morton Grove, Cook County, Illinois (hereinafter referred to as "Landlord") and SBC Tower Holdings LLC, a Delaware Eimited liability company, its successors and/or sssigns, ofo AT& T Mobility LLC, Attn: Lease Administration, 6100 Atlantic Boulevard, Mail Code GAN02, Norcross, GA 30071 (hereinafter referred to as "Tenant"). WHEREAS, Landlord and Southwesiern Beii Mobile Systems, Fn€. d/h/a Cellular One- Chicago (SWBMS), predecessor in interest to Tenant, executed and entered into that certain Lease Agreement Site No. 297 commencing May 1, 1998 (the "Lease"), for the purpose of installing, operating and maintaining a communications facility and other improvements on the Leased Fremises (as described in Exhibit A attached hereto and incorporated by reference herein; said Exhibit A may be replaced with a survey depicting the actual legal description); and WHEREAS, as a result of a reorganization of SWBMS, on or about June 7, 2001, SWBMS assigned its interest in the Lease to Tenant; and WHEREAS, Tenant entered into that certain Sublease Agreement with Southern Towers, ]nc; predecessor to American Tower Asset Sub II, LLC (the "Sublease"), dated December 14, 2000 whereby Tenant has subleased the Leased Premises to American Tower Asset Sub ll, LLC; and WHEREAS, Landlord and Tenant desire to amend the Lease as set forth herein, and American Tower Asset Sub II, LLC desires to acknowledge said Amendment. Any terms in the Lease that differ from the meanings of such terms as used herein shall be construed as being consistent with the terms expressed herein, solely as it relates to the subject matter hereof; and WHEREAS, Landlord and Tenant desire to amend certain provisions in the Lease. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Amendment, and other good and valuable consideration, the receipt and suffleieney of which are hereby acknowledged by the parties, Landlord and Tenant hereby agree and wntract as follows: Lease Term Extended: Tenant shall have the option to extend the Lease for each of Two (2) additional Ten (10) year renewal terms (each a "Renewal Term"). The first such Renewal Term shall commence on the day following the expiration of the last remaining renewal period available under the Lease. The Lease will automatically renew for each successive Renewal Tenn unless one year prior to the expiration of the then current term Tenant notifies Landlord that Tenant elects not to renew the Lease. 2. Rent Term and Escalation: Commencing on May 1, 2008 ("Effective Date"), the Rent payable under the Lease is hereby increased to Twenty Four Thousand and 00/] 00 Dollars ($24,000.00) per year, payable in equal monthly installments. On the first anniversary of the Effective Date. and on each anniversary of the Effective Date thereafter, Rent shall increase by an amount equal to the Rent payable in the year immediately preceding such adjustment increased by a percentage equal to the percentage change in the most recently published Consumer Price Index (CPI-U - Chicago Index). ]f such index is discontinued or changed in such a way that it is impossible to Morton Grove, 1L k304027 obtain a continuous measurement of price changes, it shall be replaced by comparable govermnental index. Additional Rent: (i} As additional consideration, Landlord shall be entitled to receive thirty fve percent (35%) of any future collocation revenues actually received by Tenant from each sublease, license or other collocation agreement of the Leased Premises or Tower entered into with athird-party (` Additional Collocator") subsequent to the Effective Date of this Amendment. Landlord shall not be entitled to receive any portions of any sums paid by a licensee or sublessee to (a) reimburse Tenant for improvements to the Leased Premises or structural enhancements to the i vwer 'w rich iia Je bBCn ~Tiade b'y' i enant tvr rile benetti Oi ti ~°, prvpvs.°.d hC.°,n5.°..°. .^,r 52.`b1 e55.°,0 or (b) reimburse Tenant in whole or in part for costs associated with the development, operation or maurtenance of the Leased Premises, the Easement or the Tower. (ii) [n the event a sublease or license with an AdditionalCollocator expires or terminates, Tenant's obligation to pay the Collocation Fee for such sublease or license shall terminate upon the date of such expiration or termination. Tenant shall notify Landlord in writing of such expiration or termination within i 5 days of same. Notwithstanding anything contained herein, no Collocation Fee shall be due for any sublease or transfer to any subsidiary, parent or affiliate of Tenant, if such sublease or transfer does not result in additional equipment on the tower. (iii) Tenant has the sole and absolute right to enter into, renew, extend, terminate, amend, modify reduced rent, or allow the early termination of any future or existing subleases, licenses or collocation agreements for occupancy on the tower, all on such terms as Tenant deems advisable, not withstanding that such decisions may affect the amounts payable to the Landlord pursuant to paragraph 3(i) hereof. (iv) Notwithstanding the foregoing, Landlord hereby acknowledges and agrees that the provisions of this paragraph 3 do not apply to any current sublease, license or other collocation agreement or to any past or future modifications to such agreements. 4. Landlord and Tenant hereby acknowledge that pursuant to Paragraph 4.(A) of the Lease, as of the date of this Amendment, the Landlord has the following attachments installed on the Tenant's communications facility: • (7) 20' Dipole antenna and (]) 718" coax at 102 foot level • (1) 2' Omni and (1) 7/8" coax at 84 foot level • (]) 20' Omni and (1) 7/8" coax at72 foot level (1) 20' Omni and (I) 7/8" coax at 49 foot level" 5. Paragraph 4.2(a)(i) is hereby deleted and amended as follows: "No more than twelve (12) cellular transmit/reeeive antennas and other receiving equipment at one-hundred (100) feet above ground level fad by transmission line or lines, except in the event that the Tenant enters into an agreement with additional licensees or sub-licensees (customers), tenant may have such additional cellular transmit/receive antennas attached to the tower as may be necessary for said customers." 6. Landlord hereby leases to Tenant an additional Two F{w~dred (200} square feet contiguous to the leased area as set forth on Exhibit B attached hereto and incorporated by reference herein. As Marton Grove, IL #304027 depicted on the attached Exhibit B, the existing sidewalk and shrubbery shall be relocated. Such relocation shall be paid for by Tenant or Tenant's customer. Said Exhibit B may be replaced with a survey depicting the actual legal description. 7. Notices: All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, signed receipt requested, or by First Class Onited States mail, certified, return receipt requested, addressed as follows: Landlord: Village of Morton Grove Attn: Village President 6101 Capulina Avenue Morton Grove, 1L 60053 Tenant: SBC Tower Holdings LLC c/o AT& T Mobility LLC Attn: Lease Administration 6100 Atlantic Boulevard Mail Code GAN02 Norcross, GA 30071 W ith a copy to: AT& T Mobility LLC Attn: Legal Department I S East Midland Avenue Paramus, NJ 07652 American Tower 10 Presidential Way Woburn, MA 01801 Attn: Land Management American Tower 116 Huntington Ave. Boston, MA 021 l6 Attn: Legal The parties may substitute recipient's names and addresses by giving at least thirty (30) days notice. The parties may reasonably require additionai or subsequent recipients' names and addresses by giving at least thirty (30) days notice. Rejection or refusal to accept delivery of any notice, or the inability to deliver any notice because of a changed address of which no notice was given, shall be deemed to be receipt of any such notice. 8. The last sentence of Paragraph 10 is hereby deleted and replaced with the following: "Except for an assignment to an affiliate ar successor-in-interest, any sublease or assignment by the Tenant shall require Landlord's consent, such consent not to be unreasonably withheld or delayed. Landlord's consent shall be presumed unless Landlord provides Tenant with written notice of Landlord's objection to said sublease or assignment within thirty (30) days following Landlord's receipt of Tenant's written notice said assignment or sublease." 9. The last sentence of Paragraph 15.1 is hereby deleted. Morton Grove, 1 L #30A027 10. All other terms of the Lease except as may be amended herein, or as may be in conflict with the provisions of this Amendment, shall he deemed incorporated into this Amendment. 11. Except as amended herein, all terms, wnditions, provisions, covenants and agreements contained in The Lease are hereby ratified and confirmed in their entirety. The terms used herein and not otherwise denned in this Amendment shall have the same meaning as set forth in the Lease. [SIGNATURES NEXT PAGE] Morton Grove, 1L #304027 IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day first above written. LANDLORD: WITNESSES: Village of Morton Grove By: Richard Krier [ts: Village President Signature Print Name: Carol A. Fritzshatl, Village Clerk Signature Print Name: Joseph F. Wade, Village Administrator ACKNOWLEDGEMENT State of l l linois County of Cook On January 14, 2008 before me, Susan Lattanzi (here insert name), a Notary Public, personally appeared Richard Krier, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: Susan Lattanzi My commission expires: June 6, 2009 Morton Grove, IL #304027 TENANT: SBC Tower Holdings LLC, a Delaware (invited liability company WITNESSES: By: Signature Its: PrintNa~t Signature Print Name: ACKNOWLEDGEMENT State of County of On before me, (here insert name), a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by his/her/their signatures} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: My commission expires: Moi2on Grove, IL k304027 EXHIBIT A This Ezhihit A Niay he Replaced by ar. As-Built Survey at Lessee's Opticn depicting the Leased Premises, Access and Utilities Easements and if applicable, guy wire and guy anchor easements Leased Premises .ASSURVEYED LEASE DESCRII''I`IUN TE3AT :YART Ok' LOT 34, 35; 36,.37, AND 33 7N I3.LOCK FOUR Q7F' DEMP5tER AUSTIN I3IG#iLAN17S BEING A SUBDIVISION C7F SECTION 20 T045'NSHIP 41 NORTF& RANGE TFIIRT'EEN EAST QF'1'f3E TI3FRD PRLNCTPAL MERIDLAhT BOUNDED AND DESCRIBED AS FOLI:OWS: C02~iMENC[NG AT THE SOUTHEAST CORNER OF SAID LOT 34 : THENCE NOR'tFI $9 DEZ,rREES 59 hLZNU"3'E$ 5$ SECONDS WES'T', BEING AN ASSUMED BEARIlVG ON 123E SOiiTH LINE.OF SAS L[7 T 34 ?; P7ISTA i3CE OF' a.23 F EET ; ?'rIENCE NORTH 00 DEGREES 59 NIPN~7.'T`E$ 34 SECONT55 EAST» A:I]ISTANCii OF 23.83 FEn'T TO A POIIJ'F OF CURVE; THENCE hIORTI3R'ESTERLY 47.51 FEET 023 A CURVE TO TI3E LEF"C HAVING A RADIUS OF 30.00 FEEL WITH. A CHORD DISTANCE OF 42.70 FEET ,AND A CHORD SEARING OE NORTH 44 DEGREES ?2 MTNC7't`ES 03 SECONDS WEST TO APOINT OF TANGENT; THENCE NORTFI $9 DEGREES 43 k2I1'T[TTfi5 40 SF,CONpS WF-ST ON SAID TAEQGENT LtNfi A DISTANCE OF 13$.74 FEET TO A ' PORT OP CURVE; THENCfi NORTFIWBS'fERLY 23.57 FEET ON A CURU'E TO THE RIGHT„ HAVING A RADIUS OF I5.00 FEET WIT'E3 A CHORD DIS'T'ANCE OF 22.22 FEET AND A CI30RI7 H'EARIPIG OF NORTH AA DEGREES 43 DRII3I1TTiS 40 SECONDS WEST TO A POR'tT OF TANGEIJI ; THENCE NOH.TH 00 DEGREES 16 MINUTES 20 SECONDS EAST ON SAID TANGENT LINE A, DISTANCE-OF 24.78 FEET; THENCE SOUTH 89 DfiGRF,F,S p4 MIN'U1'ES 17 SECONDS EAST A DISTANCE OF 27,63'FEET; TI3ENCE NORT€I OO DI GREES 55 MINUTES 43 SECONDS E.0.ST ON A LINE'. PERPENDPCULAR TO TPIP. T.AST DESCRIBED COURSE, A DLSTANCE OF 5.~ FEET TO THE POIl\*T OF bEGINNIIdG; Tf3ENCE NORTH 89 DEGREES 04 MYNUIES I? SECONDS WEST' A DISTANCfiOF 14.D0 FEET;'THEIvCE NORTH 00 DEGREES 55 ASIIdii'I'ES 43 SECONDS EAST ON A LINE FERYBNDICULAR TO TFIE LAST DESCRIBED COURSE, A DTST.4NCE OP I4.00 FEET; TI3ENCE SOUTH $9 DEGF.EES 04 MilYt1'I'ES 17 SEC02dD5 EAST ON A LIISE PARALLEL WITH. THE LAST DESCRIBED TANGENT:LINE A DISTANCE OF I4,00 FEET; TRENCH SOUTH 00 DEGREES 55 MLNLI"I'ES 43 SECONDS WEST ON A PINE PERPENDICULAR TO THE LA5T DESCRIBED COURSE A D[STAlv?CE OF 14.00 FEET T01'f3E PO[NT' OF BEGINNING, ALL IN COOK COUIv?TY, ILLINOIS. Morton Grove, 1L #304027 EXHIBIT A continued AS SURVEYED IIdGRFSS AND EGRESS EASEIvIEh"I' THAT'PART G'c LOTS 34, 35, 36, 37, AND 3$ IN BLC~IC FOLFR OF DE*hPSTER.~USTI1~1 iI~GIiLANDS EELTIG A SLFBDI4'ISiON OF SECTION 20 ,TOWNSHS' 4t NORTH ,RANGE I3 , EAST OF THE THIRD PRINCII'AL' MERIDIAN BOUNDED APdL) DESCRlliED AS FOLLOWS: COlvL~9FNC~1G AT THE SOUTHEAST CORATFR OF SAID LOT 34; THENCE NORTH 89 DEGREES S4 MII~iC1TES 5$ MINUTES WEST BEING AN ASSUMED BEARITvG ON THE SOU'TFZ L]NE OF SAID I:OT 34, A DIS'TANC13 OF,9.23 FEE'P TQ THE FOIi3`Y' OP BEGE~tNTNO; THENCE NORTH 00 DEGREES 59 NfINLI"['E5 34 6ECOI~TDS EAST, A D15TANCE OF 23.$3 FEET TO A POINT" OF CURVE; THENCE NORT13WTr"aTERLI' 4?.51 FEr: t ON A CUTc~~'E TO TS~FE LEFT FzAVPN('a n RADIUS OF 39.00 FEEfi WPPH A CHORD DISTANCE OF 42.?0 FEI-I' AND A CIiORD BEARIIvG . OF NORTFI 44 DEGREES 22 MIi~~'TES 03 SECONDS WEST TO A POINT OF TANGENT; THEt.TCE NC3RTFi 89 DEGREES 43 ARIIdLiTES 40 SECObIDS WEST ON SAID TANGENT LRdE A DISTANCE t)F 438.74 FEET TO A POINT OF CURVE; THENCE NORTHW'E5'I'ERLY 23.57 FEET ON A CURVE TOT HE RIGHT, HAVING A RADIUS OF ISAO FEET WITIi A CHORD DISTANCE OF 21.22 FEET A:ND fY CHORD BEARING (3F NL7RTH 44 DEGREES 43 MINCTTES 4U SECONDS WEST TO A .POINT O.,F T,4NGENT; THENCI; NORTH QO DEGREES 16 MINLrfES 20 STsCONDS EAST ON SAID TANGENT LINE A DISTANCE OF` 24.?8 FEET; THENCE SOUTH 89 DEGREES 04 MRJUT"ES i? SECONDS EAST A DISTANCE OF- 27.63 I^EET; THENCE NORTH 00 DEGREES 55 M7NU1'ES 43 SECO?^!DS EAST ON A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, A D'LSTANCE bF 5.00 FEET; TI3ENCE NORTH 89I7EGREES O4IvffNU"TES 17 SECONllS WEST ON A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 42.69 FEET T{~ A POIIVT';T'I'IENCE SOUTTi 00 DEGREES IS MIIvUT'ES 20 SECONDS RrEST A DISTANCE OF 29.95 FEET TO A POINT OF CURVE; THENCE SOUTHIVESTERLY 47.13 FEET ON A CURVE TO THE LEr"i r,AVB~fG A RADIUS OF 30.00-FEET WFCfI A CHORD DISTANCE OF 42.A3 FEET AND A CEIORD SEARING OF SOT.ITH 44 DEGREES 43 MIIdUTES 40 SECONDS WEST TO A FOBVT OF TANGENT; THENCE SOUT'II 89 DEGREES 43 h2INCi'I'ES 40 SECONDS EAST ON.SAID TASdGFIv'T LINE A DISTANCE OF 13&:'Y4 FEET TO A POTNF OF CURVE„ THENCE SOUTIIEA3fERLY 23.76 FEET.ON A CURVE TO THB RIGHT HAti ING A RADIUS OF I5.60 FEET WiT'II A CHORD DISTANCE OF 21.35 FEET AND,A CHORD BE i7:R.ING OF SOUTH 44 DEGREES 22 I~fIlVLtTES 03 SECONDS EAST TO A POINT'OF TANGENT;THEIVCE SOUTH 00 DEGREES S9 MINi 1TES 34 SECONDS WEST ON A SAID 1'ANCF:tv"I I:1NE A DISTANCE OF 23.83 FEET TO A Pt7INT ON T°HE SOC7THLINE OF SAiD LOT 34; THENCE 50UTH 89 DEGREES S9 MIIJtPi"ES 5$ SECONDS EAS"t ON SOUTH LII3E OF SAID LOT 34 A DISTANCE OF 15,00 FEBT TO THE POIIVT OF Br,GINi~?L*IG ALL IN COOK COL~N`tt"i', ILLINOIS. Morton Grove, iL #304027 EXHIBIT S (Exhibit may be replaced with a survey depicting the actual legal description) ~~ __ ~. . 2g Q'.-.---. L~~~J \ ~.~ ; h v ~ r ~. S ~ T ~ ~trrv t„ ~ ? l ~~ Morton Grove, IL #304027 Prepared bV and Return To: Attorney: Sara White American Tower Corporation 10 Presidential Way Woburn, M A 01801 Attn: Laud Management ATC Site #364027 ATC Site Name: Morton Grove, IL Tax Parcel ID Number(s): 10-17-22t-601-0(100 MEMORANDUM OF LEASE This MEMORANDUM OF LEASE (`Memorandum") is entered into on the i4°i day of January 2008, by and between Village of Morton Grove, Cook County, Illinois (hereinafter referred to as "Landlord") and SBC Tower Holdings LLC, a Delaware limited liability company, its successors and/or assigns, c/o AT& T Mobility LLC, Attn: Lease Administration, 6100 Atlantic Boulevard, Mail Code GAN02, Norcross, GA 30071 (hereinafter referred to as "Tenant"). W[TNESSETH: WHEREAS, Landlord and Southwestern-Bell-Mobile-Systems,..Inc. d/b/a Cellular One-Chicago, predecessor in interest to Tenant, executed and entered into that certain Lease Agreement Site No. 297 commencing May I, 1998 (the "Lease"), for the purpose of installing, operating and maintaining a communications facility and other improvements on the Leased Premises (as described in Exhibit A attached hereto and incorporated by reference herein; said Exhibit A may be replaced with a survey depicting the actual legal description); and WHEREAS, Tenant entered into that certain Sublease Agreement with Southern Towers, Inc; predecessor to American 'tower Asset Sub Il, LLC (the "Sublease"), dated December 14, 2000 whereby Tenant has subleased the Leased Premises to American Tower Asset Sub II, LLC; and WHEREAS, Landlord and Tenant desire to amend the Lease as set forth herein, and American Tower Asset Sub lI, LLC desires to acknowledge said Amendment. Any terms in the Lease that differ from the meanings of such terms as used herein shall be construed as being consistent with the teens expressed herein, solely as it relates to the subject matter hereof; and WHEREAS, Landlord and Tenant desire to amend certain provisions in the Lease. NOW, THEREFORE, in consideration of the Lease and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: Morton Grove, TL &304029 1. The teens and conditions of said Lease are incorporated into this Memorandum by reference. 2. Premises: Subject to the terms of the Lease, Landlord has leased to Tenant a portion of the real property described in Exhibit A attached hereto and incorporated herein by reference. Landlord hereby leases to Tenant an additional Two Hundred (200} square feet contiguous to the leased area as set forth on Exhibit B attached hereto and incorporated by reference herein. J. term: leilanl Snall 17aVe Lne UpUUII W GXIGUU uic icaoc m~ caw ~ ~~~ ~~~ additional Ten (10) year renewal teens (each a "Renewal Term"). The first such Renewal Term shall commence on The day following the expiration of i71e last remaining renewal period available under the Lease. The Lease will automatically renew for each successive Renewal Term unless at any Yime prior to the expiration of the then current teen Tenant notifies Landlord that Tenant elects not to renew the Lease. 4. This Memorandum is not a complete summary of the terms and conditions contained in the Lease. Provisions in the Memorandum shall not be used in interpreting the Lease provisions. In the event of a conflict between This Memorandum and the Lease, the Lease shall control. ~SiGNATURES NEXT PAGE Morton Grove, IL #304027 IN WITNESS WHEREOF, the parties hereto have seY their hands and seals on the day first above written. LANDLORD: WITNESSES: Village oFMorton Grove By: Richard Krier Its: Village President Signature Print Name: Carol A. Fritzshall, Village Clerk Signature Print Name: Joseph F. Wade, Village AdministraCOr ACKNOWLEDGEMENT State of [Ilinois County of Cook } O^ January 14, 2008 before me, Susan Lattanzi (here insert name), a Notary Public, personally appeared Richard Krier, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the saane in his/her/their authorized capaeity(ies), and that by his/herhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public Print Name: Susan Lattanzi My commission expires: June 6, 2004 Morton Grove, IL #304027 TENANT: SBC Tower Holdings LLC, a Delaware limited liability company Qy: its: WITNESSES: Signature Print Narr Signature Pant Name: ACKNOWLEDGEMENT State of County of On before me, (here insert name), a Notary Public, personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence) Yo be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me Chat he/she/Chey executed the same in his(her/their authorized capacity(ies), and That by his/her/their signature(s) on thernstrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offcial seal. Notary Public Print Name: My commission expires: Morton Grove, IL #304029 EXHIBIT A This Exhibit A May be Replaced by an As-Enilt Survey at Lessee's Option depicting the Leased :'remises, Access and I7tf!lties Easements and !f applicable, guy wire and guy anchor casements Leased Premises ~:SSLT1tVEYED LEASE DESCRIPTION TFTATP:A.It'1"'-)F I,O'I"34, 35; 3ls: 37, A*?D 38 INBLOC.~ POT,~It OF DER4PS'CER ALrSi'tN. HIGFILANDS BEING A SUBDIVISION OF SECITON 20 TOVx"NSHIP 41 NORTH, RANGE THIILTEEN EAST OF THE THCRD PRINCIPAL MERIDIAN 130UNDED AND DESCRIBED AS F4LT;OWS: COhfMENCING AT.THE SOUTHEAST CgRNER OF SA[-D LOT 34 ;THENCE NORTH 89 DEGREES 59 t~rurauTES ss s~CgNDS WEST, BERVG AN ASSUMEI3 BEARING qN THE SgtJ1"H I:ATE OF SAIp LOT 34 A DISTANCE OF 9.23 FEET ;THENCE NORTH 00 DEGREES 59 h4rc+iCiY'ES 34 SECONDS EAST, A DISTANCE OF 23,83 FEET TO A POIITC OF CURVE; T13BNCE NORTITWESTERLY 47.51 FEF:"1' ON A CURVE TO THE LEl?T HAVING A RADIUS qF 30.E FEk i `A+'CI"H A CHORD DISTANCE OF 42,70 FEET AND A CHORD BEARING OF NORTH 44 DEGREES 22Iv1INLri`ES 03 SECONDS tt,'EST TO A POINT qF TANGENT; THENCE NORTH 89 DEGREES 43 MINITTES 40 SECONDS Wf ST qN SAID TANGENT LTNF A DISTANCE OF 138.74 FEET TO A PQi1~T1' OF CURVES THENCE NORTHWES'F'ERLI' 23.57 FEET ON A CURVE TO THE RIGHT, HAVING A RADIUS qF 15,00 FEET WITEI A CHORD DISTANCE OF 21.22 FEET AND A CIigRD BEARtf3G qF NORTH 44 DEGREES 43 tvtTl3UTES 40 SECONDS WEST TO A POINT OF TttNGENT; TIIEhTCE NORTH 06 DEGREES ifi ivITNU'CES 20 SECONDS EAST ON' SAID TANGENT LINE A DISTANCE OF 24.78 FEET; THENCE SOUTH 89 DEGRBBS 04 NflNUTES 17 SECONDS EAST A 17ISTAidCE OP 27,63 FEET; THENCE NORTH 00 DEGREES 55 h2INUTBS 43 SECONDS EAST ON A LAZE PERPEI~IDICITLAR TO TIIE T.A5T DESCRIBED COURSE, A DISTANCE bP 5.06 FEET TO THE;POA'T OF Y3EGINNINt3; THENCE NORTH 89 DEGREES 04 MINUTES I7 SECONDS WEST A DISTANCE QF 14A0 FEET; THENCE NORTH DO DEGREES 5S MRVU'T'ES 43 SECONDS EAST ON A LI1!IE PERPBIv'DICCTLAit TO THE LAST DESCRIBED COURSE, A DISTANCE OF 14.00 FEET; TIIF.,NGE SOUTH 89 DEGREES 04 MINUTES 17 SECONDS EAST ON A LINE. PARALLEL W 1TIi THE LASfi TYESCRZBED TANGENT.I.YhtE A AISTANCE OF i4.00 BEET; THENCfi SOUTH 00 DEGREES 55 M3:nTUTES 43 SECONDS' WEST ON A TINE PERPENDICULAR Tq THE LAST DESCRIBED COURSE A I"715TANCE OF 14.00 FEET TO THE POINT OF REGAINING, ALL a'SsT COOK COUNTY, ILLINOIS. Morton Grove, IL #,304027 EXHIBIT A continued AS SURVEYED [2dGRESS AND EGRESS E.ASEiyI~vT :IHAT'PA~T dr LOT'S 34, 35, 36, 37, At~D 38 IN ELCCI~. FOUR OF DEMPSTER AUSTI?~T HIGTiLANDS DEING A SLiTiDIVISiON OF SECTI03V' 24 ,TOWNSHIP 41 NORTH „RANGE 1.3 , EAST dF TP.E TI?.II+.D PP3I~ICIPA.L ~ P.ID~.N SdUNDED ANrJ DESC.~~EED AS FOi LOWS: CdN(~>rhTCING AT THE SO[7THEAST CORNER OF SAID LOT 34; `ItIENCir ivOKiri 89 DHcrk<EES 59 ARINttfE~ 5$ MINLTFS WEST BEING AN AS5CIPvItYLI BEARING ON THE SOLtTH LSNE OF ' SAID.I;O`I`34, A DISTANCE OF.9.~3 FEET` TO THE POtNI OF BEGINNThIG; `fIIEAiCE NOicI-rl 00 DEGRIsES 59 Mfb1Y7"fES 34 SECONDS EAST, A DISTANCE OF 23.83 FEET TO A POTNf OF CURVE; THENCE NOR'fH"WBSTERLY 47.51 FEET ON A C"IJRVE TO THE LEFT HAVING A It.4DIU5 dF 3D.Ofl FEET WIT'Fi A CHARD DISTAi'dCE dF 42,70 FEET AND A CHARD IlEARINts OF NORTH' 44 DEGREES 22 ivfFhrt.rTES 43 SECONDS WEST TO A POWT OP TANGENT;. TIIENG°l: NC3RTH 89 DEGREES 43 IviINL'1'ES 40 SECONDS Vk!EST ON SAR3 TAI3GENT LIriB A DISTANCE t2F 138.74 FEET TO A P.(:1'[t~"'f <3F CURVE; THENCE 3ddRTHWESTERLY 23.53 FEET d±~t A CUEt VE TO"f' HE RIGHT , HAVING A RAD'NS OF 15.00 FEET WI'ITi A CHARD DLSTAISCE OF 21.22 FEET AND A CHORD BF~:RING OF"NORTH 44 DEGREE5 43 MINIIT'ES 40 SECONDS WEST TO A POINT OF T:4NGENT; T'HENC'E NORTH 04 DEGREES 16 NIINL1"'fES 20 SECONDS EAST ON SAID TANGENT LINE A DISTANCE OP 24.7$ FEET; THENCE SOUTH $9 DEGREES 04 MRVC7TII5 I7 SECONDS EAST A DISTANCE OF.27.63 BEET; THENCE NOR"fH 44 DEGREES 55 tVffNUTES ~€3 SECONDS EAST ON A T.fNE PIERPENDICULAR TO THE LAST DESCRIEED CUURSE„ A DISTANCE bF 5.00 FEET; TL3ENCE NORTH $9 DEGREES U4 HffNUT'ES ] ] SECONDS WEST UN A LTt~fE'PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 42.b9 FEET T'O A POLRIT; THENCE SOUiTIi 04 DEGREES 15It2INUTES 20 SECUND3 R-ESTA DISTA,'~fCE OP 29.95 FEET TO A FOINT OF CURVE; THENCE SOTJTHW ESTERLY 47.13 FEET ON A CURVE TO THE. LEFT HAVING A RADICJS OF 30.00.FEET WITIii A CHORD DISTANCE OP 42.43 FEETAND A ' CHOItI? 9EAR11dG OF SOUTH 44 DEGREES 43 It~.II~!UTES #0 SECONDS W EST Td A POINT' OF TAT3GENT; THENCE SUUTH 89 I3EGREES 43 MINNI7T'ES 44 SECUNDS EAST ON.SAID TANGENT L121IE ADISTANCE OF 138:74 FEET TO A POINT OF CURVH; THENCE SOUTITEAS'I'EItLY 23.3b FEET.ON A CURVE TO TZIE RIGHT HAVING A RADIUS OF 1.5.04 FI`sET WITH A CHORD -.DISTANCE OF 21.35 FEET' A2dD,A CHORD BEARING OF SOUTH 44 DEGREES 22 b4INUTES 03 SECONDS EASTTO A PUINT'dF TANGENT; TRENCH SOUTH 04 DEGREES 5$ IvI1RTGTES 34 SECONDS WEST ON A SAID TANGENT LI4v'E A DLSTANCE OF 23.83 FEET TO A PC}INT' ON T'I3E SOUTH LINE.OF SAID LOT 34; THENCE SOUTH 89 DEGREES 59 tvtFPltJT'ES 58 SECONDS EAST. dN SOUTH LIl~FE OF SAIIJ LOT 34 A DLSTANCE OF 15.04 FEET TO THE Pdit~TT OF BEGIIvTVINtT AL,T, IN COOK COI.SNTY, IIS,II*IOTS. . Morton Grove, IL #304027 EXHIBIT B (Exhibit may be replaced with a survey depicting the actual legal description) Morton Grove, f L #304027 Legislative Summary Ordinance 08-02 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMIMERCIAL Ii~DIO ANTENNA INSTALLATION Introduced: Synopsis: Purpose: Background: Programs, Departments Groups Affected Fisca! Impact: Source of Funds: Workload Impact: Admin Recommendation: First Reading: Specia( Considerations or Requirements: Respectfully submitted: Prepared by: /'"" Teresa Hoffman January 14, 2008 This ordinance will approve a special use permit to construct two radio antennas on an existing tower located at 8323 Nagle Avenue in the Village of Morton Grove. The installations of antennas are allowed in the M-2 District only pursuant to a special use ordinance. The antennas wi61 be used for broadcasting of contemporary Christian music. American Tower Corporation requested a Special Use Permit to install two radio antennas on an existing tower at 8323 Nagle Avenue which is located in an industrial area near the Forest Preserve. Previous Village ordinances have granted Special Use Permits for the installation of ater antennas on this tower. The Plan Commission, after a hearing held on December 17, 2007, found the Special Use Permit meets the standards set forth in the Village's Un~edDevelopnaent Code and unanimously recommended the Special Use Permit be granted. Building and h~spectional Services; Village Planner; Village Engineer N/A N/A The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to the nonnal course of business. Approval as presented. January 14, 2008, Required None F ~e,VillageAdministrator ~,/~~ ~r. Reviewed b orporation Counsel Ed it ebrandt, Building Commissioner Ordinance 08-02 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8323 NAGLE AVENUE FOR A COMMERCIAL RADIO ANTENNA INSTALLATION WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State o Illinois ~s_:_. f ~ ~ re~i-~-.~s~ss:n 4n ~tv Ri ~iier:L'S:e'St^:. CS21d11~ 121LllSQ:Yig ~ili- and Cali exere; Se uny pc..... a..., per C:Tn any ,Sne~.... y .... ..b . .. b~. - ~, not lianited to, tine power tc tax and inc,,,,~ debt; a_nd WI-IBREAS, the applicant, American Tower Corporation, 1102 Perimeter Drive, Suite 700, Schaum6~ug, Illinois 60173, has made a proper application to the Pian Commission in the Village of Morton Grove under Plan Connnission Case No. PC 07-08 requesting a special use pernlit for 83231v'agle Avenue to install. two radio antennas on an existing tower; and WHEREAS, said property is_zoned and classified in the M-2 "General Manufacturing District" under die provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Cnove Unified Development Code, upon proper notice duly published in the Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on November 29, 2007, and upon the posting of a sign on the property and upon notice sent to property owners within two hundred fifty (250) feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on December 17, 2007, at which time all interested and concerned parties were given an opportunity to be present and express their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations and certain conditions through a report dated Jat7uary 14, 2008, a copy of which is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and find pursuant to the relevant provisions of the Village of Morton Grove Unified. Development Code, the proposed Special Use is designed and proposed so that the public health, safety and welfare will be protected and the permit will not cause substantial injury to the value of the other properties in the neighborhood in which it is located.; and WHEREAS, pursuant to the provisions of the Village of Moi°ton Grove Unif ed Development Code, the Corporate Authorities have determined the Special Use Pernlit shall be issued subject to conditions and restrictions as hereinafter set forth. NOW, THEREFORE, SE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the Foregoing WHEREAS clauses into this Ordinance, as though fully set foi2h herein, thereby making the findings as hereinabove set forth: SECTION 2: The property commor=ly known as 8323 Nagle Avenue, Morton Grove, Illinois, is hereby granted a Special Use Permit to aflow for the construction of two radio antetmas on the existing tower located at that property subject to the following conditions: I . The proposed antenna installation be constructed :n accordance with the site plaai and elevations dated August 15, 2007; 2. That ail other codes and ordinances be met. SECTION 3: The special use is granted for so long as the occupant and users of this property utilize the area for the purposes as herein designated. SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the Special Use granted hereunder. SECTION 5: The applicant/owners and their successors and interests shall comply with all requirements of the Village of Morton Grove ordinances and cedes that are applicable. SECTION 6: This ordinance shall be in full force and effect from and zfter its passage, approval and publication in pamphlet form according to law. PASSED this 1~4Y~' day of January 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by nle this 14`h day of January 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois AYYt~II V L,Li alid rii,i;,D in iY7j% (ifiiCe t1ll5 I5`h day of January 2008. Carol P.. FritzshaIl, ViiIage CIerk Village of Morton Grove Cook County, Illinois legis\ord\2007\Plan Comm Case 07-08, 8323 Nagle, antenna ATTACHMENT "A" ~.~.~. ; PBasaacang ~camau~an~~ntaat ~aniang $~a.~d csf ELpg~aFs Tannery i4, 2008 V ii l aec Fres i dent Members of the Board o~,f Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President ICrier and Members of the Village Board: On December 7 7, 2007, a public hearing was conducted by the Morton Grove Plan Commission offer a legal notice was published in The Champion newspaper on November 29, 2007, written notification sent to property owners within 250 feet of the subject property and a sign posted on the property as required by ordinance regarding: Plan Commission Case PC07-08, wherein the applicant American Tower Corporation, 1101 Perimeter Drive, Suite 700, Schaumburg, Illinois 60173 requested a Special Use Permit to const»ct an installation of two radio antennas on the existing tower at 8323 Nagle Avenue. Ms. Bonnie Jacobson, Plainer, introduced the case for the Village. She noted that although this is another set of small antennas for the existing tower, these antennas are radio antennas for the broadcasting of contemporary Christian music The transmission equipa:ent will be stored in dae adjacent building. None of the staff had comments or concerns regarding this case. Ms. Jacobson also noted that the site had been cleaned up, per discussion, regarding the Iast antenna approval for the site.. Ms. Mel Motley from American Tower Corporation represented the applicant. She concurred with Ms. Jacobson's report and was available to respond to questions from the Commission. One eoncenned party, Mr. Eric Poders, spoke regarding the subject case. He congratulated Village staff and Commissioners for encouraging the applicant to clean up the site. He was concerned, however, that the tower should he repainted. He was also concerned that the address for American Tower Corporation was the same address as the last applicant for the site (which in fact, it is not) and that American Tower Corporation should be investigated to be sure they are an T1linois licensed corporation. Ms. Motley responded that They are a licensed corporation and would provide a copy of the license if necessary. Chairman Farkas indicated this was not the Plan Commission's purview. Rega~~ding the painting of the tower, Building Commissioner Hildebrandt noted that the tower is galvanized steel and is not required to be painted. The tower was painted originally to comply with FAA regulations pursuant to iCs proximity to the Glenview Naval Air Station, which is no longer there. Thus painting the tower is not required. The Plan Commissioners questioned the applicant as to the use of the proposed antennas and the origin of the broadcast. Comnvssioner Roepenack commented that the emission output from the antennas is very low -well below FCC Standards. Richard T. Flickinger Municipal Center GI01 Capulina Avenue • Morton Grove, Illinois 60053-2485 ~ ~~ Te;: (847) 965-4100 Fax: (847) 965-4162 ~ Ms. Motley responded that she believes the broadcast originates from California and that a tower system is used both for receiving and transmitting signals. Commissioner Roepenack made a motion, which was seconded by Conv~lissioner Gabrie] to approve a Special Use Permit for a radio antenna installation on the existing microwave tower at 8323 Nagle Avenue, subject to the following conditions: 7. That the proposed antenna installation be consh'ucted ui accordance with the site plan and elevations dated 8/15!07; and 2. That all other codes and ordinances be met. The motion carried: Yes 5; No 0; Absent 2 The voting: ChairiYlall F ffi'iCdS YeS Commissioner Dorgan Absent Commissioner Gabriel Yes Convnissioner Gattorna Yes Commissioner Goyal Absent Corrnnissioner Patel Yes Conunissioner Roepenack Yes The "Findings of Face' relative to the seven standards by which a Special lise is evaluated is attached to the report. Re e fully Subluitted, onaid Far<as Chairman Con~mdev/zoning/plancon~m/pc09-0S repoa Findings of Fact Listed below are seven standards articulated in Section 12-16-4C of the ViZlaae of Mo~•ton Grove Unified Development Code upon which the Plan Conunission based iLs decision. 1. Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operatio^ of the Special Use wilt not be detrimental to or endanger the public health, safety, morals or general welfare. • The Plaz7 Conunission concluded that the public welfare would not be endangered by the proposed installation. Commissioner Roepenack commented that electromagnetic emissions are way below FCC regulations. ~ Ariinennt Drn nArtiAC .The Cnue;al j-icn gh ni~lyd nr~Et I1e 'n nrEOnS to the nco anr~ nnin•rm ant of f,......, f, ,p --,,., other property in the immediate vicinity for the uses permitted in the zoning district. The proposed antenna installation will not be injurious to the use and enjoyment of surrounding property. The property is in an industrial zoning district surrounded by industrial uses. Tl?e antennas will he mounted on an existing microwave tower and. will be barely visible. The equipment will be in an adjacent existing building. 3. Orderly Development - The establishment of the Special Use will not impede normal and orderly development or impede the utilizatio^ of surrounding property for uses permitted in the zoning district. The proposed installation is on an existing tower in an existing built-out industrial area that is not planned for redevelopment. Thus, orderly development is not impeded. 4, Adequate Faci3N:ies -Adequate ^titities, access roads, drainage and other necessary facilities are in existence nr are being provided. The proposed Special Use is on an existing tower where adequate facilities are ah'eady present. 5. 'Fraf6c Contrpl -- Adegnafe measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact. 6. Adequate Suffering -Adequate fencing and/or scereening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visuatly incompatible uses. No landscaping or screening is necessary since the equipment is stored in an adjacent building. 7. Conformance to Other Regulations - T'he Special Use shall, in ail other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. • The proposed installation will be required to adhere to all pertinent Village codes and ordinaz~ces. ComdevAzonii~g\piencon~Apc07-OS findings of fact Legislative Summary Ordinance 08-03 AN ORDINANCE GRANTING A SPECIAL USE AMENDMENT IN THE VILLAGE OF MORTON GROVE FOR THE PROPERTY LOCATED AT 6415 DEMPSTER STREET, 6421-6457 DEMPSTER STREET, AND 8717 LINCOLN AVENUE, TO EXTEND A TIME EXTENSION TO COMMENCE AND PROCEED WITH CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT 6ntroduMi«n: Synopsis: Purpose: °a^.kground: Programs, Departments or Groups Affected Fiscal Impact; Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: January 14, 2008 This ordinance will allow an amendment to the Special Use Permit approving a planned unit deve cpm.,,t frr tl:IS $Ite t0 alto::' fer a ,.me extergjen fnr rho progressior. of, .,.s±n cron. An extension of time is needed as the project stalled due tc lack of financing znd z change in management. The Village granted a Special Use f r this property pursuant to Ordinance OS-48 for the construction of two mixed unit development buildings consisting of 13, i 15 square feet of retail space, 54 condominiums, and 21 townhome units. The Special Use Permit was amended on September 11, 2006, pursuant to Ordinance 06-31 to make minor changes to the site plan. The Unified Development Code requires construction of a planned unit development begin within twelve months after passage of the authorizing ordinance and the construction to proceed in accordance with a submitted phasing plan and construction schedule. Construction on this project was delayed due to management and financing concerns. The general contractor for the site has assured the Village when financing has been secured construction will progress pursuant to an appropriate construction schedule. The Plan Commission held a public hearing on December 17, 2007, at which time members of the public were given notice and a right to be heard. The Plan Commission unanimously recommended the Board grant an extension of the construction schedule for this project. Building Department, Village Engineer, Village Planner N!A N/A The Village inspections of this development will be handled by the Building Department and the Village Engineer as part of their normal workload. Approval January 14, 2008 The applicant has requested. this ordinance be adopted at its first reading, since proof of passage of this ordinance is necessary for the developer to secure their financing for this project. Respectfully submitted: Q*~.2~T~t Gfi, G~~ Prepared. by _ nse r F.~ illage Administrator Teresa Reviewed b '~ ~ ~" Ed ildebrandt, Building Comnrissioner Corporation Counsel Ordinance 08-03 AN ORDINANCE GRANTING A SPECIAL USE AMENDMENT IN THE VILLAGE OF MORTON GROVE FOR THE PROPERTY LOCATED AT 6415 DEMPSTER STREET, 6421- 6457 DEMPSTER STREET, AND 8717 LINCOLN AVENUE, TO EXTEND A TIME EXTENSION TO COMMENCE AND PROCEED WITH CONSTRUCTION OF A PLAN'N'ED I;NIT DEVELOPMENT WHEREAS, the Village of Morton Grove, located iri Cook County, Illinois, is a Home Rule unit of govemment and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such 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, Morton Grove DL, LLC, 6300 Lincoln Avenue, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 07-10, requesting an amendment to the Special Use Permit for a planned unit development to allow a time extension for the progression of construction; and WHEREAS, Morton Grove DL, LLC, previously was granted a Special Use for a planned unit development at said site pursuant to Ordinance OS-48 for the development and construction of two mixed unit buildings consisting of 13,115 square feet of retail space, 54 condominiums, and 21 towuhomes; and WHEREAS, pursuant Ordinance 06-31, approved on September 11, 2006, the Special Use Permit was amended in order to make minor changes to the site plan; and WHEREAS, pursuant to Section 12-6-7 of the Village of Morton Grove Unified Development Code, construction of a development under a planned unit development permit shall commence within twelve months from the date of passage of the authorizing ordinance and shall proceed to completion in accordance with the submitted phasing plan and construction schedule. If no substantial development construction has begun or progressed in accordance with the time permitted by the ordinance and stated in the approved development and construction schedule, then a planned unit development shall lapse unless the Village Board of Trustees extends the time either for the commencement of construction or the progression of construction; and WHEREAS, the applicant has shown the delay in construction was due to management and financing concenvs and deemed by the Corporate Authorities to be for a good cause shown; and WHEREAS, the property is zoned in the C-1 conmlercial district pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the applicable provisions of the Unifted Development Code upon proper notice duly published in the Morton Grove Champion newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on November 29, 2007, and pursuant to the posting of a sign on the subject property, and upon written notification sent to property owners within 250 feet of the subject property, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on December 17, 2007, at which time all concerned parties v~ere given the opportuni±y to ??~ present and exprPSS their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated January 14, 2008, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unifzed DevelopnzenC Code, the proposed amendment to the Special Use and extension of time for the construction of the planned unit development is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the amendment, as applied shall be subject to the conditions and restrictions as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The properties located at 6415 Dempster Street, 6421-57 Dempster Street, and 87 i7 Lincoln Avenue are hereby granted an amendment to the Special Use Permit previously granted to it pursuant to Ordinance 05-48 and as amended pursuant to Ordinance 06-31 to allow for an extension of time for the commencement and progression of the construction of the development subject to the following conditions and restrictions which shall be binding upon the owners, lessees, and occupants and users of this property, their successors and assigns: l . The time extension be based on the proposed construction schedule (the construction schedule) submitted by the applicant to the Village of Morton Grove Building Department dated November 29, 2007. Pursuant to this construction schedule, the entire project shall he substantially complete by no later than August 2010. 2. The applicant shall notify the Building Commissioner immediately as to any approval or denial of financing for this project. 3. The applicant shall immediately notify the Building Commissioner of any change to the make- up of the applicant or any change of general contractor. 4. In the event financing has not been approved by Apri130, 2008, this ordinance and this exensoii are 3tibjcct to fiiiilier reVieW, iiiuuifieatioii ai7Ciivr revocation. 5. At the request of the applicant, the Building Commissioner may approve minor modifications to the construction schedule and or minor extensions to the completion date for good cause shown with the concurrence of the Village Administrator, and Corporation Counsel. Such modifications or extensions shall not be urseasonahly withheld due to acts of God or other unforeseen circumstances. Normal weather conditions and normal market conditions and changes shall not be considered an "unforeseen circumstance". 6. In the event the entire project is not substantially completed on or before the completion date (as modified or extended as provided in Paragraph 5), the applicant or its successor in interest shall, pay the Village a penalty for excessive disruption to the Village of $500.00 per day until the entire project is substantially complete. This penalty is in addition to any other remedies available to the Village. 7. The entire project shall be deemed substantially completed when a Certificate of Occupancy has been issued for all buildings on the site. 8. All other conditions and requirements of Ordinances OS-48 and 06-31 remain in full force and effect. SECTION 3: The owners, lessees, occupants of 6415 Dempster Street, 6421-57 Dempster Street, and 8717 Lincoln Avenue, their successors and assigns shall allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of the special use permit have been met. SECTION 4: This special use is granted for so long as the occupants and users of this property utilize the area for the purposes designated herein. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and. designate the special use as granted hereunder. SECTION 6: The Applicant/Owner shall comply with all applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and. pub&eation in pamphlet form according to law. PASSED this 14`x' day of January 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann APPROVED by me this 14`x' day of January 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15`~ day of January 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois V HAdm in\Legi s\Ord\2008\pc07- I 0 ATTACHMENT "A" January 14, 2008 _ n-. .,. .,. ag~...,»~..,.. Meiabers of the Board of Trustees 6101 Capulina Avenue Morton Grove, 111inois 60053 ~° ~. ~e~aa$~a~ l~a~r~ e~f ~.~~~~~ Dear President Krier and Members of the Village Board: On December 17, 2007, a public hearing was conducted by the Morton Grove Plan Convnission after a legal notice was published in The Champion newspaper on November 29, 2007, written notification sent to property owners within 250 feet of the subject property and a sign posted on the prope~Ky as required by ordinance regarding: Plan Connnissian Case PC07-10, wherein the applicant Morton Grove DL, LLC; 5300 Lincoln Avenue, 'Morton Grove, Illinois C>0053 requested an Amendment to P.U.D. Ordinance 06-31 to allow for a time extension for the progression of construction of the P.U.D. located at 6415 Dempster, 6421-57 Dempster Street and 8777 Lincoln Avenue. Ms. Boimie Jacobson, Plamler, summarized the case for the Village. She explained that the project had not changed, but because a building permit was not issued within one year of the P.U.D. approval, the P.U.D. apliroved technically expired. Further, because the bank had issued a foreclosure notice, the project was not progressing towards completion. The applicant is requesting a time extension, and has submitted a new construction schedule so they can move forward with the project and obtain the necessary financing. The only staff comments related to adding "Builditg A" in the conshvetion schedule and some issues with the Community and Economic Development Director, which were resolved prior to the hearing. Mr. Guy Cm~amins of Prin-Mar Cotp. represented the applicant. He indicated that many of the issues as to wlsy the project was not moving towards completion were due to previous management. Mo~~ton Grove DL, LLC has reorganized, appointed a new manager and he is helping them obtain the fnaneing so that the project can move ahead. However, he needs the Special Use approval in order to obtain the financing. The Commissioners questioned the timing of the proposed construction schedule and if adherence to t:he schedule could be assured. Mr. Cummins was confident that the project would be built according to schedule; he has significant experience in doing this type of work and has worked efficiently thus far on this project. There were no interested or concerned parties who spoke regarding the case. i2ichard T. Flickinger Municipal Center 610] Capu)ina Avenue ^ Morton Grove, Illinois 60053-2985 ~c~ . I'el: (847) 965-4100 Fax: ~847j 96.5-4162 ~ ~`= ;;~~-uarrr.;;cr A motion was made by Commissioner Gabriel and seconded by Commissioner fate] to approve the amendn:enC to 1~e P.U.'D. to allow for the extension of time for progression of construction of the P.U.D. at 6415 Dempster, 6421-57 Dempster and 8717 Lincoln Avenue subject to the Pol1owing conditions: I. That the time extension be allowed based on the proposed construction schedule dated 11/29/07; a,~ d 2. That all other co~~ditions of P.U.D. Ordinance OS-48 and 0631 remain in full force and effect. The motion carried: Yes 5; No C; Absent Z i he ~,ot,;,g: Chairman Farkas `s'cs Commissioner Dorgan Absent Commissioner Gabriel Yes _ Commissioner Gattorna Yes Commissioner Goyal Absent Commissioner Pafe] Yes Coanmissioner I2oepenacl; Yes The Ylan Commissioners unanimously concun~ed that the amendment did not alter the "Findings of Face' for the original P.U.D. ~}~ect idly Si i[fed;-/~ - `> onald Parkas Chairman Commdev/zoning/plancomm/pc07-I O report Legislative Summary Ordinance 08-04 ESTABLISHING TITLE 4, CHAPTER 17G ENTITLED SELF-STORAGE FACILITY ACCOMMODATIONS TAX IN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Spacial Considerations or Requirements: Respectfully submitted: January 14, 2008 This ordinance will establish aself-storage facility acec;r~mcdaticr~ tax within the Village of Morton Grove. In order to raise additional revenue to support all municipal services within. i:l`ie Viii3ge of 1i10iton GYOVe t0 cover the COSt for iTtili2letpal s.°,r`/tCes repnlred by self-storage facilities, this ordinance will impose a tax of five percent (5%) of the gross rental or leasing charges ofself-storage facility accommodations. The Village is a home rule community and has the authority to impose taxes on goods, services or accommodations within the Village of Morton Grove. With the assistance of Special Counsel, Village staff has proposed the Board adopt aself-storage facility accommodation tax at five percent (5%) of the gross rental or leasing charges of separately divided storage rows offered for lease or rent to members of the public for storage. of personal piroperty. Finance Department. 'T'his tax is projected to generate $50,000 in General Fund Revenue. The tax will be borne by the lessees or tenants of said storage facility and shall be collected by the owners, operators, or managers of said facilities. The management of the program is performed by the Finance Department as part of their normal work activities. Approval as presented January 14, 2008, Required None Village Admin Prepared by: ~~'"r" ~ ~ r"~-~_ Reviewed Teresa Hoffman , st n, Corporation Counsel Partipilo, ~rdmance 08-04 AN ORDINANCE ESTABLISHING TITLE 4, CHAPTER 17G ENTITLED SELF~STORAGE FACILITY ACCOMMODATIONS TAX IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising the Municipal Code, as necessary, to insure all provisions of the document remain compliant with contemporary statutes and relevant to current operations; and WHEREAS, in exercise of its home-rule authority, the Village, through its President and Board of Trustees, has found and determined that, in order to raise additional revenue to assist in covering the cost for increased use of municipal services required by certain storage facilities, the establishment of a tax on a charge or fee for self-storage facility accommodations within the Village is in the best interest of the public health, safety, and welfare of its citizens; acid WHEREAS, at the direction of the Village President, Village staff has undertaken the review and development of a new Title 4, Chapter 17G to be incorporated into the Municipal Code of the Village of Morton Grove entitled Self-Storage Facility Accommodations Tar. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing Whereas clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village of Morton Grove Code Municipal Code is hereby amended by the addition of a new Title 4, Chapter 17G to be entitled Self-Storage Facility Accommodario~zs Tax which shall read as follows: CHAPTER4 SERVICES BUSINESS ARTICLE B: SELF-STORAGE FACILITY ACCOMMODATIONS TAX SECTION: 4-17G-1: Self-Storage Facility Accommodations Tax Imposed a_17G_ rvrniricn cf Seif-StorartA Facii;n, 4-17G-3: Tax to be Borne by Tenant 4-17G-4: Self-Storage Facility to Secure "T°ax from Tenant 4-17G-5: Records to be Kept 4-17G-6: Enforcement/License Suspension/Revocation 4-17G-7: Penalties 4-17G-]: SELF-STORAGE FACILITY ACCOMMODATIONS TAX IMPOSED: There is imposed hereby and shall accrue immediately and be collected a tax, as herein provided, upon the rental or leasing of any self-storage facility accommodations in the Village of Morton Grove, at the rate of five percent (5%) of the gross rental or leasing charge. This tax shall be in addition to any and all other taxes. 4-17G-2: DEFINITION OF SELF-STORAGE FACILITY: A building or structure containing separately divided storage rooms offered for lease or rent to members of the general public for the storage of personal property. 4-17G-3: TAX TO BE BORNE BY TENANT: The ultimate incidence of and liability for payment of said tax shall be borne by the lessee or tenant of any such self-storage facility accommodations. Nothing herein shall be construed to impose a tax upon the occupation of leasing or operating self-storage facilities.. Each operator of aself-storage facility shall have the duty to collect the self-storage facility accommodation tax from each lessee and to pay it over to the Village along with an accounting therefore on the return forms provided by the Village. The return and the tax shall be filed with the Director of Finance/Treasurer on the same filing dates as are established for filing with the Illinois Department of Revenue of the Retailer's Occupation Tax Return Form STl or a subsequently required form. It shall be unlawful for any owner, manager or operator ofself-storage facility accommodations to fail to cause said tax to be collected from the lessee or tenant of said self- storage facility accommodations or to fail to file any tax return required by this ordinance, or cause said tax to be paid over to the Director of Finance/Treasurer under rules and regulations prescribed by the Director of Finairce/Treasurer and as otherwise provided for in this Article. 4-17G-4: SELF-STORAGE FACILITY TO SECURE TAX FROM TENANT: The tax herein levied shall be collected by the self-storage facility owner, manager or operator from the lessee or tenant when collecting the price, charge or rent to which it applies. Every lessee or tenant shall be given a bill, invoice, receipt, or other statement or memorandum of the price, charge or rent payable upon which the self=storage facility accommodations tax shall be stated, charged and shown separately. The self-storage facility accommodations tax shall be paid to the Director of Finance/Treasurer as trustee thereof for and on behalf of the Village. 4-17G-5: RECORDS TO BE KEPT: Every owner, manager, or operator of a seylf-storage .o .i 1't... the :iiliarra Fnt eter ;z~jtn ilia ~J9li +Gr. f i fQPFjjC iir fjyided VV the ijircCiCsr of Finance/Treasurer. Each such owner, manager, or operator shall have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for the lease of any seir""-storage facility accommodations within the Village of Morton Grove and showing the prices, Yents or charges made or charged, and. occupancies taxable under this self-storage facility accommodations tax. The Director of Finance/Treasurer, or his/her designee, shall at all reasonable times have £uli access to said books and records. 4-17G-6: ENFORCEMENT/LICENSE SUSPENSION/REVOCATION: A. Any self-storage facility who fails to timely pay all taxes due pursuant to this article shall also pay a penalty equal to five percent (5%) of any such unpaid tax and shall pay interest on any past due balance at the rate of one percent (1%) per month. Any self-storage facility who fails to timely file a tax return required pursuant to this article shall also pay a penalty equal to five percent (5%) of any tax due during the period covered by the return. B. The failure to comp]y with any obligation imposed by this article shall also be grounds for the suspension or revocation of any license or permit issued to the self=storage facility or wit'r respect to the self-storage facility pursuant to the procedure set forth in Section 4-17G-5 of this title. 4-17G-7: PENALTIES: Any person found guihy of violating any provision of this article may, in addition to any tax or penalty due, be assessed a fine of not less than seventy-five dollars ($75.00) and not more than seven hundred fifty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations fox violations of this article shall be adjudicated by the Village's Administrative Adjudication Hearing Officer, or at the choice of the Village of Morton Grove, by any court of competent jurisdiction. SECTION 3: The teens and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid. or unenforceable for any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SECTION 4: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions by only to the extent of such conflict. SECTION 5: This ordinance shall be in full force and effect on February 1, 2008, provided it has been adopted, approved and published as provided by law. PASSED this 14"' day of January 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14`" day of January 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15t" day of January 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislord12007~self storage facility accommodations tax Legislative Summary Resoluteon 08-02 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH CIORBA GROUP, INC. FOR THE WAL'KEGAN ROAD LIGHTING IMPROVEMENT PROJECT Introduced: January 14, 2008 Synopsis: To authorize the Village President to execute a "Preliminary Engineering Services Agreement For Federal Participation" with Ciorba Group, Inc. for the Waukegan Road Lighting [mprovement Project. Purpose: To develop detailed engineering plans for lighting improvements along Waukegan Road from Dempster Street to Main Street. Aackground: Waukegan Road from Main Street to Dempster Street was identified as an area. in need of additional lighting for vehicle and pedestrian safety. Tile Village applied for and received funding for engineering and construction in the amount of $335,700 for this project through the federally fmided Highway Safety Improvement Program. The agreement with Ciorba Group is to develop the detailed engineering plans for this project. Ciorba Group was selected through a qualification based selection process for the Village's task order contract. Programs, Departments Program -Waukegan Road Lighting Improvement Program or Groups Affected Department -Public Works Department Groups -Property owners, pedestrians and motorists on Waukegan. Road Fiscal Impact: Total Estimated Project Cost: $373,000 (Federal: $335,700, Village: $37,300) Engineering: $ 29,985 (Federal: $ 26,986, Village: $ 2,999) Source of Funds: Capital Project Fund Workload Impact: The Public Works Department performs the management and implementation of the program as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: F~C/9 ~ ~r,~'z~ Jose F. ade, Village Administrator (~\ ~ ~ Prepared by: .~ .~ ~~ i Reviewed by: Rya C. GillingUam, Villa ;/ngineer Teresa Y~ ~~_ Liston, Corporation Counsel ups®Tut~®n as-oz AUTHORIZATION TO EXECUTE AN AGREEMENT WITH CIORBA GROUP, INC. FOR THE WAUKEGAN ROAD LIGHTING IMPROVEMENT PROJECT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village desires to improve lighting on Waukegan Road from Dempster Street to Main Street to improve vehicle and pedestrian safety; and WHEREAS, the Village applied for and received funding for engineering and construction in the amount of $335,700 for this project through the federally fwrded Highway Safety Improvement Program; and WHEREAS, cost sharing for this project is 90% Federal and 10% Village funds as indicated below: Total Project Cost Federal Village $373,000 $335,700 $37,300 and WHEREAS, the above costs include funding for the engineering necessary to complete the plans, specifications, and. estimates for the project in the amount of $29,985; and WHEREAS, the agreement with Ciorba Group is to develop the detailed engineering plans for this project; and WHEREAS, approval of the attached "Preliminary Engineering Services Agreement For Federal Participation (Attachment 1)" is required in order for the Village to receive reimbursement with federal funds for engineering services and enter into a contract with Ciorba Group; Inc. for this work; and WHEREAS, the cost sharing agreement for the engineering portion of the Waukegan Road Lighting Improvement Project is as follows: Total Cost Federal Village $29,985 $26,986 $2,999 WHEREAS, Ciorba Group, Inc. was selected as the engineering consultant through a request for qualifications process and has performed satisfactorily on past projects; and WHEREAS, funding for this project is included in the 2008 Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the Preliminary Engineering Services Agreement For Federal Participation for the Waukegan Road Lighting Improvement Project. SECTION 3: The Village Administrator and Village Engineer and/or their designees are hereby authorized to take any and all steps necessary to implement and administer said agreement. c ^!'~TT: iT./A. '^L ..i..;,, n___t.. L.-tF i~_.'-r.,}t r.-,, ., ~. __1 _n{~_ t_ _ 'ice 5~_._.- r~~ .~i:~. t tvi~ -r. i iia~ dui i~c5ututIOi1 Jllttlt tic iii lull iiii vv aiiia i:iii,C~ upUii i passage ai.C: appre.u.. PASSED this 14`h day of January 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmami Trustee Thill APPROVED by me this 14`h day of January 200$. Richard Krier, Village President Village of Morton Grove Cook Cormty, Illinois APPROVED and FILED in my office this 15a' day of January 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Loco! Agency 11Clnois Department Consultant e of Morion Grove Vill ~ 0 of ''iransportatton C Ciorba Grou Inc. a County k C C 0 N Address 5507 N. Cumberland Ave Suite 402 oo A Section ~ $ Cih' _ _ I hi o _ - lJ Project No. A Preliminary Engineering L State reement S i A Illinois - G erv ces g ? Z C d Job No. 11 E FOr A e ip o 606+6 - - 1- Contact NamelPnonelE-mail Address N Federal Participation N Contact NamelPhonelE-mail Address Ryan Gillingham, P.E. C ? Gerald W. Heimsoth (847)420-5235 Y (773)775-4009 aheim=_oth(¢ciorba.cem _ _ THIS AGREEMENT is made and entered into this day of between the above Local Agency (LA) and Consultant (ENGINEER) and covers certain professional engineering services in connection with the PROJECT. Federal-aid funds allotted to the LA by 4he state of Illinois under the general supervision of the Illinois Department of Transportation (STATE) will be used entirely or in part to finance engineering services as described under AGREEMENT PROVISIONS. Project Description Name Waukegan Road (IL Route 43) Route 2770 Length 2000' Structure No. N/A Termini Main Street to Dempster Street Description Street Lighting. HSIPfunding. Provisions I. TNEENGINEERAGREES, 1. To perform or be responsible for the performance, in accordance with STATE approved design standards and policies, of engineering services for the LP, for the proposed improvement herein described. 2. To attend any and all meetings and visit the stte of the proposed improvement at any reasonable time when requested by representatives of the LA or STATE. 3. To complete the services herein described within 120 calendar days from the date of the Notice to Proceed from the LA, excluding from consideration periods of delay caused by circumstances beyond the control of the ENGINEER. 4. The class cations of the employees used in the work should be wnsistent with the employee classifications and estimated man- hours shown in EXHIBIT A. Ifhigher-salaried personnel of the firm, including the Principal Engineer, perform services that are indicated in Exhibit A to be performed by lesser-salaried personnel, the wage rate billed for such services shall be commensurate with the payroll rate for the work performed. 5. That the ENGINEER is qualified technically and is entirely conversant with 4he design standards and policies applicable for the PROJECT; and that the ENGINEER has sufficient properly trained, organized and experienced personnel to perform the services enumerated herein. 6. That the ENGINEER shall be responsible for the accuracy of the work and shall promptly make necessary revisions or corrections resulting from the ENGINEER'S errors, omissions or negligent acts without additional compensation. Acceptance of work by the STATE will not relieve the ENGINEER of the responsibility to make subsequent correction of any such eerocs or omissions ar for clamcation of any ambiguities. 7. That all plans and other documents furnished by the ENGINEER pursuant to this AGREEMENT will be endorsed by the ENGINEER and will affix the ENGINEER'S professional seal when such seal is required by law. Plans for structures to be built as a part of the improvement will be prepared under the supervision of a registered structural engineer and will affx structural engineer seal when such seal is required by law. If will be the ENGINEER'S responsibility to affix the proper seal as required by the Bureau of Local Roads and Streets manual published by the STATE. 8. That the ENGINEER will comply with applicable federal statutes, state of Illinois statutes, and local laws or ordinances of the LA. Page 1 of 7 8LR 05610 (Rev. 9/06) Printed on 12!7/2007 4:36:D8 PM g. The undersigned certifies neither the ENGINEER nor I have: a. employed or retained for commission, percentage, brokerage, contingent fee or other considerations, any firm or person (other than a bona fide employee working solely for me or the above ENGINEER) to solicit or secure this AGREEMENT, b. agreed, as an express or implied condition for obtaining this AGREEMENT, to employ or retain the services of any firm or person in connection with carrying out the AGREEMENT or c. paid, or agreed to pay any firm, organization or person (other than a bona fide employee working solely for me or the above ENGINEER) any fee, contribution, donation or consideration of any kind for, or in connection with, procuring or carrying out the AGREEMENT. d. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency, e. have not within athree-year period preceding the AGREEMENT been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain or performing a public {Federal, State or local) transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property, f. are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in peragrapii (e) and g, have not within athree-year period preceding this AGREEMENT had one or more public transactions (Federal, State or Local) terminated for cause ar default. 10. To pay its subconsultants for satisfactory performance no later than 30 days from receipt of each payment from the LA. ? 1. To submit all invoices to the LA within one year of the completion of the work called for in this AGREEMENT or any subsequent Amendment or Supplement. 12. To submit BLR 05613, Engineering Payment Report, to the STATE upon completion of the project (Exhibit B). 13. Scope of Services to be provided by the ENGINEER: ® Make such detailed surveys as are necessary for the planning and design of the PROJECT. ^ Make stream and flood plain hydraulic surveys and gather both existing bridge upstream and downstream high water data and flood flow histories. ^ Prepare applications for U.S. Army Corps of Engineers Permit, Illinois Department of Natural Resources Office of W ater Resources Permit and Illinois Environmental Protection Agency Section 404 Water Quality Certification. ^ Design and/or approve cofferdams and superstructure shop drawings. ^ Prepare Bridge Condition Report and Preliminary Bridge Design and Hydraulic Report, (including economic analysis of bridge or culvert types and high water effects on roadway overflows and bridge approaches). ^ Prepare the necessary environmental and planning documents including the Project Development Report, Environmental Class of Action Determination or Environmental Assessment, State Clearinghouse, Substate Cleadnghouse and all necessary environmental clearances. ^ Make such soil surveys or subsurface investigations including borings and soil profiles as may be required to fumish sufficient data for the design of the proposed improvement. Such investigations to be made in accordance wrth the current Standard Specifications for Road and Bddge Construction, Bureau of Local Reads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE. ^ Analyze and evaluate the soil surveys and structure borings to determine the roadway structural design and bridge foundation. ^ Prepare preliminary roadway and drainage structure p4ans and meet with representatives of the LA and STATE at the site of the improvement for review of plans prior to the establishment of final vertical and horizontal alignment, location and size of drainage structures, and compliance with applicable design requirements and policies. ^ Make or cause io be made such traffic studies and counts and special interseofion studies as may be required to fumish sufFcient data for the design of the proposed improvement. ® Complete the general and detailed plans, special provisions and estimate of cost. Contract plans shall be prepared in accordance with the guidelines contained in the Bureau of Local Roads and Streets manual. The special provisions and detailed estimate of cost shall be furnished in quadruplicate. ^ Furnish the LA with survey and drafts in quadruplicate ail necessary right-of-way dedications, construction easements and borow pit and channel change agreements including prints of the corresponding plats and staking as required. Page 2 of 7 BLR 05610 (Rev. 9106) Pdntetl on 12/7/2007 4:36:08 PM II. THE LA AGREES, 1. To furnish the ENGINEER all presently available survey data and information 2. To pay the ENGINEER as compensation for ail services rendered in accordance with this AGREEMENT, on the basis of the following compensation formulas: Cost Plus Fixed Fee ®CPFF = 14.5%[pL + R(DL} + OH(DL) +IHDC], or ^ CPFF = 14.5%[pL + R(DL) + 1.4(DL) +IHDC], or ^ CPFF = 14.5%[(2.3 + R)DL+IHDC] Where: DL =Direct Labor IHDC = In Hause Direct Costs OH = Consulkant Firm's Actual Overhead Factor R =Complexity Factor Specific Rate u (Pay per element) Lump Sum ^ 3. To pay the ENGINEER using one of the following methods as required by 49 CFR part 26 and 605 ILCS 515-409: ^ With Retainage a} For the first 50% of completed work, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shall be due and payable to the ENGINEER, such payments to be equal to 90% of the value of the partially completed work minus ail previous partial payments made to the ENGINEER. b) After 50% of the work is completed, and upon receipt of monthly invoices from the ENGINEER and the approval thereof by the LA, monthly payments covering work performed shall be due and payable to the ENGINEER, such payments to be equal to 95% of the value of the partially completed work minus ail previous partial payments made to the ENGINEER. c) Final Payment -Upon approval of the work by the LA but not laier than 60 days after the wodc is completed and reports have been made and accepted by the LA and the STATE, a sum of money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. ® Without Retainage a) For progressive payments -Upon receipt of monthly invokes from the ENGINEER and the approval thereof by the LA, monthly payments for the work performed shalt be due and payable to the ENGINEER, such payments to be equal to the value of the partially completed work minus all previous partial payments made ko the ENGINEER. b) Final Payment -Upon approval of the work by the LA but not later than 60 days after the work is completed and reports have been made and accepted by the LA and STATE, a sum o money equal to the basic fee as determined in this AGREEMENT less the total of the amounts of partial payments previously paid to the ENGINEER shall be due and payable to the ENGINEER. 4. The recipient shall not discriminate on the basis on the basis of race, color, national origin or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT- assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. implementation of this program is a legal obligation and failure to carry out Its terms shalt be treated as violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). III. 11' IS MUTALLY AGREED, 1. That no work shall be commenced by the ENGINEER prior to issuance by the LA of a written Notice to Proceed. 2. That tracings, plans, specifications, estimates, maps and other documents prepared by the ENGINEER in accordance with This AGREEMENT shall be delivered to and become the property of 4he LA and that basic survey notes, sketches, charts and other data prepared or obtained in accordance with this AGREEMENT shall be made available, upon request, b the LA or to the STATE, without restriction or limitation as to their use. Page 3 of 7 BLR 056'10 (Rev. 9106D Printed on 121712007 4:36:08 PM 3. That all reports, plans, estimates and special provisions furnished by the ENGINEER shall be in accordance with the current Standard Specifcations for Road and Bridge Construction, Bureau of Local Roads and Streets Administrative Policies, Federal-Aid Procedures for Local Highway Improvements or any other applicable requirements of the STATE, it being understood that all such furnished documents shall be approved by the LA and the STATE before final acceptance. During the performance of the engineering services herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents herein enumerated while they are in the ENGINEER's possession and any such loss or damage shall be restored at the ENGINEER'S expense. 4. That none of the services to be furnished by the ENGINEER shall be sublet, assigned or transferred to any other party or parties without written consent of the LA. The consent to sublet, assignor otherwise transfer any portion of the services to be furnished by the ENGINEER shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of this agreement. 5, To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of al! disbursements of funds passing in conjunction with the contract; the contract and a!I books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shalt establish a presumption in favor of the STATE for the reiiwery of arry fw.ds peed by the S T A T E under the confract for which adequate books, records and supporting documentation are not available to support their purported disbilrsemenE. 6. The payment by the LA in accordance with numbered paragraph 3 of Section II will be considered payment in full for all services rendered in accordance with this AGREEMENT whether or not they be actually enumerated in this AGREEMENT. 7. That the ENGINEER shall be responsible for any and all damages to property or persons arising out of an error, omission andlor negligent act in the prosecution of the ENGINEER'S work and shall Indemnify and save harmless the LA, the STATE, and their officers, agents and employees from a!I sups, claims, actions or damages of any nature whatsoever resulting there from. These indemnities shall not be limited by the listing of any insurance policy. 8. This AGREEMENT may be terminated by the LA upon giving notice in writing to the ENGINEER at the ENGINEER'S last known post office address. Upon such termination, the ENGINEER shall cause to be delivered to the LA all drawings, plats, surveys, reports, permits, agreements, soils and foundation analysis, provisions, specifications, partial and completed estimates and data, if any from soil survey and subsurface investigation with the understanding that all such material becomes the property of the LA. The (A will be responsible for reimbursement of all eligible expenses to date of the written notice of termination. 9. This certification is required by the Drug Free Workplace Act (3DILCS 580). The Drug Free Workplace Act requires that no grantee or contractor shall receive a grant or be considered for the purpose of being awarded a contract for the procurement of any property or service from the State unless that grantee or contractor will provide a drug free workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract or grant payments, termination of a contract or grant and debarment of the contracting or grant opportunities with the State for at least one (1) year but no more than five (5) years. For the purpose of this certification, "grantee" or "contractor means a corporation, partnership or other entity with twenty-five (25) or more employees at the time of issuing the grant, or a department, division or other unit thereof, directly responsible for the speck performance under a contract or grant of $5,000 or more from the State, as defined in the Act. The contractorlgrantee certifies and agrees that it will provide a drug free workplace by: a. Publishing a statement: (1) Notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, including cannabis, is prohibited in the grantee's or contractor's workplace. (2) Specifying the actions that will be taken against employees for violations of such prohibition. (3) Notifying the employee that, as a condition of employment on such contract or grant, the employee will: (a) abide by the terms of the statement; and (b) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. b. Establishing a drug free awareness program to inform employees about: (t) The dangers of drug abuse in the workplace; (2) The grantee's or contractor's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation and employee assistance program; and (4) The penalties that may be imposed upon an employee for drug violations. c. Providing a copy of the statement required by subparagraph (a) to each employee engaged in the performance of the contractor grant and to post the statement in a prominent place in the workplace. d. Notfying the contracting or granting agency within ten (10) days after receiving notice under part (B) of paragraph (3) of subsection (a) above from an employee or otherwise receiving actual notice of such conviction. e. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, f. Assisting employees in selecting a course of action in the event drug counseling, treatment and rehabilitation is required and indicating 4hat a trained referral team is in place. g. Making a good faith effort to continue to maintain a drug free workplace through implementation of the Drug Free Workplace Act. Page 4 of 7 BLR 05610 (Rev. 9706) Printed on 12!7/2007 4:36:08 PM 10. The ENGINEER or subconsultant shaft not discriminate on the basis of race, color, national origin or sex in the performance of this AGREEMENT. The ENGINEER shall carry out applicable requirements of 49 CFR part 26 in the administration of DOT assisted contracts. Failure by the ENGINEER to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the LP. deems appropriate. Agreement Summary I Sub-Consuttanis: TIN Number A reement Amount i N/A ~ Sub-Consultant Totab - Prime Consultant Total: $29,984.74 Total for all Work: $29,984.74 Executed by the LA: ATTEST: By: carol A. Pritzshall, 1ti11Clerk (SEAL) Village of Morton Grove (Munkipafltylrownship/COUnty) By: Title: Richard Y.rier, Pillage President Executed by the ENGINEER: ATTEST: By: Title: V'~e ~~PSrPO/I~_ Page 5 of 7 Printetl on 12/7/2007 4:36:08 PM BLR 05610 (Rev. 9/O6) O o ~ ~_ L p~ 3 c ~ ~ CP ~ O Q ~ CO ~ O N aN ~ ~ O r ~ c S `.-' v c O c ~ ~ m w ~ 1 U W FY ~ o R O ~ ~X ~ W N ~ ~ ~ C . . Ear >om :'~ ODU N ~ c O U U $ O h o ~ F- o~~'oo o' c~co m `~ Y ~ g O m `O ~I T U m 0 M W O C fU to ~ Q ~ V z ~~ Boa ~°~ cna ° U U _~ + + ~ p U 2v_ O .= - + ^+ J ~_ ~_ ~ ~ ~ ~ + t M ~~ ~ O N a a o 10 to t0 P ®~~~^ c 0 r N M N N N (U C y N N tU (L W Il ~ a~Oi a-Oi m o x x x d U ii i~iL m E O > > ~ ~ ~ V o d a a w a m o 0 o a~ ~ U UUr/~ ~ 1~ O O N n M O O N N r R C O ~ ~ ~ ~ M O O O N N O O m M ~ U') O of ff (P .- I~ ~- n 0 ~`: V O ~ O ~. t%J a a 47 N V CO M (D O M O ~- O O O fD to F- O ~ W O CD M I`: N O N N .~ O N to (`] O CO ! ~ ~ ~ N N O N N M M N Eg~ Efl~ ffl Efl FA ffl ~ EA E9 fH b} Cg 69 ER Efl vi .u d' O O N N N f~ ~ O fQD m O [t ~ N ~~T t~ O n 0. C r M I~ O O O f0 M ~O !V' W r ~ N M ~ CO ~ ~ N O f0 CO 47 1 O N CD N (O '' ~ 1~ 69 69 CO Efi N ER Imo- V? Hi N (fl N 64 N Eli ~i~ EA O EA N 64 V3 !mot' fA ~ ~ ~ N m p In t17 RUp O N o M = v = An o o o " o~ o io in~ o ~" o ~o 'o ~o v'. C d... ~ 0 l 0 0 ~ 'J_ O O ~ CO O 0 O O O O rya V O O O M O O !O M O ~ N ® O Q ® di (#i 64 ER Vi f!d 64 F33 64 69 f9 64 Eli fA E13 ili 64 ~ I >p ~ `- o o o 0 0 0 0 O O O O O O O ~ O O o 0 0 0 0 o a o 0 0 0 0 0 O 0 0 rA 0 E» 0 E» 0 ~ 0 » 0 64 0 ea 0 ~ 0 0 64 0 EA 0 Eli 0 64 0 69 0 64 0 E9 0 E» i i d M Q M W, '~ tfi M (P M CO N ey ~ ~ O O~ OJ M V'. N O M tfi O 07 Q) N N CO N M O Ct M ! M'. Y h O~ W O W N N O ` W ~ ~ to m O M t(J N~ O (O N fR t() 1~ ffl M N fA 0) f` EA O Vi M O (A V' W fA - Efl O I~ fA N EPr M Efi I~ W H3 1~ C' EPr o] E9 M ~ CD O 44 t7 _ J p ® O O 'Nd' ~r 0 0 0 0 7 0 0 fh 0 0 W 0 0 [O 0 0 N O O N CO O © P~ ~ ® V; CY l7 O O ~ O.U N N O O O d. M ~ fD P O ~ f0 4J f~ V M ~ ~ d' r O O M V d' tl' OJ N O N CO cO O Sn O iC tO N h M M CO tf} 69 Hi 64 69 fiT Ffi Hi EPr 64 64 64 ff3 fA H3 CH p w 0 O O O O O O O O O O O O Q of 0 0 y,~c ~ o ~ r o r~ w o r- o ~ o r; m o o m 0' d O M M C N N M 7 M .yM.y~~ M N V tD ~ ~ M 64 64 64 M Vi 69 U3 Ki fH ER 64 Vi E9 64 Ki c o ° ~ ~ o n 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o ui ~ O N M O M W O N M N C8 N N N CD c0 PJ c ~ d a~ a~ ~ `m d ~ a~ d `m w d O d N N d 4) A~ G C G_ C_ G C_ C C C C C E c p U ~.~ N ~ C W C W C W C W C W ~ .c C W C W C W C W C W y C W N ~ c G W. U /3 o g U ~ o ~ c U `o U o U o d c U U iy ~ U ~ .a ~ .° c c y ° c m aci ~ o ci 0 ~o aci c ~ ~o ~ ~o a` a. a i cn a i u~ a a i rn c w a u~ d n m a u~ w a a ` o ~ o ~y } C ~ ~ Q m- W 0 C ~ @ o'J c ° U ~' d a h o i a - Z C d ~ (p G 'O N C O U ~ N U l4 C (6 N ... .C Q N N N m c L ~ ~ U ~ ~ a o ~ ~ ~ ~ a ' o ~ ~ o f- 0 m K m K m a N H 0 N a r ~ O O m~ m~ as Exhibit B tlflC101S ®~ f'!'Tt Of TYa[1 Ott3t1011 Prime Consultant Name Ciorba Group, Inc. Address 5507 N. Cumberland Ave Telephone (773) 775-4009 TIN Number Project Information Local Agency Village of Morton Grove Section Number 07-00102-DO-LT Project Number HSIP-8003 (912) Job Number D-91-113-OS Signature and title of Prime Consultant Engineering Payment Report Note: The Department of Transportation is requesting disclosure of information that is necessary to accomplish the statutory purpose as outlined under state and federal law. Disclosure of this information is REQUIRED and shall be deemed as concurring with the payment amount specified above. Page 7 of 7 BLR 05610 (Rev. 9/06) Printed on 12!712007 4:36:08 PM This form is to verify the amount paid to the Sub-consultant on the above captioned contract. Under penalty of law for perjury or falsification, the undersigned certifies that work was executed by the Sub-consultant for the amount listed below. EXHIBIT C -HOURLY TE SCHEDULE Village of Morton Grove Route: FAU 277016Naukegan Road (IL Route 53) Section No.: 07-00102-00-LT Project No.: HSIP-8003(912) Job No.: D-91-113-08 Type of Funding: HSIP Existing Structure No.: NIA Overtime liouriy Classification From To Rate Principal - 70.00 Project Manager 50.00 7 "u."u"u Chief Structural Engineer 50.00 70.00 Construction Manager 45.00 55.00 Project Engineer/Senior Resident Engineer/Senior Water Resource Engineer/ Senior Lighting Engineer! 40.00 50.00 Resident Engineer/Assistant Resident Engineer/ Senior Structural Engineer 30.00 45.00 Senior Engineer/Senior Construction Engineer/Structural EngineedWater Resources 28.00 45.00 Senior Technician/Sr. Structural Senior Construction Technician 28.00 40.00 Engineer/Canstruction Engineer 20.00 30.00 Technician/Construction Technician 18.00 35.00 27.00 to 45.00 Survey Crew Chief 30.00 45.00 Survey Crew Member 18.00 35.00 Instrument Person 25.00 35.00 Rod Person 17.00 27.00 25.50 to 40.50 Clerical 15.00 25.00 19.50 to 33.00 Summer Interns 11.00 17.00 16.50 to 25.50 "Overtime hc~u€s paid in accordance with U.S. & Illinois Department of Labor requirements. July 2007 Ciorba Group, Inc. N:\Contrac!sV6038\Contract\ExhibitA.xls EXHIBIT D - IN-HOUSE DIRECT COSTS Village of Morton Grove Route: FAU 2770Mfaukegan Road (IL Route 53) Section No.: 07-00102-00-LT Project No.: HSIP-8003(912) Job No.: D-91-113-OS Type of Funding: HSIP Existing Structure No.: NIA Coordtnation and Meetings VEHICLE MILEAGE No. of Mlles Cast per Mile Total Cost Meetings (2 trips} 100 $ 0.485 $ 48.50 VEHICLE MILEAGE Sub-Total $ 48.50 Coordination and Meetings $ 48.50 Ffeld Survey No. of Hours Cost par Hour Total Cost CADD COMPUTER CHARGES 8 $ 15.00 $ 120.00 COMPUTER CHARGES Sub-Total $ 120.00 VEHICLE USEAGE No. of Days Cost per Day Total Cost Review Meeting (1 trip) 4 $ 45.00 $ 180.00 VEHICLE USAGE Sub-Total $ 180.00 Field Survey $ 300.00 Contract Plans No. of Hours Cost pee Hour Total Cast CADD COMPUTER CHARGES 20 $ 15.00 $ 300.00 COMPUTER CHARGES Sub-Total $ 300.00 6038-CECS-Morton Grove-Waukegan Rtl-07-00100-00-1T-070904.xis Page t of 3 1 y7~~7 EXHIBIT D - IN-HOUSE DIRECT COSTS Village of Morton Grove Route: FAU 2770/iNaukegan Road (IL Route 53) Section Na.: 07-00102-00-LT Project No.: HSIP-X003(912) Job No.: D-91-113-Oi3 Type of Funding: NSIP Existing Structure No,: N!A PLAN PRINTINGlREPRODUCTION PRESENTATION BOND MYLAR No. of Sheets Cost per Shee4 Totai Cosk 3 $ 1.50 $ 4.50 1 $ 4.10 $ 4.10 PRINTING Sub-Total $ 8.60 XEROX COPIES 8 112 x 11" No, of Sheets Cost per Sheet Total Cost 100 $ 0.10 $ 10.00 XEROX Sub-Total $ 10.00 Contract Plans $ 318.80 Liahtina CADD COMPUTER CHARGES PLAN PRINTINGlREPRODUCTION PRESENTATION BOND No. of Hours Cost per Hour Total Cost 106 $ 15.00 $ 1,590.00 COMPUTER CHARGES Sub-Total $ 1 590.00 No. of Sheets Cost per Sheet Total Cost 10 $ 1.50 $ 15.00 PRINTING Sub-Total $ 15.00 XEROX COPIES 81/2 x 11°' No. of Sheets Cost per Sheet Total Cost 3D0 $ 0.10 $ 30.00 XEROX Sub-Total $ 30.00 6038-CECS-Moron Grove-Waukegan Rtl-07-00100-00-1T-070904.xis Page 2 013 12!7/2007 EXHIBIT D - IN-HOUSE DIRECT COSTS Village of iUlorton Grove Route: FAU 2770/Waukegan Road (IL Route 53) Section No.: 07-00102-00-LT Project No.: HSIP-8003(912) Job No.: D-91-113-08 Type of Funding: HSIP Existing Structure No.: N!A VEHICLE MILEAGE No. of Mlles Cost per Mile Total Cost Review Meeting (1 trip) 50 $ 0.485 $ 24.25 VEHICLE MILEAGE Sub-Total $ 24.25 Lighting $ 1.659.25 Specifications & Bid Documents XEROX COPIES No. of Sheets Cost per Sheet Total Cost 8 1/2 x 11" 1000 $ 0.10 $ 100.00 XEROX Sub-Total $ 100.00 Specifications & Bid Documents $ 100.00 Quantity Takeoff XEROX COPIES No. of Sheets Cost per Sheet Total Cost 8 12 x 11" 200 $ 0.10 $ 20.00 XEROX Sub-Total $ 20.00 Quantity Takeoff $ 20.00 $ummarv of. Direct Costs: Coordination and Meetings $ 48.50 Field Survey $ 300.00 Contract Plans $ 318.60 Lighting $ 1,659.25 Specifications & Bid Documents $ 100.00 Quantity Takeoff $ 20.00 Total: $ 2,446.35 6036-CFCs-Morton Grove-Waukegan Rd-07-OOt00-00-LT-070904.x1s Page 3 of 3 72/72007 d W J J ~ N Q = G ~ Cy ey C1 !n .. fn ~` ~ r ~ r = Z V p c o 4~ C m w'C Q,Rvyrn°o.'. ~ o ~ c = ®c v O~~c ~ m ~ ~ ~ ~ ~ W W ~ ~ = V ~ ~ C Q ~ ® ~ ~ a W W LL d Y m 0 U O p~ N m E 0 d N N J ~ J Q W N C ~ O O ~' M ["1 ~ ~ to N N Q N M U 2 v LL E U N o E o N m p Z d a 0 U O C O ~j V ~ ~ ~ ~ ~ f0 07 ~j ro o 0 m m E c m ~ E d E rn ~ 9 ~ N N J ro ¢ a a ° > ~ G. C C p C ~ d ' ~ o Z o U ~ O O O ~ ~ m d 'a O c LL o U s ~, a a a U m °m