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HomeMy WebLinkAbout2008-02-25 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER February 25, 2008 Meeting 7:30 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. 5 6. 7 8 9 Approval of Minutes - Regular Meeting, February 11, 2008 Public Hearings Special Reports a. Swearing in Ceremony for New Firef ghter/Paramedic Joel C. Lucero to be Presented by Fire and Police Commission Chairperson Michael Simkins b. Presentation Regarding Recycling Services and Programs by Mary Allen of the Solid Waste Agency of Northern Cook County Resident's Comments (agenda items only} President's Report -Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Request from the Morton Grove Foundation to Place a Fundraising Display at the Civic Center b. Appointments Clerk's Report -Condominium Association, Advisory Commission on Aging 10. Staff Reports a. Village Administrator 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 Review, Solid YVaste Agency of Northern Cook County (Trustee Kogstad) b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) o. Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Conwniitee, Chamber of Commerce (Trustee Thin) d. Trustee Minx -Finance Depm~tment, Real Estate Committee, Plan Commission, Ferris/Lehigh TIF Review, Fire Depm~tment RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackfnann) 1) Ordinance OS-07 (Introduced February 11, 2008) Granting a Special Lse Permit to Allow a Pet Store at the Property Located at 7913 Golf 2) Resolution 08-10 (Introduced February 25, 2008) Authorizing the Execution of a Professional Services Agreement with McDonough Associates for Engineering and Design Services for the Lehigh/Ferris Tax Increment Financing Redevelopment Project Area e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Conanzunications, Dempster Street Corridor Flan (Trustee Brunner) i) Ordinance 08-09 (Introduced Feb°uary 25, 2008) Amending Title 10, Chapter 4 Entitled Elevator Regulations of the Municipal Code of the Village 2) Ordinance 08-10 (Introduced February 2~, 2008) Amending Title 10, Chapter 9 Entitled Fences of the Municipal Code of the Village of Morton Grove 3) Ordinance 08-ll (Introduced February 25, 2008) Amending Title 10, Chapter 1, Article A Entitled Permit and Plan Review Fees of the Municipal Code of the Village Trustee Thill -Public Works, Capital Projects, Traff c Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County (Trustee Marcus) 12. Other Business 13. Presentation of Warrants - $783,185.52 14. Resident's Comments 15. Executive Session -Personnel, Labor Negotiations, and Real Estate 16. A(1j0uCnment - To ensure full accessibility and equalparticipation for all interested citizens, individuals with disabilities who plan to adend and who require certain accommodations in order to abseive and/or participate in this meeting, or who hm~e questions regm~ding the accessibility ofthese,facilities, are requested to contact Susan or Marlene (847/470-J220) yromptty to allow the pillage to make reasonable accommodations. 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. 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 28, 2008 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 January 28, 2008 Regular Meeting Minutes as presented. Motion passed unanimously (with one absent) via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS Chairman Farkas of the Plan CommissionlZoning Board reported on this case. The Applicant, Dae Kim, of Living Pictures Aquariums, would like to open afish-only pet store in Washington Commons Shopping Center. Because it qualifies as a pet store, a special use permit is needed. Chairman Farkas said this is a "straightforward" case. Mr. Kim will sell aquariums that hang on the wall. His hours will be from noon to 8:00 p.m. Monday through Friday, and Saturdays from 11:00 a.m. to 7:00 p.m. A traffic study was submitted, indicating that there is more than sufficient parking available at the shopping center. No interested or concerned parties testified at the hearing. The Plan Commission voted unanimously, with one absent, to recommend approval of this Special Use Permit request. Mayor Krier asked if any of the Board members had any questions for Chairman Farkas. No one did. Trustee Minx therefore moved to accept the Plan Commission's report, seconded by Trustee Thill. Minutes of February 11, 2008 Board Meetingf V. SPECIAL REPORTS (continued) Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad afire Tr. Marcus awe Tr. Minx awe Tr. Staackmann afire Tr. Thill aye VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Mark Matz. Mr. Matz was concerned with the recent "unannounced and un-Board approved" appointment of Bill Zimmer to the Appearance Commission and the "gratuitous" public release of Commissioner Goyal from the Plan Commission. He wondered "why now?" and "why so fast?" Mr. Matz pointed out that the appointment of Mr. Zimmer did not follow past procedures of the Village, pointing out,. for example, that a vote was taken to concur with the Mayor's appointment of former Trustee Dale Senensky to a vacated position on the Traffic Safety Commission. He wondered what the reason was behind this apparent change in policy, and wondered why the policy hadn't been applied equally. Mayor Krier said it sounded like this was going to get "political" and assured Mr. Matz that nothing had changed. He said it was clear to him that no one was questioning the quality of his appointments, and pointed out again that the Plan Commission is one of the most important commissions in the Village. He said this was about "due process" for the people of Morton Grove. Mayor Krier said that, in his opinion, the "urgency was there" to remove Commissioner Goyal and expressed regret that this was now "going down the political road". He noted that there are several members of various commissions who have fought against him politically yet he still has reappointed them, although he doesn't have to. The mayor said that all the trustees were informed about the action prior to him taking it, yet no one called him. Instead, it was brought up at a public meeting. He said that Mr. Zimmer's appointment to the Appearance Commission will be up in April, at which time he'll be slated for afull-term appointment. Mayor Krier decried again the fact that this appeared to be "petty politics". b. Patrick Kansoer. Mr. Kansoer spoke about the Capulina right-of-way lawsuit, urging the Board to consider going forward with the appeal because not to do so would seta prece- dent-a precedent of the Village walking away from public land that should be owned by every citizen. He pointed out that there is no park /green space in the area bounded by Austin Avenue, Lincoln Avenue, Dempster Street, and the Edens Expressway, other than the green space that a judge has now ruledrs owned by the MCC. Mr. Kansoer distributed copies of the Mediation Agreement to the Board, asking them to note that the agreement states in Article 9 that, if there is a final court ruling stating that the MCC has unencumbered rights to the property comprising the Capulina ROW, then the mutual cross-license will terminate and all licenses granted thereunder will no longer be in effect. He said he understood that the cost of going forward with the appeal is something the Board has to take into consideration, but reminded them that the last time they decided not to pursue a lawsuit, it ended up costing over $2 million dollars for a piece of property that remains undeveloped. He asked the Board to stand up and do what's right, not what's politically popular or politically correct. c~ Nancy Canning. Mrs. Canning commented that she had been appointed to serve on two commissions but came to feel that she couldn't do a good job on one of them because of other time commitments she had, so she resigned from that particular commission. She said she did not understand why someone serving on a commission could not make an effort to let people know when they wouldn't be able to attend a meeting. She said commissioners "need to be there to get the job done" and that they should let people know when they can't attend. Minutes of February 11, 2D08$oard Meeting'. VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) d. Mr. Khan. Mr. Khan responded to several inaccuracies in a previous speaker's statement. He noted that the Capulina right-of-way is a narrow strip of land that was never being used as a park. He felt it was being used as a tool to stop the mosque. Mr. Khan said the property is paid for and maintained by the MCC. He said the Park District had no plans for that property, and pointed out that the MCC wants green space, too. Ne said there weren't many neighbor- hood kids who used that space, and felt that "lack of green space" was not the right legal reason to dispute the judge's ruling. VII. Trustee Thill asked Mr. Khan if he was in a capacity to speak for the MCC. Mr. Khan said he was not. Trustee Thill asked Mr. Khan to take a question back to the MCC: If the Board post- poned making a decision this evening about whether or not to go forward with the appeal, would the MCC be willing to work out an agreement with the Village and/or the Park District for maintenance of the property in exchange for the MCC leaving it as open, green space? Mr. Khan said he thought that was addressed in the Mediation Agreement. They are already maintaining it and it will be in the future. Trustee Thill said, in the agreement, it says if the MCC has custody of the ROW, previous agreements are "off the table" and the MCC would be able to restrict the use of that green space. That's why he asked the question. Mr. Khan said that MCC members are also residents of that neighborhood, and they use the property. Mr. Khan said that he would take Trustee Thill's question back to the MCC for discussion. PRESIDENT'S REPORT a. Mayor Krier asked if anyone wanted to make a motion to direct Special Counsel to withdraw or proceed with the Notice of Appeal in the matter of the Capulina right-of-way. Trustee Staackmann moved to proceed with the appeal, seconded by Trustee Thill. Trustee Staackmann said that the Park District had been very interested in that property for a park before it was sold. They had been waiting for a clarification as to the owhership of the right-of-way-something which should have been settled 20+ years ago. He said he didn't know if the Park District would still be interested, but reiterated that they once were. The School District had only wanted to sell the whole parcel, not just that one piece. Trustee Staackmann said he grew up in that neighborhood and could remember when the whole field was empty. He felt there's definitely a need for green space or a park there, and said that this is the Village's last option to have open space in that area, or the possibility of a park in that area, one that could be enjoyed by all residents, with professional playground equipment, etc., not an area to be used by just one group. He said, "If we stop now, we can never go back again." Trustee Marcus asked, if the Board does not take action tonight, what is the timeframe in which they must make adecision--does it have to be today? Corporation Counsel Liston explained that, when a Notice of Appeal is filed, the Village has a finite amount of time to prepare for the appeal. They have to produce the record, get a transcript of the proceedings and put a package of documents together for the Appellate Court. Briefs must be prepared. It is also possible to request an extension, although sometimes those motions are granted and sometimes not. Trustee Marcus asked what position the Village would be in if it asked for an extension but the motion was not granted. Ms. Liston said that Special Counsel needs time to prepare the appeal, should the Board decide to move forward with it, and she urged the Board to make their decision sooner, rather than later in order to give the attorneys adequate time to prepare. Minutes of FebruaN 11, 2DDB,BOard Meetings VII. PRESIDENT'S REPORT (continued) Trustee Thill asked if this could be discussed in Executive Session. He wanted to know what his fellow trustees thought about his proposal, which he had asked Mr. Khan to take back to the MCC for their thoughts and discussion. Mayor Krier pointed out that a binding vote cannot be taken in Executive Session, and suggested to Trustee Thill that perhaps the Board could adjourn to Executive Session now. Trustee Thill moved to adjourn to Executive Session to discuss pending litigation. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad aye Tr. Marcus aye Tr. Minx afire Tr. Staackmann a~~e Tr. Thill a~ The Board adjourned to Executive Session to discuss pending litigation at 8:07 p.m The Board reconvened at 8:22 p.m. Mayor Krier called for the vote on the motion to proceed with the appeal. Upon the vote, the motion failed: 2 ayes, 4 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus n_y Tr. Minx ~ Tr. Staackmann aye Tr. Thill n~ Trustee Thill prefaced his vote by asking Mr. Khan again to bring the question to the MCC: will they keep it as open, green space? Trustee Kogstad prefaced his vote by stating that the Village has a legal opinion that says it has a good chance to win on appeal. He felt the Village should take Special Counsel's advice. He also felt that property rights are one of the "fundamental" rights people have, and felt the Village should pursue the appeal. Trustee Marcus prefaced his vote by noting that this is a tough decision for each Board member to make, and it's a decision that reflects on the whole community. Some will accept it, some won't. He felt the Village should move forward on this issue since it's finally been adjudicated. Trustee Marcus said he was concerned about continuing to use money for an appeal that could go even further. He agreed that the issue should have been properly filed in the 60's. He felt the future would be better for Morton Grove as a community to just move forward. b Mayor Krier called on Police Chief Paul Tasch to make a presentation to the assemblage about the recent burglaries throughout the Village. Chief Tasch began by explaining the difference between "robbery" and "burglary"-a robbery is a "face-to-face", personal situation where money or valuables are taken from a person; a burglary is when someone unlawfully enters a structure and takes something. Chief Tasch said that 95 burglaries had occurred in 2007; the ten-year average is 93 burglaries annually. So far, in 2008, 15 burglaries have occurred. He felt it might have something to do with the economy. Chief Tasch said that burglars are opportunists. They look for an opportune time to break in and generally go for cash and jewelry. They are generally in and out within 5 to 10 minutes. He said the Police Department really needs community involvement in order to catch burglars. Ne asked that people call 911 anytime they see something suspicious or something that gives them a gut feeling that things "aren't right". MinutesMFebruary 11, 2006 BOaM Meeting' VII. PRESIDENT'S REPORT (continued) Chief Tasch said they've begun tracking burglary occurrences on a map of the Village, courtesy of Ryan Gillingham, Village Engineer. They study areas of concentration so that the direct patrol officers and detectives can focus on those areas, but he admitted that it mostly takes luck to catch a burglar. The chief had some flyers available about burglary protection and said more flyers are available at the Police Department. The police will also do a home security survey and provide residents with tips about their security-just call the Police Department non-emergency number. Mayor Krier noted that the Police Department is being proactive. He cited an example where a resident told him that the police had called her to let her know her garage door was open. By the time she went to close it, they had already done so for her. c. Public Works Director Andy DeMonte gave the Board a brief update regarding the status of the Village's salt supply and snow removal to date. Mr. DeMonte said the Village usually purchases its salt supply in the summer-the State goes out to bid in May so municipalities participating in the State purchasing program have to commit to quantities of salt in June. For the past five years, Morton Grove has taken 3,500 tons of salt, which means it has to commit to purchasing at least 70% of that, but it can also take an additional quantity, as much as 130%, of that amount. By the second week of January, the Village had already taken its 130%. Public Works staff began calling other companies to try to obtain additional quantities of salt, and luckily found one that sold the Village another 1,000 tons of salt at $52 per ton (the State purchase price was $40.70 per ton). The last couple of snow storms, in an effort to conserve its remaining salt supply, Public Works has cleaned all the intersections, but not all the side streets, and has begun mixing sand with salt. The Village has 800 tons of salt left, which Mr. DeMonte said, would get the Village through another two or three snowstorms-but not five or six. From January 1, 2008 through February 8, 2008, the Village has spent $315,000 on snow removal. Last year for that same time period it was $65,000. Public Works has been out plowing and salting 25 times this year...last year for the same time period, they had been out 9 times. He asked the Board and the residents to please be patient-we'll get through this! Trustee Staackmann asked what the average price of salt per ton is now. Mr. DeMonte said that Niles just paid over $100 a ton for some-it's coming from Kentucky. Trustee Marcus thanked Mr. DeMonte and the Public Works Department. He said that we, as a community, have been "spoiled". He's told his friends and neighbors who are concerned that it's the very unusual weather we've had that's complicating things. He encouraged everyone to please do their best to get their cars off the street when it snows or when snow is in the forecast-it makes the job a lot easier for Public Works to clear the streets curb to curb. Trustee Marcus also noted that there are many neighbors who plow out the sidewalks for their neighbors, without being asked. He called it a "wonderful gesture" and complimented every- one who does that. Trustee Thill agreed with Trustee Marcus, and said that, even if a resident doesn't have a driveway, they could ask a neighbor who does have one if they could put their car there during a snowstorm. He also noted that there are many businesses who do not shovel their side- walks. He urged them to dd so, saying, "It's good for your business to do that." Mayor Krier then sought the Board's concurrence for several reappointments, as follows: -- Minutes of FebruaN 11, 20086oard Meeting VII. PRESIDENT'S REPORT (continued) Advisory Commission on Aging: Diane Grigg, Lorraine Meyer, Anne Marrazzo, and Jack Malloy. Trustee Minx moved to concur with these reappointments, seconded by Trustee Marcus. Motion passed unanimously via voice vote. Appearance Commission: Dave Hirsch and Jay Rossmann. Trustee Minx moved to concur with these reappointments, seconded by Trustee Marcus. Motion passed unanimously via voice vote. Cable & Telecommunications Commission: Ron Fine. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Plan Commission/Zoning Board of Appeals: John Gattorna. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Police Pension: Joe Hedrick. Trustee Minx moved to concur with these reappointments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Traffic Safety Commission: Ken Hogan. Trustee Minx moved to concur with these reappoint- ments, seconded by Trustee Brunner. Motion passed unanimously via voice vote. Trustee Thill then moved to rescind the action taken at the January 28, 2008 Board Meeting, wherein Commissioner Loyal was removed from the Plan Commission. Trustee Marcus seconded the motion for discussion. Mayor Krier said that he thought the motion could be reconsidered, so Trustee Thill's motion was to reconsider. Trustee Thill said that, when the Board received attendance data-following the removal of Commissioner Loyal-he noted that three other individuals on that same Commission had the same attendance record as Mr. Loyal, and he wondered why Mr. Loyal had been singled out. Trustee Thill said he personally would have liked to have been able to postpone taking any action until Mr. Loyal returned home to be able to speak to the Mayor and the Board. He said he had spoken with Mr. Goyal's son and had asked him to relay a message to his father to call him, but Mr. Loyal did not. However, he did receive (and read for the record) an email that he had received from Mr. Loyal, addressed to the Mayor and the Board, which stated, in part, that Mr. Loyal was "outraged and mortified" by the Board's action in removing him. Mr. Loyal said he had never received any notification that his seat on the Plan Commission was in jeopardy. He said he had consistently let the Chairman know when he would be absent. He said his "good name" had been tarnished in the community, and wondered if anyone else had been absent as often, and if so, why was he being singled out. Mayor Krier said this disturbs him. He said he did not receive the email, and that the intent had not been to tarnish Mr. Goyal's name. He noted that Trustee Thill had not called him to discuss his concerns. The mayor said that he did not have to share the attendance informa- tion, but felt it was appropriate to do so. He pointed out that Mr. Loyal not only missed meet- ings last year, but missed January's and February's meeting as well, and said that there were other commissioners whom he felt shouldn't be serving, but he's talked with them privately and will let their appointments stand. .~: VII. PRESIDENT'S REPORT (continued) Trustee Thill said he had no problem with the Mayor's appointment, just the way it had been done. He said he was concerned about the methodology. Mayor Krier reiterated that he was disappointed that Trustee Thill had not called him to discuss this. He felt that Trustee Thill's motives were political, because he was bringing this up publicly, not privately. Trustee Thill disagreed and stated that, in his heart, this was not political. Trustee Minx said that it is very unfortunate that Commissioner Goyal's name has been dragged through the press; however, having attended almost every Plan Commission meeting since being elected, she felt that the residents' interests were not being held to the highest standards as they can be when Commissioners are appointed but then turn away from their fiduciary responsibility by being consistently absent. Most people make every effort to show up and be on time. She cited a couple of examples of Plan Commission cases and said it's not fair to the businesses or residents to have to delay their projects because commissioners are absent. Mayor Krier asked Trustee Thill why he thought Mr. Loyal had been removed, and if he thought these absences was appropriate behavior for a Commissioner. Trustee Thill said he was concerned because others on various commissions had similar attendance records but had not been removed. Mayor Krier said there were other factors with Mr. Loyal that he had considered, other factors that had led to his recommendation to remove him. Trustee Thill said he was looking for parameters and methods. Trustee Marcus said he shares Trustee Thill's comments about the fact that a number of other individuals missed a similar amount of meetings. He said he would've liked to have that information before he made his decision. He said he believed that it's important to live up to their commitment when they agree to serve on a Commission. Trustee Marcus was con- cerned about the communication with Mr. Loyal. He said he personally would have liked to see it be face-to-face, with either a request for resignation or a commitment from the individ- ual. He said his decision was made on the commentary he heard at the time, but was an incomplete picture. Therefore he could understand a motion to reconsider and to speak to the Commissioner face-to-face. Mayor Krier said he didn't know how long Commissioner Loyal was going to be away. He said he did try to contact him, without success, and ultimately had to make a judgment on "what was the greater good". He said that he had informed the Board, but no one had called him or had spoken with Chairman Farkas. Nothing was brought up until it was brought up publicly. Trustee Brunnd.r noted, regarding absent members of other commissions, that many of those commissions are advisory in nature, and therefore their work can go on in spite of members being absent. There are only a few commissions that a part of the Procedural Control proc- ess, which are the commissions where residents and homeowners need timely decisions. She said she had received the same email and said the mayor didn't know how long Mr. Loyal would be out of town. Mayor Krier said that was a good point. He said that attendance doesn't tell the whole story. He said he felt terrible about the way it's been handled but did not think he was at fault; rather, there was "grandstanding" going on to make the mayor look bad. He pointed out that Mr. Matz, the campaign manager for the Action Party, was the one who brought this up earlier today. ,,: VII. PRESIDENT'S REPORT (continued) The mayor said he had just reappointed an individual who filed an objection to his party's petitions. He said he didn't have to, but he wasn't "playing politics", as others are. Trustee Staackmann said that he had called Chairman Farkas and had said so at the last meeting, and that Chairman Farkas indicated that he knew Mr. Goyal was out of town on family business. He agreed that something should be done about non-participating members of commissions, but was concerned about the process. Trustee Staackmann said he did not feel that a phone call was adequate; he felt that a letter to the individual should be sent as well. That would have been more professional. He said that Mayor Krier has always said that he wants his administration to be "open and transparent", and, based on that premise, he was bringing up his concerns in public for a full discussion. Mayor Krier said his point was to avoid dragging this individual's name through the mud. Trustee Staackmann felt it could have been avoided if the motion to table would have passed. He pointed out that, if the Board is going to look at removing people from commissions for absenteeism or for non-participation, it should be across the board-not just singling out one individual. Trustee Staackmann noted that the Mayor has been keeping track of attendance for the past couple of years, and he felt that the mayor should have let the Board know that there was a problem earlier on, so that some action or discussion could have occurred earlier. Mayor Krier called for the vote on the motion to reconsider the vote to remove Mr. Goyal. Trustee Marcus asked, if the motion to reconsider fails, then that's it. But if it passes, does that mean we vote again on the original motion to remove him? Corporation Counsel Liston ad- vised that the motion could be to reconsider and rescind if the Board didn't want to take two votes. Trustee Thill amended his motion to be a motion to reconsider and rescind the motion to remove Mr. Goyal. Trustee Marcus amended his second. Upon the vote, the motion passed:4 ayes, 2 nays. Tr. Brunner n~ Tr. Kogstad aye Tr. Marcus a~~e Tr. Minx ~ Tr. Staackmann ~ Tr. Thill a~ Trustee Minx prefaced her vote by saying she felt this was a farce; that Mr. Goyal has been dragged through the mud enough, and his continued absences from the Plan Commission are not fair to the residents. Trustee Brunner asked what happens now to the appointment of Andrew Syzmanski. Mayor Krier said he had no idea-this is brand new territory. Corporation Counsel stated that there is no longer an opening on the Plan Commission for Mr. Syzmanski. She asked the mayor if Mr. Syzmanski had formally resigned from the Appearance Commission. Mayor Krier said he thought so, but said he hadn't received a letter. of resignation from Mr. Syzmanski. Ms. Liston said, if there was no letter, it could be construed that he had not resigned from that commission. She asked if there were any additional vacancies on the Appearance Commission. Mayor Krier said no, there's not. Ms. Liston said it was her understanding that Mr. Zimmer had already attended an Appear- ance Commission meeting. Mayor Krier wondered if that meant that any actions taken at that meeting would now become null and void. Ms. Liston asked if there had been a quorum at the Appearance Commission meeting, without counting Mr. Zimmer. Trustee Thill, who had attended that meeting, said there was. Mayor Krier asked Trustee Thill if he would entertain a motion to discuss this matter with Mr. Goyal upon his return, before putting him back on the Plan Commission. Trustee Kogstad said it was his understanding that, because the motion to reconsider and rescind the removal _. .. Minutes of Februa 11, 2008:BOard Meetin" VII. PRESIDENT'S REPORT (continued) of Mr. Loyal had been approved, that Mr. Loyal is now back on the Plan Commission. Trustee Marcus asked if, since the motion passed, did the Board have to go back and rescind other actions it took in relation to this? Ms. Liston responded that the Board had only taken one other action: concurrence with the appointment of Mr. Syzmanski to fll the vacancy on the Plan Commission left by the removal of Mr. Loyal. The Board could reconsider and rescind that, as well. She said there was old case law (from 9925) that says that the Board can't reconsider an action if it will "intervene with the rights of a third party." Ms. Liston said she is concerned that the Board, in trying to make things right with Mr. Loyal, is interfering with Mr. Syzmanski and Mr. Zimmer. However, the case law does say "rights", and she did not feel that anyone could say they have the "right" to be on the Plan Commission or Appearance Commission. Mayor Krier suggested that the Board rescind what it just did. Ms. Liston said that 4he Board needs to put everything back the way it was. Mayor Krier said the Board can't appoint and he wasn't going to. Trustee Marcus wondered if the Board's action tonight superseded other actions it had taken previously. Ms. Liston clarified that, if Mr. Loyal was now considered not to have been removed from the Commission, there is no vacancy to which the Mayor could appoint Mr. Syzmanski. She said, "You can't appoint someone to a position that isn't there." Trustee Marcus said, on that basis, a vote was taken to rescind the dismissal, which overrides anything else that happened based on that removal. Mayor Krier said he disagreed with that premise. Trustee Staackmann felt this should be tabled for further research by Corporate Counsel. Mayor Krier asked what exactly was being tabled. The motion has already been voted on. Trustee Minx pointed out that the Plan Commission meets one week from today. Trustee Thill felt there would be a quorum. Trustee Minx said the point is, with four commissioners in attendance, if there's one dissenting vote, that could mean that a person requesting some- thing could be turned down and then could not bring the request back to the Commission for a full yeas Trustee Thill moved to "step back" the two appointments of Mr. Syzmanski and Mr. Zimmer. Mayor Krier did not feel that was possible. He said that it would appear that a motion to rescind each appointment would be necessary. Trustee Minx asked, what about the business taken at the Appearance Commission meeting which Mr. Zimmer attended? Would they be rendered null? Trustee Thill said he did not feel they would, because, at the time the business took. place, Mr. Zimmer was a sitting member of that Commission. He said he was not retro- actively removing him. Trustee Minx said that, by rescinding, that was, in fact, what was happening. Mayor Krier felt this was aII a "big mess" and asked Trustee Thill what he wanted to do about it. Trustee Thill agreed that it was muddled up and reiterated that his focus was on the methodology. He said that if the Board would have waited until Mr. Loyal returned, there would be no "mess". He said that he voted to postpone this matter. Mayor Krier pointed out that the motion to postpone failed, so now Trustee Thill was trying a "new way' to take care of the matter. Trustee Kogstad stated that this is a legitimate way of conducting business and that Trustee Thill had every right to do this. Trustee Marcus said that if no resignation letter from Mr. Syzmanski has been received, it appears he could go back to the Appearance Commission. Mayor Krier disagreed. He said that he is the only one who can remove people from a Commission, and felt the best answer would be to rescind the action the Board had just taken. ,,: VII. PRESIDENT'S REPORT (continued) Trustee Kogstad said the decision has been made. He said that Corporation Counsel had provided a recommendation that the Mayor disagrees with: basically, that if Mr. Syzmanski has not submitted a letter resigning from the Appearance Commission, then effectively, he hasn't resigned. Mr. Goyal has been reinstated. Mayor Krier disagreed and asked Ms. Liston to weigh in. She responded that she would prefer to give her opinion in private, unless the mayor said otherwise. Mayor Krier indicated that he wanted her opinion now. She said she could research it but didn't think she'd find a case to mirror this situation. She repeated that "you can't appoint someone to a seat that doesn't exist". She felt that the appointment of Mr. Syzmanski to the Plan Commission couldn't occur if the seat wasn't vacant. Mayor Krier asked her if it was her opinion, then, that everything just goes back to the way it was? Ms. Liston responded that it would be clearer to do that. Trustee Brunner wondered about the actions taken at the Appearance Commission-was he a sitting member of that Commission? Ms. Liston said she'd like to have more facts before rendering an opinion. She had questions such as: what occurred, who was there, were they advisory-type decisions? Ms. Liston said she'd caution Mr. Syzmanski not to be seated at the Plan Commission meet- ing because the validity of his votes could be called into question. She hoped that, by the next Board meeting, she'll have a clearer picture of what happened at the Appearance Commission meeting and be able to sort it all out. Trustee Brunner asked if Ms. Liston was advising that no further action be taken this evening. Ms. Liston replied that the only action the Board could take would be to reaffirm that Mr. Syzmanski is still a member of the Appearance Commission, but that is action that doesn't need to betaken this evening as the Appearance Commission doesn't meet until March. Trustee Marcus said that, basically, the record should show what we've said and would show that we're awaiting further clarification regarding Mr. Syzmanski and Mr. Zimmer. Trustee Brunner said that, if she was a commissioner being appointed, she would worry about her future standing because of what just happened. Mayor Krier agreed, and felt that Mr. Syzmanski had been damaged now. Trustee Kogstad said, better that and have people know what the rules are and what the procedures are for removing someone. He pointed out that there are 10 or more people who missed as many meetings, yet one was removed arbitrarily. Trustee Kogstad said, "Let's sit down and take a look at this." There should be a better procedure in place, one that's fair for everyone, and then everyone will feel more comfortable. Trustee Minx said that all commissioners need to take to heart the fact that the Board is disappointed in these attendance records. She said there are situations that come up, but as a whole, attendance is v~ important. Mayor Krier said the Board followed the law but found fault with his judgment. He was concerned about people not getting a full hearing. because the Board is worried about hurting someone's feelings. This is "Monday morning quarterbacking" and now the Board looks foolish. He asked Ms. Liston what the status is of Mr. Syzmanski and Mc Zimmer. Ms. Liston said an appointment to a position that doesn't exist is void. Mayor Krier said it existed last week but doesn't now. Ms. Liston said she'd like an opportunity to research this further. She suggested that Mr. Szymanski refrain from attending the Plan Commission meeting. ~o Minutes of FebruaN 11, 20088oard Meetin91 VIII. CLERK'S REPORT Clerk Fritzshall had no formal report, but announced that the Advisory Commission on Aging would meet tomorrow at 1:00 p.m. The Commission meets monthly; she encouraged every- one to attend. IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: STAFF REPORTS TRUSTEES'REPORTS Trustee Brunner had no formal report. She said that the Senior Center is still accepting memberships. Those interested should call the Senior Hotline at (847) 470-5223. Trustee Brunner announced that the Sharps and pharmaceuticals disposal programs are continuing at the Civic Center. Trustee Brunner said the Village has just started doing compact fluorescent bulb recycling. There is a recycling container for them at Village Hall. She said the Village will also begin accepting four-foot fluorescent bulbs as long as they are wrapped in newspaper. For more information, residents can call (847) 470-5221. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus presented Resolutiorr08-07, Authorization for the Purchase of Watch- guard Digital In-Car Video Recording Systems for Police Vehicles From the Illinois State Bid Program, Contract #PSD-4014193. He explained that these systems will replace older VHS-based in-car recording systems that are deteriorating in reliability. In-car video recorders document police activity and can be used for evidence collection, court testimony, and refuting claims of police misconduct. Three in-car systems were budgeted in 2008 at a cost of $14,346. 11 Miwtes of February 71, 2b08Board Meeting X. C D. E. TRUSTEES=REPORTS (continued) Trustee Marcus: (continued) Trustee Marcus moved to approve Resolution 08-07, seconded by Trustee Kogstad. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Minx aye Trustee Minx: Tr. Kogstad aye Tr. Marcus aye Tr. Staackmann aye Tr. Thill a rLe Trustee Minx presented for a first reading Ordinance 08-07, An Ordinance Granting A Special Use Permit to Allow a Pet Store at the Property Located at 7913 Golf Road. She explained that this was pursuant to Plan Commission Case PC07-11, which had been reported to the Board earlier this evening. Village staff had no concerns with this case; no interested or concern parties testified at the hearing; and the Plan Commissioners had unanimously recommended its approval. There was no further discussion on Ordinance 08-07. Trustee Staackmann Trustee Staackmann had no report. F. Trustee Thill X. Trustee Thill presented 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. Trustee Thill moved to approve Resolufion 08-08, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~ Tr. Kogstad ~ Tr. Marcus aye Tr. Minx a~~e Tr. Staackmann a~~e Tr. Thill "aye Next, Trustee Thill presented Resolution 08-09, Authorizing the Purchase of a New F~ Portable Small Diameter Sewer Pipe Television Inspection System. Trustee Thill moved to approve Resolution 08-09, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad ~ Tr. Marcus Tr. Minx aye Tr. Staackmann aye Tr. Thill 12 Minutes of February 11, 20U8Board Meeting'..... XI. OTHER BUSINESS NONE XII. WARRANTS Trustee Minx presented the Warrant Register for February 11, 2008, which totaled $314,516.94. She moved to approve the Warrants as presented, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad awe Tr. Marcus ay~e_ Tr. Minx a~~e Tr. Staackmann aye Tr. Thill a rLe XIII. RESIDENTS~COMMENTS a. Bill Luksha. Mr. Luksha noted that 80% of sidewalks in Morton Grove are impassable due to the snow. He commented that Skokie has sidewalk plows, and people can use the sidewalks there. Mr. Luksha said that the people of Skokie asked Morton Grove to support their bond issue for the Holocaust Museum. Mayor Krier said Mr. Luksha was mistaken; no one from Skokie officially asked. Mr. Luksha wondered if the Village would consider asking to borrow Skokie sidewalk plowing equipment so Morton Grovel sidewalks could be passable. Regarding burglaries, Mr. Luksha suggested that, if residents are going to be out of town, they should inform their neighbors and the Police Department. He also asked residents to feed. the birds this winter. b. Nancy Canning. Mrs. Canning complimented the Public Works personnel and also gave credit to neighbors who help out neighbors by snowblowing for them without being asked. Regarding other instances of absenteeism on the various commissions, she wondered if those commissioners who were absent had contacted the appropriate person(s) to inform them of their absence, and also what kind of reasons were being given for the absences. Trustee Thill said he can!-answer for the other absences. He felt sure that everyone who missed meetings probably felt they had legitimate reasons for doing so, but he didnTiknow what they werer .or if they had informed the chairperson of their commission that they~~ be absent. c• Bill Zimmer. Mr. Zimmer said that it figuredC!that a trustee who has missed 15 or 16 Board Meetings in a row would defend a commissioner whos missed only half as many. XIV. ADJOURNMENT/EXECUTNE 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 aye Tr. Kogstad awe Tr. Marcus ~e Tr. Minx a~~e Tr. Staackmann aye Tr. Thill aye The Board adjourned to Executive Session at 9:55 p.m. 13 Minutes of February 11, 2008. Board Meeting'.. XIV. ADJOURNMENTlEXECUTIVE SESSION (continued) Mayor Krier called the Executive Session to order at 10:06 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, Finance Director Partipilo, Assistant Finance Direct Horne, and Community & Economic Development Director Neuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session at 11:37 p. m. The motion was seconded by Trustee Minx and passed unanimously via voice vote. Trustee Staackmann then moved to adjourn the regular meeting. The motion was seconded by Trustee Minx and passed unanimously via voice vote. The regular meet- ing adjourned at 11:38 p.m. PASSED this 25th day of February, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 25th day of February, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 26th day of February, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Covsar 14 ill Fsre and Police Commission Direct Telephone 847/470-5226 Fax 847/965-7711 January 28, 2008 President & Board of Trustees VILLAGE OF MORTON GROVE 6101 Capulina Ave. Morton Grove, IL 60053 In accordance with directives issued by you, competitive exan2inations were conducted in accordance with 65 ILCS 5/10-2.1-6 of the Illinois Compiled Statutes, 1992 (Revised). The following person has qualified aiid is herewith appointed to a probationary status. of Firefighter/Paramedic in the Morton Cnrove Fire Department of the Village of Morton Grove, Illinois, pursuant to the Rules and Regulations of the Fire atzd Police Commission, effective ou the date following his name. JOEL C. LUCERO Effective date of appointment is Fehnzary 11, 2008, at the hour of 8:00 aui.; at which time he will report to Fire Chief Tom Friel. Formal swearing in will be conducted at the Village Board meeting on February 25, 2008, 7:30 p.m., at the Village Comicil Chambers. Submitted by: _ ~, A rchael Simkins, Chairman Fire & Police Commission C: J. Lucero T. Friel J. Wade Richard T: Flickinger Municipal Center 6101 Capulnra Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 465-4100 Fax: (847) 965-4162 r ~x'•';': February 14, 2008 The Honorable Richard Krier Village of Morton Grove 6l O1 Capuiina Avenue Morton Crrove, Illinois 60053 Dear Mayor Krier: Every year the Morton Grove Foundation hosts its annual Taste. This event; to date, has raised over $420,000 which is distributed to local charities. The Taste also is a wonderful community event. Each year, over 800 community volunteers, restaurants, and patrons gather for a night of eating, socializing, and fun. Mayor, as you have said many times, and as Family Circle Maeazine had confirmed, Morton Grove is the "Village of Volunteers", and they will all be present at the Taste extolling the virtues of our great Village. The theme of this year's Taste is a "Taste of History". Morton Grove was named for former Vice-President Levi Morton, who promoted the expansion of the Chicago Milwaukee acid St. Paul railroad tracks, up to and beyond fhe Village. We would like to promote the Taste with a railroad theme. One of our Village residents has generously volunteered the use of a very attractive three dimensional lighted Yrain and display. The Foundation has also made arrangements from 1&D signs to have a large sign made to promote this year's event and encourage our goal to increase our total donations to 5500,000. We are asking permission to allow the railroad display and signage to be placed in front of the Civic Center. This will not only show the Village's support for the Taste event butwill give us much publicity along Dempster Street. We would be happy to discuss the Foundation and Taste endeavors further with you. Should you have any questions, do not hesitate to contact me. Sincerely, ~. ,.. _~ C ~~ames Simkins, Head Conductor Co-Chairperson Taste 2008 ~~~~1 James Karp Co-Chairpei°son Taste 2008 Cc: Village Board of Trustees Village Clerk eo. sox ~ szz MORTON GROVE, IL 60053 - A 501 (C) 3 Corporation www.monon~rovefoundation.org Legislative Summary Ordinance (18-07 AN ORDINANCE GRANTING A SPECIAL tiSE PERMIT TO ALLOW A PET STORE AT TAE PROPERTY LOCATED AT 7913 GOLF ROAD Introduced: February 11,2008 Synopsis: `This ordinance will grant a special use pertnit to allow a pet store for fish only to operate at the property located at 7913 Golf Road, Morton Grove, Illinois. Purpose: This property is located in the C-1 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 7913 Golf Road (Washington Commons). A public heating was held regarding this request before the Village of Morton Grove Plan Commission on January 21, 2008. Village staff had no major concerns with the case and 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 Fiscal Impact: I 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: (~^`"~., ~dosel`R~ ada Village Administrator ~ Pre aced b ' x,- k'~!a-.7 f ~~ A roved b ~- -~^~~'"f' P Y~ ~% PP Y ~ Teresa Hoffinan ~st~i~ orboration Counsel Ed Hildebrandt, Building Commissioner ®RD[~TANCE 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 auy function pertaining to its government affairs, including but not limited to the power to tax gird incur debt; and WHEREAS, the applicant, Dae Kim, Living Picture Aquariums, 7913 Golf Road, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC07-11 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-1 General Commercial District; and WHEREAS, Section 12-4-3D of the Village 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 WHEREAS, 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 the 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 concerted 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 Meeting and find pursuant to the relevant provisions of the i~illage of Morton Grove Unified Development Code, that the proposed Special Use l~nendment 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 Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Conunission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION L• 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 &0053, is hereby granted a special use permit to allow a pet store selling fish only Co 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. The proposed aquarium store be constructed according to the floor plan dated November 15, 2007; 2. The proposed aquarium store be limited to the sale of fish 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 terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long 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 amend all pertinent records of the Village of Morton Grove to show atld 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 pamphlet form according to law. PASSED this 25`" day of February 2008. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED by me this 2~`h day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26`" day of February 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois t,cgis\ord\2008\pc07-ll aquarium 7913 golf EXHIBIT "A" ~~ ~'1arsan$ang CeE~anar~~~i~aa Z®xaaaag Berard ®f t'appeals 1^ebruary 11, 2008 V illage Presi dent Members of the Board of Trustees 6101 Cauulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of fre Village Board: On 7anuary 21, 2008 a public hearing was conducted by the Morton .Grove Plan Commission after a legal no±'ice was published ur 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 PC07-11, 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. Bombe Jacobson, Planner, summarized the case for the Village. She explained that the applicant wisi:es to operate a specialized aquarium store that sells the aquarium supplies and fish. Because flee sale of fish qualifies as a pet store, a special use permit is needed. Ms. Jacobson reviewed the applicant's operation. Tl,7e 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 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 Special Use Pernvt for a pet store (fish only) at 7913 Golf Road subject to the following conditions: 1. That the proposed aquarium store be eonstttiieted according to the floor plan dated 11/15/07; 2. That the proposed aquarium store be limited to the sale of fsh only; and 3. That the proposed aquarium store complies with all pertinent Village codes and ordinances. The motion can~ied: Yes 6; No 0; Absent 1 .~ Richard T. Flickinger Municipal Center 6101 Capulina Avenue ~ Morton Grove; Illinois 60Q53-2985 Tel: (847) 965-41 GO Fax: (847) S65-4162 F;~,, ~w 3'~N The voting: Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Connnissioner Cattoma Yes Connnissioner Goyal Absent Commissioner Patel Yes Commmissioner Roepenaek Yes The "Findings of Fact" for PC07-ll related to the seven standards by which a special use is evaluated is attached to this report. Resp, - ally Submitted, ~~. ./ ~ ,~J~ o rk J Chairman Commde~/zoning/plancorrun/pc07-I t reporC Findings of Fact Listed below are seven standa~'ds articulated in Section 12-16-4C of the V~~llage of Morton Grove Unified -~ Developnawit Code upon which the Plan Commission based its decision. -- 1. Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation of 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 detrmental to or endanger the health, safety, morals or general welfare. 2. .Adjacent Properties -The Special Use shoo{d rot be injnnous to the use and enjoyment of 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 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 impede 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. Traffic Control.- Adequate measures have been or wi[I 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 residenfial 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 neighUoring roads. 1. 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 ah•eady provided. 7. Conformance to Other Regulations -The Special Use shalt, in ail other respects, conform to applicable provisions of this .Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Sectio^ 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 aquarium store will be required to meet all Village codes and ordinances. Comdev\zoning\plancom\pc07-I 15ndings of fact Resolution 08-10 ___ AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MCDONOUGH ASSOCIATES FOR ENGINEERING & DESIGN SERVICES FOR THE LEHIGH /FERRIS TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PROJECT AREA Introduced: Synopsis: Purpose: February 25,2008 To authorize the Village President to execute a professional services agreement with McDonough Associates to develop plans specifications and estimates for various public improvement projects within the Lehigh /Ferris TIF Redevelopment Project Area. To develop engineering plans, specifications and estimates for the following infrastructure projects: 1. Rehabilitation of Lincoln Avenue from the eastern boundary of the District to Ferris Ave. and Ferris Avenue from Demister St to Lincoln Ave. Rehabilitation will consist of streetscaping, roadway and. utility improvements: 2. Realignment of the Lincoln Avenue railroad crossinc. The roadway will be re-aligned to cross the tracks in a perpendicular crossing. New traffic signals will be installed at the intersection of Ferris and Lincoln. The old crossing will be removed and the left over public space will be landscaped. The intersection of Lehigh and Lincoln will be stop conholled. 3. Construction of a pedestrian railwalk within Metra ROW from Lincoln Avenue on the north to the train station on the south. The railwalk will be installed on the east side of the Metra RO W and will be separated by a fence from the existing tracks. Lighting will also be designed in accordance with Metra requirements. Background: In 2000, the Corporate Authorities of the Village of Morton Grove designated the Lehigh !Ferris TIF Avenue Tax Increment Financing Redevelopment Project Area and established a special tax allocation fund to improve this area. The Corporate Authorities have determined it is in the best interest of the Village to undertake certain improvements within this area including, but not limited to, land acquisition, traffic signa]ization, streetscape, landscaping, lighting, and street improvements, building demolition, and public infrastructure improvements. The infrastructure projects listed above were selected based on their importance to the community and ability to be executed in a timely fashion. McDonough Associates was selected as the lead engineering consultant through a competitive process and has performed satisfactorily. The landscape architect was selected through a formal qualifications based selection process while the transportation consultant was selected due to their familiarity, expertise and previous performance in the Village. Programs, Departments Programs -Lehigh/Ferris TIF Redevelopment Project, Capita] Improvement Program or Groups Affected Departments -Public Works, Community and Economic Development, Finance Departments Groups -All residents Fiscal Impact: The professional services agreement is a cost-plus fixed fee contract for a value not-to-exceed $347,845.55. Source of Funds: The Village's source of the funds for this project is the municipal bond Lhat was issued in 2007 Por work within the District. R'orkload Impact: The Public Works and Community and Economic Development Departments will perform the management and implementation of this program as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: February 25, 2008 Special Considerations None or Requirements: Respectfully submitted: Q-!~ ,,(~/x.c~ Jose F. ode, Village Administrator Prepared by: ~ Reviewed by: Ry C. illingham, 7 illage En ineer ~ ~~ Teresa offma Li on, Corporation Counsel RESOLUTION 08-10 AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH MCDONOUGH ASSOCIATES FOR ENGINEERING AND DESIGN SERVICES FOR THE LEHIGH/FERRIS TAX INCREMENT FINANCING (TIF) REDEVELOPMENT PROJECT AREA WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of govermment 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, in 2000, the Corporate Authorities of the Village of Morton Grove designated the Lehigh/Ferris Avenue Tax Increment Financing (TIF) Redevelopment Project Area and established a special tax allocation fund to improve this area; and WHEREAS, the Corporate Authorities have determined it is in the best interest of the Village to undertake certain improvements within this area including, but not limited to, land acquisition, traffic signalization, streetscape, landscaping, lighting, and street improvements, building demolition, and public infrastructure improvements; and WHEREAS, the Corporate Authorities issued tax-exempt municipal bonds to fund various public improvement projects in the Redevelopment District in 2007; and WHEREAS, the following three projects were selected based on their importance to the community and ability to be executed in a timely fashion: 1. Rehabilitation of Lincoln Avenue from the eastern boundary of the Redevelopment District to Ferris Avenue and Ferris Avenue from Dempster Street to Lincoln Avenue. Rehabilitation will consist of streetscaping, roadway azid utility improvements. 2. Realignment of the Lincoln Avenue railroad crossing. The roadway will be re-aligned to cross the tracks in a perpendicular crossing. New traffic signals will be installed at the intersection of Ferris Avenue and Lincoln Avenue. The old crossing will be removed and the remaining public space will be landscaped. The intersection of Lehigh and Lincoln will be stop controlled. 3. Construction of a pedestrian railwalk within Metra ROW from Lincoln Avenue on the north to the train station on the south. The railwalk will be installed on the east side of the Metra ROW and will be separated by a fence from the existing tracks. Lighting will also be designed in accordance with Mefia requirements. WHEREAS, in order to complete the above three projects, engineering plans, specifications and estimates need to be developed; and WHEREAS, McDonough Associates was selected as the consultant through a competitive process after the District was formed and has performed satisfactorily on work within the District; and WHEREAS, Land Design Collaborative, the landscape architect, was selected through a fornral qualifications based selection. process and who is asub-consultant to McDonough Associates; and WHEREAS, Kenig, Lindgren, O'I-Iara, Aboona, Ino. (KLOA), the transportation consultant was selected based on their knowledge and experience of Morton Grove and previous satisfactory work and is a sub-consultant to McDonough Associates; and WHEREAS, the professional services agreement is a cost-plus fixed fee contract for a value not-to- exceed $347,845.55; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLLNOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do herehy 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, and the V illage Clerk to attest, a contract with the McDonough Associates in an amount not-to-exceed $347,845.5. SECTION 3: The Village Administrator, Village Engineer and Community and Economic Development Director are hereby authorized to coordinate the implementation of this contract with McDonough Associates and subconsultants. SECTION 4: This Resolution shall be in ftzll force and effect upon its passage and approval. PASSED this 25`" day of FEBRUARY 2008 Trustee Brumier Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 25"' day of FEBRUARY 2008 Richard Krier, President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 26"' day of FEBRUARY 2008 Carol A. Fritzshall, Clerk Village of Morton Grove Cook County, Illinois Village of Morton Grove CONSULTING SERVICES CONTRACT This contract ("Contract"), with an effective date of Februazy 15, 2008 is by and between the Village of Morton Grove ("VILLAGE") and McDonough Associates, 130 East Randolph St., #1000, Chicago, IL 6D601.6214 ("CONSULTANT"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: SCOPE OF SERVICES 1.1 CONSULTANT shall perform [he services as set forth in Attachment A ("Contracted Services"), incorporated herein 6y reference, and shall strictly conform with the terms and conditions of this Contract. TERM OF AGREEMENT 2.1 This Contract shall commence on [he effective date stated above, and CONSULTANT is authorized to commence performance of the Contracted Services as of that date. This Conuact terminates on December 31, 2009 unless terminated earlier pursuant to the terms and conditions of [his Contract. CONSULTANT shall complete the Contracted Services in accordance with the time schedule ("Project Schedule") set forth in Attachment A, including any intermediate milestones and phase submittals. 2.2 TIME IS OF THE ESSENCE with regard to the performance of the Contracted Services, specifically including but not limieed to any intermediate milestones and phase submittals. COMPENSATION AND PAYMENT 3.1 As compensation for the performance of the Contracted Services ("Compensation"), VILLAGE will pay CONSULTANT in the amount and manner set forth in Attachment B ("Compensation and Payment"), incorporated herein by reference. VILLAGE shall not have any liability for any other expenses or costs incurred by CONSULTANT other than as expressly se[ forth in Attachment B. Written application for payment for completed work shall be submitted by CONSULTANT to VILLAGE not more than once monthly on a date specified by the VILLAGE. LIEN WAIVER 4.1 CONSULTANT shall promptly pay for atl services, labor, materials and equipment used or employed by CONSULTANT in the performance of the Contracted Services and shall maintain al] materials, equipment, structures, buildings, premises and property of VII,LAGG free and clear of mechanic's or other liens. CONSULTANT shall, if requested, provide VILLAGE with reasonable evidence that all services, labor, materials and equipment have been paid in full. PREVAILING WAGE S.1 Not less than the Prevailing Rate of Wages as found by the Department of Labor or determined by the court on review shall be paid as required by law. Consultant shalt comply with all Village Ordinances and state statues regarding prevailing wages, including Ordinance 04-15 and the Illinois Prevailing Wage Act 820 II.CS 130 et. seq. Current standards are available on the Illinois Depaztment of Labor web site at wwwstate.il.us(aeencv/idol or by calling the Village of Morton Grove at (847) 470-5235. (820ILCS 130) Upon request by the Village Engineer, the Contractor shall submit certified payrolls for all work performed under [his contract, including subcontractors. INDEPENDENT CONSULTANT Public Works Department 1 of 14 2/15/2008 Village of Morton Grove 6.1 For purposes of this Contract, CONSULTANT is an independent CONSULTANT and shall not be deemed to be an employee, agent or joint venturer of VILLAGE. CONSULTANT shall be solely responsible for the means and methods for carrying out the Contracted Services. COMPLIANCE WITH THE LA W 7.1 CONSULTANT shalt comply with all applicable statutes, ordinances, codes, regu]ations, consent decrees, orders, judgments, rules, and all other requirements of any and alt governmental or judicial entities that have jurisdiction over the Contracted Services ("Law"). PERMITS AND LICENSES 8.1 CONSULTANT will obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that aze associated with CONSULTANT'S performance of Contracted Services. STANDARD OF PERFORMANCE 9.1 CONSULTANT shall perform the Contracted Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the region where the project ("Project") is located. 9.2 CONSULTANT shall provide additional services as needed [o correct any defects or deficiencies in the Contracted Services and shall beaz all costs related to the cottection of CONSULTANT'S or its lower-tier CONSULTANT'S defective or deficient performance at no additional cost to VII,LAGE. 10 HEALTH & SAFETY 10.1 CONSULTANT acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at the Project Site or otherwise associated with the Contracted Services and CONSULTANT shall take appropriate precautions [o protect its employees, lower-tier CONSULTANTS, suppliers and others who may be associated with the performance of the Contracted Services. 10.2 CONSULTANT'S employees and the employees of its lower tier CONSULTANTS who perform the Contracted Services shall be experienced and properly trained to perform the Contracted Services under such conditions and shall take adequate precautions to protect human health and the environment in the performance of the Contracted Services. 10.3 In the event that VILLAGE observes a potentially hazazdous condition relating to the Contracted Services, VILLAGE may bring such condition to the attention of CONSULTANT. If CONSULTANT fails to immediately respond and correct such potential or actual hazardous condition, VILLAGE has the right to suspend the Contracted Services until such time as CONSULTANT remedies the potential or actual hazardous condition. CONSULTANT shall be solely responsible for any cos[, expense or schedule disruption resulting from such suspension of the Contracted Services. 10.4 CONSULTANT shall be solely and continuously responsible for the health, safety and welfare associated with the Contracted Services a[ all times and not be limited to normal working hours. The CONSULTANT'S failure to thoroughly familiarize itself with and account for the aforementioned health and safety provisions and those additional requirements provided by VILLAGE, if any, will not relieve CONSULTANT from the obligations set forth in this Contract. Il CONTACT WITH REGULATORY AGENCIES Public Works Department 2 of 14 2115/2008 Village of Morton Grove 11.1 Except to the extent expressly set forth in this Contract, CONSULTANT shall not communicate directly with applicable governmentalsegulatory agencies with regard to the Contracted Services without prior express authorization from VILLAGE unless directed otherwise. CONSULTANT shall direct inquiries from governmental regulatory agencies to VILLAGE for appropriate response. 12 QUALITY CONTROL PLANS 12.1 When required by the Scope of Services, CONSULTANT shall execute a quality control plan acceptable to VILLAGE that ensures the quality of its work products and activities. Prior to starting the performance of the Contracted Services, CONSULTANT shall submit its quality control plan for the work products and activities identified in the Scope of Services. Submission of the quality control plan [o VILLAGE will not replace in any way CONSULTANT'S responsibility for quality control or for its work products and activities. Notwithstanding any review by VILLAGE, CONSULTANT shall be responsible for [he quality of the Contracted Services. 13 CHANGE ORDERS 13.1 VILLAGE may, from time to time, order modifications or changes in the scope of the Contracted Services ("Changes") by written change order in the form of Attachment C ("Change Order"), incorporated herein by reference. In addition, Change Orders may be requested by CONSULTANT based upon material changes to the Contracted Services. Change Orders shall consist of additions to, deletions from or other revisions to [he Contracted Services, including those required by modifications or change orders to the related Prime Contract. Within 10 days after the date of such Change Order or material change, and in any event prior to the commencement of such revised Contracted Services, CONSULTANT shall notify VILLAGE in writing if CONSULTANT requests a change in the Compensation and/or Project Schedule and shall cleazly state CONSULTANT'S justification for the Change Order. If approved by VILLAGE, an equitable adjustment will be made as appropriate. 13.2 FAILURE OF CONSULTANT TO COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE SHALL CONSTITUTE A WAIVER OF SUCH CLAIM BY CONSULTANT. 13.3 Failure of the pazties to agree on whether the Change Order constitutes a compensible change to the Compensation or should result in a change in the Project Schedule shall be subject to the Disputes provisions of this Contract. CONSULTANT shall diligently proceed with the Contracted Services as directed by VILLAGE, including any directed changes or potential changes in the Contracted Services, pending resolution of such Dispute. 14 SUSPENSION OF SERVICES 14.1 VILLAGE may, at any time, with or without cause, suspend all or any portion of the Contracted Services for a period of up [0 90 days ("Suspended Services"). CONSULTANT shall immediately stop the performance of the Suspended Services, until such time as VILLAGE issues direction toCONSULTANT to resume [he Suspended Services. CONSULTANT shall take such action as is reasonably necessazy to protect the Suspended Services and take such additional action as directed by VILLAGE. An equitable adjustment may be made in accordance with the Change Order procedures of this Contract. 15 FORCE MA,iEURE 15.1 VILLAGE shall not be responsible for decay in the performance of its obligations under this Contract caused by a force majeure event. To the extent that Contracted Services aze delayed by a force majewe event, CONSULTANT will be entitled [o an equitable adjustment. For purposes of.this Contract, a "force majeure event" is an occurrence or circumstance beyond the control of the claiming party and may include, but is not limited to extraordinazy weather conditions, or other natural catastrophes, war, riots, svikes, lockouts, or other industrial disturbances or acts of any governmental agencies. 16 TERMINATION FOR CONVENIENCE Public Works Department 3 of 14 2/15/2008 Village of Morton Grove 16.1 A(I or paz[ of this Contract may be terminated by VILLAGE for its convenience. In such event, CONSULTANT will be entitled to Compensation for Contracted Services performed up to the date of termination. CONSULTANT shall not be entitled to compensation or profit for Contracted Services not performed. 17 TERMINATION FOR DEFAULT 17.1 VII.LAGE may at any time, by written notice, terminate the whole or any part of this Contract for default ("Termination for Default") upon failure of CONSULTANT to promptly cure such default in such time as VILLAGE may reasonably allow. For [he putposes of this Contract, default includes but is not limited to: (i) failure to strictly adhere to the terms and conditions of this Contract; (ii) failure to maintain progress so as to endanger proper performance of the Contracted Services; or (iii) failure to maintain adequate financial or legal capacity to properly complete the Contracted Services. 17.2 In the event of Termination for Default, CONSULTANT will be compensated for the Contracted Services properly performed prior [o such termination for default. VILLAGE may withhold any outstanding Compensation otherwise due to CONSULTANT pending finai completion and acceptance of the Contracted Services and an accounting of related costs. In [he event that the withheld amount exceeds the damages associated with CONSULTANT'S default, VILLAGE shall promptly pay such excess funds to CONSULTANT. In the event of a shortfall between such costs and any amounts due to CONSULTANT, CONSULTANT shall promptly pay VILLAGE for such shortfall within 3 days of VILLAGE'S written demand for such payment. 17.3 If, after notice of Termination for Default, it is determined for any reason that CONSULTANT was not in default, the rights and obligations of the parties shall be the same. as if [he notice of termination had been issued pursuant to Termination for Convenience. 18 INSURANCE 18.1 CONSULTANT shall procure and maintain, for tihe duration of the contract, insurance against claims for injuries to persons or damages [o property, which may arise from or in conjunction with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or SUBCONSULTANTs. 18.2 Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Genera( Liability occurrence form CG 0001 with [he Village named as additional insured, on a form at least as broad as the attached sample endorsement including ISO Additional Insured Endorsement CG 2010 (Exhibit A), CG 2026(Exhibit B); and 2. Owners and Contractors Protective Liability (OCP) policy with the Village as insured Required if box is checked; and 3. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbo101 "Any Auto." 4. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. 5. Builder Risk Property Coverage with Village as loss payee -Required if box is checked^ 18.3 Minimum Limits of Insurance A. CONSULTANT shall maintain limits no less than the following: Public Works Department 4 of 14 2(15/2008 Village of Morton Grove 1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, and property damage and $1,000,000 per occurrence for personal injury. The general aggregate shalt be twice [he required occurrence limit. Minimum General Aggregate shall be no less than $2,00D,000 or aproject-contract specific aggregate of $],000,000. 2. Owners and Contractors Protective Liability (OCP); $1,000,000 combined single limit 3. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 4. Workers' Compensation and Employers' Liability: Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 5. Builder's Risk: Shalt insure against "All Risk" of physical damage, including water damage (flood and hydrostatic pressure not excluded), on a completed replacement cost basis. B. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declazed to and approved by the Village. At the option of the Village, either; the insurer shat] reduce or eliminate such deductibles or self-insured retentions as respects the Village, its officials, agents, employees and volunteers; or the CONSULTANT shall procure a bond guazanteeing payment of losses and related investigation, claim administration and defense expenses. C. Other Insurance Provisions The policies are to contain, or be endorsed [o contain, [he following provisions: 1. General Liability and Automobile Liability Coverages The Village, its officials, agents, employees and volunteers are [o be covered as additional insured as respects: liability arising out of the CONSULTANT'S work, including activities performed by or on behalf of the CONSULTANT; products and completed operations of the CONSULTANT; premises owned, leased or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded [o the Village, its officials, agents, employees and volunteers. b. The CONSULTANT'S insurance coverage shall be primary as respects the Village, its officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its officials, agents, employees and volunteers shall be excess of CONSULTANT'S insurance and shall not contribute with i[. c. Any failure [o comply with reporting provisions of the policies shall not affect coverage provided to the Village, its officials, agents, employees and volunteers. d. The CONSULTANT'S insurance shall contain a Severability of Interests/Cross Liability clause or language stating that CONSULTANT'S insurance shall apply separately To each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. e. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the CONSULTANT shall be Public Works Department 5 of 14 2/15/2008 Village of Morton Grove required to name the Village, its officials, agents, employees and volunteers as additional insureds. f. Alt general liability coverages shall be provided on an occurrence policy form. Claims- made general liability policies will not be accepted. 2. Workers' Compensation and Employers' Liability Coverage The insurer shall agree to waive all rights of subrogation against the Village, its officials, agents, employees and volunteers for losses azising from work performed by CONSULTANT for the Village. 3. Yrofessional Liability (Required if Box is checked) a. Professional liability insurance with limits not less than $5,000,000 each claim with respect to negligent acts, errors and omissions in connection with professional services to be provided under the contract, with a deductible not-[o-exceed $150,000 without prior written approval. b. If the policy is written on a claims-made form, [he retroactive date must be equal to or preceding the effective date of the contract. In the event the policy is cancelled, non- renewed or switched to an occurrence form, the CONSULTANT shall be required to purchase supplemental extending reporting period coverage for a period of not less than three (3) yeazs. c. Coverage (azchitect, engineer, surveyor, consultant): Professional liability insurance that provides indemnification and defense for injury or damage azising out of acts, errors, or omissions in providing the following professional services, but not limited to [he following: 1. Preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, change orders, designs or specifications; 2. Providing direction, instruction, supervision, inspection, engineering services or failing to provide them, if that is Che primazy cause of injury or damage. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the Village. D. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. E. Verification of Coverage CONSULTANT shall furnish the Village with certificates of insurance naming the Village, its officials, agents, employees and volunteers as additional insureds, and with original endorsements affecting coverage required by this clause, The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf The certificates and endorsements may be on forms provided by the Village and are to be received and approved by the Public Works Department 6 of 14 2/15/2008 Village of Morton Grove Village before any work commences. Other additional insured endorsements may be utilized, if they provide a scope of coverage at least as broad as the coverage stated on the ISO Additional Insured Endorsements CG 2010 (Exhibit A} or CG 2026 (Exhibit B). The Village reserves the right to request full certified copies of the insurance policies and endorsements. F. Subcontractors CONSULTANT shall include all SUBCONSULTANTS as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor Alt coverages for subcontractors shall be subject to all of the requirements stated herein. G. Assumption of Liability The CONSULTANT assumes liability for all injury to or death of any person or persons including employees of the contractor, any sub-contractor, any supplier or any other person and assumes liability for all damage to property sustained by any person or persons occasiotted by or in any way arising out of any work performed pursuant to this agreement. 19 INDEMNITY 19.1 To the fullest extent permitted by law, the CONSULTANT hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees, arising in whole pr in part or in consequence of the performance of [his work but only to the extent caused in whole or in part by any negligent act or omission of by the CONSULTANT, its employees, or subcontractors, or which may in anywise result therefore, except that azising out of the sole legal cause of the Village, its agents or employees, the CONSULTANT shall, at its own expense, appeaz, defend and pay a1L charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees, in any such action, [he CONSULTANT shall, at its own expense, satisfy and dischazge the same. 19.2 CONSULTANT expressly understands and agrees that any performance bond of insurance policies required by this contract, or otherwise provided by the CONSULTANT, shall in no way limit the responsibility to indemnify, keep and save hazmless and defend the Village, iu officials, agents and employees as herein provided. 19.3 The CONSULTANT further agrees that to the extent that money is due the CONSULTANT by virtue of this contract as shall be considered necessary in the judgment of the Village, may be retained by the Village to protect itself against said loss until such claims, suits, or judgments shall have been settled or dischazged and/or evidence to [ha[ effect shall have been furnished [o the satisfaction of the Village. 19.4 CONSULTANT shall not be liable under this Article [o the extent that such Loss was caused by the sole negligence or willful misconduct of VILLAGE. 20 INFRINGEMENT 20.1 CONSULTANT shall not infringe upon any intellectual property (including but not limited to patents, trademarks or copyrights) ("Intellectual Property") in the performance of this Contract. In the event that CONSULTANT is alleged to have infringed upon such Intellectual Property, in addition to CONSLiLTANT's obligations under the Indemnity provisions above, CONSULTANT shall, at the sole discretion of VILLAGE and a[ CONSULTANT'S sole expense: (i) procure for VILLAGE the right [o continue using the infringing subject matter; (ii) replace or modify the infringing subject matter so that it becomes non-infringing but still complies with the requirements of the Contract; or (iii) reimburse VILLAGE for all payments made to CONSULTANT relating to or impacted by the infringing material and all costs incurred by VILLAGE resulting from such infringement. Public Works Department 7 of 14 2!15/2008 Village of Morton Grove 21 DISPUTES 21.1 Any dispute related to this Contract shat] be submitted to a panel consisting of at leas[ one representative of each pazty who shall have the authority to enter into an agreement to resolve the dispute. The panel may meet or may conduct its discussions by telephone or other electronic means. In the event that the panel is unable to reach a mutual resolution of [he dispute, or has failed to convene within two weeks of the request of either party, the matter may be referred by either party to a court of appropriate jurisdiction. 21.2 All communications between the parties or their representatives in connection with the attempted resolution of any dispute shall be confidential and deemed to have been delivered in furtherance of dispute settlement and shall be exempt from discovery and production, and shall not be admissible in evidence whether as an admission or otherwise, in any arbitration, judicial or other proceeding for the resolution of the dispute. 21.3 Pending any final judicial decision or settlement, CONSULTANT shall proceed diligently with [he Contracted Services. 22 NOTICE 22.1 Any notice or communication required or permitted by this Contract shall be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid with the U.S. Postal Service, and addressed as follows: VILLAGE: Village of Morton Grove Public Works 7840 North Nagle Morton Grove, Illinois 60053 Attn: Mr. Ryan Gillingham, P.E. Village Engineer or, CONSULTANT: McDonough Associates 130 East Randolph St., #1000 Chicago, IL 60601-6214 Attn: Mr. Nathan Utz, P.E. or to such other address as the pazty to whom notice is to be given has furnished by the receiving party in writing. 23 REMEDIES 23.1 No remedies or rights conferred upon VILLAGE by this Contract aze intended to be exclusive of any remedy of right provided by law or equity, but each shall be cumulative and shalt be in addition to every other remedy or right given herein or now or hereafter existing at law or in equity. 24 CONFIDENTIAL INFORMATION Public Works Department 8 of 14 2/15/2008 Village of Morton Grove 24.1 All informatian and data disclosed by VILLAGE or otherwise developed or obtained under this Contract shall be deemed to be proprietary and confidential information ("Confidential Information"). 24.2 CONSULTANT shall not disclose Contdential Information without VILLAGE'S written consent. Those persons under CONSULTANT'S control shalt not use Confidential Information for any purpose other than for the proper performance of the Contracted Services. 24.3 CONSULTANT'S obligations under this Article shall not apply to Confidential Information that is (i} in the public domain without breach of this Contract; (ii) developed independently by CONSULTANT; (iii} received by CONSULTANT on anon-confidential basis from others who had a right to disclosure such Confidential Information; or (iv) required to be disclosed by Law, but only after actual prior written notice has been received by VILLAGE and VILLAGE has had a reasonable opportunity to protect disclosure of such Confidential Information. 24.4 CONSULTANT shall ensure [hat the foregoing obligations of confidentiality and use also extend and bind the employees and agents of CONSULTANT and its lower-tier subconsultants and CONSULTANTS who have been provided access to the Confidential Information under this Contract. 25 RIGHTS IN DATA 25.1 CONSULTANT agrees that all data and information in hazd copy, electronic, or any other format, disclosed, developed ox obtained under this Contract ("Data"), other than CONSULTANT'S Confidential Information, shall be and remain the sole property of VILLAGE. Delivery of the Data [o VILLAGE shall be a precondition for Finat Payment 25.2 CONSULTANT shall promptly deliver all Data to VILLAGE upon VILLAGE'S request. CONSULTANT shall be fully responsible for the Gaze and protection of the Data until such delivery. CONSULTANT may retain one copy of the Data for CONSULTANT'S azchives subject to CONSULTANT'S continued compliance with the provisions of [his Arficle. 25.3 CONSULTANT agrees not to assert, or to allow persons performing under CONSULTANT'S control, to assert any rights to Data or establish any claim under design, paten[ or copyright laws. I[ is expressly agreed that all copyrightable or patentable Data produced under the Contracted Services has been specifically commissioned by VILLAGE, shall be considered "work for hire", and that all copyrightable and other proprietary rights [herein shall vest solely in VILLAGE. 25.4 CONSULTANT understands and agrees [hat all rights under copyright and paten[ Laws under this Contract belong to VILLAGE. CONSULTANT hereby assigns any and at] rights, title and interests under copyright, trademark and patent law to VILLAGE, and agrees to assist VILLAGE in perfecting the same at VILLAGE'S expense. Except as otherwise provided in this Contract, said documents shall be delivered to VILLAGE without additional cost to VILLAGE. 26 COMPONENT WARRANTY 26.1 CONSULTANT represents and warrants that all information technology components, including, but nor Limited to hardware, software, accessories and peripherals, tools and utilities (coltectively, "Components") provided by it and/or delivered to VILLAGE as part of this Contract will accurately process da[eltime data (including, but not [invited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, and ]cap year calculations. Furthermore, Components, when used in combination with other components, shall accurately process date/time data if the other components properly exchanges date/time data with it. This warranty shall survive for the full term of the applicable statute of limitations. 26.2 Within 5 days of discovery of any non-compliance, the discovering party shall notify the other pazty and, at VILLAGE'S sole option CONSULTANT shall, within 10 days of notice, repair or replace the non-compliant component at no cost to VILLAGE or refund VILLAGE'S purchase price. Public Works Department 9 of 14 2/15/2008 Village of Morton Grove 27 SURVIVAL OF TERMS 27.1 Articles on Indemnity, Confidential Information and Rights in Data shall survive termination of this Contract. 28 ASSIGNMENT AND CONTRACTING 28.1 CONSULTANT shall not assign or contract this Contract nor any rights or obligations herein without the prior written consent of VILLAGE. In the event this Contract is assigned or contracted by CONSULTANT, CONSULTANT shall remain responsible to VILLAGE for the proper performance of CONSULTANT'S obligations under this Contract. 28.2 The terms and conditions of CONSULTANT'S contracts or assignments under [his Contract shall, at a minimum, require the CONSULTANT or assignee to fully comply with this Contract unless otherwise authorized in writing by VILLAGE. 29 AMENDMENT AND WAIVER 29.1 This Contract may be amended only by a writing executed by each of the parties. Either pazty may waive any provision of this Contract to the extent such provision is for the benefit of such waiving party. No action taken pursuant to this Contract shall be deemed to constitute a waiver by that pazty of its or the other party's compliance with any representations or warranties or with any other provision of this Contract. No waiver by either party of a breach of any provision of this Contract shall be construed as a waiver of any subsequent or different breach, and no fotbeazance by a party to seek a remedy for noncompliance or breach by the other party shall be construed as a waiver of any right of remedy with respect [o such noncompliance or breach." 30 SEVERABILITY 30.1 The invalidity or unenforceability of any particular provision of this Contract shall not affect [he other provisions, aad this Contract shall be construed in all respects as if any invalid or unenforceable provision were omitted. 31 GOVERNING LAW 31.1 The validity, construction and performance of this Contract and all disputes between the parties azising out of or related to this Contract shall be governed by the laws, without regazd to the law as to choice or conflict of law, of the jurisdiction set forth in the Contract, or if not expressly set forth, in the jurisdiction where the Project Site is located. 32 VENUE, JURISDICTION AND SERVICE OF PROCESS 32.1 The pazties agree that any suit, action or proceeding azising out of or related to this Contract shall be instituted in the Federal District Court (Chicago) or in the appropriate state Courtin Ceok County, Illinois, and each party irrevocably submits to the jurisdiction of those courts and waives any and all objections to jurisdiction or venue that it may have under the laws of such state or otherwise in those courts in any such suit, action, of proceeding. 33 CONFLICT OF INTEREST 33.1 The CONSULTANT represents and certifies that, to the best of its knowledge, (1) no Village employee or agent is interested in the business of the CONSULTANT or this Contract; (2) as of the date of this Contract neither the CONSULTANT nor any person employed or associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract; and (3) neither the Public Works Department 10 of 14 2/15/2008 Village of Morton Grove CONSULTANT nor any person employed by or associated with the CONSULTANT shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of [he obligations under this Contract 34 NO COLLUSION 34.1 The CONSULTANT represents and certifies that the CONSULTANT is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the CONSULTANT is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax, as set forth in Section 11- 42. 1-I e[ seq. of the Illinois Municpal Code, 65 ILCS 5/11-42. I-1 e[ seq.; or (2) a violation of either Section 33E-3 of Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The CONSULTANT represents that the only persons, firms, or coroporations interested in this Agreement as principals are those disclosed to the Village prior to the execution of this Contract, and that this Contract is made without collusion with any other person, firm, or corporation. If at any time it shall be found that the CONSULTANT has, in procuring this Contract, colluded with any other person, firm, or corporation, then the CONSULTANT shall be liable to the Village for all loss or damage that the Village may suffer, and this Contract shall, at [he Village's option, be null and void. 35 ENTIRE AGREEMENT 35.1 This Contract embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Contract, and supersedes al] prior agreements, understandings, negotiations,. representations and discussions, whether verbal or written, of the parties, pertaining to [hat subject matter. 33.1 The following exhibits are attached and made part of [his agreement: 33.1.1 Attachment A -Contracted Services 33.1.2 Attachment B -Compensation and Payment 33.1.3 Attachment C -Change Order VILLAGE Signature Richard Krier Name (Typed or Printed) February 25, 2008 Date CONSULTANT Signature Name (Typed or Printed) Date Public Works Department 11 of 14 2/15/2008 r Village of Morton Grove Attachment A Contracted Services Scope of Work The CONSULTANT will perform the necessazy work to develop plans, specifications and estimates for bidding for the following three tasks: I. Rehabilitation of Lincoln Avenue from the eastern TIF limits to Ferris Avenue and Ferris Avenue from Demspter Street to Lincoln Avenue. Rehabilitation will consist of streetscaping, roadway and utility improvements. 2. Realignment of the Lincoln Avenue railroad crossing. The roadway will be re-aligned to cross the tracks in a perpendicular crossing. New traffic signals will be installed at the intersection of Ferris Avenue and Lincoln Avenue. The old crossing will be removed and the left over public space will be landscaped. The intersection of Lehigh and Lincoln will be stop controlled. 3. Construction of a railwatk within Metra ROW from Lincoln Avneue on the north to the train station on the south. The railwalk will be installed on the east side of the Metra ROW and will be protected by a fence from the existing tracks. Lighting will also be designed in accordance with Metra requirements (light botlards and other low level lighting) The scope of work is further defined and hereby incorporated from the attached proposal from McDonough Associates and the proposal from [he subconsultants Land Design Collaborative, Inc. and KLOA, Inc., which are included as part of McDonough's proposal. Ptstimated Timeline 1. Notice to Proceed February 2008 2. Task 1 Preliminary Studies and Concept Plan March 2008 -June 2008 Preliminary Construction Documents June 2008 -August 2008 Final Construction Document Completion November 2008 3. Task 2 Preliminary Studies and Concept Plan Mazch 2008 -June 2008 Preliminazy Construction Documents June 2008 -August 2008 Final Construction Document Completion November 2008 4. Task 3 Preliminary Studies and Concept Plan March 2008 -June 2008 Preliminary Construction Documents June 2008 -August 2008 Finat Construction Document Completion November 2008 Public Works Department 12 of 14 2/15/2008 Village of Morton Grove Attachment $ Compensation and Payment METHODS OF PAYMENTS FOR SERVICES AND EXPENSES VILLAGE shall pay CONSULTANT for services rendered as follows: CONSULTANT shall be reimbursed for services at cost plus a fixed fee for a total value not-to-exceed 5347,845.55 as per Exhibits A-1, A-2, A-3, A-4, and A•5, which are attached and made pazt of this contract. The IDOT approved overhead multipliers and labor rates for each CONSULTANT and SUBCONSULTANT will be utilized when calculating costs for this project. The CONSULTANT and SUBCONSULTANTS shall submit invoices detailing the work performed on each task and the hours and direct expenses incurred. Public Works Department 13 of 14 2/15!2008 Attachment C CHANGE ORDER In accordance with Ar[icle 13 of the Consulting Services Contract dated between the Village of Morton Grove ("VILLAGE") and Change Order modifies the Contract as follows: Change in Contracted Services: Village of Morton Grove 20_ ("Contract") ("CONSULTANT"), this 2. Change in time of Performance (attach schedule if appropriate): 3. Change in CONSULTANT'S Compensation: All other terms and conditions remain unchanged. VILLAGE Signature Namc (Printed or Typed) Date CONSULTANT Signature Name (Printed or Typed) Date Public Works Department 14 of 14 2!15/2008 McDonough Associates Inc. Engineering Proposal Lahigh/Ferris TIF District Village of Morton Grove &mealwork The project mneiah of ergineadng {donning and conatruc8on tlouxnent prepare8on for engineadng TASKS t, 2 entl 3within the LeNghtFerna TIF Diatna Tasks are ea defined below. ~rv^^^ ~ ~r'~' +~€~f3?; ~~,~ Y -?~.,.~~.'l ~.y:q~ *nY'i v'(`i"w~"~' .. ~"k1 .ra't' ~.T"'±..¢` Task 1 Coneiata of the rehebltlte8on of Lincoln Avenue from the eastern TIF ilmfh to the Feme Avenue and Fen16 Avenue from Dempster Street to Lincoln Averwe. Retwbiph8on will cortalst or streetscaplnp and roamvay improvemarth. Specdlc Improvements to be tletenninad from prelirtdnary etudes performed try LDC, KLOA and McDonough Assodatea PnBminarv Encineartno SeMeea 1. Improvenent Altemativea iNarMoun Dlnct Costa T kel Sectlmt Analyala 18 Pavement Optlon Coat Anal 's 76 Subcarreultent Coordine8an 8 Meetlngs 78 S /20.OD Sub-Total 58 8 128.00 Finsl Enalneerlne Servkea TA&82 Teak 2 consists of the re-eAgnment of the Lixdn Avenue reilroad crossing. The roadway will 6e re•alignatl to cross the tracks in a peryondicular croaeing. New traffic signals will be installed et 87a intereectlon of Fenis Avenue and LJncoin Avenue. The old crossng will be renaved end Ne Ie8 aver Wblic apace vAil be lentleceped and Improved green space. The inhreactlon o4 Letdgh entl Uncoln will be atop controlt~ and parking spaces that are loaf due to the re-alignment adll ba replaced on a ane to one basis. PCe1Iminarv Enolnoerino Bervipa 1. Improvement Akemativea Man-hours Olnet Cosh Typica15ectlon Anatyeiai...._ 1 ~ ~ 8 Horltontel Aignmant Analysle __ __ `_ _.._... + ~ ~_ ____.- ~____.._T._ T Driveway Access laeuea l 4 _ ___ 1 _.... .._~_ ...... ~__.. ICC/Metra COOrtlinatlon ..,__~_ ~_^ 8 _ Meetings ~ i I 18 S 120.00 Sub Tohl 52 8 120.00 McDonough Associates inc. Engineering Proposal Lehigh/Ferris TIF District Village of Morton Grove Final Encinesdna Servleaa 2. Construction Document Pre ar84ion 8hesffi Man-hour Dine( Coats Tttte Sheet _ _. I ..._ 7 __.,___.... 4 ____ General Notes and State Standanla ~ 1 1 9 4 18 Summary of OuantlNes ANpnmeM and Tiee ~ 1 24 _ _ Typical Sections _y_ . _ .. -7 _ I ... . . __... ~ t _ ~.... _ 0 0 _ ~ _ ..._. _ . Pavement Plen and Pro01e t 4 Drelnage and Uhhty Plane _ __. I t t 40 ___ . Pavemem Marklnp Poene 9 72 Tn1Ac Slpnal Plans ~ ~ 2 KLOA _ .. . Roadway UBhtinp Plans Y ) __._ _. __ _ -_. _4 _~?~__..,_ ...._..._ ....... Sfreatsceping4.andsceplnq Plana anCOetes s _ . _ .._. 11 1OC., ~__ MieCeileneous Detella ~ . t 8 Cross Sec0ons SpecNfcaNOna I I _ . 20 , - _.... Celeulebone ~ .._.._ .. ...._.. __ 8 Ccel Eetimete ....._.. ._. __$ Bid Pac a PreParaOan _ _ ._ . _,,.,._ _ . 72 _,_ Pdntknp Costs for 3 Submi0els .__ . $ 1,500.00 .._ ...,. .__.~ ._.....r flnei PdnNnp for Bitltlin (20 SMSJ i ,_..___.~_._._.._. .__ ____.__.. _ .. ....... S 1,500.00 Bub-Total 28 344 $ 3000.00 Task 3 co~isffi of tlx eonswcNOn of a nilwalk within Metre ROW from Lincoln AvenuelDempsterStreet on the nosh to the train staNOn on me earth. The nilwalk will be (nalalled on the east skle of the Metre ROW end xdll be protected by a (ante from the exlsNng sacks. UghtlnB will also tre dasipnad in accortlarxe witty Metre requirements (NpM bdlarda or oaatr low level IiphNnp). Pniimtnarv Enalnearina Sorvicaa t. Improvement Altamativas Mmfioun Dine( Cosffi L1pht Pola CekulaNons and Opdore 8 Nodzontel Alignment Altemadvea 4 Aaess Options 4 ICCIMeba Coordfnepon (Direct Coats ere for RR Insurance erW RIpM of Entry) $ 8 3,000.00 _ Meelinpa 16 $ 120.00 Bub-TOffii 40 $ 3120.00 Final Enninaarina Servtcsa a. Exhibit A-2 Averaae Haurly Payroll Rate McDonough Associates Inc. Payroll Claseiflcation Range - ~-~- ~ - Percent Particlpa0on i ~ Weighted Rate° 11 -Civil Proled Manager 12 - Civii Project En0lneer $ S 44 DO 3800 + $ $ 60.E 55.00 259'0 25°k ~ ! $13 76 _ ........... S10 50 ___ 14-CIvli Engineer $ ~ _ 1800 $ 45.00 __ ~ 25% ~ _ $810 -- 21 -Structural Pmfed Manager -._ $ .. 44_00 S 80.00 _ ~ _. 22 -Structural Project En ig_neer _ _ $' ~ _ ,,,__ ., ~~ 38.00 „ .,,._ $ , 55.00 _...._.,_ ._..... .._ _ 24 - Structual Engineer S 18.00 $ 45.00 -__,.. 31~Resident Engineer $ - 24.00 $ 45.00 ~~ __ 32 -Assistant Resident Engineer _ S _ , _ t 6.00 , $ 40.00 __..__- 34 _ Inspector ---_-- ... S_. _.....18 00.. ,.3 ., 35.00 38-SurveYor $ 20,00 $ 33.00 ~ _......._..._,.._._ 42 -Electrical Protect Engineer . S .. _..__._ 38.00 ,_ $ 55.00 ____...._....,__...._ 5% ._.,_. I - $2.30 44 -Electrical En (near $ 18,00 3 45.00 10°/. $3 96 - 52 -Pro ct Architect _ ...__ _...___.~ _ S 38.00 3 55.00 --- 53 -Senior Architect S 30.00 S 50.00 54 - Architect ___,~_ $ 18.00 $ 45.00 ~_ _ - 71 - Environmental Prr~ect Mane er _ $ ~ __ ., 36.00 $ _ 55.00 .- - ~ 72 - Environmental Project Engineer $ 34 00 $ 5000 T4~~-EnvimnmentaiEn0lneer 3 ~ 18.00 3 4500 - 92 -Technician / Dreher, _ .-..__ ... - $ __t6 00 3_ _,, _, - _32 oD .... 10%._ -- _ , . .. $2 42 .. 94 -Clerical $ ~ 11.00 , S 28.00 . . 98-Principal _^,_ $ 60.00 ....._. _._ _. _. _... _.___ .._.100%...... i 541.04 j `IDOT Approved Exhibit A-3 Payroll Burden & Fringe Costs McDonough Associates Inc. of Direct Productive Payroll Federal Insurance Contributions Act 9.56% State Unem to ment Com ensation 1.77% Federal Unem to ment Com ensation 0.10% Workmen's' Com ensation Insurance 4.75% Paid Holida s, Vacations and Sick Leave 13.34% Bonus 3.49% Pension 8.29% Grou Insurance 8.06°~ Total Payroll Burden & Fringe Costs 49.36% IDOT 1/07 Exhibit A-4 Overhead and Indirect Casts McDonough Associates Inc. of Direct Productive Payroll Taxes except Federal Income 1.52% Business Insurance, except key-man insurance 2.92% including accident, liability and valuable papers - Depreciation and Amortization ~ 1.76% Administrative, unassignable staff time, recruiting, training and education, severance, negotiating new ~ 73.72% business, and office accounting, clerical and i secretarial wages and salaries Reproduction and Printing Costs -0.149'0 Office Supplies i 1.91% Computer Costs ~ 1.34% Professional services including specialists, legal fees, 2 55% auditing, etc. Employees travel expenses not assigned to clients and -0.44% excluding casts outside Illinois Telephone, Telegraph and Postage ~ 0 94% Racrwting and Relocation Expense 1.06 /o Training and Educational non-salary expense 0.32% Fees, Licenses, Dues, Publications (technical and i 0.43% professional) Utilities and Maintenance I 1.84% Business Space Rent 14.98% Rental of Equipment ; 0.02% Miscellaneous Expense 0.48% Total Overhead 105.21% IDOT 1/07 a .~d t$ c~ ti R ~e~jj C 6 ~j` ~, ~ ~~ ~. aG~ ~ _ G t ~ W a ~'~ C W o d f c~ a S k g 3 K q w w 4 S 9p~ A! K r 0 K m m d 0 & ~ W ~ LL q ~ LL 8~ E M S g ~ ~ R x N N N ~ H • ~ ~ ? V $ h ~ ~ x x w 8 8 d N y N N 'i a H p QN K p « J S i O ~ ~ ~ `~' $N SCI 0 r Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification Understanding Land Design Collaborative, Inc. {LDC) will provide landscape design services to McDonough Associates Incorporated (MAI) for the roadway, bikeway, and park improvements in the Morton Grove ~Ilage redevelopment core area as indicated on the attached plan. LDC's tasks will be to identify areas of landscape and roadway beautycation by assessing sidewalks, existing vegetation, proposed medians, light styles and other features that will enhance the appearance of the roadway corridor and core area open space. For the project area, the Ullage is interested in right-of-way, open space„ and landscape beautification improvements, preservation of significant trees, sidewalks and bikeway connections, and new plantings. LDC will be identifying opportunities for increasing roadway and bikeway landscape and future landmark features that can be incorporated Into the protect. LDC will Incorporate, as appropriate, these landscape areas and landmark features into the roadway construction design plans. . Landscape opportunities will be investigated for the following elements: - streetscape design - landmark quality trees - bike paths - pedestrian ciroulation and linkages - landscape plantings - general impact of road improvements, i.e. sight lines and focal points, - plazas, parks and green space particularly at the Metre crossing, - tight luminaire and pole design The engineering work being completed by MAI will be the basis for the right-of--way landscape treatments prepared by LDC. In addition, landscape design for open spaces and the bikeway landscape will be consistent core area study adopted by the ~Ilage. 5142NeinSVeet Simide, E~60Q/7 8471329-9777 office 847/329-9779 rex ~ftage of Morton Grove 1 Landscape Improvements February 13, 2008 Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification __ _ -- Scope of Services LDC will conduct the following tasks in its preparation of landscape enhancement plans and specifications: PART I: DE31GN CONCEPT RELATED WORK ITEMS Task 1 Profact Initlatlan Meatlno with Vlllaaa Staff and MDI 1.1 Receive available engineering plans and base data, aerial photographs, reports, plans, studies, etc. 1.2 Confirm study objectives, schedule and special requirements. 1.3 Identify consultant team and Village project leaders Task 2 Protect Area Inverrtorv and Anaivsis 2.1 Utilizing the data provided; conduct an on-site investigation and photographic inventory of existing conditions and functions within the roadway corridor. 2.2 Using inventory data collected ih Task 2.1, analyze the relationships and physical conditions of the corridor right-of-way to the proposed roadway improvements, and determine how they will be affected. Task 3 Design Concert and Alternatives 3.1 Prepare a Design Concept Plan with alternatives for sub-areas of the. Plan that will illustrate: . Landscape design treatments that will include, bikeway planting, park/plaza design, and curb "bump outs°, and parkway areas where appropriate. • A plant species list that reflects this project type design and horticultural practices that are complementary of other similar places in the Village. . Special feature design theme or character, which may include special paving, tree preservation, bikeway and sidewalk layout that complement the family of design elements developed by the Village. -_ Vallage of Morton Grove 2 Landscape dmprovements February l3, 2008 Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification . Materials and design upgrades for the Central Open Space/Park area. • Design concepts for both the Library and Fire Station open space areas. Task 4 Final Concept Deaistn Plan 4.1 Prepare a Final Concept Design Pian for the entire project area that illustrates consensus of landscape design elements end styles. This plan will be functional in style and colored for presentation purposes. PART Ii: FINAL DESIGN & CONSTRUCTION DOCUMENT RELATED WORK fTEMS Task 5 Desipn Development Pian and Cost Estimate 5.1 A Design Development Pian (DD) will be prepared further delineating the Final Concep4 Design Plan (prepared in Task 4 above). This Pian will initiate the development of Construction Documents for landscape to be incorporated into MD!'s corridor improvements far the entire project area. 5.3 Prepare general estimate of probable construction costs utilizing the DD and indicate cost trade-offs that alternative choices in materials and improvements offer. Task 6 Construction Document Preparation 6.1 Construction Documents will be developed that may include the following: Landscape planting plans, plant list and planting details. . Sidewalk layout plans and details for specal pedestrian paving, where appropriate. . F~cisting tree protection plan and details. . Determination of style and finishes for such items as special paving, light pole and luminarie style and color. • Technical specifications to be incorporated Into MAI's documents. 6.2 Bid Packaging Vallage of Morton Grove 3 Landscape Improvements February l3, 2008 Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification Depending on the estimate of probable construction costs (Task 5), funding and schedules, landscape bid documents wail be Integrated with MDI documents for bid. 6.3 Final Estimate of Probable Construction Gosts A final estimate of probable construction costs will be prepared on the basis of the actual bid documents utilizing unit price quantity take-offs where appropriate. 6.4 Landscape Improvements Bid Assistance -Bid services will include: . Pre Bid Meeting . Bidder Liaison, Interpretation of Bid Documents • The issuance of one (1) Addendum . Bid Review and Award Recommendation PART III: MEETINGS: Task 7 Meetings -Part l Four (4) meetings for Part I, Tasks 1 through 4, and four (4) meetings in Tasks 5 are included in this proposal, for a total of eight (8) formal meetings. Meetings with staff are expected to occur on an as-needed basis, in conjunction with other consultants and other project related work in Morton Grove. 7.1 Task 7 provides for four (4) meetings in Part I, Tasks 1 through 4 included in this proposal: . Prefect initiation Meetino: One (1) meeting with key staff and other stakeholders. . Desion Workshop: A design workshop will be conducted with the Village staff and MDI. project engineers to develop schematic concepts for the project design components with the out come resulting infeasible design options. . Desion Concept Review Meetings f1 total): Scheduled as appropriate during Tasks 1 thru 4. . Optional Meeting: One (1) meeting with the general public, METRA or other key persons. Task 8 Meetings -Part II 8.1 Task 8 provides for four (4) meetings in Part II, Tasks 5 and 6 included in this proposal: Village of Morton Grove 4 Laardscape Improvements February I3, 2008 Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification Construdion Document (CD1 Preparation Review: Prior to the development of Construction Documents, one (1) meeting wlii be held with the appropriate Village staff. Note that normal CD reviews are assumed to occur during the construdion documentation process at 50%, 90% and 100% complete. A total of four (4) meetings are included in this task. CONSTRUCTION PHASE SERVICES ConsWction Phase Services, which include site visits and construction administration, are not included In this proposal. However, LDC is prepared to provide construction observation on a time and expense basis or, under a separate agreement, 'rf desired by the Village. COMPENSATION We propose to provide the identified services in two phases. The work in Part i is to develop a Final Concept Design Plan (Tasks 1, 2, 3, and 4) and Includes four (4) meetings ident'rtied in Part III, Task 7. This work wlli result in a Final Concept Design Plan for the entire pro)ect area. Deliverables will consist of technical memoranda, plan drawings and illustrative sketches where needed to communicate concepts. A report document will no4 be prepared. The proposed fee for Part I, induding four (4) meetings, is $18,500.00, which amount will not be exceeded without approval. The Pert II Scope of Services includes the preparation of Construction Documents for the approved Final Design Concept Plan (Tasks 5 and 6) and includes four (4) meetings identified in Part III, Task 8. MAI will prepare the engineering plans and specifications for the roadway. The proposed fee for Part Ii, induding seven (7) meetings, is $73,500.00, based upon ari assumed pedestrian streetscape and landscape construdion value of approximately one million dollars. This fee amount wilt not be exceeded without approval. Construction phase services are not included at this time. However, LDC is prepared to provide an upset maximum fee and expanse costs for such services, if desired. Direct expenses for Parts. I through II I are estimated as follows: Travel $ 100.00 Plan Reproductions $ 250.00 Copy Services $ 150.00 Draft and Final Plan & Sketch Documents $ 350.00 Delivery and Postage $ 100.00 Total Estimated Direct Expenses: $ 950.00 V1[age ofhforton Grove 5 Landscape dmprovements FeBraary 13, 2008 Scope of Services Lincoln and Ferris Avenues and Core Area Landscape Beautification ADDITIORIAL SERVICES The following items and tasks are not Included in this proposal, but can be added for additional compensation based on the following hourly rates for staff: 1. Additional meetings beyond the eight (8) included in Part III. 2. Design of special features that go beyond conceptual levels and basic streetscape infrastructure improvements (e.g., art elements, entrance feature fountains, etc.) 3. Sign typography, logo and banner graphic design. Staff Hourly Rates are as follows: Pdnclpal $125.00 - $170.00 per hour Principal Associate $ 90.00 - $125.00 per hour Senior Associate $ 80.00 - $100.00 per hour Associate $ 65.00 - $ 80.00 per hour Technical $ 55.00 - $ 65.00 per hour Clerical $ 45.00 - $ 60.00 per hour Tillage of Morton Grove 6 Landscape Improvements FeBruary l3, 2008 Attachment A MORTON GROVE STREETSCAPE PROJECT Estimate of Consteuction Value and Fees 1 OPEN SPACEIPARK SPTE AREAS A. North Open Space - (Adjacent to Railroad/t3lkewayj Estimated Total Site Area 4,500 s.f. x `,Site Develoment Elements Area (sf)/ Quantity Unit Price Total $ • Concrete Pavement assume % of the park area paved - 12°k 540 $6 $3,240 • Grading/Topsoii/Mist assume area minus pavement 88% 3,960 $2 $7,820 • Trees 4 trees 4 $700 $2,800 • Shrub planted areas 25% 1,125 $5 $5,625 • Sodded area assume minus pavement/shrub areas 63% 2,835 $0.75. $2,126 • Slte Amenities bike reck/benches/trash receptacles LS $2,500 $2,500 • Subtotal $24,211 • Continency 20% $4,842 TOTAL ESTIMATED CONSTRUCTION VALUE 529,054 Average Cost per Square Feet $6.46 ~! ~ rDesign Fees - ~o of Constructan Value 120 $3,486 B. South Open Space/Park - (South of Lincoln Ave and east of Rallroad) ~' '~ Estimated Total Site Area 8,000 s.f. Area (sfy Site Develoment Elements Quantity Unit Price _ _ Total $__ • Concrete Pavement assume °h of the park area paved - • GradinglTopsoil/Misc assume area minus pavement • Trees 8 trees • Shrub planted areas • Sodded area assume minus pavemenUshrub areas • Site Amenities bike reck/benchesitrash receptacles 12% 960 $6 $5,760 88% 7,040 $2 $14,080 8 $700 $5,600 25% 2,000 $5 $10,000 63% 5,040 $0.75 $3,780 LS $2,500 $2,500 prepared by: land Design Collaborative, Inc. a February 13, 2006 • Subtotal $41,720 • Continency 20% $8,344 TOTAL ESTIMATED CONSTRUCTION VALUE $50,064 (~=,(Average Cost per Square Feet $6.26 "•" Design Fees - % of Construction Value 12% $6,OD8 C. Central Park -North of Lincoln Ave and east of Railroad) '° Estimated Total Site Area 9,500 s.f. Area (sf)/ .,Site Develoment Elements Quantity Unit Price__ Total $__ • Concrete Pavement assume % of the park area paved - 20% 1,900 $6 $11,400 • Grading/Topsoil/Mist assume area minus pavement 80°'0 7,600 $2 $15,200 a Trees 10 trees 10 $700 $7,000 • Shrub planted areas 30% 2,850 $5 $14,250 • Sodded area assume minus pavementlshrub areas 50% 4,750 $0.75 $3,563 s Slte Amenities bike rack/benchesltrash receptacles LS $5,000 $5,000 Subtotal $56,413 Continency 20% $11,283 TOTAL ESTIMATED CONSTRUCTION VALUE $67,695 -,.:"Average Cost per Square Feet $T.13 ~,~ Design Fees - % of Construction Value 12% $8,123 Park/Open Space Upgrades • Value of Potential Park Upgrades $60,OOD • Design Fees - 4'0 of Construction Value 6% $3,500 2 RAILROAD BIKEWAY AREA a,EstimatedTotalSiteArea 1,200 Lf. x 20 f~etvride 24,000 ~ Area (sf~ ,~ z~.as Site Develoment Elements _ Quant~ Unit Price Total $ • Concrete Pavement assume 10 foot concrete path - Designed by McDonough • GradinglTopsoiVMisc assume area minus pavement 12,000 $2 $24,000 • Fencing - 4 foot chain link I.f. 1,200 $35 $42,000 • Shrub planted areas 20°~ 2,400 $5 $12,000 prepared by: Land Design Collaborative, InC. 4 February 13, 2008 • Sodded area assume minus pavemenUshrub areas 9,600 $0.75 $7,200 • Subtotal $85,200 • Continency 20°~ $17,040 TOTAL ESTIMATED CONSTRUCTION VALUE 5102,240 Average Cost per Square Fast 54.26 i~, • .Design Fees - % of Construction Value 8% 58,179 3 Stroetscape • Lincoln and Ferris Avenues ~~ EsBmated Total Parkway Area Total linear feet of roadway -Lincoln Ave. and Ferris Ave. 3,500 Total linear feet of parkway - 2 sides of roadway 7,000 Total square feet of parkway -average 12 feet wide 84,000 ~t Area (sty Parkway Develoment Elements Quantity Unit Price • Concrete Pavement assume new 5 foot concrete sidewalk - a Special Pavement assume pavers at crosswaikslsperaal areas - e Grading/Topsod/Misc assume area minus pavement • Trees • Sodded area assume minus pavement • Site Amenities/Special Features benches/trash receptacleslate • Subtotal • Continency 20% TOTAL ESTIMATED CONSTRUCTION VALUE ;qs Average Cost par Square Feet Design Fees - % of Construction Value 8% 35,000 $B $210,000 3,000 $9 $27,000 46,000 $2 $92,000 175 $70D $122,500 46,000 $0.75 $34,500 LS $10,000 $10,000 $496,000 $99,200 5595,200 57.09 547,616 prepared by: Land Design Collaborative, Inc. a February 13, 2006 TOTAL DESIGN FEES North Open SpacafPark - (Adjacent to RailroadiBikeway} 53,486 South Open SpaeelPark - (South of Lincoln Ave and east o4 Railroad} S6,008 Central Park -North of Lincoln Ave and east of Railroad} 58,123 Railroad Bikeway Area S8,1T9 Straetscape - Lineoin and Ferric Avenues 548,653 Pro®ram and Schematic Concepts 515,000 Central Open Space/Park Uostrades 53,500 TOTAL DESIGN FEES 592,950 prepared by: Land Design Collaborative, Inc. a February 13, zoos Kenig, Lindgren, O'Hara, Aboona, inc. 9575 West Higgins Road, Suite 400 I Rosemont, Illinois 60015 p: 847-518-9990 1 F 847-518-9987 December 5, 2007 Mr. Nathanial Utz, P.E. McDonough Associates Inc. 130 East Randolph Street, Suite 1000 Chicago, Illinois 60601-6214 Re: Scope of Services and Fee Proposal Lincoln Ave./Ferris Ave. Traffic Planning Services Morton Grave, Illinois Dear Nathan: Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) is pleased to submit this scope of services and fee proposal for professional traffic planning services in cormecdon with the proposed Lincoln Avenue-Ferris Avenue. Corridor improvement plan in Morton Cnove, Illinois. Based on our meeting with Village staff on Thursday, November 29, 2007, it is our miderstanding that the project area extends along Lincohi Avenue, from Lehigh Avenue east to the Library (at Georgiana Avenue) and along Ferris Avenue from Lincoln Avenue north to Dempster Street. The Village has jurisdiction over the full length of these two roadways. The Village intends to realign Lincoln Avenue with Lehigh Avenue and Ferris Avenue as part of the ultimate improvements to the Lehigh/Ferris TIF district, including a relocated grade- crossing of the Canadian Pacific Railway/Metra tracks. Interim improvements in die Lincoln Avenue and Ferris Avenue corridors include traffic calming features at the Lincoln/Ferris intersection, cross section modifications or re-striping ofthe existing sections ofLincoln (east of Ferns) and Fenis (north of Lincoln), pedestrian crossing safety features, on-street parking enhancements, htersection siglrt-distance enhancements, streetscaping and utility improvements, street reconstntcdon, a possible bike lane on Lincoln, and the re-routing of trucks away from the TIF district. Scope of Work KLOA, Tnc. has conducted traffic counts acid traffic analyses at the Lincoln Avenue intersections with Ferris Avenue and Lehigh Avenue as part of our review of the proposed Lelrigh/F'erris TIF Framework Plan developed by Fan Associates and S.B. Friedman & Company. As part of dris analysis, KLOA reconunended a series of neaz-terns and tong-term pedestrian and roadway hnprovernents related to the above-noted items (i.e., roadway geometries, intersection traffic controls, traffic calming, truck routhng, etc.) Based on these preluninary reconunendations and our meeting of Novermber 29"', we offer the following IQ.OA, Inc. Transyortation and Puking Planning Consultants Mr. Nathanial Utz, P.E. December 5, 2007 Page 2 scope of work to assist McDonough Associates azid the Village of Morton Grove in developing a workable hnprovement plan for the area. The work scope has been separated into seven sections: I Traffic Impact Study II Traffic Signal Warrant Study III Tntck Re-Routing Plan I'V Roadway Geometric Design Concepts V Intersection Design Study VI Traffic Signal Design Plans VII Meethigs Section I - Traffic Impact Study The traffic uralysis completed to date by KLOA pertained to the proposed Lehigh-Ferris TIS district plaza that included the vacation of the existing Old Lincoln Avenue raikoad crossing and the development of a new at-grade raihoad crossing on Caprtlina Avenue. TIv concept resulted in the reassignment of traffic (both existing traffic azid fuhtre development ixaffic) tlu-ough the Lincoln Avenue/Lehigh Avenue and Lincoln Avenue/Fenis Avenue intersections. The revised TLF plan, which has yet to be approved by the Village Board, will maintain the existing Oid Lincoln Avenue railroad crossing, as recommended by KLOA, and will not include a new railroad crossing at Capulina. Because this revised plan will affect traffic assignments through the two Lincoln Avenue intersections, the traffic analysis will need to be revised to reflect a more appropriate estimation of traffic through these two intersections. Furthermore, the trmff c analysis performed to date has yet to be compiled into a project report. The following tasks will be performed: T~^affzc Reassignment and Analysis. The peak-hour trips that are estimated to be generated by the new and recently approved developments in the study area will be reassigned to the roadway system based on the directional distr7budon previously developed and die roadway system included ui the revised TIF plan, The reassigned approved development traffic will be combined with existing peak hour traffic to determine firtute traffic volumes fluough the study area intersections. Capacity analyses of the study area intersections will be revised. 2. Traffic Evaluation and Recommendations. The results ofthe revised intersection capacity analyses will be compared with the previous analyses to determine if the previously recomrended roadway improvements and traffic controls continue to be appropriate or whether changes to the plan are warranted. Mr. Nathanial Litz, P.E. December 5, 2007 Page 3 ProjectReport. A draft project report sumrnarizing the finduigs azid recormnendations of the Traffic Impact Study with respect to the proposed Lehigh-Ferris TLF district development plan and revised roadway system plan will be prepared and submitted to McDonough and the Village for review azid comment upon completion of this phase. After comments are received, the report will be revised, as appropriate, and up to ten (10) copies of a bound final report will be submitted to McDonough and the Village. 5ectfon II -Traffic Seenal Warrant Study This work section includes the preparation of a traffic signal warrazit study for the Lincoln Avenue/Fenis Avenue hrtersection. The waaant analysis will focus on future traffic conditions that include the realignment of Lincoln Avenue with Lehigh Avenue azid the relocated railroad crossing. T7ie following tasks will be performed: I. Analysis. The existing and firture peals hour traffic volumes fiom the Traffic Impact Study (Section I) will be utilized in the Traffic Signal Warrant Shidyto determine iftraffic signal warrants contained inthe Illinois Manual on Uniform Traffic Control Devices (]MliTCD) are satisfied. 2. Study Report. The results of the Traffic Signal Warrant Studies will be snuvnarized and incorporated into the Traffic Impact Study from Section I. Section III -Truck Route Plan This work section will evaluate the current truck route system in the Village of Morton Cnove, as it pertains to the Lehigh-Ferris TIF district, and recommend modifications to the plan to divert truck traffic away fiom the district. The following tasks will be performed: 1. From the Village, obtain the following: • Map of the Village's cwi•eut truck route system • Historic maps of the Village's previous truck route systern • Village Code policies ou trucking operations on non-designated thick routes • Historic tniclc traffic volumes on the roadways within the Lehigh-Ferris TIF district • Crash data for the Lincoln Avenue raikoad crossing and the Lincoln2ehigh and LincolnlFerris intersections. 2. Conduct one 24-hour automated thick classification count at the following locations: • Ferris Avenue, between Lincoln Avenue and Dempster Street • Austin Avenue, between Lincohi Avenue and Dempster Sheet Mr. Nathanial Utz, P.E. December 5, 2007 Page 4 3. Prepare report surrunarizing the historic, current and recouunended buck route system, land use changes that have occurred in the TIF district, historic and current truck traffic volumes, and provisions for allowing truck access to existing businesses withhi the district. The report will include appropriate maps and exhibits. Section IV - Roadway Geometric Desien Concepts In an effort to develop roadway design alternatives for Lincoln Avenue and Ferris Avenue that support the pedestrian-oriented intentions of the TIF plan for the Lehigh-Fenis subazea, the following tasks will be performed: 1. KLOA will develop up to three (3) typical cross-section schemafics for Lu~eoIn Avenue and Ferris Avenue. We wiIl require as-built plans of Lincoln Avenue and Fenis Avenue to properly evaluate potential changes. We will also require from the Village the TIF design guidelines for the study area roadways. 2. KL.OA will develop schematic renderings of the recommended geometric alternatives for the full lengths of Lincoln Avenue and Ferris Avenue witbin the defined project area. Renderings will depict pavement markings, raised or painted islands, tuna lanes, traffic controls, signing, etc. The renderings will identify whether they would be part of the interim improvements or ulthnate improvements far the corridors, primarily as related to the Lincoln Avenue/Ferris Avenue intersection. 3. The geomehic design alternatives will be based onthe traffic datapreviously collected by KLOA, including traffic speed data, haffic volumes flows and patterns, pedestrian and. bicycle movements, and truck traffic vohmies. 4. An on-street pazking inventory on Lincoln Avenue and Ferris Avenue will be completed, surnmarized, and plotted on aerial photographs of the study area. 5. A sight distance analysis will be performed at all cross streets and driveways along Lurcoln Avenue and Ferris Avenue for proposes of defining appropriate parking setbacks fiom the intersections. KL,OA will need horizontal and vertical centerline profiles fiom McDonough Associates to complete this task. 6. The geometric design alternatives will be summarized with respect to the impacts on on- street parking supply. Efforts will be made in all alternatives to maximize on-street P~'~g• 7. The geannetnic design alteniatives will include pedestrian crossing treatmerrts at hrtersections along Lincoln Avenue and Fenis Avenue to maximize pedestrian safety and calm haffic. Pedeshiazi counts previously conducted by KLOA will be utilized. Mr. Nathanial Utz, P.E. December 5, 2007 Page 5 8. To the extent possible, the geometric design alternatives will include various accommodations for bicycle travel on Luicoln Avenue between the Library azid the planned railwallc. ICLOA will need to know from the Village what the potenfial bike route/lane will tie uito to the east of the Library. Section V -Intersection Design Study QDSI Upon Village approval of the Traffic Hnpact Study, Traffic Signal Wanant Study, and geomehic design plan for Lincoln Avenue and Ferris Avenue, the preparation of the IDS can proceed for the reconfigured Lincoln Avenue/Ferris Avenue acid Lincohi AvenuelLeliigh Avenue intersections. The IDS is intended to show the preliminary engineering of the roadway improvements, intersection capacity analysis results and traffic signal tirnuig plazzs for the projected futrire traffic volmnes, and the layout of the traffic signal equipment at the Lincoln Avenue/Ferris Avenue hnersection. Budgeting for this phase assumes that a haffic signal will be wazranted at this intersection based on the results from the Traffic Signal Wanazrt Study. The following tasks will be performed: 1. The traffic data contained in the Traffic Impact Study (Section I) and Traffic Signal Warrant Study (Section ~ will be used in the preparation of the IDS. 2. Base maps at a scale of 1"=20' will be prepared using existing survey data and any proposed preliminary geometric plans of the intersections provided by McDonougiz Associates. The IDS will include the following: a. Irrteisecfion capacity calculations b. Existing azid projected firhue peak hour volumes c. Existing and proposed geomehics d. Typical pavement stripuig e. Right-of--way, centerline and other significant feahues. 3. Coordination with McDonough Associates, Village of Morton Grove, Metra, azid Illinois Commerce Conunission (ICC} officials for die purposes of obtaining IDS approval. Section VI - Traffic Signal Desien Plans Upon Village, Metra azid ICC approval of the IDS, the preparation of the traffic signal design plans can proceed for the reconfiguued intersection of Lincoln Avenue and Ferris Avenue. The following work tasks will be completed in this section: 1. Base Map Preparation: Base maps (at a scale of 1 "=20') will be prepared for the traffic signal design plans using the Village/Metra/ICC-approved IDS as a base. Mr. Nathanial Utz, P.E. December 5, 2007 Page b 2. Plans, Specifications and Esthnate: Traffic signal design plazas will be prepared usuig the base map infonnatian from Task 1. The plans will be developed based on IDOT standards current at the time said plans are prepared. The plans will uiclude: a. Preliminary, pre-final and final traffic signal design plans. b. Cable plan. c. Traffic signal emergency vehicle preemption and railroad preemption charts. d. Loop detector detail and general notes. e. Interconnect plan to rairoad signal/gate controller. f. Tecluucal specifications will be assembled employing IDOT special provisions to the extent that they apply. g. An engineer's opinion of probable construction cost will be prepared based on the final plans. 3. Coordination with McDonough Associates, Village of Morton Grove, Meh a, and the ICC to clarify the specific design elements to be incorporated into the plaits and forpurposes of obtaining plan approval. Section VII-MeeHnes Based on our November 29, 2007 meetng with Village staff, two meetings are included in this scope of work. These consist of the following: 1. Meeting with Village staff, and possibly a Trustee and/or head of the Appearance Cotmnittee, to present the geometric roadway design alternatives. 2. Presentation of preferred preliminary roadway plan to the Appearance Commission and Traffic Safety Commission in a combined workshop format. Additional public meeting or project team meetings will be considered additional services to this contract aiid will be attended, as requested, upon receipt of written authorization fiom the client to modify the budget accordingly. Mr. Nathanial Utz, P.E. December 5, 2007 Page 7 Time of Performance Upon receipt of a signed copy of ttus letter of agreement, we estimate that Sections T, II, III and IV of ties scope of work can be completed withui 12 weeks. Section V (IDS) will commence upon Village approval of the Traffic Impact Study, Traffic Signal Warrant Study, and geometric design plan for Lincoln Avenue and Ferris Avenue, and upon receipt of base maps from McDonough Associates. The ID5 wiIl then be prepared and submitted to the Village, Metra and ICC within three weeks. Any review comments received will be addressed and the IDS will be resubmitted for approval within one week of receipt of conunents• Section VI (irafFic signal design plans) will commence when authorized by the Village to proceed and upon Village, Metra and ICC approval of the IDS. Once received, plans will be completed within four to five weeks. Any review comments received will be addressed within two weeks, with plans resubmitted for approval. Cost of Services The cost of services rendered by I{LOA, Inc. under this agreement will be invoiced on a Cost Plus Fixed Fee basis using our IDOT-approved duect labor and overhead sates and the fixed fee formula (0.37 DL) specified in the Professional Transportation Bulletin {Apri15, 2007). Direct expenses will be invoiced at cost for items such asnon-staff traffic count personnel, travel, postage, and reproduction. Based on om• experience with similar projects, our not-to- exceed cost for stafftime and direct expenses associated with the seven (7) sections of work will be $35,000. These costs are stunmarized below by work phase. We will not exceed these costs without prior authorization fiom you. Phase I - Traffic Impact Study $ 3,500 Phase II - Traffic Signal Warrant Study $ 1,500 Phase III -Truck Route Plan $ 3,500 Phase N -Roadway Geometric Design Concepts $ 6,200 Phase V -Intersection Design Study $ 5,000 Phase VI -Traffic Signal Design Plans $ 12,000 Phase VR - Meetings $3.300 Total $35,000 All costs for professional staff tune and direct expenses in connection with any meetings beyond the two identified in Phase VII will be itemized separately on our invoices and are in addition to the costs noted above. These meetings will be attended upon prior receipt of written authorization fiom the client to modify the budget accordingly. Mr. Na[hanial Utz, P.E. December 5, 2007 Page 8 Method of Payment Invoices for services rendered will be submitted every two weeks and will reflect the charges incurred on the project durhig the previous period. hivoices will show staff time and expenses separately. Invoices an•e due and payable within 30 days of the invoice date. Payments due KI,OA, Iuc. are not contingent upon project approval or project fmazicing and are the responsibility of McDonough Associates, Inc. Tu the event that legal proceedings are instihrted to collect delinquent payments due KLOA, McDonough Associates, Inc, will be responsible for court costs, expenses of collection, and reasonable attorney's fees. To the maxunum extent permitted by law, McDonough Associates, Inc. agrees to lnnit KLOA, Inc,'s liability for McDonough Associates, Inc.'s damages up to the sum of the total fee on this conriact. This limitation should apply regardless of the cause of action or legal theory pled or asserted. KLOA, hoc. is pleased to have this opportunity to offer our professional services to McDonough Associates, Inc. and the Village of Morton Grove. We look forward to initiating our services on this project upon receipt of a signed copy of this letter of agreement for our files. If you have any questions, please do not hesitate to callus at {847) S 18-9990. Sincerely, KENIG, LIIIDGREN, O'HARA, ABOONA, INC. ACCEPTED AND APPROVED THIS ,D , ~ n~~~ /J~ DAY OF , 2007 Eric D. Russell Principal (Signatnue) Timothy J. (Typed Name) Authorized to Execute Agreements for: Luay R. Aboona As its Principal and Contracting Officer Legislative Summary Ordinance OS-09 AMENDING TITLE 10, CHAPTER 4 ENTITLED ELEVATOR REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced February 25,2008 Objective To amend Title 10, Chapter 4, of the Village Municipal Code entitled "Elevator Regulations." Purpose: The purpose of this ordinance is to adopt by reference the elevator regulations mandated by The Office of Illinois State FireMarshal; a,~d to clarify existing construction requirements specified by the Fire Department Background: The Elevator Safety and Regulation Act [Illinois Public Acts 92-873 (6-1-03) and 94-698 (11-22-OS)] designates the Office oflllinois State Fire Marshal as the agency responsible for adopting elevator construction and inspection standards; licensing of elevator installers, mechanics, and inspectors, and issuing elevator certificates of operation. The Elevator Safety Act gives the State Fire Marshal the ability to enter into agreements with local municipalities to inspect elevators and issue certificates of operation within theirjurisdiction as long as the minimum standards as adopted at 4 ] Ill. Adm. Code 1000 are adopted and an inspection program as prescribed by the Office of State Fire Marshal is followed. On July ] 8, 2007, the Village received an approved agreement to operate a local program using Elevator Inspection Service (EIS), Indian Head Park, IL. We have used EIS as the Village's elevator inspection company since 2004. This ordinance will bring us into compliance with the Elevator Safety and Regulation Act. Programs, Departments Department of Building and Inspectional Services; Fire Department. or Groups Affected Fiscal Impact: None. This is a technical code for installation and maintenance of elevator equipment. Source of Funds: Not applicable. Workload Impact: Minimal impact on inspector workload; the ordinance will adopt current elevator standards for use by plan review staff and the Village's third party inspection service. Administrator Approval as presented. Recommendation: First Reading: Required-Code Amendment Special Considerations or None Requirements: AdministratorApproval_ ~ VUt~t~- ose F. de, V'll ministrator Prepared by: Ed Hildebrandt, uilding Commissioner Reviewed by: Teresa Hoffman gyration Counsel ORDINANCE 08-09 AMENDING TITLE 10, CHAPTER 4 ENTITLED ELEVATOR REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit 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 WHEREAS, the Village is continually in the process of reviewing, and as necessary, updating existing Municipal Ordinances; and WHEREAS, on July 18, 2007, the Village entered into an agreement with the Illinois Office of the State Fire Marshal to operate an elevator safety program in conformity with Section 140 of the Elevator Safety Act (225 ILCS 312/140) and the administrative rules adopted at 41 Ill. Adm. Code 1000; and WHEREAS, the 41 Ill. Adm. Code 1000 specifes certain minimum standards and codes for the installation and maintenance of elevators, escalators, and similar conveyances as published by the American Society of Mechanical Engineers (ASME), American National Standards (ANSI), and American Society of Civil Engineers (ASCE); and WHEREAS, the Fire Department requires specific minimum size elevator cabs to accommodate emergency medical service equipment; and WHEREAS, Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED 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 Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 10, Chapter 4 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter 4 entitled, "ELEVATOR REGULATIONS" to read as follows: CHAPTER 4 ELEVATOR REGULATIONS SECTION: 10-4-1: Code Adopted 10-4-2: Size Requirements 10-4-3: Inspections Required/Fees 10-4-4: Penalties 10-4-1: CODE ADOPTED: There is hereby adopted by the Village for the purpose of prescribing regulations governing the installation and maintenance of elevators, dumbwaiters, escalators, and similar conveyances those certain codes adopted by the Illinois Office of State Fire Marshal and found at 41 Ill. Adm. Code 1000.60, and they are hereby incorporated by reference and made a part of this Code and shall be applicable and controlling within the limits of the Village. Any changes to codes and standards referenced in 41 Ill. Adm. Code 100.60 shall automatically be adopted by the Village unless specifically amended by the Village Board of Trustees. (Ord. 93-42, 10-25-93; Ord 99-41, 9-13-99; Ord 08-09, 2-25-08) 10-4-2: CONSTRUCTION REQUIREMENTS: A. Any elevator cab installed within the Village in other thatl single family residences shall have the following minimum clear inside finished cab dimensions. Width - 91 inches Depth - 74 inches Cab door - 42 inches clear opening, side open Load capacity - 4500 pounds; OR Width-68 inches Depth - 94 inches Cab door - 48 inches clear opening, end open, Load capacity - 4500 pounds; OR Any other combination of clear minimum width, depth, cab door, and load capacity approved by the Fire Chief. B. In buildings with more than one elevator, at least one elevator in each bank or elevator location within the building shall comply with these minimum clear finished cab dimensions. C. All elevators meeting these minimum clear finished cab dimensions shall be identified on the corridor wall at each floor landing with a sign sfating FIRE/EMS ELEVATOR in red letters at least one inch (1") high or in a color contrasting with the wall surface. D. All elevators not required to meet these minimum clear finished cab dimensions shall comply with the size requirements of the Illinois Handicapped Accessibility Code. (Ord. 78-11, 2-13-78; Ord 99-41, 9-13-99; Ord 08-09, 2-25-08) 10-4-3: INSPECTIONS REQUIRED/FEES: A. Semiannual inspections of all mechanical equipment regulated by codes adopted in 10-4- l,are required. B. Each pennittee shall cause his Certificate of Inspection to be framed and on display in a conspicuous location available to the code official. C. Approval and inspection fees shall be in accordance with Chapter 10-1-1A. (Ord 99-41, 9-13-99) 10-4-4: PENALTY: Any person violating any of the provisions of this Article shall be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. (Ord. 93-42, 10-25-93; Ord 99-41, 9-13-99) SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 25`" day of February 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by me this 25`~ day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26`~ day of February_2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-10 AMENDING TITLE 10, CHAPTER 9 ENTITLED FENCES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: February 25, 2008 To amend Title ] 0, Chapter 9, of the Village Municipal Code entitled "Fences." The propose of this ordinance is to update the fence regulations and coordinate those regulations with The Unified Development Code (Title 12) and Title ] 0 "Fee" chapter (10-1A). The fence regulations were last updated in 1993. This ordinance will coordinate Title 1 Q, Chapter 9 with the Unified Development Code fence location and height requirements (12-3-5); and will reference the Buildings fee chapter (10-1A) which centralizes all building fees. Department of Building and Inspectional Services. None. This is a technical code for installation of fences. Not applicable. Minimal impact on inspector workload. Approval as presented. Required-Code Amendment None Administrator Approval ~~ i~ '7iV<£s~~ ~iosep F~V ade, Village ministrator Prepared by ~d Hildebrandt, Building ommissioner ~~ Reviewed by: Teresa Hoffman L' to , Comoratio Counsel ORDINANCE 0~-10 AMENDING TITLE 10, CHAPTER 9 ENTITLED "FENCES" OF THE MUNICIPAL CODE OF 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 is continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, the requirements of Title 10, Chapter 9 entitled, "FENCE REGULATIONS" has been reviewed and is in need of updating; and WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant. 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 Authorifies do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 1 Q Chapter 9 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter 9 entitled, "FENCES" to read as follows: CHAPTER 9 FENCES SECTION 10-9-1: Definition 10-9-2: Permit Provisions 10-9-3: Fence Requirements, Specifications 10-9-4: Barbed Wire Fences 10-9-5: Penalty 10-9-1: DEFINITION: For purposes of this chapter, "fence" and "fence, solid" shall be as defined in Section 12-7-1 of this Code. (1.969 Code 154.001; Ord 08-10, 02-25-08) 10-9-2: PERMIT PROVISIONS: A. Permit Required: It is hereby required a permit be obtained in advance for the construction, alteration, or replacement of any fence. (Ord 93-44, 1.2-26-1993) B. Plot Plan Required with Application: A plot plan of the property showing buildings and the extent of the fence shall be submitted when applying for a fence permit. (1969 Code 154.025; amd. Ord 93-44,12-26-1993) C. Fees for Fence Construction: Fence permit fees shall be in accordance with Chapter 1, Article A of this Title. (Ord 93-44, 10-26-1993; 08-10, 2-25-08) 10-9-3: FENCE REQUIREMENTS, SPECIFICATIONS: A. Location and Height of Fences: All fences shall conform to fencing requirements in Section 12-3-5 of this Code. (Ord 93-44, 10-26-1993; Ord 08-1Q 2-25-08) B. Rough Part of Fence to Face Owner's Property: Fences must be erected so the posts, and all other supporting members face to the owner's side. The rough part of a fence shall face the owner's property. (1969 Code 154.015) 10-9-4: BARBED WIRE FENCES: A. Fences Under Seven Feet (T): Wire barbs shall not be permitted anywhere on the fence. (1969 Code 154.020; Ord 08-10, 2-25-08) B. Fences Seven Feet (T) and Taller: Installation of wire barbs or other similar devices shall require permission of the Building Commissioner. Wire barb strands or other devices shall face toward the owner's side. (1969 Code 154.020; Ord 08-10, 2-25-08) 10-9-5: PENALTY: Any person violating any of the provisions of this chapter shall be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and every day such violation is permitted to continue shall constitute a distinct and separate offense. (Ord 93-44, 10-26-1993; Ord 08-10,2-25-08) SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 25`x' day of February 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 25`" day of February 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26~' day of February 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-11 AMENDING TITLE 10, CHAPTER 1, ARTICLE A ENTITLED PERMIT AND PLAN REVIEW FEES OF THE MUNICIPAL CODE OF THE VILLAGE OF :MORTON GROVE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: February 25, 2008 To amend Title ] 0, Chapter 1, Article A of the Village Municipal Code entitled "Permit and Plan Review Fees" The purpose of this ordinance is to update the various fees associated with building permits. Various building permit fees were last updated in 1999. The proposed fees are in Tine with surrounding communities. The largest increase is proposed for demolition of buildings. Public Works water tap fees are also being moved to this section. Department of Building and Inspectional Services Increased revenue from building permits to help offset the cost of operating the department. Not applicable. None Approval as presented.. Required-Code Amendment None Administrator Approval ~ G~, 7,tF~att~c: Reviewed by sep~F. Wide Village-Administrator Teresa Prepared by: 6~~a~ Ed Hildebran t, Building Commissioner ORDINANCE 08-11 AMENDING TITLE 10, CHAPTER 1, ARTICLE A ENTITLED "BUILDING PERMIT AND PLAN REVIEW FEES" OF THE MUNICIPAL CODE OF 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 is continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, the requirements of Title 10, Chapter 1, Article A entitled, "PERMIT AND PLAN REVIEW FEES" were last reviewed in September 1999 and are in need of updating; and WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRliSTEES 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 Ordinaaice as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 10, Chapter 1, Article A of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Article in its entirety and replacing it with a new Title 10, Chapter 1, Article A entitled, "PERMIT AND PLAN REVIEW FEES" to read as follows: CHAPTER I BUILDING CODE ARTICLE A. PERMIT AND PLAN REVIEW FEES SECTION: 10-1A-1: Building Permit Fees 10-1A-2: Electrical Permit Fees 10-1A-3: Plumbing Permit Fees 10-1A-4: Elevator Permit Fees 10-1A-5: Right-of--Way Deposits 10-1A-6: Permits Not Issued 10-1A-1: BUILDING PERMIT FEES: A. Building permit fees shall be calculated using the following schedule. General construction: Residential $ 8.00 per $1,000 of valuation Commercial and industrial $ 9.00 per $1.,000 of valuation Minimum fee $ 30.00 Residential detached garages: Less than 300 square feet $ 50.00 301 to 450 square feet $100.00 Over 450 square feet $200.00 Driveways and parking lots: Residential driveway (new/replacement) $ 50.00 Residential apron (parkway) (new/replacement) $ 50.00 Commercial and industrial parking tot $ 0.10 per square foot plus or driveway (new/replacement) engineering fees Minimum fee: $ 50.00 Miscellaneous Fences (new/replacement) $ 30.00 Yard sheds $ 30.00 Deck (3 steps or more above grade) $ 50.00 Fireplace $ 50.00 Swimming pools (excluding plumbing and electric) Aboveground $ 50.00 In-ground $200.00 Certificate of Occupancy: Single-family $ 25.00 Multi-family (per unit) $ 10.00 Commercial and industrial $ 25.00 Demolition/Wrecking: Accessory building (garage) $ 50.00 Residential primary building First 1,000 square feet $1,000.00 Fach additional 1,000 square feet $ 500.00 Commercial and industrial First 15,000 square feet $1 ,500.00 Each additional 15,000 sq ft $ 750.00 Mechanical Equipment: Residential furnace & air conditioner $ 50.00 Furnace only or air conditioner only $ 35.00 Other mechanical appliance Under 200,000 BTU $ 50.00 200,000 BTU and Larger $ 75.00 Fees for extraordinary building inspections (the initial inspection and one reinspection are included in the base fee), or other inspections for which a permit fee has not been assessed shall be at the rate of fifty dollars ($50.00) per hour. B. All fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspection services shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 85-1, 1-25- 1985; Ord 08-11, 2-25-08) 10-IA-2: ELECTRICAL PERMIT FEES: A. Electrical permit fees shall be calculated using the following schedule: Electric Services: 0 - 200 amperes 201 - 400 amperes 401 - 600 amperes 601 -1,000 amperes Over 1,000 amperes Branch Circuits Motors 0 - 20 amperes 21 - 50 amperes Over 50 amperes First motor (or current consuming device) Each additional motor or device Miscellaneous Outlets on existing circuits Low voltage systems (fire alarm, Communications, security) Minimum electrical fee $ 60.00 $ 75.00 $100.00 $200.00 Based on rating of service disconnects, using the above schedule 10.00 per circuit for first 50 circuits 5.00 per circuit for each additional over 50 20.00 per circuit 40.00 per circuit 20.00 7.00 2.00 per outlet 40.00 $ 60.00 Fees for extraordinary electrical inspections (the initial inspection and one reinspection are included in the base fee), or other inspections for which a permit fee has not been assessed shall be at the rate of f fty dollars ($50.00) per hour. B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspections shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 85-1, 1-25-1985; Ord 08-i1, 2-25-08) 10-IA-3: PLUMBING PERMIT FEES: A. Plumbing permit fees shall be calculated using the following schedule. Fixtures $ 8.00 each Lawn sprinklers $ 50.00 Backwater valve/Overhead sewer $100.00 Minimum fee $ 50.00 Wafer main taps 1 inch connection $100.00 I '/4 inch connection $125.00 1 '/z inch connection $150.00 2 inch connection $200.00 4 inch connection $400.00 6 inch connection $600.00 8 inch or larger connection $800.00 Sewer taps Storm sewer $100.00 Sanitary sewer $100.00 Fees for extraordinary plumbing inspections (the initial inspection and one reinspection are included in the base fee), or other inspections for which a permit fee has not been assessed shall be at the rate of fifty dollars ($50.00) per hour. (Ord 85-1, 1-25-1985; Ord 08-11, 2-25-08) B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspections shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 08-11, 2-25-08) 10-1A-4: ELEVATOR PERMIT FEES: A. Elevator, escalator, dumbwaiter, and platform lift fees shall be calculated using the following schedule. New Installations Semiannual inspection fees $100.00 $ 50.00 B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or pernlit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspections shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 03-17, 10-13-2003; 08-11, 2-25-08) 10-1A-5: RIGHT-OF-WAY DEPOSITS: A. At the time a building permit is issued, funds shall be deposited with the Village to repair street, sidewalk, or other right-of--way damage during construction which is not repaired by the contractor to Village standards. The amount deposited shall be determined in accordance with Section 7-9-10 of this Code. B. At time of issuance of the certificate of occupancy, or within thirty (30) days of completion of work where a certificate of occupancy is not required, the contractor shall present the deposit receipt to the Building Department for a refund of unused funds placed on deposit. Deposited funds will not be refunded until the restoration of street, sidewalk, or right-of--way is approved by the Director of Public Works or Village Engineer in accordance with Section 7-9 of this Code. (Ord 85-1, 1-25-1985; Ord 08-11, 2-25-08) 10-1A-6: PERMITS NOT ISSUED: When plans and specifications are reviewed in conjunction with a building permit application and such permit is not issued, a plan review fee equal to fifty percent (50%) of the normal permit fee shall be charged to the applicant. (Ord 99-38, 9-13-].999) SECTION 3: Title 7, Chapter 4, Section 2, Paragraph B of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: B. Connection Charges: Section 10-1A-3 of this code contains the charges for connection to wafer mains or laterals of the Village water system. The Village President and Board of Trustees may in their discretion permit connections to the Village water system to service property outside the Village limits and the connection charge shall be as provided in Section 10-1A-3 of this Code. The water rates to be paid by users located outside the Village limits shall be such rates as are in force in the Village, provided however, that no discount shall be allowed. (1969 Code 50.040; Ord 08-11, 2- 25-08) SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval azrd publication in pamphlet form according to law. PASSED this 25`x' day of February 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Tluil APPROVED by me this 25`x' day of February 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26`" day of February 2008. Carol A. Fritzshall; Village Cierk Village of Morton Grove Cook County, Illinois