Loading...
HomeMy WebLinkAbout2008-02-11 AgendaAGEPIDA ?. 4. 6. 7 8. 9 VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER February II9 2QQ8 Meeting 7:30 pm Call to Order i>ledge of A.l[egianee Roll Cal[ Approval of Minutes - Regular Meeting, January 28, 2008 Puhlic Kearings Special Reports a. Plan Commission Case PC 07-11 Requests a Special Use Permit for a Fish Only Pet Store tc be Located at 7913 Goif Road to be Presented by Plan Commission Chairperson Ron Farkas Resident's Comments (agenda items only) President's Report -Ad»zinistr~ation, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Entertain a motion to direct special counsel to proeeed/or withdraw the Notice of Appeal filed by the Village in the MCC vs Village of Morton Grove (right-of--way) Litigation. b. Presentation by Police Chief Paul Tasch Regarding Recenf Burglaries Throughout the Village and Preventative Measures c. Reappointments Cierk's Report - Condominium Association, Advisory Conzmisslon on Aging 10. Staff Reports a. Village Adminnstrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a Trustee Brunner -Legal, Family and Senior Services Department, Cable and Telecommunications Commission, Environmental Health, Waukegan Road TIF RevieN~, Solid Waste Agency of Northern Cook County (Trustee Kogstad) b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) c. Trustee Marcus -Police Departnent, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) 1} ~eso!utien -°3S-~? (Introduc•ed Febraar?~ 11, 20D8) Authorization for the Purchase of Watchguard Digital In-Car Video Recording Systems for Police Vehicles from the Illinois State Bid Program Contract #PSD-401A-193 d. Trustee Minx-Finance DePartnaent, Real Ftate Committee, Plan Commission, Fen°is/Lehigh TlF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Econonxic Development, Northwest Municipal Conference ('trustee Staackmann) 1) Ordinance 08-07 (Introduced February tt, 2008) Granting a Special Use Permit to Allow a Pet Store at the Property Located at 7913 Golf e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Communications, Dempster Sheet Corridor Plan (Trustee Brunner) £ Trustee Thill -Public Works, Capital Projects, Traff c Safety Commission, Natural Resource Commission, Solid GVaste Agency of Northern Cook County (Trustee Marcus) 1) Resolution 08-08 (Introduced February t t, 2008) Authorization to Execute a Professional Services Agreement with Baxter & Woodman for Construction Administration Services for the Electrical Improvements at the North Pumping Station 2) Resolution 08-09 (Introduced February t t, 2008) Authorizing the Purchase of a New Portable Small Diameter Sewer Pipe Television inspection System 12. Other Business 13. Preseutatiou of Warrants - $314,516.94 14. Resident's Comments 15. lhxecutive Session -Personnel, Labor Negotiations, and Real Estate 16. Adj0urnn~ent - To ensure full accessibility and equal participationfor all Interested citizens, individuals with disabilities who plan to atiend and who require certain accommodations in order to observe and/or participate in Chas meeting, or who Iaave questions regarding die accessibility of these.facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the Village to n¢ake reasonable acconnnodalions. 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. APPROVAL OF MINUTES IV. Regarding the Minutes of the January 14, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Thill moved, seconded by Trustee Minx, to approve the January 14, 2008 Regular Meeting Minutes as presented. Motion passed unanimously (with one absent) via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Recognition of the Morton Grove Chamber VIP: Gabriel Berrafato Mayor Krier paid tribute to and recognized the accomplishments of Gabriel S. Berrafato by proclaiming January 28, 2008, as "Gabriel S. Berrafato' day. Mr. Berrafato served as Village Attorney for six mayors and served as General Counsel for the Morton Grove and Niles Park Districts. Mayor Krier cited Mr. Berrafato's many civic contributions and congratulated him on being this year's Ghamber of Commerce "VIP of the Year". Vl. RESIDENTS' COMMENTS (Agenda Items Only) Mayor Krier asked that anyone who wished to speak regarding Ordinance 08-04 (which would impose a tax on self-storage facilities) refrain from doing so now, and he would allow them time to speak at the time the Ordinance is presented. Minutes of January28, 20088oard Meetingl VII. PRESIDENT'S REPORT a. Mayor Krier proclaimed February 4, 2008, as "William (Bill) Archibald" day in the Village, to honor the accomplishments of William Archibald. Mr. Archibald has been a member of the Morton Grove Lions Club since 1967, and served as its president from in 1979-80. He re- ceived the "Melvin Jones Fellowship Award" in recognition of his commitments to the world community and helping the blind. (This is the highest award the dons Club International Foundation bestows for humanitarian services.) Mayor Krier urged all citizens to become more involved in their community, following the example of William Archibald. b. Mayor Krier reminded the assemblage that, in a recent Village newsletter, he had encouraged people to nominate people to receive the new "Mayor's Award". He said that this newly implemented award singles out one Morton Grove resident who consistently goes "above and beyond" what's required or expected of a citizen. He was pleased to present the award to Tom Gorak, based on a letter recommending him written by Alice Rupke and signed by 15 of Mr. Gorak's neighbors. Pss. Rupke's letter points out that Mr. Gorak has done so much for her, from shoveling her snow to repairing her lawnmower, to taking her to the train station, and keeping her sump pump and refrigerator running when she was out of town during a particu- larly bad storm. Ms. Rupke pointed out that Mr. Gorak does this, not only for her, but for his neighbors, too. She said that Mr. Gorak refuses to accept any payment or gift certificates or such for his helpfulness. Instead, he says he helps people because, years ago, someone helped his mother. The Mayor, the Board, and the assemblage all congratulated Mr. Gorak on his receipt of the Mayor's Award. Mr. Gorak said, "People have been good to me." He commented that he has friends who deserve this award more than he does. c. Mayor Krier said that it's important to have Commission members who attend meetings regu- larly, especially in the case of the Plan Commission/Zoning Board of Appeals, because often times petitioners who appear before that Commission have spent time and money on archi- tects, traffic studies, etc. Mayor Krier said that one of the Plan Commissioners has missed many meetings and he would like to remove him from that Commission, especially because there's a qualified individual "waiting in the wings". Trustee Minx moved, seconded by Trustee Brunner, to remove Commissioner Ramesh Goyal from the Plan Commission/Zoning Board. Trustee Staackmann said he understood the mayor's concerns, but would like to see the Board vote on a policy that would cover these types of matters, rather than have the Board take this type of action on an individual. He agreed that attendance at Commission meetings, especially the Plan Commission, is important, but felt that having an approved policy should come first. Mayor Krier stated that there already is a policy, and that policy says that the Mayor can take action if and when, in his judgment, it becomes necessary, and if said action is approved by the Board. Mayor Krier said he felt this was important enough to do tonight. He agreed that it wasn't the fair or preferable way, but neither is it fair to the businesses who show up and don't necessarily get a fair hearing because of absent Commissioners. He felt that the "due proc- ess" was in place. Mayor Krier said Commissioner Goya! had never called him to let him know that he wouldn't be around or that he had "issues". Mayor Krier said the replacement candi- date for Commissioner Goyal is a current member of the Appearance Commission and an architect. He said he had been trying to reach Mr. Goyal and only recently learned he was out of the country, and he didn't know when Mr. Goyal was planning to return. .,: VII. PRESIDENT'S REPORT (continued) Trustee Minx pointed out that that she is the trustee liaison for the Plan Commission, and be- cause Plan Commission members also sit as the Zoning Board of Appeals, she knows that there have been cases that have been denied because of absent Commissioners. She said, "It's not a good reflection on the Village." Trustee Thill asked if Commissioner Goyal was also going to be removed from the Community Relations Commission. Mayor Krier pointed out that Commissioner Goyai's term had expired on December 31, 2007, and he had not reappointed him. Trustee Marcus said he was concerned because there can always be "situations" wifil VOiun- tary members of commissions or committees. He asked if there was any communication with Mr. Goyal or the Chairman of the Plan Commission to let him know this action was planned. Mayor Krier said that he had not been able to reach Mr. Goyal, but had spoken to Chairman Farkas, who had "no objections" to this action. Trustee Thill said he agreed that there should be some parameters or policy dealing with this type of situation for the future. Trustee Brunner said that, when one reads the ordinance(s) that cover the establishment of these commissions, there are provisions in there that cover situations such as attendance and removal for non-attendance. Trustee Staackmann pointed out that this was aprecedent-setting action. He said he would hate for the Village to take any action that wasn't right. He agreed about the importance of at- tendance and said he was curious about attendance "across the Board". Mayor Krier said he had started keeping attendance records and has the data for all of last year. He agreed that this may not have ever. been done before, but reiterated that it's not fair to residents and busi- nesses for the Village not to put its best face forward. He said there's a definite pattern of non-attendance there, and he said the Board has to make the best decision for the Village. Trustee Brunner pointed out that, as liaison to the Community Relations Commission, she could attest that Commissioner Goyal has not attended a meeting of that particular commis- sion in at least a year. Trustee Staackmann asked if there are other people who've missed a lot of meetings. Mayor Krier said there were some, and he's talked to some of them. He said it would be hard to write a policy outlining a "valid" reason for missing meetings, and he didn't the Village should go there. Trustee Staackmann asked Mayor Krier to share the attendance list with the Board. Trustee Kogstad asked if the Board would be violating the Open Meetings Act by taking action on something that's not listed on the Agenda.. He pointed out that the Board hasn't even ad- dressed this in Executive Session. Trustee Kogstad read from a memorandum from the law firm of Ancel & Glink that said, in part, that "in the case of a final action (being taken), parties who would be affected (by the vote) must be notified that the action will be taken." He felt the Board would be in violation of the Open Meetings Act if it took this action this evening. Mayor Krier said he disagreed. He felt the Village's ordinance allowed him to make this type of decision with the consent of the Board. Corporation Counsel Liston said that some of Trustee Kogstad's points have merit; however "Appointments" appears on the Agenda, which could be construed as enough in this case. If this was a Special Meeting of the Board, the action would have to be specifically stated on the Agenda. She said the Board has to judge if the Mayor took adequate steps to try to contact the individual under discussion. Minukes of Janua 2$.20086oard Meekin" VII. VIII. IX. PRESIDENT'S REPORT (continued) Ms. Liston said she has a lot of respect for Ancel & Glink, but there is nothing that says this type of matter must be discussed under Executive Session-only that the Board may talk about sensitive personnel matters. The key, she said, is determining if "Appointments" is enough on the Agenda under which to consider this matter. Ms. Liston said that there is some case law that has addressed this. Trustee Kogstad moved to postpone this matter until the next Board meeting and that it should be discussed with Chairman Farkas in Executive Session. Trustee Thill seconded the motion. Motion failed: 3 ayes, 4 nays. Tr. Brunner n~ Tr. Kogstad aye Tr. Marcus n~ Tr. Minx ~ Tr. Staackmann ~ Tr. Thin aye Mayan Krier Mayor Krier then called for a vote on the motion on the floor, having been duly made and seconded by Trustee Minx and Trustee Brunner, respectively, to remove Commissioner Goyal from the Plan Commission. Motion passed: 4 ayes, 2 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus Tr. Minx a~ Tr. Staackmann n~ Tr. Thill aye Mayor Krier then sought the Board's concurrence to appoint Andrew Szymanski to replace Commissioner Goyal on the Plan Commission. Trustee Minx moved to concur, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a rLe Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye Before casting his vote, Trustee Staackmann said that he still felt that a postponement of this entire matter would have been appropriate. CLERK'S REPORT Clerk Fritzshall said that there have been 335 early voters so far. Thursday, January 31, will be the last day of early voting. Election Day is Tuesday, February 5, 2008. If anyone has any questions, they should call her at Village Hall or at Niles Township. Trustee Marcus asked if this was a higher turnout than previously or if there were any comparisons that could be made. Clerk Fritzshall said there had only been one other time when people could early vete so there's no direct comparisons. STAFF REPORTS A, Village Administrator Mr. Wade had no report. "" Minutes of January 26;:2008 Board Meeting IX. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS (continued) TRUSTEES'REPORTS Trustee Brunner presented Ordinance 08-05, Approving and Adopting the Village of Morton Grove Retirement Plan as Amended and Restated Effective January 1, 2008. Trustee Brunner explained that the Internal Revenue Service now requires that all general employees' retirement plans be reviewed and updated every five years. The Village's General Employees' Retirement Plan provides retirement benefits for employees (other than sworn police officers and firefighters) hired prior to January 1, 2005. (Employees hired after that date participate in the IMRF Retirement Plan.) The General Employees' Retirement Plan was initially established in 1965 and has been amended periodically since then. In order to comply with recent changes in the {rternal Revenue Code, and to ccntinue to qualify under Secticns 401A and 501A of the Code, the Village is amending the plan, and for convenience, is restat- ing the plan to incorporate all amendments approved prior to this time. Changes have been recommended by the Village's Special Counsel and must be approved by the Board and submitted to the IRS before January 31, 2008. The Code also requires that all affected employees receive notice of these changes. The Village has posted notice of these changes to affected employees. Trustee Brunner moved to waive the second reading of this Ordinance in order to meet the January 31, 2008 deadline. Trustee Minx seconded the motion. Motion passed: 5 ayes, 1 nay. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus aye Tr. Minx aye Tr. Staackmann na Tr. Thill awe Mayor Krier clarified thaf the Village has four pension plans, three of which are run by the State. This ordinance doesn't really change anything as far as peoples' pensions-it just cleans up the language. Trustee Brunner then moved to adopt Ordinance 08-05, seconded by Trustee Minx. Trustee Staackmann wondered when the Village received notice that this had to be passed and submitted by January 31s'. Ms. Liston said that Special Counsel had sent her a letter dated January 11`". Last summer Special Counsel notified us of the Internal Revenue Code charges and had indicated they vaould begin working on updating the plan immediately. Trustee Thiii asked what the Legislative Summary meant by "Source of Funds: N/A". Ms. Liston said it means the plan doesn't require any additional funds so that section is not applicable. Trustee Marcus wondered what the penalty would be if the Village didn't submit this by the January 315` deadline. Ms. Liston said that, a General Employees' Retirement Plan that has been adopted by the Board currently exists, and that "could" be submitted. However, the Vil- lage needs to submit it to the IRS so that the IRS can determine if it's a "qualified" plan under Minutes ofJanuary28, 20088oard Meeting: X. A. TRUSTEES' REPORTS (continued) Trustee Brunner: (continued) the 401A and 501A sections of the Internal Revenue Code. A qualified plan has certain benefits to both the Village and the employee about tax deductions of the monies used to fund the plan. If the Village submits a plan that is not determined to be qualified under the Internal Revenue Code, the plan could lose its tax-exempt status, which would be a huge penalty. If the Village submits the plan that is currently in place, and then adopts the updated plan later, i would likely incur additional Special Counsel costs as well as an additional IRS filing fee of $1,000. Mayor Krier called for the vote on adopting Ordinance 08-05. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr, Staackmann aye Tr. Thill aye 2• Trustee Brunner announced that LifeSource would be holding a blood drive at the Civic Center on February 7 between 2:00 p.m. and 6:00 p. m. She encouraged donors to call LifeSource for an appointment, but noted that "walk-ins' are always welcome. 3. Trustee Brunner said that she had been given some inaccurate information when she an- nounced at the January 14th meeting that used batteries can now be recycled at Walgreens stores. That is not the case-used batteries can only be recycled at Walgreens stores within the city limits of the City of Chicago. The nearest ones to Morton Grove would be the Wal- greens store at 6310 Nagle and the one at 7652 W. Touhy. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: 1. Trustee Marcus had no formal report, but said he continued to be impressed with Police & Fire Commission Chairman Mike Simkins and with Chief Friel after sitting in on a recent interview session with them. 2. Trustee Marcus also reminded everyone about Thursday's Chamber of Commerce VIP Dinner, which will be held at the Chateau Ritz. 240 people have signed up to attend. D. Trustee Minx: 1. Trustee Minx presented 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.. ,,: X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Trustee Minx explained that this ordinance is pursuant to Plan Commission Case PC07-O8, which had been reported out at the January 14th Board Meeting. This ordinance would grant a Special Use Permit to install two radio antennas on an existing tower at 8323 Nagle Avenue. Trustee Minx moved, seconded by Trustee Thill, to adopt Ordinance 08-02. Motion passed: 6 ayes; 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill ~E? 2 Next, Trustee Minx introduced for a first reading Ordinance 08-04, Establishing Title 4, Chapter 17G Entitled Self-Storage Facility Accammodations Tax in the Vil9age of Morton Grove." She explained that, in order to raise additional revenue, this ordinance would impose a tax of five percent of the gross rental or leasing charges of self-storage facility accommodations. This tax is expected to generate $50,000 in Genera! Fund revenue. Mayor Krier asked if anyone in the audience wished to speak regarding this ordinance. a• Chris Arns. Mr. Arns said that the purpose of this tax was for a new revenue stream for the Village based on two criteria: (1) prime commercial property is involved, and (2) it's property that doesn't pay retail sales tax. He assumed that these businesses pay their business li- cense fees as well as other fees and taxes, and did not think it was fair for the Village to "blindside" them with a 5% tax that might diminish their ability to conduct business in Morton Grove, just because they were on prime commercial property. He said that storage is despa- rately needed for all the condos and townhomes that have gone up, and if these storage facili- ties end up closing due to a "burdensome' tax, where will Morton Grove residents store their values as they scale down and move out of their homes into condos or townhomes? Mr. Arns suggested that, instead, the Village "invent" a tax of 2.5% on newly-built condos that "we don't need°. He said such a tax would "regulate excessive supply" and protect current housing prices in the Village. It would limit excessive building, which is depressing Morton Grove housing stock. Mr. Arns further suggested that the Village enforce commercial license fees for those evading them and enforce agreements that call for retail stores to be built. He suggested that the Board pass a new ethics ordinance and convene an Ethics Committee made up of citizens, as other municipalities do. b• Chris Berry. Mr. Berry is the owner of Life Storage Center. He said they received the notice of the introduction of this ordinance on January 12 and the Board Meeting was January 14. There wasn't adequate time to prepare a response. Public Storage and U-Haul had similar experiences. He asked the Board not to go through with this. He said it was an arduous task to find a property in the first place, and ended up in an industrial park on Oakton with a build- ing that needed a lot of repair: Mr. Berry said he's paid all necessary fees and built out the building. He spent more than he had projected on the purchase and renovation of the 85,000 square foot building. He said that self-storage facilities run on very thin margins. He said that this 5% tax actually has a 14% impact on his business, which is already projected to run at a deficit for the first 3-4 years. This additional tax wasn't factored into his projections and will put him in a very difficult situation to make this work. Minutes of January28, 20D8 Board Meting X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Mr. Berry said this tax is something his business can't absorb and if he passes it on to his customers, they'll leave, because many of them are month-to-month leases. He said he wouldn't have brought his business to Morton Grove had he known this tax was being planned. He urged the Board to vote "no" on this ordinance. Trustee Marcus thanked Mr. Berry for coming. He said he's given this a lot of thought and one thing he doesn't want to do is chase businesses out of Morton Grove-if anything, he'd like to find incentives to lure businesses in to Morton Grove. Trustee Marcus said that staff had done some comparisons of self-storage rates from surrounding communities. He said he was very concerned about creating a negative impact on businesses in the Village. He asked Mr. Berry what his property tax was. Mr. Berry said it was over $100,000; maybe $140,000. P",aycr Krier said that Village staff has been researching this and trustees have had that infor- mation. He admitted that there is no tax that isn't onerous. He said the Board is looking at every possible revenue stream, no matter how onerous or silly it may be. He apologized to Mr. Berry and the other owners in attendance for them not receiving the notice in a more timely manner. Mr. Berry said, when the Village compared rates, it was probably not "apples-to-apples". For example, his business is climate-controlled; many others are not. He said his business model breaks even at 70% occupied-currently, he's at 15%. He said that, if this tax is enacted, there's a good likelihood that his business may only get to 50% occupied, which would mean he'd have to shut his doors. Mr. Berry said he took an old industrial building and made it into something nice for the Village, and now he could potentially lose his business. He said he wanted to pay his share, but felt the Village should do something that was fair to everyone, rather than single out his type of business. Trustee Marcus agreed that Mr. Berry's facilities is very different from "typical" storage facili- ties. He said it's difncult to put his type of operation in the same arena as others; it's really not an "apples-to-apples" comparison. c. Adam Blair. Mr. Blair is the General Manager of U-Haul it Morton Grove. He said he was not given enough time to prepare a response for the January 14th meeting. He said he was op- posed to this tax. d. Joseph Stephani. Mr. Stephani is also with Life Storage. He said this is a tax on the resi- dents of Morton Grove, and they will move on. Mr. Berry said his facility is not 100% Morotn Grove residents. He did point out that typical storage units range from $50 to $400 per unit per month. A feasibility study showed that it would be four-plus years before he can safely increase rents by even $1.00. He said this was a very competitive industry, and agreed with Mr. Stephani, that customers will leave and go elsewhere if this tax is passed en to them. Village Administrator Wade said the tax is designed to be paid by the end-user; it's not de- signed to be a tax on the vendor. Mr. Berry said the customers are not going to pay it-the business will have to, in order to stay competitive. He said he'd rather pay ahigher-priced business license instead. ,,: X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) e. John Santiago. Mr. Santiago is the Area Trainer for Life Storage. He said he's been in the self-storage industry for 8 years, and felt the market was saturated. He said there are 40 other self-storage companies within six miles of Morton Grove, and some of them do offer a competitive product (i.e., climate-controlled units). He felt that this tax would force their tenants to move to other communities. Mr. Santiago also nofed that there are some tenants who have prepaid. The business would definitely have to pay their tax. He asked the Board to please give his company an opportunity to flourish. Mayor Krier said that this tax would be on monies to be collected, not already collected. So if a tenant has prepaid, the tax wouldn't apply to that tenant. Mr. Wade commented filet the Vi~- lage would have to address that, possibly with a limited "grandfathered" period. f. Matthew clerk. Mr. Clark is the Operations Manager for Life Storage. He asked the Village to reconsider the tax, noting that this is a small, locally-owned business that is struggling to com- pete. He said the tax would cripple them. Trustee Brunner asked how this tax compares to other taxes the Village has imposed, for ex- ample, the food and beverage tax, the gasoline tax, etc, Mr. Wade said that probably the closest comparison is a hotel/motel tax. It's the closest comparison because a hotel is "rent- ing space" for an individual and self-storage is "renting space" for personal belongings. He said a typical hotel/motel tax in Illinois is 5%. g~ Justin Baker. Mr. Baker is a property manager for Life Storage. He said that self-storage customers are savvy and they price shop. He said Life Storage aggressively matches prices. He said there are currently 36 tenants that would leave if they had to pay more. Mr. Berry commented that hotels/motels come in knowing about the hotel/motel tax. He won- dered why he hadn't been informed that this tax was a possibility when he had been talking with Mr. Wade and searching for /purchasing property? He said there are hundreds of rented industrial buildings-it would be more fair to tax a small percentage across the board to every- one who rents a building. There being no further discussion, Trustee Minx moved to adopt Ordinance 08-04, seconded by Trustee Brunner. Trustee Thill said he thought Mr. Berry had made some good points and felt that more re- search was needed. He also had asked at the January 14th meeting that some verbiage be included covering outside storage as well as inside storage. Trustee Thi11 moved to table Or- dinance 08-04 until the March 10, 2008 Board Meeting. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad afire Tr. Marcus awe Tr. Minx aye Tr. Staackmann ~ Tr. Thill Trustee Staackmann asked how the Village identifies industrial/commercial buildings that are being rented for storage. He felt the Village should look at that. 2. Trustee Minx gave kudos to the Public Works Department for doing such a great job of snow plowing-fhe Village's streeets are phenomenal, she said, adding that she frequently gets comments from other people on the great snow plowing in Morton Grove. `" Minutes ofJanua 28, 20086oard McOtin ` X. E. TRUSTEES' REPORTS (continued) Trustee Staackmann Trustee Staackmann had no report. Trustee Thill Trustee Thill presented Resolution 08-04, Authorizing the Execution of a Contract With G&L Contractors, Inc. for the 2008 Material Hauling Program. He explained that the Material Hauling Program is necessary to haul and dispose of mixed fill material and to transport and furnish sand and stone material for the Village. The estimated contract price is $105,030.60, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-04, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad awe Tr. Marcus awe Tr. Minx ~ T r. Staackmann afire, Tr. Thill Next, Trustee Thill presented Resolution 08-05, Authorizing the Execution of a Contract With Steve Piper 84 Sons, Inc. for the 2008 Tree Trimming Program. He explained that, each year, the Village contracts with a tree trimming contractor to assist in the maintenance of trees within defined areas of the Village. The estimated contract price is $25,167.75, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-05, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad afire Tr. Marcus afire Tr. Minx awe Tr. Staackmann afire Tr. Thill ave 3, Trustee Thill then introduced Resolution 08-06, Authorizing the Purchase of a Three- Wheeled Front Dump Sweeper (Pelican). He explained that this will replace an existing 1997 Pelican which has reached the end of its useful service life to the Village. The cost for this vehicle is $141,380. Funds have been budgeted for the replacement of vehicles and related equipment in the 2008 Adopted Budget. Trustee Thiii moved, seconded by Trustee Brunner, to approve Resolution 08-08. The estimated contract price is $105,030.60, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Thill moved to approve Resolution 08-04, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~? Tr. Kogstad ~ Tr. Marcus ave Tr. Minx ~ Tr. Staackmann awe Tr. Thiii ave 16 °' Minutes ofJanua 28 20D6 BOardMeetin '.' X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) 4. Trustee Thill said one of the great things about the Village is the way people rally to help those who need it. He mentioned a woman in his neighborhood who'd been burglarized, and how the neighbors helped her. Trustee Thill singled out Ed Curry, a carpenter who helped secure her home, and thanked him for his help and support. XI. OTHER BUSINESS Trustee Staackmann said that there had been a notation in the Board packet notes indicating that, unless the Board adopted a motion to the contrary at the January 28 Board Meeting, the Mayor will direct staff to contact Special Counsel to have them withdraw the Notice of Appeal in the Capulina ROW matter. Trustee Staackmann moved to have the Village not withdraw the Notice of Appeal. Trustee Kogstad seconded the motion for purposes of discussion. Trustee Kogstad said that this was another instance where he was concerned that taking an action this evening could be a violation of the Open Meetings Act since this does not appear on tonight's Agenda. Trustee Staackmann was concerned because it sounded like a vote would be needed this evening. Mayer Krier felt that a vote could be taken. this evening. Corporation Counsel Liston clarified that the Board could discuss it tonight, either openly, or, since it was "pending litigation", in Executive Session. She explained that the Special Counsel had filed a Notice of Appeal in order to preserve the Village's right to go forward, but that it could be withdrawn at any time. Ms. Liston said that, for the Board to take final action, the item would have to be placed on the Agenda. Mayor Krier was in favor of an open discussion, because he said there are no new facts or new information to discuss. Trustee Staackmann asked if Special Counsel felt there was a good chance that the Village could win an appeal. Mayor Krier said that they did and they felt the Village should go forward. Trustee Marcus suggested discussing this matter further in Executive Session, since it's pending litigation, and so moved to do that. Trustee Brunner seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus ave Tr. Minx afire Tr. Staackmann aye Tr. Thill awe XII. WARRANTS Trustee Minx presented the Warrant Register for January 28, 2008, which totaled $448,301.35. She moved to approve the Warrants as presented, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe, Tr. Kogstad ~ Tr. Marcus awe Tr. Minx afire Tr. Staackmann awe Tr. Thill ave u AAinutes of January 28, 20086oard Meeting XIII. RESIDENTS' COMMENTS Carol Murphy. Ms. Murphy, a resident of The Woodlands, said that, speaking as a condo otivner, if condo owners and townhome ovrners are taxed for using storage space, the Village will have a lot of angry residents on its hands! Chris Arns. Mr. Arns said he agreed with Ms. Murphy, and again suggested the Village implement a tax on newly-built condominiums. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss the personnel, labor negotiations, real estate, and pending litigation. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad awe Tr. Marcus awe Tr. Minx afire Tr. Staackmann afire Tr. Thiil afire The Board adjourned to Executive Session at 9:58 p.m. Mayor Krier called the Executive Session to order at 10:C8 p.m. In attendance were: ti4ayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill, as well as Village Administrator Wade, Corporation Counsel Liston, and Community and Economic Development Director Neuendorf. There being no further business, Trustee Minx moved to adjourn the Executive Session at 11:09 p.m. The motion was seconded by Trustee Brunner and approved unanimously via voice vote. Trustee Minx then moved to adjourn the regular meeting. The motion was sec- onded by Trustee Brunner and approved unanimously via voice vote at 11:10 p. m. ~2 _..... Minutes of January 28 20068oardMeetingl. PASSED this 11th day of February, 2008. Trustee Brunner T'L'~tee I:C^y~tad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 11th day of February, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 12th day of February, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 73 MEMORANDUM 1 Office of tgce IVlayor Ibfic~aardd °'Rfle~" Krier TO: Viltage Board of Trustees FROM: Rick Krier, `tillage President ~.K ~F. DATE: i'Cbrilary 7, 2008 RE: Conunission Reappointments to be made The foIlowing Commissioners' teens have expired and I am asking foa-reappoinhnents to these Commissians. Advisory Commission on A,~ng Diane Grigg Tack Malloy Lon~aine Meyer Anne Marrazzo Appearance Commission Dave Hirsch. Jay Rossmann Cable & Telecommunication Commission Ron Fine Plan Commission/Zoning Board of Appeals John Gattorna Police Penison Joe Hedrick Traffic Safety Commission Ken Hogan hnk VHADminACommissions\Reappoinmiente/Appoinknen4s Pm~ 2-11-OR Richard T. Flickinger Municipal Center 6101 Capulina Avenue ^ Morton Grove, lllinois 60053-2485 Tel: (847) 965-4100 Fax: (847} 965-4162 ~ _ s0.' ill Plannfing cession Zonixag }Soasai of Agpeats February 11, 2008 Village President Members ofthe Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the ~Jillage Board On January 21, 2008 a public hearing was conducted by the Morton Grove Plan Commission after a legal notice was published in The Champion newspaper on December 27, 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-ll, wherein the applicant Dae Kim, Living Picture Aquariums, 7913 Golf Road, Morton Grove, Illinois 60053, requested a Special Use Permit for a pet store (fsh only) at 7913 Golf Road. Ms. Bonnie Jacobson, Planner, summarized the case for The Village. She explav~ed that the applicant wishes to operate a specialized aquarium store that sells the aquarium supplies and fish. Because the sale of fish qualifies as a pet store, a special use permit is needed. Ms. Jacobson reviewed the applica~rt's operation. The s+aff had no major issues with this case. Mr. Dae Kim, the applicant, presented additional infomlation regarding his proposed store. He submitted brochures depicting his product to the Plan Cormz~ission which were accepted as additional evidence. No interested or concerned parties spoke regarding this case. Commissioner Roepenack added that the Department of Agriculture should be contacted to see if any special license is needed and Commissioner Dorgan commented that there was trash overflowing and on the ground behind the center. A motion was made by Commissioner Dorgan and seconded by Commissioner Gabriel to approve a Special Use Permit for a pet store (fish only) at 7913 Golf Road subject to the following conditions: l . That the proposed aquarium store be constructed according to the floor pla~i dated 1 1/15/07; 2. That the proposed aquarium store be limited to the sale of fish only; and 3. That the proposed aquarium store complies with all pertinent Village codes and ordinances. The motion cu7ied: Yes 6; No 0; Absent 1 Richard T'. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 ~~. Tel: (847) 965-4100 Fax: (8A7} 965-4162 Rccycied Pap The voting: Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Commissioner Gattorna Yes Commissioner Goya1 Absent Commissioner Patel Yes_._. __ Commissioner Roeuenack Yes The "Findings of Fact" for PC07-:' related to the seven standards by which a special use is evaluated is attached to this report. Resp~ ally Submitted, /~ .-/ !' o rk Chairman Commdev/zoning/plancomm/pc07-11 *eport FindinQS of fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unified Development Code upon which the Plan Commission based its decision. 1. Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation o9'the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. • The Plan Commission did not feel that the establishment of this aquarium store that sells fish would be detrimental to or endanger the health, safety, morals or general welfare. ,....._« n..,,., r _ ~rt,e cnPwat iTce. choutd not be injurioas to the use and enjoyment of ,,. Eiu~uwm . •vyCC 7e3 y.,__-__ other property in the immediate vicinity for the uses permitted in the zoning district • The proposed aquarium store will. not be injurious to the use and enjoyment of other property within the shopping center or surrounding neighborhood. 3. Orderly Development -The establishment of the Special Use wiiI not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed aquarinrn store will not impede orderly development as it is a use in an existing shopping center. 4. Adegnate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed aquariwn store is in an existing shopping center where adequate facilities are already provided.. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion ort the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. • The proposed aquarium store, as evidenced by the submittal traffic study shows that there will be minimal traffic impact within the shopping center or on existing neighboring roads. 6. Adequate Buffering -Adequate fencing and/orscreening 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, • The proposed aquarium store is in an existing storefront in an existing shopping center where adequate fencing and screening is already provided. 7. Conformance to ®ther Regulations -The Speeiat Use shalt, in alt 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 Pla^ Commission and the Village Board of Trustees as a part of the special use permit. • The proposed aquaz-iwn store will be required to meet all Village codes and ordinances. ComdevAzoningAp(ancom\pc07-I I findings of fact Legislative Summary Resolution OS-07 AUTHORIZATION FOR THE PURCHASE OF WATCHGUARD DIGITAL IN-CAR VIDEO RECORDING SYSTEMS FOR POLICE VEHICLES FROM THE ILLINOIS STATE BID PROGRAM CONTRACT #PSD-4014193 Introduced: February 11, 2008 Synopses: To authorize the Village President to approve the purchase of three (3) WatchGuard DV-1 digital in-car video recording systems from WatchGuard in Plano, Texas. WatchGuard was awarded by the State of Illinois the I ._,. «. a ~r,o DV-1 Digital l:rCar Video Recording Systems. GVtR10.C+t tp sl'+11 UlV -~ Purchasing the video system from the State Bid Program allows municipalities to bypass formal bid procedures. Purpose; ~ System w?ll replace older VHS based in-car recording systems that are ~ deteriorating in reliability. hl-car video recorders document police activity and can be used far evidence collection, court testimony and refuting claims of police misconduct. Background: ~ The Morton Grove Police Department is constantly upgrading its technology to protect the safety of the public and its police officers and to minimize liability. The Police Department has evaluated the in-car recording system from WatchGuard and has determined et meets flze VIliage's needs and specifications. Three (3) ni-car recording systems were approved by the Village Board to be purchased in 2008 at a cost of $14,346.00 Programs, Departments Police Department and Public Works Vehicle Maintenance. or Groups Affected Fiscal Impact: $14,3A6.00 for three (3) digital in-car recording systems Source of Funds: General Fund 023014-572010 Workload Impact: The ordering will be coordinated by the Police Department. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: S,S,'~/1z!'~' ~`~'~~~'~~ --- Jos-ep~F. ade, Village Administrator Prepared by: ~~- '.~" Reviewed by: aul L. Tasch, Jr., Chij~~f Police Teresa Hoffinan Liston, Corporation Counsel RESOLUTION 08-07 AUTHORIZING TH'E PURCHASE OF IN-CAR VIDEO RECORDING SYSTEMS FOR POLICE PATROL VEHICLES THROUGH THE ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT SERVICES STATE BID PROGRAM WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, iS a ~iuuic rule Uiiit ~>_ gvvciiuucui uuucl file p10VisiortS vi ruucic i w. she 177'v ~.~u~u ~uu iii ui the State of Illinois, can exercise any power and perform any fancticr: pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village Board has authorized the acquisition of in-car video recording systems for Police patrol cars in the Calendar Year 2008 Budget, and WHEREAS, the Police Department has investigated the Village's needs and specifications for in-car video recording systems and has deter°mined WatchGuard, who was awarded the Illinois Department of Central Management Services to sell the WatchGuard DV-I Digital In-Car Video Recording System, is capable of providing the commodity which best meets the Village's needs and specifications; and WHEREAS, funding for the above equipment is included in the Village of Morton Grove 2008 Adopted Budget in Account Number 023014-572010; and WHEREAS, the Chief of Police recommends the Village enter into a purchase contract with WatchCruard for three (3) WatehGuard DV-I In-Car Video Recording systems at a unit price of $4,782.00 and a total price of $14,346.00 including shipping and handling. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLO`v`dS: SECTION l: The Village President and Board of Trustees hereby authorizes the purchase of three (3) DV-1 Digital In-Car Video Recording Systems from WatehGuard per the terms acrd conditions of the Illinois Department of Central Management Services bid, Contract # PSD 4014193, at a unit price of $4,782.00 for a total cost of $14,346.00. SECTION 2: The Police Cluef, Village Administrator, Director of Finatrce andlor their designees are hereby authorized to take alt steps necessary to complete this purchase. SECTION 3: That this Resolution shall be in full force and effect from and after its passage and approval. PASSED this I l`~ day of February 2008. Trustee Brunner i ruste~e K_ogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by me this 11 `" day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 12`h day of February 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-07 AN ORDINANCE GRANTING A SPECL4L USE PERMIT TO ALLOW A PET STORE AT THE PROPERTY LOCATED AT 7913 GOLF ROAD Introduced: ' February 11, 2008 Synopsis: This ordinance wiH grant a special use permit to allow a pet store for fish only to operate at the property Located at ?913 Golf Road, Morton Grove, Illinois. Purpose: This property is located in the 41 General Commercial District. Pet (fish) stores are allowed in that district only pursuant to a special use permit. Background: The applicant, Dae Kim, applied for a special use permit to operate a pet store, selling fish only, at ?913 Golf Road (Washington Commons). A public hearing was held regarding this request before the Vrllage of Morton Grove Plan Commission on January 21; 2008. Village staff had no major concerns with the case azld no interested or concerned parties spoke regarding the matter. The Plan Commission unanimously recommended the Village Board grant the special use to allow a pet store to be known as Living Picture Aquariums within the Washington Commons shopping center. Programs, Departments Building and Inspectional Services; Village Planner; Village Engineer or Groups Affected FiscalImpact: N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to the normal course of business. Admin Recommendation: Approval as presented. First Reading: February 11, 2008, required Special Considerations or None Requirements: fitted: ,,dnse141~~ ~ ad~¢ Village Administrator '~ti_.._~~~- ,~ _ Prepared by: d~~4'~~`,~ ~~ /~/"E'~ Approved by: Teresa Hoffman l~istd~,- orporation Comiset Ed Hildebrandt, Building Commissioner ORDINANCE 08-07 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A PET STORE AT THE PROPERTY LOCATED AT 7913 GOLF ROAD, MORTON GROVE, ILLINOIS 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, mcludmg but not hmrted to the power to tax and incur debt a;:.d WHEREAS, the applicant, Dae Kim, Living Picture Aquariums, 79i3 Golf Road, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of MOIiOri Grove under case slumber PC07-ll requesting the approval of a special use permit to operate a pet store selling fish only at the property commonly known as 7913 Golf Road, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C-7 C=Pneral Commercial District; and WHEREAS, Section 12-4-3D of the T/itlage of Morton Grove Unified Development Code allows pet stores to be located in the C-1 General Commercial District pursuant to a special use permit; and WHERF,AS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in t1~e Village of Morton Grove which publication took place on December 27, 2007, and pursuant to the posting of a sign on the property and. written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on January 21, 2008, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated February 11, 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 Mecting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use ,4mendmenY 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 provisions of the Village of Mortora Grove Munzcipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall he issued subject to the conditions and restrictions as set forth herein. N®W, THEREF®RE, BE IT ®RDAINED BY THE PRESII3EIlTT AId~ID B®ART.D OF TRUSTEES OE THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS >~ aLLQws; SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 7913 Golf Road, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow a pet store selling fish only to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners/lessees, occupants and users of this property, their successors and assigns for the duration of the special use: '1"he proposed aquarium store be constructed according to the floor plan dated November 15, 2007; 2. The proposed aquarium store be limited to the sale offish. and small aquatic animals (such as frogs) only; and 3. The proposed aquarium store will comply with all pertinent village codes and ordinances. SECTION 4: The owners, lessees, occupants, and users of 7913 Golf Road, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terns and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so tong as the owner, occupant and. users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to ainend all pertinent records of the Village of Morton Grove to show and designate the special use. as granted and amended hereunder. SECTION 7: The Applicant(Owner shall. comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pan7phlet form according to law. PASSED this ll`I' day of February 2008. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmaim APPROVED by me this I Ith day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this I I`h day of February 2008. Carol A. Pritrshall, Village Clerk Village of Morton Grove Cook County, Illinois Legis\ord\2008\pc07-I I aquarium 7913 goPF EX~IIBIT "A" i.~ Plammaaflatg C~aean~aa~~i®IIn ~~aaa~g ;~®sr~ riff E~~xgaeai~ February 11, 2008 Village President Members of the Board of Trustees i O1 Capulina. Avenue Morton Grove, Illinois 60053 Dear President It~ier a:.d Members of the Village Board: On January 21, 2"v08 a public hearing was conducted by t ha Morton Cnove Plan Commission after a legal notice was published in The Champion newspaper on December 27, 2007, written notification scut 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 PC07-11, wherein the applicant Dae Kim, Living Picture Aquariums, 7913 Golf Road, Morton Grove, Illinois 60053, requested a Special Use Permit for a pet store (fish only) at 7913 Golf Road. Ms. Bonnie Jacobson, Planner, summarized the case for the Village. She explained that flee applicant wishes to operate a specialized aquarium store that sells the aquarium supplies a~~d fish. Because the sale of fish qualifies as a pet store, a special use permit is needed. Ivls. Jacobson reviewed the applicant's operation. The staff had no major issues with this case. Mr. Dae Kim, the applicant, presented additional information regarding his proposed store. He submitted brochures depicting his product to the Plan Commission which were accepted as additional evidence. No interested or concen~ed parties spoke regarding this case. Convnissioner Roepenack added that the Department of Agriculture should be contacted to see if any special license is needed and Commissioner Dorgan commented that there was trash overflowing and on the ground behind the center. A motion was made by Commissioner Dorgan and seconded by Commissioner Gabriel to approve a Special Use Permit for a pet store (fish only) at 7913 Golf Road subject to the following conditions: I . That the proposed aquarium store be conshliet:ed according to the floor plan dated 1 1 / 1 5/07; 2. That the proposed aquarium store be limited to the sale of fish only; and 3. That the proposed aquarium store complies with all pertinent Village codes and ordinances. The motion caned: Yes h; No 0; Absent 1 Richard T. Flickinger Municipal Center 6101 Capulina Avenue • ?vlorton Grove; Illinois 60053-2485 ~~: Tel: (847) 9C>5-4100 Fax: (847) 1(5-4262 ~~' ;~. Rcc,dca!<. The voting: Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Commissioner Gattorna Yes Commissioner Goyal Absent Commissioner Patel Yes CommissionerRUe„Pn~~>r Yes The "Findings of Fact" for PC07-11 related to the seven standards by which a special use is evaluated is attached Lo this report. Resp~- idly Subrnitted, - . / %''. l o rk Chairman Coromdev/zoning/plancomm/pc07-11 report Findings of Pact Listed below aa'e seven standards articulated in Section 12-16-4C of the i/i.llage ~f Morton Grove Unified Development Code upon which the Plan Commission based its decision. 1. Preservation of Health, Safety, 1l4orals 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 Pian Commission did not feel that the establishment of this aquarium stare that sells 5sh would be detrimental to or endanger the health, safety, morals or general welfare. _. F1~~jacent Properties - T:e SpeciaE Jse ~hin:tlr! net be inj~_erious to the use and enjoyment of other property irr the immediate vicinity for the uses permitted i^ the zoning district The proposed aquarimn store will not be injurious to the use and enjoyment of other property within the shopping center or surrounding neighborhood, 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 aquarium store will not ;n?pede orderly development as it is a use in an existing shopping center. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. - The proposed aquarium store is in an existing shopping center where adequate facilities are already provided. 5. Te-affic Control -Adequate measures have been or will be taken to provide ingress and egress designed to mhtimize 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 aquarium store, as evidenced by the submittal traffic study shows that there will be minimal traffic impact within the shopping center or on existing neighboring roads. 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. • The proposed aquarium store is in an existing storefront in an existing shopping center where adequate fencing and screening is already provided. 7. Conformance to ~8rer Regulations - 'Fhe 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 Co~mnission and the Village Board of Trustees as a part of the special use permit. • The proposed aquarium store will be required to meet all Village codes and ordinances. ComdevAzoaing\plancom\pc07-I I fiildii~gs of fact Resolution 08-08 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAXTER & WOODMAN FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE ELECTRICAL IMPROVEMENTS AT THE NORTH PUMPING STATION Introdnced: February 1 1, 2008 Synopsis: To autha~ize the Village President to execute a professional services agreement with Baxter & Woodman for construction administration services of a backup power generation system at the ]irorth Pumping Station. Pn-e ose: p i t ,,., •,: ov o,;;~o ;^ the meta::ac:~n of T o hire a consuitard wi h c„~~stracticn cversta~it .,.~p.,.~..,.... ,..., i P i S ng tat on ump emergency electrical back-up generation systems for the North Electrical improvements. Background: Presently, the North Pumping Station has four high service pumps of varied capacity whSch deliver water from two ground storage reservoirs into the Vlllage's distribution system. Emergency power/backup pumping for this critical Village infrastructure requires pumping station staff to go onsite and manually start the engine-generators and then manually transfer the power to the loads. In order to improve safety and reliability of this system, a new generator with automatic transfer capabilities is needed. Baxter & Woodman was selected as the engineering consultant and they have successfully completed the plans and specifications. The bid opening for this project is scheduled for February 22, 2008. This contract provides for construction oversight with a consultant who has expertise in the installation of emergency electrical back-up generation systems. Programs, Departments Programs -Capital Improvement Program or Groups Affected Departments -Public Works Department Groups -All residents who rely on the Village's water distribution system for potable water and fire protection. Fiscal Impact: The professional services agreement is a cost-plus fixed fee contract for a value not-to-exceed $15,000.00 Source of Funds: The Village's source of the funds for this project is the Enterprise Fund. Workload Impact: The Public Works Department wit] perform the management and implementation of this program as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: ~. > Respectfully submitted: ~~'~ ~ l G~ ~~~°~~~' 7osep~~F. W ~ e, Village Administrator Prepared by: Reviewed by: Ryan C. Gillingham, Village Engineer Teresa Hoffman Liston, Corporation Counsel RESOLUTION 08-0~ AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH BAXTER & WOODMAN FOR CONSTRUCTION ADMINISTRATION SERVICES FOR THE ELECTRICAL IMPROVEMENTS AT THE NORTH PUMPING STATION WHEREAS, the VIllage of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of governmer=t under the provisions of Article ? of the 1970 Constitution of the State of Ilhnois, 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 distributes potable water to residents and businesses through a network of pumping stations, water mains and other related infrastructure; and WHEREAS, the reliable supply of water to residents and businesses is a critical service provided by the Village; and WHEREAS, the North Pumping Station has four high service pumps of varied capacity which deliver water from two ground storage reservoirs into the Village's distribution system; and WHEREAS, the Village desires to improve the emergency electrical back-up generation systems at the Village's North Pumping Station to improve safety and reliability; and WHEREAS, the Public Works Department implemented a qualifications based selection process, where three engineering firms were interviewed and proposals were submitted for the design of a backup power generation system at the North Pumping Station; and WHEREAS, Baxter & Woodman was selected as the engineering consultant and they have successfully completed the plans and specifications for the improvement; and WHEREAS, the Village is in the process of soliciting bids for the improvement with a scheduled bid opening on February 22, 2008; and WHEREAS, the Village desires to hire an engineering consultant for construction oversight with expertise in the installation of emergency electrical back-up generation systems to ensure the contract documents are followed; and WHEREAS, the Village recommends Baxter & Woodman to provide construction administration services based on their familiarity with this project and their expertise in providing construction oversight for this type of work in anot-to-exceed amount of $15,000; and WHEREAS, funding for this work is included within the Enterprise Fund in the 2008 Budget. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLi,OWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute a professional services agreement between the Village of Morton Grove and Baxter & Woodman for construction administration services of a backup power generation system at the North Pumping Station. SBC'I'ION 3; "1 he Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of this agreement with Baxter & Woodman. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 11`" day of February 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED by me this 11`h day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 12`x' day of February 2008 Carol A. Fr~itzshall, Village Clerk Village of Morton Grove Cook County, Illinoss Legislative Summary Resolution 08-09 AtiTHORIZING THE PURCHASE OF A NEW PORTABLE SMALL DIAMETER SEWER PIPE TELEVISION INSPECTION SYSTEM Introduced: February 11, 2008 Synopsis: This resolution will authorize the Public Works Department to purchase a sewer pipe television inspection system. Purpose: To purchase a new sewer pipe television inspection system in order to accurately identify pipe conditions throughout the Village's sewer system. Background: The Sewer Department on a yearly schedule (through the bid process) relies on tl:e sexE~ices of an outside contractor in order to inspect its sanitary, storm, and combination sewers. Purchase of this system will provide the department greater flexibility throughout the year to perform such inspections. Programs, Departments Public Works Sewer Department and Finance Departments or Groups Affected Fiscal Impact: Once the equipment is paid for - a savings of approximately $10,000 per year will be realized through the elimination of anout-sourced televising program. Source of Funds: Enterprise Fund. Workload Impact: The implementation of this purchase is done as part of the normal operations of the Public Works and Finance Departments. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or Purchase of this equipment will allow the department to eliminate its Requirements: outsourced televising program. This will allow the use of the newly purchased equipment 12 months a year to inspect Village sewers as needed ~ instead of just one or twa weeks per year. a .- , Respectfully submitted: ~' ~r ' ~^, ~ -:a~ Jos ~ h F. ' ade, Village Administrator Prepared Uy: ~ _.~ Reviewed by: Ai De Monte, Director of Public Works Teresa Hoffinan Liston, Corporation Counsel xESOLUTio~r a~-o9 AUTHORIZING THE PUKCHASE OP A NEW PORTABLE SMALL DIAMETER SEWER PIPE TELEVISION INSPECTION SYSTEiVI WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule m2it of govermnent 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 .~, , ~ '1 --° - ~-'--._. -------'------__.._.._ .ter ..:.-.,_, w FiEREAa, the puronase ut a sewer ptpc tctcvtston inspection sy~tcm is ucccssaiy w ciiwuvciy triaintain safe and efficient sewer maintenance throughout the Village; and WHEREAS, the Public Works Department advertised in the January 3, 2008, issue of the Pioneer Press Newspaper inviting bids wherein three suppliers subsequently picked up bid packets; and WHEREAS, three bids were received, publicly opened and read at the Public Works Facility at 10:00 am on Friday, January 25, 2008, with the bid results as follows: Supplier Total EJ Equipment $34,800.00 Sewer Equipment of America $36,211.00 UEMSI $39,965.69 ;and WHEREAS, the apparent lowest bidder, EJ Equipment of Manteno, Illinois 60950 was rejected after confirmation of the bid materials, due to noncompliance with the Village's bid specif cations (See Attachment "A"); and WI IEREAS, the next responsible lowest bidder, after conf rmation of bid materials, is Sewer Equipment of America of Glenview, Illinois 60025; and WHEREAS, Public Works has successfully purchased sewer equipment from Sewer Equipment of America in the past; and WHEREAS, the bid materials have been confirmed and the qualifications of this next lowest bidder has been verified; and WHEREAS, funding for the above purchase was approved and included in rite Village of Morton Grove 2008 Adopted Budget under Account Number 405034-572010, which provides funding for machinery and equipment purchases; and WHEREAS, the Director of Public Works recommends the Village enter into a purchase conh•act with Sewer I^;quipment of America of Glenview, Illinois 60025 at a cost not to exceed $36,21.1.00. NOW, TI3EREFORE, BE IT ORDAINED BY TI3E PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L• The Co!porate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the Endings as hereinabove set forth. SECTION 2: That only those companies listed and described in this Resolution for the purchase of a New Small Diameter Sewer Pipe Television Inspection System be approved in this Resolution. SECTION 3: Tile 1 Director of Public Works of the V"illage of ivtorton Grove andior his designee is hereby authorized to execute the Purchase of a New Small Diameter Sewer Pipe Television Inspection System for a total amount not to exceed $36,211.00 from Sewer Equipment of America, Glenview, Illinois 60025. SECTION 4: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED this 11`" day of February 2008. Trustee Brum~er Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmami Trustee Thill APPROVED by me this 11`" day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office Thin t 2`" day of February 2008, Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois SMALL DIAMETER PIPE TELEVSION INSPECTION SYS"TEM Page 1 of 1 From: Joe Dahm Sent: Monday, February 04, 2008 9:42 AM To: Andy DeMonte Subject: 2008-2-4-Attachement A SMALL DIAMETER PIPE TELEVSION RvSPECTION SYSTEM ATTACHMENT - A Non-Compliant Specifications: After review of the bids submitted by on January 25, 2008, the apparent low bidder was EJ Equipment. However there were three specifications that were marked "Yes" on the bid proposal submitted by EJ Equipment that are non-compliant with the specification as stated in the bid document and below: Section 5 ZOOM PAN AND TILT CAMERA with Internal Long lasting LED Lighting. Paragraph 5.5 The camera shall provide continuous 360 degrees of radial rotation viewing without requiring reversal of rotational direction. The Village of Morton Grove has evaluated both continuous rotation and limited rotation cameras and has determined that only continuous rotation cameras will be accepted. Non-Compliant 2. Paragraph 5.42 Built-in Diagnostic System shall monitor internal camera conditions including camera current, lighthead voltage, internal pressure and humidity levels. The Village of Morton Grove has determined that cameras that do not contain abuilt-in diagnostic system that constantly makes the operator aware of internal camera condition shall be deemed unacceptable. Paragraph 5.43.3 The camera's internal pressure parmetes. Non-Compliant Section 7 CAMERA DIRECTIONAL LIGHTING SYSTEM Paragraph 7.3 The system shall utilize a long life LED lighting system, The Village of Morton Grove has evaluated different types of systems and concluded that only cameras that utilize LED lighting will be deemed acceptable. Non-Compliant EJ Equipment did not meet these specifications. The next apparent low bidder was Sewer Equipment of America meeting all of the Small Diameter Pipe Television Inspection System specifications. file://C:\Documents and Settings\slattanzi\Local Settings\Temporary Internet Files\OLKC\2... 2(4/2008