HomeMy WebLinkAbout2009-02-23 AgendaAGENDA
VILLAGE OF MORTON GROVE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
February 23, 2009
Meeting 7:30 pm
I. Call to Order
2. Pledge of Allegiance
3. Roll Call
4.
5.
6.
7.
8.
9
Approval of Minutes - Regular Meeting, I'ebruary 9, 2009
Public Hearings
Special Reports
Resideut's C'o~.r~ie:as agenda aegis orEy)
President's Report -.Administration, Northwest Municipal Confer°enee, Council of Mayors, TIF
Committee, Capital Projects, Real Estate Conznxittee
Clerk's Report -Condominium Association, Advisory Commission on Aging
a. Approval of Executive Session Minutes - December 10, 2007, January 14 and 28, 2008, February
11, 25 and 27, 2008, March 10 and 24, 2008, Aprii 14, 2008, June 9 and 23, 2008, August 25,
2008, and September 8, 2008
b. Release of Executive Session Minutes -December 10, 2007
a January 26, 2009, Minute Addendum as Requested by Trustee T`hIli
10. Staff Reports
a. Village Administrator
1) Report Regarding Status of Preserves Property/Ownership and Special Use Revocation
Procedures
2) Miscellaneous Reports and Updates
b. Corporafion Counsel
ll. Reports by Trustees
a. Trustee Brunner -Legal, Family and Senior Services Department, Cable and
Telecommunications Commission, Environmental Health, Waukegan Road 7IF Re~riew, Solid
Waste Agency ofNorther°n CookCounry (Trustee Kogstad)
1 1. Reports by Trustees (continued)
b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory
Commission on Aging (Trustee Minx)
c. Trustee Marcus -Police Department, Police and Fit°e Commission, Real Estate Cwnmittee,
Chamber ofComnaeree (Trustee Thill)
d. Trustee Ylinx -Finance Depm~tment, Real Estate Committee, Plan Commission, Ferric/Lehigh
TIF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire
Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann)
1) Resolution 09-15 (Introduced February 23, 2009)
Authorizing the Execution of a Subscription Contract for Community Mass Notification
Services
2) Resolution 09-16 (introduced I'efiruary 23, 2009)
Accepting Public Improvements within the Trafalgar Square Development
e. Trustee Staackmann -Building Department, Appearance Commission, ESDA,
IT/Commu~aications, Dempster Street Con~idor Plan (Trustee Brunner)
1) Ordinance 09-04 (Introduced February 9, 2009)
Amending Title 10, Chapter 1, Article A Entitled Permit and Plan Review Pees of the
Municipal Code of the Village
Trustee Thill -Public Works, Capital Projects, Traffic Safety Conzlnission, Natural Resource
Commission, Solid Waste Agency of Northern Cook County (Trustee Marcus)
1) Ordinance 09-02 (Introduced Februar^y 9, 2009)
Amending Title 5, Chapter 9, Section 9 Entitled `i'vlunicipal Parking Zones" of the
Municipal Code of the Village
2) Resolution 09-09 (Introduced February 23, 2009)
Authorizing a Contract By and Between the Village and the Automobile Mechanics Uuion
Local No. 701 for the Period of January 1, 2009 -December 31, 201 I
12. ®ther Business
13. Presentation of Warrants - $797,963.75
14. Resident's Comments
15. Executive Session -Real Estate, Personnel, Labor Negotiations, and Review and Release of Executive
Session Minutes
16. Adjournment - To erasure full accessibility and equal pm~ticipation for all interested citizens, individuals with disabilities
who plan to attend and N~ho requi~°e certain accommodations in order to observe and/or participate in [his meeting, or who
have questions regarding the accessibility of these facilities, are requested to conAact Susan or Marlene (847/170-5220)
promptly to allow the fiillage 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.
IL V+Uage Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner,
Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. Mayor Krier said that Trustee
Kogstad was absent due to an illness in his family.
APPROVAL OF MINUTES
a. Regarding the Minutes of the January 26, 2009 Regular Meeting, Trustee Minx moved,
seconded by Trustee Brunner, to accept the Minutes as presented. Mayor Krier asked if
anyone had any changes or corrections to the Minutes. Trustee Minx had a correction on
page 5 and on page 14. On page 5, she asked that paragraph D.2.b. be changed to read
"Trustee Minx provided..." instead of Trustee Brunner's name. On page 14, she pointed out
that the vote on the Warrants was listed incorrectly. Trustee Brunner also had a correction;
she noted that the Alden's representative's name had been misspelled throughout the
Minutes. The correct spelling is "Demes". Trustee Thill also asked about an exchange that
had happened where "Roberts Rules'of Order" was cited by Trustee Staackmanh. He said'lie
couldn't find that in the Minutes. Clerk Fritzshall said she would review the tape and add it in.
Trustee Minx moved, seconded by Trustee Brunner, to approve the January 26, 2008 Regular
Meeting Minutes as corrected. Motion passed unanimously via voice vote.
b. Regarding the Minutes of the Special Meeting of January 28, 2009, Trustee Minx moved to
accept the Minutes as presented, seconded by Trustee Marcus. Mayor Krier asked if anyone
had any changes or corrections. Trustee Thill asked why the residents' questions and an-
swers weren't included in these Minutes. Mayor Krier pointed out that the Minutes weren't
supposed to be verbatim. Corporation Counsel Liston said that they can be incorporated. She
explained that the Executive Secretaries transcribe the Minutes and try to get the gist of the
meeting in. Trustee Minx moved to accept the Minutes as corrected, seconded by Trustee
Marcus. Motion passed unanimously via voice vote.
IV,
PUBLIC HEARINGS
NONE
Minutes ~fFedruary 9, X009 Hoard 119eeting;.
V. SPECIAL REPORTS
1. Presentation of Certificates of Appreciation to Fire Department Personnel
a. Fire Chief Tom Friel explained that five individuals in the Fire Department had gone "above
and beyond the call of duty' and helped the Morton Grove Fire Department achieve a unique
distinction by competing in the 2008 Scott Firefighter Combat Challenge World Champion-
ships, held in November 2008 in Las Vegas. Chief Friel said that basically, the Firefighter
Combat Challenge is an obstacle course, laying out five unique tasks that are linked together
and timed. This is a worldwide competition which was begun 15 years ago. There are two
objectives of this competition: to promote. physical fitness, and for public education-because
this event showcases the rigors of a firefighter's "normal" day. The chief showed a video clip
of the competition.
b. Chief Friel said the Village supports the firefighters in this event by nominally covering entry
fees for the competition. Everything else-travel, lodging, meals, etc.-each firefighter pays
on his own. These five individuals competed in the "Over 40" age category and the results are
that Morton Grove's Fire Department is the second fastest in the world in this category. In
fact, Firefighter/Paramedic Rick Pryor is the fastest individual over 40 in the world.
c. Mayor Krer and Trustee liaison Rita Minx presented Certificates cf Appreciation to Fire-
fighterlParamedic George Carlson, Firefighter/Paramedic Joe Fasolo, Firefighter/Paramedic
Rick Pryor, Firefighter/Paramedic Nate Akemann, Fire Captain Bill Porter, and Fire District
Chief Frank Rodgers, acknowledging their outstanding accomplishments in this challenge.
d. Mayor Krier said the accomplishments of these men is very impressive, noting that there are
many talented people who live and work in Morton Grove.
2. Presentation of a Distinouished Service Award by Cook County Commissioner Larry Suffredin
a. Mayor Krier introduced Cook County Commissioner Larry Suffredin, who had a Distinguished
Service Award to present td bne of Morton Grove's employeesr Commissioner Suffredin
asked two of his staff people, Brian Hopkins and Colleen Kula to come up to the podium. He
then asked Boyle Wong and his wife, Angela, to join them.
b. Commissioner Suffredin said that, for the last six years, he and a group of about 250 others
have spent New Year's Day in Linne Woods in Morton Grove, canoeing in a River Paddle
event to raise awareness of the need for conservation and protection of this region's water
resources. The event has an outstanding safety record, but this past New Year's Day, it was
particularly challenging due to the river's flood stage conditions and swift-moving current. One
of the canoes capsized. Its occupants, Brian Hopkins and Colleen Kula, struggled against the
current and finally got out of the water. They hiked through the woods and finally arrived in a
residential area. They knocked on the door of Boyle Wong and his wife. Boyle saw the two
people bleeding, freezing, and hypothermic. He and his wife went out of their way to provide
towels, dry clothes, etc. until responders came. Commissioner Suffredin said that it's a sign of
good citizenship to assist those in need. The County Board drafted a resolution, sponsored by
all of the commissioners, commending Boyle Wong and his wife for their unselfishness. He
asked Mayor Krier to present the commendation to Boyle and his wife. Mayor Krier did so,
commenting that Boyle and his wife are very unassuming people....he wasn't even aware of
the incident until he received a phone call from Commissioner Suffredin!
AAinutes of Fetirua 8, X609 $oard Meetin"'.
V. SPECIAL REPORTS (continued)
3. Taste of Paradise
a. Jim Simkins and his wife encouraged everyone to come to Morton Grove's own "stimulus
program", the Morton Grove Foundation's annual "Taste" event. This year, the event's theme
is "Taste of Paradise". It will be held at the White Eagle Banquet facility in Niles on March 5,
starting at 5:30 p.m. Tickets are $30 per person in advance, $40 at the door. Mr. Simkins
said that over 20 restaurants will be represented. There will be raffles, a silent auction, and
a live auction. All proceeds benefit local charities.
b. Mayor Krier noted that the event raises a lot of money; in 2008, over $45,000 was raised.
Mr. Simkins added that, in the 20 years that the Foundation has been doing this annual fund-
raiser, over $450,000 has been raised-and it all goes to local charities.
4. Follow-up Information Regarding Resolution 09-06 Authorizing Negotiation of a Redevelop-
ment Agreement with the Alden Network for the Development of an Affordable Senior Citizen
Housing Project in the Lehigh/Ferris TIF District
a. Mayor Krier said that, after the last Board Meeting, he had asked Village Administrator Joe
Wade to provide further information for fhe Baard's consideration and to address some
concerns that had been raised.
b. Mr. Wade stressed that Resolution 09-06 being considered tonight is to authorize negotiations
with the Alden Foundation for affordable senior housing. It's not a final action; it's only the first
step in the process. The intent is, of course, to negotiate the best deal possible for the village
and its residents, within federal constraints. Final sale price, the terms of the contract, and the
amount of TIF assistance would only be able to be determined during the course of these
negotiations. Many issues have been discussed, such as "green" building technology, parking,
etc., but there are some major topics requiring discussion tonight, such as, "Are Morton Grove
residents interested in this? What is the income eligibility requirement? Will a means test be
used? What can the Village do to maintain this as senior housing after the financing consid-
eratidns have been met? What is the probability and track recdrd of Alden's successfully re-
ceiving federal funding for this project? What is the cost of the environmental clean-up?"
c. Community and Economic Development Director Bill Neuendorf gave a brief presentation.
He noted that the Village has discussed the need for senior housing for 30 years. It was
one of the Village's goals in the 1978 Comprehensive Plan and again in the updated 1999
Comprehensive Plan. It was one of the Village's goals in 2000, when the Lehigh/Ferris TIF
District was created. In 2005, the Village passed an ordinance and set a goal of adding
40 new housing units for senior affordable housing.
Mr. Neuendorf said that, over the last week and a half, the Village has done a preliminary
market survey. 103 Morton Grove seniors said they would be interested. Two former resi-
dents said they would be happy to come back to Morton Grove if senior affordable housing
was available. Two residents responded that they were not interested.
d. Regarding the environmental clean-up costs, Mr. Neuendorf said he spoke with the Village's
environmental consultant to try to get some numbers. The Illinois Environmental Protection
Agency (IEPA) is basically waiting for the Village to say what's going to be built on that prop-
erly. Depending on the type of development, the clean-up costs could be as little as $20,000
(for a building with a lot of paved area) or up to $500,000, if the development has a lot of
grassy area.
....Minutes of FebraaNH,'~009 f3oaM Meeting
V. SPECIAL REPORTS (continued)
Next, Beth Domes from the Alden Foundation recapped Alden's proposal. They're proposing
to build an affordable, "independent living" senior housing facility for seniors age 62 and over.
There would be a total of 85 apartments with patios or balconies, and many "common areas".
76 of the apartments would be one-bedroom; nine would be two-bedroom. 71 of the apart-
ments would be affordable, the rest would be "market rate', except one would be for alive-in
custodian. The 71 affordable units would have limited rents and different income qualifications
for the different rent levels.
f. Ms. Demes set they would be setting aside units for seniors at 30%, 50%, and 60% of the
Chicago area median income. At 60% of median income, that's roughly $32,000 for a single
household and $36,000 for atwo-person household.
g. Ms. Demes said, regarding the concerns expressed about how many Morton Grove seniors
would 'qualify' to live in this affordable housing, that she ordered a senior life report from a
goo-demographics company that updates census data and provides information for marketing
purposes to its clients. Based on their 2008 census estimates, there are plenty of Morton
Grove seniors who would qualify. According to the report, 38% of households headed by a
person age 65 or over (1,138) are living on less than $35,000 per year. They would qualify for
these units. 11 % of households headed by a person age 65 or over are living on less than
$ i 5,000 per year Those seniors :mould qualify for the any of the nine units reserved for 30°~
of the median income. Ms. Demes said there seems to be confusion regarding "assets" in
terms of qualifying. It's not like nursing homes or Medicaid. She said that Alden's looks at
income and income from assets-not the value of the assets. She likened it to one's tax
return.
h. As far as community preference, Ms. Domes said she understands the Village's desire to have
this development be for Morton Grove residents and their families. She said Alden is commit-
ted to working with Morton Grove to provide community preference for Village seniors or eld-
erly relatives of Morton Grove residents. She said if the resolution was approved tonight,
Alden's would work to have community preference language in the redevelopment agreement
that would be acceptable to the Board and within the fair housing laws.
Ms. Domes said there would be a Special Use with this project, restricting the building for
seniors age 62 and over. It will never become amulti-family dwelling place unless its owner
requests a change of use before the Board. As far as financing, Alden's has been 100%
successful in securing financing in all eight of the projects it has brought before the Illinois
Housing Development Authority. Seven of the projects were affordable, independent senior
living developments just like what they've proposed for Morton Grove. She said Aldeh's is
confident that they can secure the financing to do this project.
Steve Friedman, the Village's TIF consultant, said that most remaining open issues, such as
parking configuration, are typically worked out through the negotiation process, where there
are tradeoffs involved in achieving certain goals. Projects such as this one have multiple
layers of financing (such as tax credits, soft money, first mortgage, and discounted /free land).
Working out all the details requires negotiating the physical plan and then moving into the
December funding cycle. This timeframe gives the Village and Alden's ample time to work
through all the details, and at that point of moving into the December funding cycle, Alden's
would need to have the redevelopment agreement and approved zoning in place.
....Minutes of fetituaN 9, 2D0!9 $naM Meeting
VI. RESIDENTS' COMMENTS (Agenda Items Only)
a. Harold Cohon, 9237 National. Mr. Cohon said that he erred in a recent letter to the editor
that appeared in the Morton Grove Champion. Mr. Cohon said he was alluding to Trustee
Thill's request to wait for six weeks to discuss the affordable housing development issue.
Mr. Cohon said his error was saying "six weeks"; in reality, Trustee Thill had requested asix-
month wait.
b. Patrick Kansoer. Mr. Kansoer said that many of the questions he had were answered already
this evening, but he still had a few. He thought it was "strange and ironic" that, ten years ago,
he had addressed a situation about spending public funds on affordable senior housing in the
Village. Mr. Kansoer asked if Morton Grove residents would, in fact, qualify for this, comment-
ing that he would probably sign up if he knew that he qualified. He said he had done some
research, and asked if this was a "202" project. Ms. Demes said it was not. Mr. Kansoer asked
if this development was therefore not bound by all the HUD rules and regulations. He won-
dered what is considered "affordable senior housing", not necessarily by Alden, but by the
rules of the federal government. He also asked if this was the "highest and best use' of this
land and tax money. He said he keeps-hearing that Morton Grove has "no skin in the game",
but noted that staff time and consultants' time has already gone into this, so there has already
been cost to the Village. Mr. Kansoer said that, when the Village first acquired this property,
residents were told that It Co:!!d be used ror retail or a ..^.ew library. Then the Village rock out a
bridge loan on it. Next, four years later, 100 Requests for Proposals are sent out and only five
came back. He wondered if the criteria were faulty, and stated that, since the Village has now
at least $4 million into this, is this truly the highest and best use of this land? Especially since
it's quite likely that Alden's will receive it at no cost, or at minimal cost. Mr. Kansoer said that
some choices that have already been made with regard to this property have not been good.
He felt that delay would be preferable to error, and encourage the Board to think this through.
Mayor Krier said that he has always said that the only way affordable housing gets done in
any community is by putting "skin in the game'. Builders don't want to do it-it's not profitable.
The municipality has to put it "skin in the game" in order to get it.
c. Dan DiMaria. Mr. DiMaria first encouraged everyone to come to the Taste. As a former
Board member, he said he agrees that the Village does have a lot of skin in the game; there
are a lot of dollars invested in this property. There are 14 units in the building at market rate.
Mr. DiMaria said, because the Village does have so much skin in the game, he personally
would recommend that the development should be 100% affordable, not 84% affordable and
16°!° market rate-especially if the Village is going to virtually "give" this property away.
Mayor Krier said that this resolution authorizes negotiation. If the Village wants it 100%
affordable, it will probably have to put more skin in the game.
d. BiII Luksha. Mr. Luksha said he is concerned about senior housing, noting that, currently,
there's only one building in Morton Grove providing it. He felt the Village could use ten
projects like this to meet the demand. However, he wanted to respond to a speaker from the
last meeting who felt this project wasn't consistent with the overall vision of the TIF framework
plan, and who wondered if low income seniors would be using Metra or the retail shops
planned for the train station area. Mr. Luksha reminded the assemblage that Elliot Builders
received $5 million from the Village without having to build the senior housing component that
was part of the original agreement. He felt that each trustee who votes should look in the mir-
ror and look at the people they represent, and see if their vote would be a political "football".
Minutes of Fetiraa 9, 20098oard Meetin...
VI. RESIDENTS' COMMENTS (Agenda Items Only} (continued)
Mr. Luksha wondered if the idea behind the request to delay was so that this could be a
"feather in the cap' of the party in power after the election. He said it shouldn't be that way.
e. Betty Primer. Mrs. Primer, a 90-year old, 54-year resident of the Village, said she loves
Morton Grove and thought it was very important to have senior housing. Many villages do
not have it. She hoped the trustees would go for it.
Mayor Krier congratulated Mrs. Primer for her care for and involvement in the Village.
Jack Malloy, 5937 Washington. Mr. Malloy, a 48-year resident and Chairman of the Advisory
Commission on Aging, said he had submitted a letter to Mayor Krier. The mayor read the
letter, which stated that the Commission is in favor of obtaining senior housing, and strongly
feels it should be the Village's number-one priority. Mr. Malloy said that he had been a
member of the Affordable Housing Commission five years ago. The Commission, at that time,
sent findings and recommendations to the Board, and one of the recommendations was to use
a portion of TIF land for affordable housing. He pointed out that there are very few rental units
in Morton Grove, and felt the Village should "jump at the chance" to help Alden's. Mr. Malloy
Said tha: S°n:OrS t~~day al'e "house-„ch, but inca~, -poor .
9 Eric Poders, 7940 Foster. Mr. Poders said that it was interesting that School Districts 63 and
69 are in the process of possibly doing a variety of "life safety" renovations. He thought he
understood why the Board wants to move quickly on this; it's due to the percentage of the
bond issue. He said he also understood Trustee Thill's points, and recommended having
patience, moving slowly, and making every step correct as the Board moves forward.
Mayor Krier said he would never accept that this has been hasty. It's been amulti-year
process.
h Mrs. Cohen, 9205 Merrill. She said she was in favor of moving ahead with this; the need is
acute.
VII. PRESIDENT'S REPORT
Mayor Krier read a letter from a resident of Central Avenue, who had appeared before the
Board earlier this year regarding the speed limit on Central. She thanked the Board for the
changes that have been made on Central, and felt her concerns and requests had been han-
dled by the Village in a timely and professional manner. She felt the street was safer now,
and thanked everyone for their time.
VIII. CLERK'S REPORT
a. Clerk Fritzshall reminded the assemblage that Morton Grove will again be an early voting site.
She said that the first day that absentee ballot applications will be accepted is February 26.
She said that she doesn't have any applications yet from the Clerk's office, but expects them
shortly. March 10 is the last day to register to vote, but anyone interested can go to the
County Clerk's office at 69 W. Washington to register after that date.
s
1Ninutes of ~etiruary8, 2D09Hoard 1NeeYing'.
VIII.
CLERK'S REPORT (continued)
b. Clerk Fritzshall reminded the assemblage that early voting is from March 16 to April 2. From
April 3 to April 6, individuals can vote in person at the County Clerk's office. April 2 is the last
day that absentee ballots can be postmarked.
c. Referring to the Firefighter Championship Challenge competition, Clerk Fritzshall commented
to Chief Friel that she had a great idea for a calendar next year!
IX.
A. Village Administrator
Mr. Wade had no report.
B. Corporation Counsel:
~tg, L jetnn har! n~ report,
X.
A. Trustee Brunner:
STAFF REPORTS
TRUSTEES'REPORTS
Trustee Brunner had no formal report, but announced that the Cable & Telecommunication
Commission wanted to let residents know that the FCC has decided to delay the transition of
television sets from analog to digital. That transition was scheduled to occur on February 17,
but has been postponed to June 12. However, some channels may move forward with the
transition, and may therefore be unavailable after February 17, if you don't have cable or a
digital converter. Coupdns fdr digital°converter bbxes are available (at`alimit ditwo per
household) by calling 888-388-2009 or by visiting the FCC's web site, www.dtv2009.org.
Coupons must be redeemed by July 31, 2009.
B. Trustee Kogstad:
Trustee Kogstad was absent-no report.
C. Trustee Marcus:
Trustee Marcus complimented the Fire Department on their outstanding efforts.
2. As liaison to the Chamber of Commerce, Trustee Marcus encouraged everyone to attend a
Business After Hours event this Wednesday, February 11, at Classic Bowl, from 5 to 7pm. He
said it was a great opportunity to do some networking and to see the newly-renovated bowling
alley.
--
PAinutes of FetiruaN 9, ~O119 HeaPo Meeting
X. TRUSTEES' REPORTS (continued)
D. Trustee Minx:
1. Trustee Minx presented Resolution 09-06, Authorizing Negotiation of a Redevelopment
Agreement With the Alden Foundation for the Development of an Affordable Senior
Citizen Housing Project in the ~ehighlFerris TIF Redevelopment District.
a. Trustee Minx said that there's already been much discussion and many presentations on this
matter, and moved to approve this resolution. The motion was seconded by Trustee Brunner.
b. Trustee Thill said that he wanted to respond to some comments made at the last meeting. He
said that Mayor. Krier had likened Morton Grove to a ship that was kept in the harbor, saying
we had not gotten new development in town because of "keeping the ship in the harbor." He
pointed out that The Woodlands had been built on an aging warehouse site; Trafalgar Square
had been built on an open field; and Trafalgar Woods is being built on a former manufacturing
site. The Toll Brothers are doing a development just south of Dempster that was the former
site of an old banquef facility. As a matter of fact, a sitting trustee two years ago complained
that there was "so much in the development pipeline, it's taken two years to clean it out."
Trustee Thill asked, "What's in the pipeline today? Nothing! Our ship hasn't been in the
harbor, it's been in drydock." He pointed out that the OTB would have brought between
$1.5 and $2 million de:lars ;nso nnorton GfC'J... •t ` .,uld aiso ha.e bn^ught ;n a r.,sta..,anf
something many people have said the town sorely needs. However, it was not welcome ~ He
asked that some thought be given to the question, "How is our ship being managed today?"
c. Trustee Thill said the only reason the Board has gotten so much information on this proposed
Alden development is because he asked for the time to ask questions and get them answered.
He said that, between the over-inflated purchase price of the land and the other expenses to
date, the Village has between $4 and $4.5 million invested in it. Based on Alden's figures, the
Village will be paying between $11,000 and $17,000 per unit for this project. The Board was
also told that 84 units would be affordable; now it's being told that 17 units will be market rate.
That was a real concern. Another developer wants to put senior housing in town; Trustee Thill
wondered if this would be competitive. He said he didn't know how Alden's came up with the
figures of between $11,000 and $17;000 perllriit, because wheh he took $4 million and
divided it by the number of units, his answer was between $50,000 and $60,000 per unit. He
said he had a conversation with an Alden's representative this week and asked him about the
$1.9 million they were projecting to raise with this development. The representative asked
Trustee Thill where he had gotten this $1.9 million figure. He replied that it was on one of the
papers the trustees had received. The Alden's representative had no knowledge of this.
Trustee Thill wondered if the $1.9 million was real estate tax revenues that were coming back
to the Village, and if so, was it the projected amount over the life of the TIF, or annually, or
what. He said that his purpose in asking questions is not to stop this project, it's to be able to
make a decision based on as much information as possible. Trustee Thill said that, as a result
of the questions posed at the last meeting, Board members received 16 more pages of
information that they would not have gotten if not for him asking questions.
d' Trustee Thill said Mayor Krier had told him at the last meeting that he was asking "unanswer-
able" questions, such as, has the Village done a survey? Now the Village is doing a survey!
He said he was sorry if anyone thought he was asking "too many" questions, and sorry if any-
one didn't like the questions he was asking, but he was just seeking information, not trying to
throw up roadblocks. He said he appreciated the seniors speaking up tonight for this project,
but noted there are a lot of nuances to this. There's a lot of money involved and a lot of
people who won't be using this development. Those people are wondering why the Village
wants to use their money for this project.
Minutes n#fetiruaTY 9, 301198oaN MeeYn9~
X. TRUSTEES' REPORTS (continued)
D. Trustee Minx: (continued)
e. Trustee Thill said the Board needs to think about that, and needs to be able to make a
thoughtful vote on this matter by getting as much information as possible. He did not want to
be criticized for asking questions in order to obtain said information. He said Mayor Krier had
asked, "How are we rushing this?" Trustee Thill pointed out that there were two "special
meetings" that had been set up regarding this project that ended up being cancelled because
of his request to postpone a vote on this resolution for two weeks.
f. Trustee Brunner asked to correct a statement by Trustee Thill. She said that, in the proposal
Alden's had given to the Board in November 2008, the rent and income targeting were: Nine
1-bedroom units for 30% of area median income; seven 1-bedroom units for 50% of area
median income, 48 1-bedroom units for 60% of area median income, twelve 1-bedroom units
at market rate, one 2-bedroom unit for 50% of area median income, six 2-bedroom units for
60% of area median income, and one 2-bedroom unit at market rate, so Alden's had been
upfront about telling the Village that the development wouldn't be 100% affordable housing.
g. Trustee Minx said she's never had a problem asking questions. The Board has been
inundated with literature and she's taken notes at every presentation, and most of Trustee
Thill's questions Were already addressed in theca precentatipnc and in tha literatures rarait%ed,
She didn't feel the two-week delay was necessary, but if it made Trustee Thill feel better, she
was glad. The 16-pages of "new" information is not new, it was in documentation the Board's
already received.
h. Trustee Staackmann said that he's very much in favor of affordable senior housing, and in
serving the best interests of the Village overall. He said that, putting this issue on the table for
more scrutiny, and getting more facts, is in the best interests of the entire Village, because it's
everyone's money that will be spent on this project. He thanked Alden's for their helpfulness
and professionalism, with very well-run operations. He thanked them for allowing the Board
some extra time to deliberate on this matter. Trustee Staackmann said he did not feel the
two-week delay would significantly hamper this project. With this resolution, the Village will be
spending at least $10,000 onlegal fees alone; plus staff time and consialtanttime. Alden's wilt
likely spend $100,000 on putting together a negotiated agreement. In fairness to them and
the Village residents, it's a large investment and both sides need to understand that there are
some hard issues that may not be able to be resolved. He noted that a few months ago, the
federal government did a bailout for financial institutions, thinking it was the right thing to do,
only to find out now that a good portion of the bailout funds have been spent on bonuses, the
purchase of private airplanes, and paneling executives' offices. A little time and talk never
hurts to find out what your money is being spent on, to get a clearer picture.
Trustee Staackmann said that Alden's has reassured him on several things, but he still had
some concerns, such as, what will it take for Morton Grove residents to move into this build-
ing? If you send out 200 flyers telling people it will cost them between $300 and $900 a month
to live in a beautiful new building, a vast majority will probably say yes, but what will it take to
qualify? Another concern Trustee Staackmann still has is, "What's the guarantee for Morton
Grove residents or their families first"? The Board should want to fight for the residents be-
cause it's their money being spent on this project. Yet another concern is what happens after
30 years? Trustee Staackmann said he recognizes that there's a need for this right now, but
the Board needs to perform its due diligence by asking questions that deal with both the short-
term and long-term. Future Boards often have to rectify mistakes made by past Boards, and
that often takes more money than it would have, had enough time been taken and questions
asked early in the process.
Minutes afFeb~uary 9, 20(19 Board Meetin9l
X. TRUSTEES' REPORTS (continued)
D. Trustee Minx: (continued)
Trustee Staackmann said he's heard that 170-200 people are looking to get into the White.
House in Morton Grove, but now has a memo that says it's only about 75 people...and only
one-third of them are Morton Grove residents. The ordinance that covers the White House is
the same one that would cover this project, in terms of community preference. If only 33% of
the White House is Morton Grove residents, is the Village going to spend millions of dollars on
this project, only to have it, too, be just one-third occupancy being Morton Grove residents?
The Board needs facts like this upfront, so that trustees know what the Village is getting into.
Trustee Staackmann said he's willing to vote on this tonight, but pointed out that, just because
the Board goes forward with this resolution doesn't necessarily mean that a viable redevelop-
ment agreement will be worked out, although he hoped that would be the case.
k. Trustee Marcus recalled that, when he was asking residents to vote for him two years ago,
an issue he often heard was "senior housing". He said the Board can't change the issues
involved with this parcel (i.e., the purchase price) because that's in the past. If mistakes have
been made, they can't be undone. Trustee Marcus said let's deal with "today' and move for-
ward. The residents want to see the trustees provide leadership and a vision for the future.
He, personally, wants to feel that he's accomplished something positive for Village residents.
He said that he shared his col'•eagues' concerns at?out using taxpayer dollars, t,r,t this resolu-
tion is to move forward to try to reach an agreement. Trustee Marcus said that it's prudent
to ask questions and have them answered. He thanked Village staff for working on getting
answers, and complimented Alden's. He said he was confident in their background and their
professionalism, and felt that this project would be "of the finest quality" possible. He noted
that the CEO of Alden's is a Morton Grove resident and the president of the construction
group was raised in Morton Grove, and that reinforces Alden's commitment to professional-
ism. He said this project would be a benefit to the community and taxpayers, and that he will
support this resolution.
I. Mayor Krier felt that many of the points brought up tonight were "political," and said that this
project is too important for it to become thus. He said he was glad that Trustee Staackmann
acknowledged that there is a current'needfor this and said he would respond during the
election campaign to some of the issues that have been raised, but tonight is not the time to
play politics.
m. Trustee Brunner had a question for Ms. Demes regarding this project being a 202 project.
Ms. Demes said that there is a HUD program called a 202, it's like section 8 housing, except
that it's specifically for seniors. Residents pay 30% of their income in rent, with the balance
being subsidized from HUD. Alden's isn't doing this; rents are staggered at different levels.
n. Ms. Demes said that there will be soft loans from HUD in the financing of this project. The
laws that have to be followed in terms of residency preference are the fair housing laws. Ms.
Demes pointed out that the State defers to HUD in these matters.
o. Trustee Marcus noted that the ordinance covering the White House provides for community
preference, and that ordinance was accepted by HUD. It specifically spells out that Morton
Grove residents, and families of Morton Grove residents, have preference.
p. Trustee Brunner asked Corporation Counsel if that would be part of the redevelopment
agreement. Ms. Liston responded that she did not feel it would be appropriate to start the
negotiatians now.
10
~Minutesat~ebruary 9, 20A9~oard Meeting
X.
D. Trustee Minx: (continued)
TRUSTEES' REPORTS (continued)
Mayor Krier called for the vote on Resolution 09-06. Motion passed: 5 ayes, 0 nays,
1 absent.
Tr. Brunner awe Tr. Kogstad absent Tr. Marcus afire
Tr. Minx aye Tr. Staackmann awe Tr. Thiil afire
r Trustee Brunner, before casting her vote, thanked Alden's and said she hoped there wouldn't
be a "cloud" over this project, as there was with The Woodlands.
s• Mayor Krier thanked Alden's and said he looked forward to negotiating an agreement to
provide affordable senior housing.
2. Trustee Minx next presented Resolution 09-f 4, Updating a Written Policy Governing
Investment Actimity Pursuant to Public Funds Investment Act 30 9LCS 235/2 in the
Village of Morton Grove.
She explained that the Village's Investment Policy serves as if written directive for investment
pract.^ TITe update V„CIUdL'S prc/isicns regar din,^y CUSt6di^ai vrcd risk acid third-party
custodial agreements, to provide practices safeguarding Village interests in these areas.
Trustee Minx moved to approve Resolution 09-14. Trustee Staackmann seconded the
motion. Motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner a~~e Tr. Kogstad absent Tr. Marcus ave
Tr. Minx a~~e Tr. Staackmann aye Tr. Thill ~e
Trustee Minx thanked Chief Friel for his presentation and thanked those who participated in
the Championship Challenge, saying they did Morton Grove proud.
E. Trustee Staackmann:
Trustee Staackmann introduced for a first reading Ordinance 09-04, Amending Title 10,
Chapter 1, Article A Entitled "Permit and Plan Review Fees" of the Municipal Code of
the Village of Morton Grove.
He explained that the purpose of this ordinance is to reduce the permit fee for the replacement
of water heaters from $50 to $35, and to amend the fee for commercial/industrial parking lots.
There was no further discussion.
2. Trustee Staackmann congratulated Chief Friel and all those who participated in the
Championship Challenge.
11
....Minutes of Pebrua 9, 20098oard R7eetin=`
X. TRUSTEES' REPORTS (continued)
F. Trustee Thill
Trustee Thilf presented for a first reading Ordinance 09-02, Amending Title 5, Chapter 9,
Section 9 Entitled "Municipal Parking Zones" of the Municipal Code of the Village of
Morton Grove.
He explained that this will update the Village's regulations pertaining to municipal parking
zones, and will include the new free Dempster Street parking lots. One of the provisions
precludes people from parking in these Dempster Street parking lots between midnight and
6:00 a.m.
Trustee Brunner asked, if the Village built more parking lots on Dempster; would this
ordinance need to be amended later? Trustee Thill said he believed that this would cover
future properties. Corporation Counsel confirmed that Trustee Thill is correct.
Trustee Thill said that he had received a call from Steve Kropp, who is looking for people to
take advantage of a housing maintenance program called "Build America", which has to do
with providing house maintenance for seidiers. 're encouraged residents±o contact':~r. Kropp
if they could use the assistance of this type of program.
XI. OTHER BUSINESS
NONE
XII. WARRANTS
a. Trustee Minx presented the Warrant Register for February 9, 2009, in the amount of
$1,217,741.20. She moved to apprdve the Warrants; seconded by Trustee Marcus:
b. Trustee Staackmann had a question regarding a charge fora "No Gum Chewing" sign at
the Civic Center. Senior and Family Services Director Jackie Walker O'Keefe said it was
necessary because the Civic Center is a rental facility. There have been issues with finding
gum under the tables or ground into the floors. When that happens, the Civic Center charges
for the clean-iap. They wanted to make it very clear that gum chewing is prohibited.
c. Trustee Staackmann asked about a payment to Alliance Contractors on page 1. Acting
Finance Director Ryan Horne said he would pull the documentation and let the trustees know.
d. Trustee Staackmann asked about animal boarding fees (pg. 12) totaling over $1100. Police
Chief Paul Tasch responded, noting that $411 had been for boarding two feral cats; they're
required to be boarded before they can be euthanized. $782 is for a house on Luna that had
a fire; they've had to take a dog out of there twice. The owners owe the Village a lot of
money. Ms. Liston added that the Village received a judgment in this case of over $15,000.
This will cover the Village's cost and also emphasizes the serious nature of the charges.
12
'Miautes offebruaN~, ~OD9 hoard Meeingl,
XII.
WARRANTS (continued)
e. Trustee Thill noted there's another payout of refunds due to the pay boxes at the train station.
He thought the vendor was upgrading the system so that this wouldn't keep happening. He
wondered what was going on. Public Works Director Andy DeMonte said the vendor is calling
this "user error". He added that they didn't upgrade the system, they installed signage that
they hoped would make the use/operation of the pay system clearer.
f. Trustee Marcus noted a $32,000 charge for salt, and asked if the Village was all set now.
Mr. DeMonte said the Village's salt dome is three-quarters full and he's confident, barring
another onslaught of winter storms, that this will last for the rest of the season.
g. Mayor Krier called for a vote on the Warrants. Motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner a~~e Tr. Kogstad absent Tr. Marcus aye
Tr. Minx ~ Tr. Staackmann ~ Tr. Thill ave
X! I!.
XIV.
RESIDENTS' COMMENTS
Pat Kansoer. Mr. Kansoer had a question regarding alarm fees. He said that, about six weeks
ago, he had received a letter from the Village requesting him to pay his alarm fee. He said he
understands that there would be an expense to the Village to have someone come out and
actually check out his alarm system, and said he understands why the Villlage charges for
false alarms. What he did not understand is why the Village charged an annual fee. He said
he researched this and could find no other community around here that does. Mr. Kansoer
wanted to know what he was getting for his $50 annual fee payment, and if anything could be
done about this.
Mayor Krier said the staff would research this.
Trustee Minx said that Skokie charges an annual alarm permit fee.
Eric Poders. Mr. Poders alluded td a rumor he had heard about the Finance Director leaving
under pressure and about financial inconsistencies. Mayor Krier said he was not going to
discuss any rumors or innuendoes, but wondered if Mr. Poders had heard the rumor from a
viable source. Mr. Poders said that it was from a viable source. Mayor Krier said he hoped it
wasn't from a trustee, and stated that the Village's finances are transparent and an open book.
ADJOURNMENT/EXECUTIVE SESSION
There being no further business, Trustee Minx moved to adjourn the meeting. Trustee
Thill seconded the motion. Motion passed: 5 ayes, 0 nays, 1 absent.
Tr. Brunner aye Tr. Kogstad absent Tr. Marcus
Tr. Minx awe Tr. Staackmann ~ Tr. Thill afire
The Board Meeting adjourned at 9:32 p.m.
13
Minutes offetituary 9, ~O1198oartl Meeting
PASSED this 23rd day of February, 2009.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 23rd day of February, 2009.
Richard Krier, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 24th day of February, 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove, Cook County, Illinois
Minutes by: Teresa Cousar
14
Leeislative Summary
Resolution 09-15
Authorizing the Execution of a Subscription Contract for Community Mass Notification Services
Introduced:
Synopsis:
Pm•pose:
Saclcground:
Department Affected:
Fiscal Impact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations
Or Requirements:
Respectfully submitted:
_:..r
February 23, 2009
This Resolution authorizes the Village Administrator, Acting Finance Director, and Fire
Chief to execute a contract with 3N Inc. of Glendale, CA in order to provide community mass
notification services for a period of three years.
A subscription to this service is necessary in order to disseminate time critical information to
residents during emergencies or community crisis. Contracting these services to a qualified
third party vendor is preferable to purchase and ongoing maintenance of infrastructm-e and
equipment. Outsourcing this service will enable the Village to assure the most advanced
technology is available for sending public safety messages.
hi the summer of 2008, the North Suburban Emergency Communications Center (NSECC}
was directed by the Joint Emergency Telephone System (JETS) Board to solicit bids for this
service on behalf of its member agencies._Eleven (11}bids were received. A subcommittee
ofNSECC aatd JETS recommended the 3N product based upon its technical functionality.
Toward the end of 2008, members of this subcommittee were able to negotiate more
favorable pricing from 3N on behalf of Des Plaines, Park Ridge, and Moran Grove. P~torton
Grove's pricing is based upon an estimated number of households and businesses: 11,000.
This estimate formulates the basis of price quotation for Morton Grove's participation. A
Village committee of department heads reviewed the capabilities of three (3) systems. The
consensus of this committee was fo recommend the purchase of the 3N product. While this
product may appear to cost $1,000 more per year than the lowest vendor, its superior function
features and unlimited available minutes make the added expense nominal when compared to
its anticipated utility.
Fire, Police, Public Works, IT, Administration, Family and Senior Services
$1,321 (one time initial set up) plus $11,000/year over a 3 year contract.
Fiscal Year 2009 Approved Budget (50% Fire Department, 50% Water Fund)
The management and supervision of this purchase will be preformed by the Fire Deparpnent
as part of their normal duties.
Approved. as presented
Not Required
None
Village Administrator
Prepared by: ~,.,/~/`l~ra~ ~ ~ _ Reviewed by: _ j~k~G
Fire Chi o v Friel Teresa F[offman
Corporation Counsel
RESOLUTION 04-15
AUTHORIZING TH'E EXECUTION OF A SUBSCRIPTION CONTRACT FOR
COMMUNITY MASS NOTIF7CATION SERVICES
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, purchase, and incur debt; and
WHEREAS, the Village of Morton Grove as a unit of local government is authorized to
exist under the terms of the Illinois Compiled Statutes; and
WHEREAS, the Village desires to provide a means by which time critics! irfornlation
can he efficiently and effectively disseminated to large numbers of residents in a short time
during emergency or crisis situations; and
WHEREAS, the Village desires to enter into a renewable contractual relationship with a
qualif ed vendor of "mass notification" services; and
WHEREAS, the Village has independently solicited proposals from selected vendors of
mass notification services, as well as participated in a Cooperative Procurement Process through
the North Suburban Emergency Communication Center (NSECC); aizd
WHEREAS, the Municipal Code, Title 1, Chapter 9, Article A-6, entitled
MISCELLANEOUS PURCHASING REQUIREMENTS includes direction for soliciting. bids..........
and entering into purchasing agreements with qualified vendors of professional services and
through Cooperative Procurement Programs/Processes; and
WHEREAS, the Village of Morton Grove, through NSECC and under the direction of
the Joint Emergency Telephone System (JETS) Board, solicited and received eleven (11)
proposals from vendors of community mass notification systems; and
WHEREAS, as a result of a review of the proposals received, Village staff asked for, and
received, live demonstrations of three (3) qualifying systems; and
WIiEREAS, the three (3) vendors of demonstrated systems submitted the following
pricing for services:
Vendor I-time Set un Fee
Blackboard/Connect CTY $750
Emergency Commun. Network NA
3N - InstaCom
$ I ,321
Annual Fee Comments
$19,586 $2.25lhousehold/use
$]0,000 30,000 message minutes
$11,000 Unlimited use & 3
year contract
WHEREAS, after review by department. staff, it has been determined the lowest
appropriate bid from a qualified vendor that was most responsive to the needs of the Village was
submitted by 3N Inc. of Glendale, CA; and
WHEREAS, funds for this purchase have been allocated in the Village of Morton Grove
Adopted Budget -Fiscal Year 2009.
_ NOW, THERFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLO ~JS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: The Village of Morton Grove is authorized to enter into an agreement with
3N Inc. oY Glendale, CA, to purchase services for community mass notification per a
proportionate "MOrCOn Grove share" as in the attached quote dated January 1, 2009.
SECTION 3: The Village Administrator, Acting Finance Director, and Fire Chief are
hereby authorized to execute, and the VIllage Clerk to attest, the purchase agreement with 3N
Inc., for the aforementioned services over a 3 year contract for the "Year 1"purchase price of
$12,321 and $11,000 annually thereafter, and to take all steps necessary to ensw~e the prompt
training of persom~el and efficient implementation of community mass notification.
SECTION 4: This Resolution shall be in full force and effect upon its passage and
approval.
PASSED this 23rd day of February 2009.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmatu7
Trustee Thill
APPROVED by me this 23`d day of February 2009.
Richard Krier, Village President
Village cf P~Icrton Grove
Cook County, Illinois 60053
APPROVED and FILED in my office
Tlus 24`x' day of February 2009
Carol A: Fritzshali, Village Clerk
Village of Morton Grove
Cook County, Illinois
3n Global, Inc.
Service Agreement
This Service Agreement ("Agreement") is entered into by and between 3n Global,
Ina ("3n"), and Village of Morton Grove ("Customer"), on February 23, 2009{the
"Effective Date"). 3n and Customer are each hereinafter sometimes referred to as
a "Party" and collectively, the "Parties"
THE PARTIES AGREE TO THE FOLLOWING TERMS AND CONDITIONS
`GOVERNING THE USE OF 3N'S SERVICE:
1. DEFINITIONS. As used herein, the following terms shall have the
meanings ascribed to them as set forth below;
"3n Technology" includes, without limitation, the Software, all proprietary
technolooy (including software, hardware, products, processes, algorithms, user
intertaces, know-how, techniques, designs, and other tangible or intangible
technical material or information) made available to Customer through the Service
or otherwise in connection with this Agreement. "Applicable Law" means any
domestic or foreign law (statutory, common, or otherwise), order, writ, injunction,
decree, award, stipulation, ordinance or administrative doctrine, ordinance,
equitable principle, code, rule, regulation, executive order, request, or other similar
authority enacted, adopted, promulgated, or applied by any Governmental Body,
each as amended including, without limitation, the Telephone Consumer Privacy
Act (TCPA, 47 USC Section 227) and implementing Federal Communications
Rules (47 CFR 64.1200), the CAN-SPAM Act (15 USC Section 7707 et seq.) and
the FCC's implementing rules (47 CFR Section 64.3100, with respect to
communications to wireless devices) (47 CFR 64.3100), and the Federal Trade
Commission's implementing rules (16 CFR Section 316.3, with respect to
communications to computers). "AUP" means the Acceptable Use Policy of 3n,
available at http://www.3nonline.com/3naupdoc/, as may be amended Nom time to
time to time. "Customer Data" means the names and contact paths for Members,
and any and all electronic tl2ta provided by Customer to 3n in connection with the
use of the Service. "Governmental Botly" means any legislature, agency
bureau, branch, department, division, commission, court, tribunal, magistrate,
.justice, multi-national organization, quasi-governmental body, or other similar
recognized organization or body of any federal, state, county, municipal, local, or
foreign government c ether similar recognized orger~ization or body exercising
similar powers or authority. "Intellectual Property Rights" means patented or
unpatented inventions, patent applications, patents, design rights, copyrights,
trademarks, service marks, trade names, domain name rights, mask work rights,
know-how and other trade secret dghts, and all other intellectual property rights,
derivatives thereof, and forms of protection of a similar nature anywhere in the
world.
"Member" or "Members"" shall mean Customer's employees, agents,
-representatives, clients, customers, suhscribers, members andlor other persons or
entities whom Customer may wish to contact using the Service, provided,
however, that each Member Record, ii more than one for any Member, shall be
deemed to represent a separate Member for all purposes :hereunder. "Member
Record" includes, without limitation, the Customer Data for a Member. "Quote"
means the description of Services purchased by Customer, subject to the terms
and conditions hereof, which is attached hereto as Exhibit A and incorporated
herein by this reference "Software'".means the computer sourcecodeand ob)ect
code, including, without limitation, the software, provided or used by 3n in
connection with the Service provided hereunder "Users" means Members,
Customer's employees, consultants, contractors or agents who are authorized to
use the Service and have been supplied user identifications and passwords by
Customer (or by 3n at Customer's request).
2. SERVICE. Subject to the provisions of this Agmement, 3n shall provide
Customer access to the service utilizing the Software, applications and services
that comprise the 3n Mass Notification System, an automated system for delivery
of messages to multiple Members via multiple communication paths, and for
processing responses thereto, as set forth in the Quote (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the current
Service, inGuding any new Service, will be subject to the provisions of this
Agreement. 3n shall make the Service available to Customer pursuant to the
terms and conditions set forth in this Agreement. Customer agrees that its
purchase of the Service is not contingent upon the delivery of any future
functionality or features nor is it dependent upon any oral or written public
comments made by 3n with respect to future functionalityor features.
USE OF THE SERVICE.
3.1 3n Responsibilities. 3n shall: (i) in addition to its confidentiality
obligations pursuant to Section 10, not use, edit or disclose to any party other than
Customer, the Customer Data, unless otherwise required by a Governmental
Body; (ii) use commercially reasonable effons fo provide the Service herein
contemplated; (iii) use commercially reasonable efforts to provide support for the
Service, except for: (a) planned downtime as therein set forth or (b) any
_. unavailability caused by circumstances beyond 3n's reasonable control, including
-"without limitation, acts of God, acts of government, flood, fire, earthquakes, civil
unrest, acts of terror, strikes or other Tabor problems, computer,
telecommunications, Infemet service provider or hosting facility failures or delays
involving hardware, software or power systems, and network intrusions or denial
of service attacks, in each case, which are not within 3n's possession or
reasonable control
3.2 Customer Responsibilities.
(a) Customer is responsible for all activities that occur under
Customer's account. Customer shall: (i) provide 3n with the Customer Data for
Members that Customer and Customer's authorized users want to communicate
with using the Serice4 (ii) provide 3n with this Customer Data in a form and format
specified by 3n, if so required; (iii) have sole and exclusive responsibility for the
accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer
Data; (rv) maintain a copy of ail Customer Data it provides to 3n; (v) designate
certain Users to access and use the Service on Customer's behalf; (vi) ensure that
Users shall at ail times use the Service in accordance and in compliance with this
Agreement, and the AUP, as each maybe updated periodically by 3n; (vii) prevent
unauthorized access to, or use of, the Service, and notify 3n promptly of any such
unauthorized use and, notwithstanding anything tothe contrary in this Agreement,
3n shall have no liability for any losses, damages, claims, suits or other actions
arising out of or in connection with such unauthorized or improper use of the
Service by Customer, Users or Members; and (viii) comply with all Applicable
Laws; (ix) cause such number of its employees, as determined by Customer, to
undergo initial setup and training, as set forth in the Quote; (x) not cause any
disturbances, outages or take any other actions that may adversely affect the
Service; and (xi) be responsible for, andlor its Users shall be responsible for,
payment of any service fees, text messaging fees, and any other third party fees
or expenses, associated or incurred in connection with, the access or use of the
Service by Customer and/or its Users. Customer acknowledges that it is solely
responsible for the content of any information that it makes available through the
Service and that 3n will not, except as otherwise expressly herein set forth,
monitor Customer or Customer's use of the Service to examine the content
passing through it. Notwithstanding anything to the contrary in this Agreement, in
no event shall 3n be liable to Customer, a Member or any other third part for any
failure on the part of Customer to fulfill its responsibilities pursuantto this Section
3.2 and 3n expressly disclaims any liability arising therefrom.
(b) Customer agrees to: (i) provide true, accurate, current, up to
date and complete Customer Data and i.^.tprmation about its?If, anC (li; mairtair.
and promptly update the Customer Data to keep it true, accurate, current and
complete, the failure of which shall not impose or create any liability or obligation
on the part of 3n. If Customer authorizes 3n to do so, Customer's Members will
beallowed access to their personal Customer Data to make modifcations or
changes thereto. If Customer or any Member provides any information that is
untrue, inaccurate, not current or incomplete, Customer understands,
acknowledges and agrees that any notifications sent utilizing the Service may not
reach the intended Member.
(c) Customer may designate up to the number of Users
permitted under its account, which corresponds to the level of Service purchased
by Customer as set forth in the Quote. Customer shall be responsible for the
confidentiality and use of its Users' identifications and passwords. Customer shall
be responsible for all electronic communications (including maintenance of
Customer Data) and the sending of messages to Members ("Electronic
Communications") entered through or under a User's idenhfication andlor
passv~ord(s). Sri will act although any Electronic Communicatiohssent by
Customer shall comply with Applicable Law, and shall have been sent by an
authorized User, and shall be permitted to rely thereon for all purposes. Customer
agrees to immediately notify 3n if it becomes award of any loss or theft of a User's
identification andlor password(s) or any unauthorized use of the Service andlor
identification and/or password(s) used in connection therewith,
4. Use Guidelines. Customer shall use the Service solely for its internal
business purposes as contemplated by this Agreement and shall not: (i) license,
sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or
otherwise commercially exploit or make the Service available to any third party,
other than as contemplated by this Agreement; or (ii) use the Service in violation
of the AUP or Applicable Law.
5. TERM. This Agreement will commence on the Effective Date and will
continue in force for three (3) years (the "Initial Term"). Subject to the provisions
of this Section 5, unless terminated in writing not less than 60 days prior to the
expiration of the then current Term, or extended by written agreement signed by
both Parties, this Agreement shall automatically renew for additional successive
one-year terms (each a "Renewal Term" and, together with the Initial Term,
collectively hereinafter referred to as the "Term") and continue to renew until
terminated by either Party pursuant to this Section 5 or in accordance with the
provisions of Section 6.
6. TERMINATION; SUSPENSION.
6.1 Termination by Either Party. During the Initial Term and any
Renewal Term, either Party may terminate this Agreement for cause, upon the
other Pony's material breach of this Agreement, provided that (i) the non-
breaching Party sends written notice to the breaching Party describing the breach
in reasonable detail; (ii) the breaching Party does not cure the breach within thirty
(30) days following Its receipt of such notice (the "Notice Period"); and (iii)
following the expiration of the Notice Period, the non-breaching Party sends a
second written notice to the breaching Party indicating the non-breaching Party's
election to terminate this Agreement.
114603/000000/]29489.03 Patiel of3
6.2 Termination, Suspension by 3n. In the event Customer fails to
pay any fees or charges within thirty (30) days of the due date, 3n may terminate
this Agreement and/or the Service, at 3n' sole discretion. Tenninalion for non-
payment shall not relieve Customer of its responsibilities under this Agreement
including, but not limited to, its obligation to the pay the fees accruing under or
with respect to this Agreement for periods prior to or following such termination. In
-- furtherance of, and not in limitation of the foregoing, 3n may, at its option, suspend
ahe Service or terminate this Agreement, effective upon notice, should Customer's
or a User's use ofthe Service (i) violate the provisions of Section 3.2 hereof, or (ii)
in the event Customer fails to pay any fees or charges when due. In the event of a
suspension of the Service, Customer's account shall not be reactivated until such
time as Customer shall be in compliance with the AUP, Section 3.2 andlor shall
have paid all past due amounts, as the case may be, plus Customer shall have
paid a reconnection fee of 51,000.
6.3 Termination by the Village of Morton Grove (the Customer)
In recognition that the Village of Morton Grove (Customer) is a home rule unit of
government under the provisions of Article 7 of the 1970 Constitution of the State
of Illinois and is subject fo Illinois Compiled Statute 65 ILCS 518-1-7, the Customer
reserves the right to terminate this agreement in the event the Village Board does
not appropriate funds for the services.
7. PRICING. As consideration for the Service, and subject to the other terms
of this Agreement, Customer shall pay the fees set forth in the Quote ("Pricing").
fees for professional services, if applicable, shall be set forth in a SOW.
Notwithstanding anything to the contrary in Section 5 or elsewhere in this
Agreement, the Pricing shall be automatically increased by fve percent (5%) for
the first Renewal Term following the Initial Term, and for each successive
Renewal Term thereafter
PAYMENT TERM&; TAXES.
8.7 Payment. Unless otherwise set forth in Exhibit A, 3n shall invoice
Customer in advance for the Initial Term and annually In advance for any Renewal
Term. All payments, including, without limitation, tees for professional services,
shalt be rrrda within thirty (30) days from the date of invoice. if any fee is riot paid
within thirty (30) days altar it is due, in addition to any other rights and remedies
that 3n may have hereunder (including, without limitation, pursuant to Section 6.2),
3n reserves the right to charge interest at a rata of one and one-half percent
(1%%) per month or the highest rate allowed by Applicable Law, whichever is
lower
8.2 Taxes. Unless otherwise provided for in Exhibit A, or in a SOW, as
the case may be, 3n's Pricing and fees for professional services do not include
-any local, state, federal or foreign taxes, levies or duties of any nature ("Taxes").
Customer is responsible for paying all Taxes, excluding only taxes based on 3n's
income. If 3n has the legal obligation to pay or collect Taxes for which Customer is
responsible under this section, the appropriate amount shall be invoiced to and
paid by Customer unless Customer provides 3n with a valid tax exemption
certifcate authorized by the appropriate taxing authority.
PROPRIETARY RIGHTS.
g 1 Grant of License. 3n hereby grants tb Customer, during the
Term, anon-exclusive, non-transferable right to use the Service, solely for
Customer's ovdn internal business purposes, subjeIX to the terms and conditions of
this Agreement. Upon suspension of the Service as herein contemplated, or upon
termination of this Agreement for any reason, all licensed rights granted to
Customer pursuant to this Agreement shall terminate immediately, and Customer
shall promptly discontinue all further use of the Service.
9.2 Restrictions. Customer will not (i) copy, modify, port, adapt,
translate, localize, reverse engineer, de-compile, disassemble or otherwise
attempt (o discover the source code of the Software, the Service or any portion
thereof for any purposes, including, without limitation, to (x) build a competitive
product or service; (y) build a product using similar ideas; features, functions or
graphics of the Service; or (z) copy any ideas, features, functions or graphics of
the Service; (ii) create derivative works based on the Software, the Service or any
portion thereof or merge any of the foregoing with any third party software or
services; (iii) remove, obscure or alter any proprietary notices or labels on the
Software, or any portion of the Service; (iv) transfer, lease, assign, sublicense,
pledge, rent, share, distribute or allow any lien or encumbrance to be placed on
fhe Service or Software or any portions thereof; (v) disclose the results of any
performance, functional or other evaluation or benchmarking of the Software or
Service; provided, however, Customer may distribute the reports and other data
generated by the Service (excluding any 3n intellectual property or confidential
information included therein); (vi) use the Software, the Service or any portion
thereof to provide services to any third party or for the beneft of any third party,
including, without limitation, any entity or individual that markets, distributes or
provides notification software or services; (vii) create Internet '9inks" to or from the
Service, or "6ame" or "mirror" any content forming part of the Service, other than
"on. Customer's own intranets or otherwise for its own internal business purposes;
(viii) use, post, transmit or introduce any device, software or routine which
interferes or attempts to interfere with the operation of the Service or the Software;
or (ix) permit access to the Software, the Service or any portion thereof by any
third party other than Customer's Users who (a) are bound by the terms of a
written agreement with Customer ~~dnicr, wqi pr: -- tual Property
Rights in a manner no less protective as the [~r~ne~ h.~. e (b) use the
Software and the Service solely for the benefit of Customer .each a "Permitted
Contractor"). Customer shall be liable to 3n for any breach of the terms of this
Agreement by any of its Permitted Contractors to the same extent that Customer
would be liable hereunder had it committed the same breach.
9.3 Reservation of Rights. Other than as expressly set forth in this
Agreement, no license or other rights in or to the 3n Technology or Intellectual
Property Rights therein are granted to Customer, and all such licenses and rights
are hereby expressly reserved. In fudherance of, and not in limitation of the
foregoing, 3n owns all rights, title and interest, .including any and all related
Intellectual Property Rights, in and to 3n Technology and the Service and any
suggestions, ideas, enhancement requests, feedback, recommendations or other
information provided by Customer or a User, relating to the Service. Customer
acknowledges and agrees that 3n will retain all right, title and interest to bench
marking data, abstracted derivative data, transactional, performance data and
metadata (but not to Customer Data) related to use of the Service or the Software
and the Service which 3n may aggregate, benchmark and collect in such a way as
to not allow itleMification of Customer or a User (including Software use
optimization and product marketing), provided that such use does not reveal the
identity of Customer or Usere or specifc Software use characteristics that may be
identified to Customer (collectively, the "Transactional Data"). This Agreement is
not a sale and does not convey to-Customer any rights of ownership in or related
to the Service, 3n Technology or Intellectual Property Rights owned by 3n,
provided, however, that as between 3n and Customer, all Customer Data that is
not Transactional Data shall be ovmed exclusively by Customer.
10. CONFIDENTIAL INFORMATION.
10.1 Definition; Protection. As used herein, "Confdential Information"
means all confidential and proprietary information of a party ("Disclosing Party")
disclosed to the other party ("Receiving Party"), whether orally or in writing, that is
designated as confidential or that reasonably should be understood to be
confidential given the nature of the information and the circumstances of
disclosure, including the terms and conditions of this P.greement (including pricing
and other teems reflected herein and i.. alt Over Forms hereunder), the Custorc~ar
Data, the Service, the 3n Technology and Intellectual Property Rights therein,
business and marketing plans, technology and technical information, product
designs, reports and business processes. Confdential Information (except for
Customer Data) shall not include any information that: (i) is or becomes generally
known to the public without breach of any obligation owed to the Disclosing Party,
(ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party
without breach of any obligation owed to the Disclosing Party; (iii) was
independently developed by the Receiving Party without breach of any obligation
owed to the Disclosing Party; or (iv) is received from a third party without breach
of any obligation owed to the Disclosing Party. The Receiving Party shall not
disclose or use any Confidential Information of the Disclosing Party for any
purpose outside the scope of this Agreement, except with the Disclosing Party's
prior written permission. Each party agrees to protect the confdentiality of the
Confdential Information of the other party in the same manner that d protects the
confidentiality of its own proprietary and confidential information of like kind, but in
no event shalt eitherparty exercise-less-ihanreasonabie-carein protecting-such
Confidential Information. If the Receiving Party discloses or uses (or threatens to
disclose or use) any Confdential Information of the Disclosing Party in breach of
this Section 10, the Disclosing Party shall have the right, in addition to any other
remedies available to it, to seek injunctive relief to enjoin such acts, it being
specifcally acknowledged by the parties that any other available remedies are
inadequate. In furtherance of, and not in limitation of any(hing set forth in this
Section 10 or elsewhere in this Agreement, the terms and conditions of this
Agreement shall be Confidential Information of 3n.
11. WARRANTIES & DISCLAIMERS.
11.1 Warranties. Customer represents and warrants that it has the
legal power to enter into this Agreement and shall perrorm the responsibilities
required byit pursuant to Section 3.2. By purchasing the Service, Customer
authorizes 3n to collect, store and process Customer Data subject to the terms of
this Agreement. Customer shall ensure that, during use of the Service, Customer
shall have a privacy policy that clearly and conspicuously notifies fhe Members of
the way in which Customer Data shall be used. Customer represents and
warrants that the collection, storage and processing of such Customer Data, and
the use of the Service, as provided in this Agreement, will at all times comply with
(i) its own pol(cies regarding privacy and protection of user information; and (il) all
Applicable Laws, including those related to processing, storage, use, reuse,
disclosure, security, protection and handling of Customer Data.
11.2 Disclaimer. Except as expressly provided herein, 3n makes no
warranty of any kind, whether express, implied, statutory, or otherwise. 3n hereby
specifcally disclaims all implied warranties, including any warranty of
merchantability or fitness fora particular purpose, to the maximum extent
permitted by Applicable Law.
12. PROFESSIONAL SERVICES. 3n may provide professional services to
Customer from time to time. Such professional services shall, unless otherwise
expressly therein set forth, be provided in accordance with, and subject to, the
provisions hereof and any additional terms related thereto which are set forth in a
~~aeoaroooooonagaevo3 Patre Z of 3
Statement of Work ("SOW").
13. INDEMNIFICATION.
13.1 ey Customer. Customer shall defend, indemnify and hold 3n
harmless against any loss or damage (including reasonable attorneys' fees)
incurred in connection with any claims, suits or proceedings ("Claims") arising as a
- ,result of a breach of this Agreement.
-- 13.2 By 3n. 3n shall defend, indemnify and hold Customer harmless
Prom and against any Claim against Customer, but only to the extent it is based on
an Claim that the Service directly infringes an issued patent or other intellectual
property right of a country in which the Service is actually provided to Customer. If
the Service is held to infringe and the use enjoined, 3n shall have the option, at its
own expense, to procure for Customer the right to continue using the Service; or
replace same with a noninfringing service; or modify such Service so that it
becomes non-infringing. 3n shall have no liability for any infringement of patents,
copyrights, or other intellectual property rights resulting from Customer content,
use of the Service other than as specified in relevant 3n documentation, or use of
the Service with products or services not supplied by 3n. 3n's indemnification
obligations hereunder shall not apply to the extent that any warranty claim or
demand for indemnification arises as a result of or is caused by (i) any
unauthorized use, reproduction, or distribution of the Service or Software; (ii) any
use of the Service or Software in combination with other products, equipment,
software, or data not supplied by 3n; (iii) any use, reproduction, or distribution of
any release of the Service or Software other than the most current release made
available to Customer, or (iv) any modifcation of the Service or Software by any
person other than 3n
14. LIMITATION OF LIABILITY. In no event shall either Parfy have any liability
fo the other Party for any loss of use, interruption of business, or any lost profits,
loss of use, costs of procurement of substitute goods or services, or for any
indirect, special, incidental, punitive, or consequential damages however caused
and, whether in contract, tort or under any other theory of liability, whether or not
the party has been advised of the possibility of such damage. Notwithstanding
anything in this Agreement to the contrary, in no event shat! 3n's aggregate
liability, however arising out of or related to this Agreement, whether in contract,
tort or under any other theory of liability, exceed amounts actually paid by
Customer to 3n hereunder during the 12 month period prior to the event giving rise
to any liability of 3n as contemplated by this Agreement.
15. MISCELLANEOUS.
15.1 Non•Solicitation and Non•Interference. As additional protection
for 3n's proprietary information, for so long as this Agreement remains in effect,
and for one year thereaRer, Customer agrees that it shall not, directly or indirectly,
solicit hire or attempt to solicit any employees of 3n. In the event that Customer
hires any such employee (whether as an employee or consultant or otherwise
engages the services of such employee), Customer shall pay to 3n an amount
equal to 100% of the total first-year compensation which Customer pays such
individual as a fee, salary, or other compensation.
152 Waiver; Severability. The failure of either Party hereto to enforce
at any time any of the provisions or terms of this Agreement, or any rights in
respect thereof; orthe exercise of or failure to exercise byehher Party any-rights
or any of its elections herein provided, shall in no way be considered to be a
waiver of such provisions, terms, rights or elections or in any way to affect the
validity of this Agreement. If any of the provisions of this Agreement, or portion
thereof, are held invalid or unenforceable, such invalidity or unenforceability shall
not affect the remainder of this Agreement. In such event, the Parties shall
negotiate, in good faith, a substitute, enforceable provision which most nearly
affects their original intent in entering into this Agreement, failing which the Parties
agree that the governmental body, arbitrator, or mediator making such
determination shall have fhe power to modify the provision in a manner consistent
with its objectives such that it is enforceable, andlor to delete specific words or
phrases, and in its reduced form, such provision shall then be enforceable and
shall be enforced.
15.3 Assignment. Neither this Agreement nor any rights granted
hereunder may be sold, leased, assigned (including an assignment by operation
of law), or otherwise transferred, in whole or in part, by Customer, and any such
attempted assignment shall be void and of no effect without the advance written
consent of 3n, such consent not to be unreasonably withheld.
15.4 Governing Law; Attorney's Fees. This Agreement shall be
governed exclusively by the internal laws of the State of California, without regard
to its conflicts of laws rules. The state and federal courts located in Los Angeles
County, California shall have exclusive jurisdiction to adjudicate any dispute
arising out of or relating to this Agreement. `each Party hereby consents to the.
=_xclusive jurisdiction of such courts. Each Party also hereby waives any right to
jury trial in connection with any action or litigation in any way arising out of or
related to this Agreement If either Party employs attorneys to enforce any rights
arising out of or relating to this Agreement, the prevailing Party shall be entitled to
-irecover reasonable attorneys' fees and costs.
15.5 Notices. All notices, consents and approvals under this Agreement
must be delivered in writing (i) by courier, or (ii) by certified or registered mail,
(postage prepaid and return receipt requested), to the other Party at the address
set forth below, and will be effective upon receipt or three business days after
being rcpusited in the rz~cil ~~ required above -.... .aer. Either
Pady may change its address by giving notice o the ~. a the other
Party. Notwithstanding the foregoing, any reports or other~deu,ra:~: ~,.ies herein set
forth or in a Transaction Document may, to the extent practicable, be delivered by
3n to Customer by electronic transmission (email) or by facsimile, in addition to
the any other means herein provided for.
15.6 No Third-Party Beneficiaries. There are no third-party
beneficiaries to this Agreement.
15.7 Entire Agreement. This Agreement, the Exhibits, agreements and
documents referenced herein and therein, and the AUP, Qhe '7ransaction
Documents') constitutes the entire agreement between the Parties and
supersedes any and all other agreements and understandings between 3n and
Customer, whether oral or written, with respect to the subject matter hereof. This
Agreement and; except as otherwise herein provided for, the Transaction
Documents, shall not be modifed or amended in any manner except by a writing
signed by authorized representatives of both Parties. Nothing contained in a
Transaction Document shall, except as otherwise herein provided for, modify any
of the express terms or conditions set forth in this Agreement, and if any provision
in a Transaction Document conflicts with a provision of this Agreement, such
conflict shall be resolved in favor of this Agreement, unless fhe provision of such
Transaction Document expressly provides otherwise.
15.& Marketing. Customer agrees, if requested by 3n, to participate in a
joint press release with 3n within fhlrty (30) days of the Effective Date, that
references Customer as a 3n customer and will provide a quote from a senior
management member of Customer as pad of this press release. Final content of
such press release will be approved by Customer, approval of which will not be
unreasonably withheld, conditioned or delayed. Expenses related to the creation
and distribution of this press release will be borne by 3n. While in good standing
as a 3n customer, Customer agrees to allow 3n to reference Customer as a
customer using 3n technology on 3n's website and in print copy or marketing
collateral. Customer will provide 3n with an approved company logo that 3n may
publish on 3n's website and/or marketing collateral to communicate such
relationship. This logo will be linked to Customer's website. Customer agrees to
alicw 3n to reference Customer ir. media-related inferviews conducted by a
member of the press and a 3n representative.
15.9 Survival. Sections 1, 3, 4, 5, 6, and Sections 8 through 15 shall
survive the expiration or earlier termination of this Agreement.
15.10 Counterparts. This Agreement and any Transaction Document
may be executed in one or more counterparts, all of which together shall
constitute one original document. In lieu of the original, a facsimile transmission
or copy of the original shall be as effective and enforceable as the original.
15.11 Export Compliant. Neither party shall export, directly or indirectly,
any technical data acquired from the other pursuant to this Agreement or any
product utilizing any such data to any country for which the U.S. Government or
any agency thereof at the time of export requires an expod license or other
governmental approval without first obtaining such license or approval.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed as of the date set forth above.
3N GLOBAL, INC.
By:
Print Name:
Title: _
Date:
Address:
505 N. Brand Blvd., Suite 70D
Glendale, CA 91203
[NAME OF CUSTOMER]
By:
Print Name: Richard Krier
Title: Village President
Date: February 23, 2009
Address: 6101 Capulina Avenue
Monon Grove, IL 60053
naeoamoooooauaes oa Page 3 of 3
Legislative Summa~~
Resolution 09-16 ~~
ACCEPTING THE PUBLIC IMPROVEMENTS
WITHIN THE TRAFALGAR SQUARE DEVELOPMENT
Introduction:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Considerations or
Requirements:
February 23, 2009
'I'bis ordinance will accept the publiaimprovements within the Trafalgar Squa:•e
Development within the corporate limits of the Village of Morton Grove.
To ensure the public improvements arld rights-of-way as constructed are
accepted per the plans and specifications set forth by the Village's building and
engineerhng department.
Trafalgar Square is a planned unit development located within the Village of
Morton Grove. Development has been completed with the exception of one
condominium building: Construction of this building has been postponed due to
the current economic conditions. The developer was required to construct
certain public improvements including rights-of--way (streets) and these streets
and pabiic iniprovcrnents have been completed and approved by tilc `dillage'-s
Building and Engineering Departments. By law, the Corporate Authorities are
required to accept these public improvements and rights-of--way. Passage of this
resolution constitutes formal acceptance of these improvements.
Building Department, Public Works, and Engineering
N/A
N/A
The Village Engineer and Building Commissioner will process any papers
necessary during the normal course of business. The Public Works Department,
Engineering, and Building Department will monitor these public improvements
for the next two years pursuant to the developer's maintenance bond.
Approval as presented
Not required
None
Respectfully subnutted: ;. ,fQ ~~, Z~u~ _ Prepared 1
- , Jose' r F. ade, Village Administrator Teresa
/~ .,era'
Reviewed by: t.~~~~i ~ ~ ~'"~~
~rudy DeMonte, Public Works Director
RESOLUT[ON 09-16
ACCEPTING THE PUBLIC IMPROVEMENTS
WITHIN THE TRAFALGAR SQUARE DEVELOPMENT
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home
rule unit of government m7der the provisions of Article 7 of the 1.970 Constitution of the State of
Illinois, can exercise any power and perform any fwiction pertaining to its government affaixs,
including but not limited to the power to tax and incur debt; and
WHEREAS, Trafalgar Square is a partially completed Planned Unit Development Iocated
within the Village of Morton Grove; and
WHEREAS, public improvements and rights-of--way have been depicted on the Plat of
Subdivision for the Planned Uni~Development Trafalgar Square dated April 7, 2005, and recorded at
the Cook County Recm-der of Deeds office nn July 25, 2005, document #0520644060 which is attached
hereto as Exhibit "A", have been constructed according to the plans and specifications approved by the
Village's building and engineering department; and
WHEREAS, the Village staff has recommended said public improvements and lights-of--way be
accepted by the Corporate Authorities.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove
set forth.
SECTION 2: The public improvements and rights-of--way as set forth in Exhibit."A" are
hereby accepted as ownership by the Village of Morton Grove subject to the code requircinents and
regulations of the Village of Morton Grove,
SECTION 3: The Village Administrator or his designee is authorized to take all steps
necessary to release all performance guarantees ou behaIf of the Village when appropriate.
SECTION 4: This Resolution shall he in fuI1 force and. effect upon its passage and approval.
PASSED THIS 23`d day of February 2009
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED BY ME THIS 23`d day of Fehruary 2009
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED AND FILED in my office
This 24~' day of February 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
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~ LOTS i TO 24 262,021 SQ. FT: OR 6.0752 ACRES g ~R
~ e
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~
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Legislative Summary
ORDINANCE 09-04
AMENDING TITLE 10, CHAPTER i, 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
FiscalImpact:
Source of Funds:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
February 9, 2009
To amend Title ] 0, Chapter 1, Article A of the Viilage Municipal Code
entitled "Permit and Plan Review Fees"
The purpose of this ordinance is to reduce the permit fee for the replacement
of a water heater from $50 to $35 and amend the fee for
commerciallindustrial parking lots.
At the Ja7zuary 26, 2009, meeting the Village Board of Trustees it was
determined to be in the best interest of the Viilage to reduce the permit fee
for the replacement of water heaters. This ordmance will reduce that fee-to
$35 which is a midpoint of fees discussed at the meeting. Village staff has
also recommended the fee for installation of new and replacement
commercial and industrial parking lots be adjusted to be consistent with other
fees.
Department of Building and Inspectional Services.
Negligible
Not applicable.
None
Approval as presented.
Required-Code Amendment
None
.Administrator Approval- _ ~ ~ ~i2~/~~ Reviewed by:_
.lose ~ F. '~ d~,-Village Administrator Teresa I3
,,, ~ /~ /
Fd HiTdetirandt, Building Commissioner
Corporation Counsel
ORDINANCE 09-04
AMENDING TITLE 10, CHAPTER I, ARTICLE A ENTITLED
PERMIT AND PLAN REVIEW FEES
OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois,
is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of
the State of Illinois, can exercise any power and perform any function pertaining to its
government affairs, including but not limited to the power to tax and incur debt; and
WHEREAS, the Village is continually in the process of reviewing and as necessary,
updating existing Mm7icipal Ordinances; and
WHEREAS, the requirements of Title 10, Chapter 1, Article A entitled, "PERMIT AND
PLAi~ RE4~IEW FEES" were last reviewed in February 200$; and
WHEREAS, the Village Board of Trustees have determined it is in the best interest of the
Village to lower the permit fee being charged for replacing a water heater; and
WFIEREAS, review of Title 10, Chapter 1, Article A revealed modifications were also
needed related to commercial parking lots; and
WHEREAS, the Village is desirous of assuring all ordinances at-e 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 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 1, ,4rtic]e A, Section 1 A of the Muiucipal Code of the
Village of Morton Grove is hereby amended by repealing the Section in its entirety aid replacing
it with a new Title 10, Chapter 1, Article A, Section 1A to read as follows:
,~. 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: LL
Residential driveway (new/replacement)
Residential apron (parkway) (new/replacement).
Commercial and industrial parking lot
or driveway (newlreplacement)
Minimum fee:
Miscellaneous
Fences (new/replacement)
Yard sheds
Deck (3 steps or more above grade)
Fireplace
Swimming pools (excluding plumbing and electric):
Aboveground
In-ground
Cer~CiFcate of Occupancy:
Single-family
Multi-family (per unit)
Commercial and industrial
$50.00
$50.00
$ 0.01 per square foot plus
engineering fees
$50.00
$30.00
$30.00
$50.00
$50.00
$50.00
$200.00
$25.00
$10.00
$25.00
Demolition/W reeking:
Accessory building (garage) $50.00.
Residential primary building
First 1,000 square feet $1,000.00
Each additional 1,000 square feet $540.00
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
tither mecizauical 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.
SEC'T`ION 3: Title 10, Chapter 1, Article A, Section 3A of the Municipal Code of the
Village of Morton Grove is hereby amended by adding Water Heater Replacement after
"Backwater ValvelOverhead Sewer" to read as follows:
Water Heater Replacement
$35.00
SECTION 4: This Ordinance shall be in full force and effect from ar~d after its passage,
approval and publication in pamphlet form according to law.
PASSED this 23`d day of February 2009.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 23`d day of February 2009.
,..,. .
R;chard wrier v~Ilage Pr ~;dPnt
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
24`~ day of February 2009.
Carol A. Fritzshall, Clerk
Village of Morton Grove
Cook County, Illinois
Legislative Summary
ORDINANCE 09-02
AMENDING TITLE 5, CHAPTER 9, SECTION 9 ENTITLED "MUNICIPAL PARKING ZONES"
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:
_, Administ~'ator Approval
February 9, 2009
To vnend Title 5, Chapter 9, Section 9, of the Village Municipal Code entitled
"Municipal Parking Zones."
To update the Village's regulations pertaining to municipal parking zones, particularly to
include the Village's new free of charge Dempster Street parking lots and to impose
certain parking regulations for these lots,
The Village, as part of its regular review of its Municipal Code has reviewed Title 5,
Chapter 9, Section 9 entitled "Municipal Parking Zones". This ordinance updates these
code provisions to include in the definition of municipal parking zones, off-street parking
Tots and parking areas owned car maintained by the Village whether free of charge or for
payment of an established fee. Due to the recenbconstruction of V illage parking lots on
Dempster Street, staff has recommended changes be made to the section to preclude
persons Prom parking in the Dempster Street parking Tots between midnight and 6:00 am.
Police Department, Legal Department and Public Works department
Not applicable.
Not applicable.
Impact for the administration and enforcement of this ordinance will be handled by the
Administrator's office, Legal Department, Police Department, and Public Works
Departineiit during their normal course of duties.
Approval as presented.
February 9, 2009, required- code amendment
None
Reviewed by:
Village AdminisG~ator And Monte, Director of Publ
n .~ ~i
Prepared by: -~`c,i~-'~i Reviewed
Corporation Counsel Paul L.
OI2I)INANCE 09-02
AMENDING TITLE 5, CHAPTER 9, SECTION 9 ENTITLED "MUNICIPAL PARKING
ZONES" 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
WHEREA5, the provisions of Title 5, Chapter 9, Section 9 entitled "Municipal Parking
Zones" has been reviewed and found to be in need of updating; and
WHEREAS, the proposed revisions in this ordinance shall restrict parking in certain
municipal parking lots between the hours of midnight and 6:00 am.
NO ~I, THEREFORE BE iT uRDAFNED BY THE PRESIDENT AND BOARi~ dF
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 5, Chapter 9, Section 9 of the Municipal Code, of the Village of Morton
Grove is hereby amended to read as follows:
5-9-9: MUNICIPAL PARKING ZONES:
A. Definitions:
MUNICIPAL PARKING An off-street parking area o~med or maintained by the
ZONE Village where permitted vehic]es may be temporarily parked
free of charge or for the payment of an established fee as
determined by the Village Board of Trustees.
PARKING METER A mechanical device located upon a public street, sidewalk, or
at a designated Meh-a commuter parking area, or in a
designated mwucipal parking zone which device records the
payment of a fee or the deposit of currency, or the use of a fate
card, for which parking privileges may be extended.
B. Use of Parking Space: It shall be uniawfu] for any person to park within or otherwise use a
muunicipal parking zone of the Village of Morton Grove except pursuant to the provisions of
this chapter.
C. Parking Fee Required: No person shall park or cause to park any vehicle in a Metra
commuter parking area, os a municipal parking zone or upon a public street equipped with a
parking meter without paying the established fee.
D. Time Restriction: No vehicle shall be parked in a municipal parking zone for more than
twenty-four (24) hours. No vehicle shall be parked in any of the following municipal
parking lots between the hours of midnight and 6:00 am:
5714 Dempster 582].-5831 Dempster. 6055-6061 Dempster
Special permission for extended parking in municipal parking zones may be given by the
Chief of Police or his designee. Any vehicle parked in violation of this section shall be
considered an un_lawfui vehicle and shall be subject in addition to any other penalty to
towing pursuant to Chapter 7 of this title.
E_ ExempT~on: Parking snail be allowed in municipal parking zones v, ilrout the requirement of
a payment of a fee each year on the 4`" of July and on other days as designated from time-to-
time by the Village Administrator.
E Vehicles Permitted: Use of mmiicipal parking zones shall be limited to passenger
_ automobiles, and trucks with a passenger of `B" license plate, and in no event shall a
commercial or freight carrying vehicle; trailer, or a vehicle exceeding eight feet (8') in width
or twenty feet (20') in length including attachments thereto, be parked in a municipal
parking zone.
G. Placements:- Parking meters may be installed in a municipal parking zone as established and
provided for by ordinance.
H. Tampering Prohibited: No person shall deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter installed under the provisions of this
section.
No person shall deposit any slug, device or other substitute for a coin in any parking meter,
or otherwise maiupulate, operate, attempt to manipulate or operate in any manner
whatsoever any such parking meter with the intent to park in a pa~:king imeter zone without
paying therefore. (Ord. OS-51, 11-28-OS)
SECTION 3: This Ordinance shall be in full force and effect from anal after its passage,
approval and publication in pamphlet form according to law.
PASSED this 23`d day of February 2009.
Trustee Brmmer
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee T1v11
APPROVFD by me this 23`d day of Febi-nary 2009.
Richard Krier, Village President
Village of Morton Cnove
Cook County, Illinois
APPROVED azid FILED in my office this
24`" day of February 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County; Illinois
3
Lesislative Summary
RESOLUTION 09-09
AUTHORIZING A CONTRACT BY AND BETWEEN THE VILLAGE OF MORTON GROVE
AND THE AUTOMOBILE MECHANICS UNION LOCAL NO. 701
FOR THE PERIOD OF JANUARY 1, 2009 THROUGH DECEMBER 31, 2011
Introduced February 9,2009
Objective To authorize the Village President to execute a collective bargaining agreement between
the Village of Morton Grove and the Automobile Mechanics Union Local No. 701 for the
period between January 1, 2009 through December 31, 20l 1.
Purpose: The Union and Village have entered into a tentative agreement for a three year extension
of its Collective Bargaining Agreement. This ordinance will authorize the Mayor to sign
the agreement on behalf of the Village of Morton Grove.
Background: [n 2004, the Mechanics and Maintenance Supervisor of Mechanics in the Vehicle
Maintenance Division of the Village of Morton Grove Public Works Dept opted tojoin the
Automobile Mechanics Union Local #701. The Village and the Union have entered into a
Memorandum of Understanding for a three year renewal of their collective bargaining
agreement. The contract provides for a salary equity adjustment effective on December
31, 2008, a three percent salary increase for 2009, and salary increases for 2010 and 201 ]
commensurate with the salary increase; if any, granted by the Village to its non-
represented, non-supervisory employees for that time period..
Programs, Departments Village Administrator, Public Works Department, Finance Department, Legal Department
nr Groups Affected
Fiscal Impact: Salary increases will be reflected in subsequent budgets.
Source of Funds: Funds have been budgeted for 2009 in Account No. 025027-54410fi (salaries), 025027-
548170 (pension contributions) Additional funds will be budgeted for the contract
amounts for the 2010 and 2011 budgets.
Workload Impact: -The implementation of this agreementwiN beperformed by the Public Works Department,
Finance Department, and Village Administrator.
Administrator Approval as presented.
Recommendation:
First Reading: Not required
Special Considerations None
or Requirements:
---admin
Prepared by:
~~ ~~U~
Village Administrator
Corporation Counsel
.~ ~d
Reviewed by: ,r"f~" e'%~' <~', ~'~~°
Artrd~ DeMonte, Public Works Director
RESOLUTION 09-09
AUTHORIZING A CONTRACT BY AND BETWEEN
THE VILLAGE OF MORTON GROVE AND THE
AUTOMOBILE MECHANICS UN10N LOCAL N0.701 FOR THE PERIOD (7F
JANUARY 1, 2009 THROUGH DECEMBER 31, 2011
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, in 2004 the Mechanics andMaintenance Supervisor of Mechanics in the Vehicle
Maintenance Division of the Village of Morton Grove's Public Works Department opted tc jcin the
Automobile Mechanics Union Local 701, IAM&AW, AFL-CIO of the greater metropolitan area of
Chicago and vicinity (Union) and ohose the Union as their sole and exclusive collective bargaiziing
representatives, and the Village of Morton Grove has recognized the Union as such; and
WI-IEREAS, the Village and the Union have entered into an initial contract pursuant to
Ordinance OS-03 on or about January 25, 2005, and an extension of said agreement pursuant to
Ordinance 06-30 which concluded on December 31, 2008; and
WHEREAS, representatives from the Union, and the Village have negotiated a contract for the
period from January 1, 2009, through December 31, 2011, and said negotiations concluded on or about
December 15; 2008, in a Memorandum of Understanding which addresses and resolves specific issues
including the establishrnentofwnge rates for 2009 through 20011; and
WHEREAS, on ,the Village employees who are members of Loca] #701 have
ratified said agreement; and
WHEREAS, the Corporate Audlorities approve of all the terms and conditions in the Collective
Ilargaining Ae Bement; and
NOW, THEREFORE BE IT RESOLVED BY THE PKESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS
FOLIO W S:
SECTION 1: `T'he Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Resolution. thereby making the findings as hereinabove set forth.
SECTION 2: The Village President is hereby authorized and empowered to sign the written
Collective Bargaining Agreement between the Village of Morton Grove and the Automobile
Mechanics UTnion Local No. 701 for the term of January 1, 2009 through December 31, 2011.
SECTION 3: The Village Administrator and the Director of Public Works and their designees
are hereby authorized to implement and administer the tenlls and conditions of this writfen agreement.
SECTION 4: This Resolution shall be in full force and effect from and after its passage,
approval and publication in paanphlet form according to law.
PASSED this 23~a day of Rebruary 2009.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 23~d day of February 2009.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
24"' day of Pebniary 2009.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
legis\ordAmechanics contract 2009-11