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HomeMy WebLinkAbout2008-03-10 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER March 10, 2008 Meeting 7:30 pm L Call to Order 2. Pledge of Allegiance 3. Roll Cal( 4. Approval of IVlinutes - Regular Meeting, February 25, 2008 5. Public Hearings 6. Special Reports a. Plan Commission Case PC07-13 Requests an Amendment to the Annexation Agreement to Allow Food Related Uses as Regulated in the C1 General Commercial District at the Address Commonly Known as 7901-7965 Golf Road to be Presented by Plan Commissioner Ed Gabriel 7. Resident's Comments (agenda items only) 8. President's Report-Administration, Northwest Municipal Conference, Council ofMayors, TIF Committee, Capital Projects, Real Estate Comnziftee a. Proclamation- Lighfs Out America-Earth Hour, March 29, 2008 b, Appointments 1) Acceptance of Ramesh Goyal's Resignation from the Plan Commission 2) Reaffirm the appointment of Andrew Shimanski to Complete the Term Vacated by Ramesh Goyal 3) Appointment of William Zimmer to the Appearance Commission for a 3-Year Term to Begin Apri12008. 9. Clerk's Report -Condominium Association, Advisory Commission on Aging 10. Staff Reports a. Village Administrator 1) Announcement of Upcoming Board Workshop to be held at 6:00 pm on Monday, March 31.2008. in the Trustee's Conference Room to Discuss and Review a Water Rate Analysis 2) Presentation Regarding Northwest Municipal Conference and Illinois Municipal League Initiative for a Moratorium on Pension Benefit Increases from General Assembly and Pension Law Reforms b. Corporation Counsel 11. Reports by Trustees a. Trustee Brunner -Legal, Fmrrily and Senior Services Department, Cable and Teleconxmunications Corrmaission, Eiaviromnental Health, YVaukegan Road TIF Review, Solid Waste Agency of Northern Cook County (Trustee Kogstad) 1) Resolution 08-i l (Introduced March 10, 2008) Authorizing an Agreement between the Village azzd Maxim Health Systems, LLC to Provide Influenza Vaccines and Pneumonia Immunizations to Senior Citizens and Village Employees b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) a Trustee Marcus -Police Deparrneent, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. Trustee Minx -Finance Department, Real Estate Committee, Plars Commission, Ferris/Lehzgh TIF Review, Fire Department, RED Center, NIRSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann) 1) Ordinance 08-12 (Introduced March 1 Q 2008) Amending Ordinance 07-33 and Ordinance 88-34 to Remove any Restrictions Regarding food Related Uses for that Property Commonly Known as ~~Jashington Commons Located at 7901 - 7965 Golf Road 2) Ordinance OS-04 (buroduced,Tanuary 14, 2008, TabledJmzuary 28, 2008, and Reintroduced March 10, 2008) Establishing Title 4, Chapter 17G Entitled Self-Storage Facility Accommodations Tax in the Village 3) Resolution OS-15 (introduced Marcia IQ 2008) A Resolution to Urge the Illinois General Assembly to Adopt Reforms that Protect Police and Pire Pensions e. Trustee Staackmann -Building Departrent, Appearance Cornmzssion, ESD~1, IT/Communications, Dempster Street Corridor Plan ('1'rusCee Brunner) 1) Ordinance 08-09 (Introduced February 25,.2008) Amending Title 10, Chapter 4 Entitled Elevator Regulations of the Municipal Code of the Village 2) Ordinance 08-10 (Introduced February 25, 2008) Amending Title 10, Chapter 9 Entitled Fences of the Municipal Code of the Village of Morton Grove 3) Ordinance 08-ll (Introduced February 25, 2008) Arending Title 10, Chapter 1, Article A Entitled Permit aisd Plan Review Fees of the Municipal Code of the Village il. Reports by'I'rustees (continued) f. Trustee Thill -Public i~orks, Capital Projects. Traffic Safety Co»znaission, Natural Resource Conanar~ssion, Solid Waste Age~zcy of Northern Cook Com~zty (Trustee Marcus] 1) Resolution 08-12 (Introduced Mar°ch 10, 2008) Authorizing the Execution of Contracts with Lyons & Pimler Electric Companies and Commonwealth Edison for Electrical hnprovements at the North Pumping Station 2) Resolution 08-]3 (Introduced March 10, 2008) Authorizing the Execution of Separate Contracts with Arrow Road Construction Company, Peter Baker & Son Company, and Meyer Material Company for the 2008 Material Purchasing Program 3) Resolution 08-14 (Introduced March 1 Q 2008) Authorizing the Execution of a Contract with St. Aubin Nursery & Landscaping, Inc. for the 2008 Tree Planting program 12. Other Business 13. Presentation of Warrants - $1,512,990.21 14. Residents Comments 15. Executive Session -Personnel, Labor Negotiations, and Real Estate 16. [~C1,j0UYnment - To erasure full accessibility and equal participation for all interested citizens, individuals with disabi/ides who plan Co attend and who require certain accommodations ba order to observe and/or participate in this meeting, or who laai~e questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the pillage to make reasonaGle 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. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUTES IV. Regarding the Minutes of the February 11, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Brunner, to approve the February 11, 2008 Regular Meeting Minutes as presented. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS a. Swearing-in Ceremony for New FirefighterlParamedic Joel C Lucero Chairman Mike Simkins of the Fire and Police Commission performed the swearing-in of Joel Lucero as the Village's newest firefighter/paramedic. Mr. Simkins provided some background on Firefighter Lucero: He is a Chicago native who graduated from Von Steuben High School and went on to obtain an Associate's Degree in Fire Science from Oakton Community College. He began his employment with the Village on February 11 and began attending the Fire Academy on February 18. Firefighter Lucero's wife pinned his badge on as the Board congratulated and welcomed him. b. Presentation Regarding Recylcinq Services and Programs Mary Allen, the Recycling Education Director for the Solid Waste Agency of Northern Cook County (SWANCC) explained that SWANCC is comprised of 23 Northern Cook County municipalities, which is a total population of 800,000 with 230,000 households. An average household generates 1.2 tons of solid waste annually. Minutes of Fetirua 25, 20DBBoard Meetin" V. SPECIAL REPORTS (continued) Ms. Allen said people should remember to "Reduce, Reuse, Recycle". She said that, in 2006, 267,000 tons of garbage was processed at SWANCC's transfer station in Glenview, and 92,677 tons of material was recycled through curbside programs. Landscape waste is collected separately and composted. She explained that "sustainability" is the principal of using a resource without depleting or permanently damaging it, to ensure its availability for future generations. Ms. Allen said that, in 2000, according to the United Nations, the world's population was 6.1 billion people. By 2050, the population is projected to be 8.9 billion. She said we all need to "think, before we throw away"-think of ways to reduce our garbage. She encouraged people to "pre-cycle", which is buying goods in containers or packaging that you know you can recycle. Ms. Allen talked about a number of the Community Programs that SWANCC offers, including the Athletic Shoe Recycling Project; Compact Fluorescent Light Recycling, Computer & Electronics Recycling events; Document Destruction events; Medication/Sharps Disposal Program; and Mercury Thermometer Recycling. Morton Grove participates in these programs; for example, any unused prescription medication can be brought to the Civic Center on Mondays through Fridays between the hours of 9:00 a.m. and 4:00 p.m. for disposal. Residents can also pick up a free container for disposal of needles used for home medication. Ms. Allen noted that SWANCC has a number of resources residents can take advantage of. They can join SWANCC's email list, they can go on SWANCC's website fora "Green Pages" director or visit their eco-friendly marketplace. She offered the assemblage a number of different handouts regarding SWANCC's various programs. Mayor Krier said the handouts Ms. Allen brought would be available for residents to pick up at the Village's front counter. He thanked her for the presentation and thanked Trustees Brunner and Thill, who are the Village's liaisons to SWANCC, for arranging tonight's presentation. Trustee Brunner thanked Ms. Allen for the informative presentation, and thanked SWANCC for the programs it provides. She commented that, when the Village started using the new rolling solid waste and recycling bins, recycling went up 30%. She encouraged people to recycle, especially because there is now a new contract with Groot which has a provision that, when Groot sells the recycling, they will turn the money over to SWANCC, and SWANCC has decided to make an 80/20 split with the municipalities-so 80% of those funds will go to the municipalities, with SWANCC retaining 20%. When SWANCC reaches the $100,000 mark, it will then give 100% back to the municipalities. Trustee Brunner said that, in this way, the more we recycle, the more it puts money back into the village. VI. RESIDENTS' COMMENTS (Agenda Items Only) Eric Poders. Mr. Poders had some comments regarding Agenda Item 8 (b) "Appointments". Mayor Krier said there are no appointments tonight. Minutes of Peb~uaN 25, 2008 i3oaM Meeting) VII. PRESIDENT'S REPORT a. Request from Morton Grove Foundation Jim Simkins addressed the Board, thanking them for recognizing Bill Archibald recently. He said that the Morton Grove Foundation's "Taste of History" would be held on March 13'" at the White Eagle. This is the 20`h anniversary of the Taste. This year's fundraising goal is $500,000; there has been approximately $420,000 raised to date. Mr. Simkins requested the Board's permission to put a train in front of the Civic Center which would show how close they're getting to their goal. Mayor Krier encouraged everyone to attend the Taste. He said it was a great event that raised money for many good causes. Trustee Brunner moved to grant the Foundation's request, seconded by Trustee Minx. The motion passed unanimously via voice vote. b. Burglary Update Mayor Krier asked Police Chief Paul Tasch to provide an update on his burglary report from the last meeting. Chief Tasch said that there is new information. The Evanston Police Department-and Morton Grove's Police Department-are part of a Burglary Task Force. The Evanston PD was working on a crew of burglars and executed a search at a house in Evanston and recovered quite a bit of property. They asked members of the task force to take a look at all this property, and the Morton Grove PD has found items from fiive separate burglaries. Chief Tasch was happy to report that five burglaries have now been solved. Charges will soon be lodged against the offenders. c. New Development-Capulina ROW Appeal Mayor Krier reported that he had some new information to share about the Capulina ROW appeal. After Special Counsel (Johnson & Bell) was informed that the Board had voted not tc proceed with the appeal, they sent correspondence to the Village, which was received late Friday, stating that they were "so convinced of the merits" of the Village's case that they were willing to "prosecute the appeal wifh no cost, and if we lose, the Village would owe nothing except costs, which would be no more than $1,000." The firm said "We would only ask for reimbursement of the fees incurred if we win on appeal, and we will limit the fees on appeal to less than $10,000, but only if we are successful." Mayor Krier pointed out that one of the factors in the discussion about whether to pursue the appeal was that the Village had already paid out $95,000 on this matter. He said the Board had received copies of the correspon- dence from Johnson & Bell, and he had spoken with several of the Trustees as well. Mayor Krier noted that no action on this could be taken this evening, as it was not on the Agenda and would therefore violate the Open Meetings Act. He suggested that a Special Meeting be called, and suggested Wednesday, February 27, at 6:00 p. m. This would be the only Agenda item. This has to be done quickly as it is very time-sensitive. Trustee Staackmann asked if the meeting could be at 7:00 p.m., as he could not make it at 6:00 p.m. Trustee Kogstad said he couldn't make 6:00 p.m. either. Trustee Marcus said he could make 6:00 p.m. but not 7:00 p.m., although he said he would be able to join the meeting by phone at 7:00 p.m. Minutes of Februa 35, 2008 Boats Meetin VII. PRESIDENT'S REPORT (continued) Mayor Krier said that the meeting would begin at 7:00 p.m. and that staff would make sure the newspapers received notification that the time of the meeting had changed. Trustee Staackmann commented that he's glad that Special Counsel feels that strongly about the Village's case. He reiterated that that space has value to the entire Village as open space. He felt that, if the Village won, it would be a win for everyone. VIII. Clerk Fritzshall had no report. IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: CLERK'S REPORT STAFF REPORTS TRUSTEES'REPORTS Trustee Brunner had no formal report, but noted that March is National Social Workers Month. She thanked Morton Grove's social workers for all that they do. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus had no report. a Minutes of Febrtia 25, 20o56oard AAeetin" X. D TRUSTEES' REPORTS (continued) Trustee Minx: Trustee Minx presented Ordinance 08-07, An Ordinance Granting A Special Use Permit to Allow a Pet Store at the Property Located at 7913 Golf Road. This is the second reading of this ordinance. Trustee Minx explained that this was pursuant to Plan Commission Case PC07-11, which had been reported to the Board at the February 11th meeting. Village staff had no concerns with this case; no interested or concern parties testified at the hearing; and the Plan Commission- ers had unanimously recommended its approval. As there was no further discussion, Trustee Minx moved, seconded by Trustee Marcus, to adopt Ordinance 08-07. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad awe Tr. Marcus a~ Tr. Minx a~~e Tr. Staackmann a~ Tr. Thill afire 2~ Trustee Minx then presented Resolution 08-10, Authorization to Execute a Professional Services Agreement with McDonough Associates for Engineering & Design Services for the Lehigh/Ferris Tax Increment Financing (TIF) Redevelopment Project Area. She explained that the Village has determined that it is in its best interest to undertake certain improvements within the Lehigh/Ferris TIF, including, but not limited to: land acquisition, traffic signalization, streetscape, landscaping, lighting, street improvements, building demolition, and public infrastructure projects. Resolution 08-10 authorizes a professional Services Agreement with McDonough Associates to develop plans, specifications, and estimates for three public infrastructure projects. They are: (1) the rehabiliation of Lincoln Avenue from the eastern boundary of the TIF to Ferris Avenue, and Ferris Avenue from Dempster to Lincoln. Rehabilitation will consist of street- scaping and roadway utility improvements. (2) Realignment of the Lincoln Avenue railroad crossing. The roadway will be realigned to cross the tracks in a perpendicular crossing. New traffic signals will be installed at the intersection of Ferris and Lincoln. The old crossing will be removed and the leftover public space will be landscaped. The intersection of Lehigh and Lin- coln will be stop controlled. (3) Construction of a pedestrian railwalk within the Metra ROW from Lincoln Avenue on the north to the train station on the south. The railwalk will be in- stalled on the east side of the Metra ROW and will be separated from the existing tracks by a fence. Lighting will also be designed in accordance with Metra requirements. Trustee Minx said that this professional services agreement is acost-plus-fixed fee contract with a value not to exceed $347,845.55. The source of funds for this project is the municipal bond issued in 2007 for work to be done within the LehighlFerris TIF. Trustee Minx moved to approve Resolution 08-10, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a~ Tr. Marcus aye Tr. Minx afire Tr. Staackmann aye Tr. Thill aye ' Minutes of Pebrua 25, 2008 BoeM AAeetin X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Minx gave an update on the Economic Development Commission. She said the Commission had met last Wednesday and had finalized a Strategic Plan. It will be sent to Corporation Counsel for review; then the Commissioners will review it one last time before the Board receives it. The Plan's intent is to serve as a blueprint for business growth to strengthen the Village's financial base. It covers both ongoing and long-term strategies. The Commission members represent residents and businesses. They felt that, by developing this Plan themselves, they not only saved the Village the cost of having to use an outside consult- ant, but also came up with a more realistic plan, due to their familiarity with the Village. The Commission continues to have contact with developers and businesses in their efforts to bring businesses to Morton Grove. They plan to continue offering free educational forums for Morton Grove businesses to improve and maintain their competitiveness. E. Trustee Staackmann Trustee Staackmann presented several "housekeeping" ordinances for a first reading, starting with Ordinance 08-09, Amending Title 10, Chapter 4 Entitled "Elevator Regulations" of the Municipal Code of the Village of Morton Grove. He explained that this ordinance adopts by reference the elevator regulations mandated by the Office of the Illinois State Fire Marshal. It also clarifies existing construction requirements specified by the Fire Department. There was no further discussion on Ordinance 08-09. 2. Next, Trustee Staackmann presented for a first reading Ordinance 08-10, Amending Title 10, Chapter 9 Entitled "Fences" of the Municipal Code of the Village of Morton Grove. He explained that this ordinance will update the fence regulations (which have not been updated since 1993) and coordinate those regulations with the Unified Development Code and the "Fee" chapter of the Municipal Code. There was no further discussion on Ordinance 08-10. 3. Trustee Staackmann then introduced for a first reading Ordinance 08-11, Amending Title 10, Chapter 1, Article A Entitled "Permit and Plan Review Fees" of the Municipal Code of the Village of Morton Grove. This ordinance will update the various fees associated with building permits. Building permit fees were last updated in 1999. The proposed fees are in line with surrounding communities. The largest increase is proposed for demolition of buildings. Public Works water tap fees are also included in this section of the Municipal Code. There was no further discussion on Ordinance 08-11. Minutes of FebruaN 25, 2008' Board Meeting X. TRUSTEES' REPORTS (continued) Trustee Thill Trustee Thill had no formal report, but had a report from Public Works Director Andy Demonte regarding potholes. Potholes are caused by water entering cracks in the roadway, softening the soil under the pavement. This water then freezes-water expands when it freezes. It causes the road surface to bulge during the thaws, it can then return to its original position. Traffic does its part as well, by knocking pavement chunks loose. At that point, a pothole is born. The largest potholes normally occur on the most heavily traveled roads. So far this winter, there have been approximately 52 freeze/thaw cycles. Mr. Demonte's report also had information on how to minimize damage caused by potholes. Some things motorists can do are: drive the speed limit; keep tires inflated; watch traffic flow (a driver ahead of you might be swerving to avoid a pothole); and beware of puddles-they could disguise a pothole. If drivers cannot avoid a pothole, they should at least reduce their speed as they approach it. Hitting a pothole at a high speed can damage your tires and/or your suspension. Public Works is asking drivers to report potholes when they see them by calling (847) 470-5235. XI. OTHER BUSINESS Trustee Kogstad noted that the Board had received a memorandum from Corporation Counsel regarding the removal of Plan Commissioner Ramesh Goyal. He said he just learned that this matter will be discussed in Executive Session. Trustee Marcus said it was his understanding that the Board could go into Executive Session and have a discussion, then come out of it and take a formal action, should Board members wish to do so. Mayor Krier felt that any action taken would need to be taken at the next Board meeting, as the matter is not on tonight's Agenda. He felt it would be more prudent to have a discussion in Executive Session and then take action at the next Board Meeting. Trustee Koq~stad said that he believed the original action taken by the Board at the January 28' Board Meeting violated the Village's Municipal Code as well as the Open Meet- ings Act and Robert's Rules of Order. He said that the Village's Municipal Code addresses creating the Plan Commission, the number of members it must have, etc. It also gives the appointing authority the power to remove any member of the Plan Commission "for cause after a public hearing" is held. Trustee Kogstad pointed out that a Public Hearing is not just a discussion at a Board Meeting. A Public Hearing is significant because notice must be given to the accused; that person must have an opportunity to obtain defense counsel; and witnesses must be provided. Trustee Kogstad continued by discussing what Robert's Rules of Order says. It states that, under no circumstances is it ever in order for an individual to offer resolution by directly charging another individual with an offense. This can only be done by a committee, and only have a preliminary investigation by the committee determines that sufficient cause exists. Robert's Rules requires that any disciplinary measures taken against an individual should be brought up in Executive Session. As a point of information, Trustee Marcus suggested to Trustee Kogstad that his information was valid and viable, but he felt it would be better for the individual under discussion if Trustee Kogstad were to bring it up in Executive Session. It would help the Board get a good and clear direction on where they as a Board were going. Trustee Marcus said that Board Members had just received a memorandum this evening from Corporation Counsel, and he felt it would be prudent to discuss it in Executive Session. Minutes of February 25, 2o0$t3oerd Meeting: XI. XII. XIII. OTHER BUSINESS (continued) Trustee Kogstad agreed, stating that he merely wanted to point out that there was no Executive Session or Public Nearing done prior to the original action being taken. Trustee Kogstad asked Corporation Counsel whether or not Commissioner Goyal was still a member of the Plan Commission. Ms. Liston stated that the last official action taken by the Board had been to reconsider and rescind the action of removal. In her opinion, he was there- fore still on the Commission. Trustee Kogstad asked about the status of Commissioner Shimanski, who had been serving on the Appearance Commission, but was appointed to fill out the vacancy left by Commissioner Goyal upon his original removal. Mayor Krier re- sponded that he did not believe Commissioner Goyal was still on the Plan Commission; he felt Commissioner Shimanski's appointment to that seat should stand. Ms. Liston said that the Board needed to discuss whether or not the vote to reconsider and rescind the previous action was valid. Trustee Kogstad said he was concerned about the timing of all this, with upcoming Commis- sion meetings. Ne said it was a good idea to discuss this in Executive Session, and wondered if the Board would be able to take action at Wednesday's special meeting, should it wish to do so after the Executive Session discussion. Corporation Counsel Liston said that the Agenda for Wednesday's meeting had already been prepared, posted, and sent out for public notice. She pointed out that 48 hours prior public notice is needed for compliance with the Open Meetings Act, so she did not think the Board would be able to take any action on this particular issue at Wednesday's meeting. She said that the Mayor or a sufficient number of Trustees could request a Special Meeting. Ms. Liston said, at this point, the last official action taken was the withdrawal of the Board's concurrence with Mr. Goyal's removal. She asked Trustee Kogstad what further action from the Board he was looking for. He responded that, if the origi- nal action was wrong, the Board needs to correct the subsequent actions. Trustee Kogstad felt that the timing was important because of the upcoming Appearance Commission meeting, scheduled for March 3rd. Trustee Marcus suggested that the Board's options could be discussed in Executive Session, after discussing Ms. Liston's memo. Ms. Liston reiterated that a Special Meeting on this matter could certainly be called; it just required 48 hours prior public notice. WARRANTS Trustee Minx presented the Warrant Register for February 25, 2008, which totaled X783,185.52. She moved to approve the Warrants as presented, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad awe Tr. Marcus afire Tr. Minx afire Tr. Staackmann a~ Tr. Thill ~e RESIDENTS' COMMENTS a. Bill Zimmer. Mr. Zimmer said that he and about 30 other residents had gone to the District 67 School Board meeting last Thursday and requested information on several items, including the levy amount and the consulting fee being paid to the former superintendent. Their requests were stonewalled repeatedly. He said it was a pleasure to be at the Village Board meeting, where questions from taxpayers are answered candidly and without time constraints. He said that transparency has become the norm at Village Board meetings, in stark contrast to the District 67 School Board meetings. Ne urged all taxpayers to attend the next School Board meeting on March 20'h at 6:30 p.m., just to see the contrast. Minutes ofFetiruary 25, 2008 Board Meeting'. XIII. RESIDENTS' COMMENTS (continued) b. Carol Murphy. Mrs. Murphy had a suggestion. As a fairly new resident who has attended Board meetings for about the last six months, she's heard the Board discuss many different projects and agencies, and frequently Board Members use acronyms that a new resident isn't familiar with. Her suggestion was to spell it out the first time it's used so that someone new either attending the meeting or watching it on television can know what's being discussed. Mayor Krier said that was a good point. Mrs. Murphy also said that she had visited the Village's website and had pulled up a lot of agendas. She wondered why, so often, there were no reports from the various Commis- sions-for example, the Condo Association, the Advisory Commission on Aging, and a few others. She asked the Board if each member would be willing to provide her (and other new residents) with some brief information about themselves, how long they've been on the Board, their parry affiliation, when their term is up, etc. Each member took a few seconds to provide Mrs. Murphy with their information. Mrs. Murphy commented that Mayor Krier and Administrator Wade had come to The Wood- lands several months ago and spoke to a packed room. Everyone was thrilled with the visit and the information they brought. c. Joe Brunner. Mr. Brunner said he was also at the District 67 School Board meeting. He said he was glad that this Board allows questions to be asked and is glad that they answer ques- tions or direct staff to answer. Allowing people to speak breeds trust. At the District 67 meet- ing, officials said that their policy is not to answer questions in public. Residents had ques- tions on consultant's fees and administrative expenditures and received nothing but "prepared responses' for over an hour. This, from a Board that's looking for community support in a referendum in 2010! He thanked the Board for letting people vent and for giving them facts. d. Jim Quinn. Mr. Quinn said he was glad that the attorney sent the letter regarding the MCC lawsuit because he's been involved in that open space for quite a while. He urged Mr. Zimmer and Mr. Brunner and other unhappy District 67 residents to "throw the District 67 School Board out". He said he was called a lot of names back when he was involved with the "open space" issue but he felt it's important because it is the only open space in that part of Morton Grove. Regarding the removal discussion, he said it would be better for the Board to have those discussions in Executive Session, and not to take a step without knowing what the next step would be. e. Patrick Kansoer. Mr. Kansoer said that he, too, was pleased about that letter, and noted that lawyers seldom make an offer Like that unless they're very confdent of the outcome. He also thanked Jim Quinn for what he did back when he was involved. He said he understands that being an advocate can be a "thankless" position. Eric Poders. Mr. Poders said he felt the Village should get involved with what's going on at District 67, because the Village has an intergovernmental agreement with them. Regarding Boards, Commissions, and Committees, Mr. Poders referred to Section II-1-1 D of the codified rules of the Village, found on the Village's website. This section states that the Village Presi- dent may, at any time, remove any Board, Commission, or Committee member, if, in the President's judgment, the best interest of the Village would be served by such removal. ,;. ~ PAinutes of Febcua 25, 20086oard RAeetn" XIII. RESIDENTS' COMMENTS (continued) Mr. Poders said that the ruVes go onto say that, "In the event a member is removed, resigns, or is otherwise unable to fnish his/her term, the President may appoint a replacement member to serve for the remaining portion of the term." He commended Mayor Krier for taking action, stating that he has personally attended a number of meetings where he's the only resident in attendance and where there's been no quorum. g. Bill Luksha. Mr. Luksha said that he had suggested, at the last Board Meeting, that the Village look into snow removal on sidewalks, noting that 40%-50% of Morton Grove's side- walks are still impassable. He had suggested that Morton Grove contact Skokie to use their sidewalk-clearing equipment, if possible. Mr. Luksha said that he's been asked to provide solutions when he points out problems, so he presented this to Skokie officials too, at their Board meeting. Mr. Luksha concurred with what other residents said about the District 67 School Board meeting. h. Harold Cohon. Mr. Cohon said, regarding sidewalk clearing, that the Village used to plow the sidewalks back when he first moved into Morton Grove. However, he said, people com- plained, and that's why the Village stopped doing it. He felt that if they started clearing side- . walks again, the complaints would start again too. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss the personnel, labor negotiations, real estate, pending litigation, and appointments. The motion was seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus Tr. Minx aye Tr. Staackmann aye Tr. Thill The Board adjourned to Executive Session at 8:59 p.m. Mayor Krier called the Executive Session to order at 9:11 p.m. In attendance were: Mayor XIV. Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, and Community & Economic Development Director Neuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session at 11:29 p.m. The motion was seconded by Trustee Minx and passed unanimously via voice vote. Trustee Staackmann then moved to adjourn the regular meeting. The motion was seconded by Trustee Minx and passed unanimously via voice vote. The regular meet- ing adjourned at 11:30 p.m. to Minutes of Fedraa 25, 20o5 Boats Meetin" PASSED this 10th day of March, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 10th day of March, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 11th day of March, 2008. Carol A. Fritzshall, Village Cferk Village of Morton Grove Cook County, Illinois Minutes by Teresa Cousar tt i1 March 10, 2008 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Planning Contanission Zoning Board of t~ppeais Dear President Krier and Members of the Village Board: On February 18, 2008 a public hearing was conducted by the Morton Grove Plan Commission after a legal notice was published in The Chanlpion newspaper on January 31, 2008, written notification sent to property owners within 250 feet of the subject property, and a sign posted on the property as required by ordinance regarding: Plan Commission Case PC07-13, wherein the applicant Ted Hortis of Capital Property Management representing Washington Commons Morton Grove, Inc 7063 W. Belmont Avenue, Chicago, Illinois 60634, requested an amendment to the "Annexation Agreement" to allow "food related" uses as permitted uses rather than special uses, as regulated in the CI `General Commercial District at 7901-7965 Golf Road. lvls. Bonnie Jacobson, Planner, introduced the case for the Village. She reviewed the history of the situation and request, and also reviewed the standards for evaluating the proposed amendment, emphasizing that the Plan Commission needed to determine that the amendment is for the gublic good and not just for the applicant's best interest. Ms. Jacobson noted that when the shopping center was annexed, any type of food ttse was prohibited, and over time the annexation agreement was amended to allow food uses by Special Use. Several of the tenants in the center obtained Special Use Permits for food related uses, including Honey Baked Ham, Entenmanns, Bellacinos and Aldis. None of these tenants have had a negative affect on the shopping center or the surrounding neighborhood. The applicant now wishes to lift the special use restriction as he is losing several potential tenants to surrounding communities because of the food restriction and lengthy special use process. Ms. Jacobson further reviewed the staff and commission comments which were all supportive of the proposed amendments. They felt the loss of potential tenants had a far greater negative impact on the Village than keeping the restriction in place. Any negative impact such as noise or rodents already is controlled by Village codes. Although Fire Department, Engineering and the Traffic Safety Commission had some logistical concerns regarding parking and trash container locations, they felt this could be easily addressed when a potentia] tenant leased space and the removal of the restriction was beneficial to the Village. Ms. Jacobson then read into the record a letter from Mr. Bill Neuendorf, Director of Community and Economic Development which indicated his support for the proposed amendment Iriglilighting the economic benefit to the Village. Richard T. Flickinger Muiucipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4]62 ~~~~ Recycled Paper Ivlr. Ted Hortis, the applicant presented his case further expanding on Ms. Jacobsom's connneuts. He noted the historical reasons for the food-related restrictions, but believes the concerns are no longer valid. Ije commented that his company has put a lot of money into the center to make it look nice and their center is often the. first choice among many tenants to locate. However, when these potential tenants find out about the special use restriction on food, they move, on to the surrounding towns which are just down the street Mr. Hortis indicated that about 3J-35% of the center is vacant and this is not desirable. He has a tenant now that is willing to take a large space, but he has run into a snafu with the lease simply because of die special use restriction on food, because this tenant has a very small section of food sales in their business. Mr. Hortis indicated that they are very responsive to neighbors views regarding noise and garbage collection and he works with the tenants to keep their garbage areas clean. Mr. Hortis is requesting the food restiction be lifted so as to keep the center viable and competitive. Commissioner Dorgan commented that he still noticed overflowing garbage in the center at some locations. Chairman Farkas noted that Mr. I3ortis could be more proactive with his leases. Mr. 1-Iortis concurred. Three concerned parties spoke regarding this case. All were in favor of the proposed amendment. Mr. Larry Newberry represented a potential tenant and commented that he doesn't believe the restriction is necessary as they are a good neighbor and are quick to address neighbor's concerns. Mr. Randy Caplan, a longtime resident of the area commented that he was one of the neighbors who complained and was the reason why the restriction was put in place. He concurred with Mr. FIortis regarding his commitment to take care of the center and believed he has done a responsible job. Mr. Caplan believes now it is time to remove the restriction. Mr. Eric Poders corcun'ed with'svlr. Caplan and indicated a preference for more restaurants. Commissioner Farkas commented that whi]c; all present felt that removing the food restriction was a good idea he wanted to articulate the reasons relative to the standards for an amendment and why the amendment was in the public benefit and asked NIs. Jacobson to respond. Ms. ,Tacobson responded that it was her opinion as well as the rest of the staffs that the amendment was in the Village's best interesC not just fi'om an economic standpoint in terms of sales tax revenue, but in terms of the applicant's ability to provide needed services in that area of the Village. She then reviewed the other standards and reasons for them. The Plan Commissioners discussed the motion indicating that the proposed amendment is Iona overdue, and that this center should be brought into conformance with the rest of the Village. Commissioner Patel moved, and Commissioner Roepenack seconded to recommend approval to amend the annexation agreemE:nt to remove the special use restriction on "food related" uses for the property at 7901-7965 Golf Road. The motion catYied: Yes 6; No 0; Absent I 'I"he voting: Chauznan Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Connnissioner Uattorna Yes Commissioner Goyal Absent Commissioner Patei Yes Commissioner Roepenack Yes The "Findings of Fact" relative to the standards for `"Amendments" is attachui to this report. Res~e~c~fully Su6mi~tted, ~ s,., "`' ----~ Chairman "~ Commdev/zoning/planeomm/pc07-13 report I~indin2s afFact Listed below are six standards articulated in Section 12-16-4E4 of the Village of Morton Grove Ur2i~ed Development Code upon which the Plan Commission based its decision. 1. )/xisting Uses and Zoning Classifications of the abutting property and within the vicinity of the subject property. • The existing commercial zoning classification of the property has been in place since 1987 when the property was annexed. The proposed amendment does not change the zoning classifcation but instead will bring it into conformance with the other properties in the Village that are zoned CI. The surrowiding zoning has not changed either. 2. Suitability of the subject property for the uses permitted under existing and proposed zoning districts. • The Plan Commission concluded that the property is suitable for food-related uses without any special restrictions, as Uhere are several food-related uses in the center now, with special use permits, and they have not caused any problems. 3. Trend of Development in the Vicinity of the subject property. Based on the applicant's testimony, the trend of development is that major tenants are going to other communities because of the restriction of food-related uses and not coming to the center. Because the center is adjacent to Niles and unincorporated Glenview, it is easy to be in the same general location without staying in Morton Grove. Therefore, the Plan Commission concluded that to stop this negative trend, the food-related resaiction should be lifted so that the Morton Grove shopping center can adequately compete for tenants in the surrounding vicinity. 4. Compatibility with the purpose and objectives of the Village of Morton Grove Campreherzsive Plan, and, iP appropriate, the Waukegan arad Dempster Street Master Corridor Plans and the LelaighJFerris Subarea Plan. • The Village of Morton Grove Comprehensive Plan indicates that Morton Grove's existing commercial areas should be substantially improved and upgraded in the future and that "New commercial uses, particularly retail and convenience convnercial facilities should be aggressively promoted." The Plan Commission concluded that in order for this shopping center to remain viable and promote new retail facilities, the "food related" restriction should be lifted. 5. Compatibility of The Proposed Use with the purposes and objectives of this Code. The objective and purpose of the C1 "Genera] Commercial" zoning dishict is intended to provide for the fiill range of retail and commercial activity serving the Village. The plan Connnission concluded that the existing special use restriction on food-related uses is an impediment to this goal and that by rernoving this restriction, the goal of the Cl district can be better achieved. 6. Adopfion of the proposed amendment only if such adoption is in the public interest and not so(el}~ for the app(ieanNs interest. The Plan Commission concurred with the staff that the proposed an7endment is not just in the best interest of the applicant but is in the best interest of the Village as a whole. Not only will the shopping center better be able to provide needed sales tax revenue but will better be able to provide necessary commercial services to the surzounding residenCs and Village as a whole. Comdev\zoning\p!ancom\pc07-13 findings ofPact WHEREAS, our nation's use of energy continues to increase which is causing detrimental effects on the world's climate; and WHEREAS, the sustainability of our nation's energy as well as the effects it is having on the world is a matter of importance to the residents of the Village of Morton Grove now and in the future; and. WHEREAS, it has been estimated turning off non-essential lights for one hour could save as much as fifteen percent of the energy consumed on an aver°age Saturday night; and WHEREAS, these energy savings could reduce carbon emissions into the air, preserve the natural resources used to produce this energy, and set a positive precedent for our nation, resulting i11 ongoing reduced costs for the Village's taxpayers and businesses of Morton Grove; and WHEREAS, Earth Hour in an initiative to turn off the lights in cities around the world for one hour starting at 8:00 pm local time on March 29, 2008, which will help demonstrate working together each of us can make a positive impact on carbon dioxide emissions and the world's climate; and WHEREAS, Earth Hour encourages communities, businesses, and individuals to take simple steps needed to cut these carbon dioxide emissions; and WHEREAS, Earth Hour began in 2007 in Sidney Australia where companies, government departments, families, and individuals turned off non-essential lighting for one hour at 730 pm as a step towards reducing that city's green house gas pollution; and WHEREAS, participation in Lights Out America -Earth Hour would provide the residents of the Village of Morton Grove with insights into the impact of light pollution and allow them to winless first hand the benefits of regulating lighting. NOW, THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove, Illinois, do herby proclaim March 29, 2008, as LIGHTS OUT AMERICA -EARTH HOUR in Morton Grove by recommending to all its residents and businesses to participate, on a voluntary basis, and turn off all non-essential lights from 8:00 pm to 9:00 pm on this date. ~''~~i~ ~ ~~i~ IN WITNESS WHEREOI', I have hereunto set my hand and ,~ , ~ caused to be affixed the seal of the Village of Morton Grove. Richard Krier, Village President ~o~'IC~ The Village Board of Trustees will hold a Workshop to review and discuss a Water Rate Analysis to be conducted by the Village's consultant, Municipal Financial Services Group. The meeting will be held at 6:00 pm on Monday, March 31, 2008, in the Richard T. Flickinger Municipal Center Trustees Conference Room -Second Floor 6101 Capulina Avenue Morton Grove, Illinois 60053 To ensure fultaccessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who reguii°e certain accommodations in order toobserve and/or pm°ticipate iJ2 this meeting, or who have questions regarding the accessibility of these ,facilities, are requested to conzactSusan or Marlene (847/470-5220) promptly to allow the Village to make reasonable accommodations. Richard T. Flickinger Municipal Cenfer 6101 Capulina Avenue • Morton Grove, Illinois G0053-2985 Tel: (847) 965-4100 Fax: (847} 465-41 C2 Fecycled Paper Legislative Summary Resolution 08-11 AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND MAXIM HEALTH SYSTEMS, L.L.C. TO PROVIDE INFLUENZA VACCINES AND PNEUMONIA IMMUNIZATIONS TO MORTON GROVE SENIOR CITIZENS AND VILLAGE EMPLOYEES Introduced: March 10, 2008 Synopsis: To authorize the Department of Fatnily & Senior Services to enter into an agreement with Maxim Health Systems, LLC to provide influenza vaccines and pneumonia immunizations. Purpose: To provide influenza vaccines and pneumonia immunizations for Morton Grove senior citizens and Village employees for the year 2008. Background: Since 1996, this service has been efficienfly outsourced to competent health care agencies minimal cost to the V illage, its employees, or senior citizen residents. After comparative review of fees and services, the Director of flee Depar~Lment of Family and Senior Services has recommended Maxim Health Systems, LLC, provide this service for the Village for 2008. Programs, Departments Family & Senior Services Department. or Groups Affected Fiscal Impact: The Village's out-of-pocket expense is anticipated to be approximately $1,000.00. Source of Funds: 021011-X51160 Workload Impact: The management of the program is performed by the Department of Family & Senior Services as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: Not required. Special Considerations or None Requirements: Respectfully submitted: C cfi P9~ue Jose ~ F. ade, Village Administrator Prepared 4P,~c2 ~~f.Q.4'z~ -~/ Reviewed by:_ Jac Walker O'Keefe, Director Teresa Family & Senior Services Corporation Counsel RESOLUTION 0~-11 AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND MAXIM HEALTH SYSTEMS TO PROVIDE INFLUENZA VACCINES AND PNEUMONIA IMMUNIZATIONS TO MORTON GROVE SENIOR CITIZENS AND VILLAGE EMPLOYEES WHEREAS, the Village of Morton Grove (VILLAGE), ]ocated 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's Department of Family & Senior Services has provided influenza and pneumonia immunizations to senior citizen residents and Village employees since 1980; and WHEREAS, the Department of Family & Senior Services researched and detern2ined the consumption of time and effort by staff can be transferred to another competent health care agency without additional costs to the Village, its employees, or senior citizen residents; and WHEREAS, the private out-sourcing of this seiviee was handed efficiently in 2007 by Maxim Heath Services, L.L.C., 2340 S. River Road, Suite ] 06, Des Plaines, Illinois; and WHEREAS, Maxim Health Services, L.L.C., 2340 S. River Road, Suite 106, Des Plaines, Illinois, hereinafter to be refen~ed to as "Maxim", has demonstrated proficiency in providing community-based health services; and WHEREAS, based on the findings of the Department of Family & Senior Services, Maxim is a responsible and appropriate provider of influenza vaccines and pneumonia immunizations to Morton Grove's senior citizens and Village employees and fully qualified to provide this service for calendar year 2008. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLIIv'OIS TI-IAT: 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 President and Village Clerk of the Village of Morton are hereby authorized to execute an agreement in substantial conformity with Exhibit "A" attached hereto, to provide influenza vaccines and pneumonia immunizations to Morton Grove senior citizens and Village employees for a period commencing in October 2008 and extending until approximately March 2009. The Village Administrator and/or his designees are hereby authorized Co take all steps necessary to implement the agreement. SECTION 3. This resolution shall be in fu11 force and effect from and after its adoption. PASSED THIS 10`x' day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME TffiS10th day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County,. Illinois ATTESTED and FILED in my office This 10`~ day of March 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" MASTER SERVICES AGREEMENT This Master Services Agreement (this "Agreement") is entered into this 19th day of February, 2008 ("Effective Date'), by and between Village Of Morton Grove, with offices located at 6101 Capulina Ave, Morton Grove, IL, 60053 ("CLIENT"), and Maxim Health Systems, LLC, with offices located at 7227 Lee DeForest Drive, Columbia, MD 21046 ("MAXIM"). In consideration of the promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, and intending to be legally bound, CLIENT and MAXIM hereby agree to the following terms and conditions of this Agreement and the attached Rider(s): ARTICLE 1. TERM OF AGREEMENT 1.1 Term. This Agreement will be in effect as of the Effective Date and will continue indefinitely until terminated. 1.2 Termination. Either party may terminate this Agreement at any time, with or without cause, by providing at least thirty (30) days advance written notice of the termination date to the other party. Either party may terminate this Agreement immediately in the event of a material breach of this Agreement by the other party by providing written notice to other party; however, the notice must describe in reasonable detail the nature of the alleged breach and provide for a cure period of at least five (5) days. Any termination will have no effect upon the rights and obligations resulting from any transactions occurring prior to the effective date of the termination. ARTICLE 2. RESPONSIBILITIES OF MAXIM 2.1 Services. Upon .CLIENT'S request, MAXIM shall provide immunizations, vaccinations and/or screenings (collectively, "Service(s)") to CLIENT'S recipient(s) at the location and times specifed on attached Rider(s) and/or Attachment(s) (collectively, "RECIPIENT(S)"), subject to the availability of vaccine/supplies and/or qualified medical professionals (individually and collectively, "Personnel"). 2.2 Personnel. All Personnel provided by MAXIM shall be employees or contractors of MAXIM, and not of CLIENT. 2.3 Health and Safety Guidelines. MAXIM will follow applicable guidelines issued by the State Department of Health Services pertaining to Services and disposal of waste. Upon receipt of written request, MAXIM will forward a copy of its Infection Control Guidelines to CLIENT. Prior to providing Services, MAXIM shall obtain a physician's order authorizing the provision of Service(s), as required under applicable state laws. 2.4 Supplies. MAXIM will supply all necessary vaccine, medical supplies, and forms to be used in administering and/or providing Services to RECIPIENTS. 2.5 Insurance. MAXIM will maintain (at its sole expense), or require the individuals it provides under this Agreement to maintain, a valid policy of insurance evidencing general and professional liability coverage of not less than $1,000,000 per occurrence and $3,000,000 in the aggregate, covering the sole negligent acts or omissions of Personnel occurring in connection with the provision of Services under this Agreement. MAXIM or its contractor will provide a certificate of insurance evidencing such coverage upon request by CLIENT. MAXIM and any contractor further agree to maintain any statutorily required worker's compensation insurance for all of its Personnel providing Services to CLIENT under this Agreement. Rev. 07/06 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. 2.6 Employment and Taxes. MAXIM will follow its standard employment policies and procedures to verify that ail Personnel meet applicable licensing requirements. MAXIM, or its subcontractor if applicable, will maintain direct responsibility as employer for the payment of wages and other compensation., and for any applicable mandatory withholdings and contributions such as federal, state, and local income taxes, social security taxes, worker's compensation, and unemployment insurance. 2.7 Record Access. In instances where CLIENT is Medicare and/or Medicaid certified, MAXIM agrees that, in accordance with Section 952 of the Omnibus Budget Reconciliation Act of 1980, its contracts, books, documents and records will be made available to the Comptroller General of the United States, the United States Department of Health and Human Services and their duly authorized representatives ("USDHHS") until the expiration of four (4) years after Services are furnished under this Agreement. 2.8 Work Environment. MAXIM will not be responsible for the supply or proper maintenance of any property supplied by CLIENT, including but not limited to tables, chairs and physical space provided to MAXIM and RECIPIENTS. MAXIM will assume no responsibility or liability for crowd control and security at CLINICS. ARTICLE 3. RESPONSIBILITIES OF CLIENT 3.1 Incorporation of Rider(s). CLIENT agrees that any Rider(s) and/or Attachment(s) attached hereto are incorporated herein by reference and form a part of this Agreement. If there is any conflict between this Agreement and any Rider(s) and/or Attachment(s), the terms of the Rider(s) and/or Attachment(s) will govern. 3.2 Insurance. CLIENT will maintain at its sole expense a valid policy of professional or general liability insurance with minimum limits of $1,000,000 per occurrence and $3,000,000 annual aggregate covering the negligent or willful acts or omissions of its employees, contractors and agents. CLIENT will provide a certificate of insurance evidencing such coverage to MAXIM upon request, and give MAXIM prompt written notice of cancellation or any material change in CLIENT coverage. 3.3 Work Environment. CLIENT will provide a workspace for MAXIM to conduct the CLINIC in a highly visible setting that will enable MAXIM to safely provide Services to RECIPIENTS seeking such service. CLIENT will provide furniture at its sole risk to include, but not limited to, tables and chairs, and allow MAXIM Personnel reasonable access to telephones for business use. ARTICLE 4. MUTUAL RESPONSIBILITIES 4.1 Non-discrimination. Neither MAXIM nor CLIENT will discriminate on the basis of age, race, color, national origin, religion, sex, disability, being a qualified disabled veteran, being a qualified veteran of the Vietnam era, or any other category protected by applicable law. ARTICLE 5. COMPENSATION 5.1 Billing. MAXIM will submit invoices to CLIENT for Services rendered (as applicable to any provisions set forth in applicable Rider(s)) and CLIENT shall pay such invoices when due. Invoices shall be submitted to the following address: Village Of Morton Grove 6101 Capulina Ave Morton Grove, IL 60053 ATTN: Jackie Walker-O'Keefe Rev. 07/06 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. 5.2 Payment. All amounts payable to MAXIM are due and payable within thirty (30) days from date of such invoice. CLIENT will send all payments to the following address, unless a different address is set forth in an attached Rider: Maxim Health Systems, LLC 12915 Collections Center Drive Chicago, Illinois 60693 5.3 Late Payment. Payments not received within thirty (30) days from the applicable invoice date will accumulate interest, until paid, at the rate of one and one-half percent (1.5%) per month on the unpaid balance, equal to an annual percentage rate of eighteen percent (18%), or the maximum rate permitted by applicable law, whichever is less. 5.4 Rate Changes. MAXIM will give CLIENT at least thirty (30) days advance notice of any change in rates, which will be mutually agreed upon in writing by both parties. ARTICLE 6. GENERAL TERMS 6.1 Independent Contractors. The parties enter into this Agreement as independent contractors, and nothing contained in this Agreement will be construed to create a partnership, joint venture, agency, or employment relationship between the parties. 6.2 Assignment Neither party may assign this Agreement without the prior written consent of the other party, and such consent will not be unreasonably withheld, delayed or conditioned. No such consent will be required for assignment to an entity owned by or under common control with assignor, but the assignor shall provide assignee with prompt written notice of the assignment. In any event, the assigning party will remain fully liable to the other party under this Agreement. 6.3 Indemnification. MAXIM agrees to indemnify and hold harmless CLIENT, its directors, officers, employees, and agents from and against any and all claims, actions, or liabilities which may be asserted against them by third parties in connection with the sole negligent performance of MAXIM, its directors, officers, employees or agents in providing Services under this Agreement. CLIENT agrees to indemnify and hold harmless MAXIM, and its directors, officers, shareholders, employees and agents, from and against any and all claims, actions, or liabilities which may be asserted against them by third parties in connection with the negligent performance of CLIENT, its directors, officers, employees, contractors or agents under this Agreement. 6.4 Notices. Any notice or demand required under this Agreement will be in writing; will be personally served or sent by certified mail, return receipt requested and postage prepaid, or by a recognized overnight carrier which provides proof of receipt; and will be sent to the addresses below. Either party may change the address to which notices are sent by sending written notice of such change of address to the other party in the manner specified herein. Village Of Morton Grove 6101 Capulina Ave Morton Grove, IL 60053 Attn: Jackie Walker-O'Keefe Maxim Health Systems, LLC 7227 Lee Deforest Drive Columbia, MD 21046 ATTN: Contracts Department COPY TO: Maxim Health Systems, LLC 2340 S. River Road, Suite 106 Des Plaines, IL 60018 ATTN: David J. Cooper 6.5 Headings. The headings of the sections and subsections of this Agreement are for reference only and will not affect in any way the meaning or interpretation of this Agreement. Rev. 07106 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. 6.6 Entire Contract; Counterparts. This Agreement constitutes the entire contract between CLIENT and MAXIM regarding the Services to be provided hereunder. Any agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. This Agreement may be executed in any number of counterparts, each of which will be deemed to be the original, but all of which shall constitute one and the same document. No amendments to this Agreement will be effective unless made in writing and signed by duly authorized representatives of both parties. The parties acknowledge and agree that the execution and delivery of this Agreement by facsimile transmission shall be valid and binding. 6.7 Availability of Vaccine and/or Supplies. As applicable, the parties agree that MAXIM'S obligation under this Agreement to provide Services is expressly conditioned upon the availability of adequate vaccine and/or supplies. Should adequate vaccine andlor supplies become unavailable, MAXIM will not be required to provide Services pursuant under this Agreement and shall have no liability whatsoever to CLIENT or any third party as a result of its failure or inability to do so. 6.8 Force Majeure. Neither MAXIM nor CLIENT shall be liable for any failure or inability to perform their respective obligations under this Agreement for a period of up to forty-five (45) days due to any cause beyond the reasonable control of the non-performing party, including but not limited to acts of God, regulations of laws of any government, acts of war or terrorism, acts of civil or military authority, fires, floods, accidents, epidemics, quarantine restrictions, unusually severe weather, explosions, earthquakes, strikes, labor disputes, loss or interruption of electrical power or other public utility, freight embargoes or delays in transportation, or any similar or dissimilar cause beyond its reasonable control. If a party's non-performance under this section extends for forty-five (45) days or longer, the party affected by such non-performance may immediately terminate this Agreement by providing written notice thereof to the other party. 6.9 Compliance with Laws. MAXIM agrees that all Services provided pursuant to this Agreement shall be pertormed in compliance with applicable federal, state, or local rules and regulations. 6.10 Severability. In the event that one or more provision of this Agreement is deemed invalid, unlawful and/or unenforceable, then only that provision will be omitted, and will not affect the validity or enforceability of any other provision; the remaining provisions will be deemed to continue in full force and effect. 6.11 Governing Law, Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Maryland, without regard to its principles of conflict of laws. Any dispute or claim from this Agreement shall be resolved exclusively in the federal and state courts of the State of Maryland and the parties hereby irrevocably submit to the personal jurisdiction of said courts and waive all defenses thereto. 6.12 Confidentiality. The parties agree to keep the terms and conditions of this Agreement, and any information exchanged or obtained hereunder strictly confidential, and not to disclose such information and materials to any third party, except pursuant to a court order or applicable law, rule or regulation, and .provided that the other party has been given prompt written notice of the impending disclosure and has been provided a reasonable opportunity to seek an appropriate protective order. 6.13 Limitation of Liability. Neither MAXIM nor CLIENT will be responsible for special, indirect, incidental, punitive, consequential, or other similar damages, including but not limited to lost profits, that the other party may incur or experience in connection with this Agreement or the Services provided, however caused, even if such party has been advised of the possibility of such damages. 6.14 Amendment. No amendment, modification or discharge of this Agreement, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the party against whom enforcement of the amendment, modification, discharge or waiver is sought. Rev. 07106 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. 6.15 Attorneys Fees. In the event either party is required to obtain legal assistance to enforce its rights under this Agreement, or to collect any monies due, hereunder, the prevailing party shall be entitled to recover from the other party, in addition to all other sums due, reasonable attorney's fees (including a reasonable hourly rate for the time expended by in-house counsel), court costs and expenses, if any, incurred enforcing its rights and/or collecting its monies. ARTICLE 7. CONFIDENTIALITY OF PROTECTED HEALTH INFORMATION 7.1 HIPAA Compliance. In instances where one party receives Protected Health Information ("PHI") in connection with Services provided under this Agreement, the receiving party agrees that it shall: a) comply with the applicable provisions of the Administrative Simplification Section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d-8 and as amended ("HIPAA"), and the requirements of any regulations promulgated there under; b) not use or further disclose any PHI concerning a RECIPIENT, other than as permitted by this Agreement, the requirements of HIPAA and/or applicable federal regulations. The receiving party shall implement appropriate safeguards to prevent the use or disclosure of a RECIPIENT'S PHI other than as provided for by this Agreement; c) promptly report to the other party any violations, use and/or disclosure of a RECIPIENT'S PHI not provided for by this Agreement as soon as practicable, upon becoming aware of the improper violation(s), use and/or disclosure; and d) comply with the privacy, security and electronic transaction requirements defined in the HIPAA regulations. 7.2 Breach of Confidentiality. In the event that either party is in material breach of any provision(s) of this Article, it shall immediately advise the other party and take commercially reasonable steps to remedy such breach, including, but not limited to protecting against the consequences of any disclosure or use of PHI in violation of this Agreement. Both parties acknowledge that use or disclosure of the PHI, in any manner inconsistent with this Agreement, may result in irreparable and continuing damage. As applicable by law, legal remedies, such as equitable relief may be necessary to protect against any such breach or threatened breach, including, without limitation, injunctive relief. CLIENT and MAXIM have acknowledged their understanding of and agree to the mutual promises written above by executing this Agreement as of the Effective Date. Village Of Morton Grove: Signature MAXIM HEALTH SYSTEMS, LLC: Signature P.ichard Krier, Village President Kathy Jackson Controller Printed Name & Title Printed Name & Title Parch 10 , 2008 Date Date Rider to MASTER SERVICES AGREEMENT between MAXIM HEALTH SYSTEMS, LLC and Village Of Morton Grove FOR FACILITY AND PUBLIC IMMUNIZATION THIS RIDER (this "Rider") TO THE MASTER SERVICES AGREEMENT (the "Agreement") is entered into as of the 19th day of February, 2008 (the "Effective Date"), by and between MAXIM and CLIENT referenced therein. Rev. 07/06 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. WHEREAS, CLIENT desires to provide Services for members, residents, employees and/or the general public as identified by CLIENT (whether one or more, collectively, the °RECIPIENTS") at the CLIENT'S facility, and has entered into an Agreement with MAXIM to provide Services at CLIENT requested locations ("CLINIC(S)"); and WHEREAS, MAXIM employs Personnel and is willing to provide such Personnel to provide these Services at CLIENT'S CLINIC(S) according to the terms and conditions set forth herein. 1.1 Personnel. MAXIM will supply CLIENT with Personnel who meet the following criteria: 1) Possess current state license/registration and/or cerfi~rication. 2) Possess CPR certification. 3) Possess proof of pre-employment screening, including, as required by state law, a physical and TB skin test, professional references, criminal background check(s) (and drug screenings as requested by CLIENT at CLIENT'S sole expense). 1.2 Promotional Materials. MAXIM shall provide reasonable quantities of promotional materials for CLINICS. 1.3 Consent Forms. RECIPIENTS will each be required to read and sign a consent form prior to receiving Services. MAXIM will provide consent forms to RECIPIENTS at the time Services are rendered. 1.4 Compensation. CLIENT to choose one of the following payment methods by initialing: a. X MAXIM will bill Medicare Part B for RECIPIENTS that have coverage through Medicare Part 8 and who provide proper documentation prior to receiving Services as proof of such coverage. CLIENT will be responsible for partial payment for EMPLOYEES that do not have Medicare Part B coverage or who do not provide proper documentation of said coverage. Rates will be charged as set forth in Section 1.6 below. b. X_ MAXIM will bill Medicare Part B for RECIPIENTS that have coverage through Medicare Part 8 and who provide proper documentation prior to receiving Services as proof of such coverage. RECIPIENTS will be responsible for payment for Services if they are not covered by Medicare Part B or do not provide proper documentation of such coverage at the time of the CLINIC. Rates will be charged as set forth in Section 1.6 below. 1.5 Promotions. .CLIENT shall promote CLINICS to RECIPIENTS. Promotions will include, but not be limited to, displaying promotional materials in highly visible settings at least two (2) weeks prior to the date of the CLINIC. 1.6 Compensation. MAXIM will provide Services to RECIPIENTS under this Agreement in accordance with the following rate schedule: Services RECIPIENT Rate CLIENT Rate EMPLOYEE Rate Influenza $30 $0 $25 Pneumonia $40 $0 $40 Rev. 07/06 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. 1.7 Minimum Shot Requirement. There is a minimum requirement of at least forty (40) individual immunizations per CLINIC. If Tess than forty (40) immunizations are administered to RECIPIENTS, CLIENT is responsible to MAXIM for the balance and will be billed at the above established rates, subject to Article 5 of the Agreement. 1.8 Clinic Dates. CLINICS will be held on the following day(s) and at the following time(s): Dates Times Wednesday, October 15th, 2008 gam - 1:30pm Thursday, October 16th, 2008 Sam -1:30pm Saturday, October 18 , 2008 gam -1:30pm Thursday, October 23r , 2008 fpm - 4:30pm The terms and conditions of the Master Services Agreement between CLIENT and MAXIM are incorporated into this Rider and made a part hereof. CLIENT and MAXIM acknowledge their understanding of and agreement to the mutual promises written above by executing this Rider as of the Effective Date set forth above. VILLAGE OF MORTON GROVE: Signature MAXIM HEALTH SYSTEMS, LLC: Signature Richard Krier, Village PresidentKathyJackson Controller Printed Name & Title Printed Name & Title r+.arch 10, 2.008 Rev. 07106 Copyright 2003-2006. MAXIM HEALTH SYSTEMS, LLC All rights reserved. Legislative Summary Ordinance 08-12 AN ORDINANCE AMENDING ORDTNANCE 87-33 AND 88-34 TO REMOVE ANY RESTRICTIONS REGARDING FOOD RELATED USES FOR THAT PROPERTY COMMONLY KNOWN AS WASHINGTON COMMONS LOCATED AT 7901- 7965 GOLF ROAD, MORTON GROVE, ILLINOIS Introduced March 10, 2008 Synopsis: This ordinance will amend prior ordinances restricting food related uses for the Washineton Commons Shopping Center. Purpose: To allow uses on this property consistent with uses permitted on all other CI commercial district properties, and to reduce vacancies within the Washington Commons shopping center. Background: The Washington Commons Shopping Center, 7901-7965 Golf Road., was annexed to the Village i in 1987. As part of the annexation ordinances the Village forbade restaurants and other food related uses at the center. This restriction was amended in 1988 to allow food related uses, as special uses. No other property in the Cl Commercial district currentiy has this restriction. The owners of the property have asked the Village to remove this restriction citing numerous vacancies at the shopping center and noting a special use process is time consuming and often dissuades prospective tenants from leasing space in the center. A public hearing, was held before the Plan Commission on this matter on February 18, 2008. No persons spoke against this request and in fact one neighbor who had previously advocated restricting food uses noted it now seems appropriate to lift this restriction. The Plan Commission unanimously recommended all restrictions related to food uses be eliminated. Programs, Departments Building and Inspectional Services, and Village Planner. or Groups Affected Fiscal Impact: N/A Source of Funds:. ~ N/A Workload Impact: The application has been processed by the Building Commissioner and Village Planner pursuant to the normal course of business. Administrative Approved as presented Reeo m mendation: First Reading: Required Special Considerations or The applicant has requested the ordinance be adopted on its first reading. Requirements Respectfully submitted: Prepared by / Teresa Counsel Joseph F. Wad Village Administrator Reviewed by: ~ Ed Hi debran t, Buildin~missioner Ordinance 08-12 AN ORDINANCE AMENDING ORDINANCE 87-33 AND 88-34 TO REMOVE ANY RESTRICTIONS REGARDING FOOD RELATED USES FOR THAT PROPERTY COMMONLY KNOWN AS WASHINGTON COMMONS, LOCATED AT 7901- 7965 GOLF ROAD, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, in July 1987 the Corporate Authorities adopted Ordinance 87-33 as part of an annexation of that property commonly known as Washington Commons, 7901-7965 Golf Road, Morton Grove, Illinois, to the Village of Morton Grove; and WHEREAS, Ordinance 87-33 zoned the properCy as B2 "Special Business District" subject to an additional qualification no restaurant or food establishments be allowed on the site. WHEREAS, subsequent to the adoption of 87-33 the zoning classification for the property was changed to the CI commercial zoning district, and pursualnt to Ordinalnce 88-34 food sales were allowed on the property as a special use; and WHEREAS, the applicant Ted Hortis, of Capital Property Management, representing Washington Commons, Morton Grove, Inc., 7063 W. Belmont Avenue, Chicago, Illinois 60634, has made a proper application to the Plan Commission in the Village of Morton Grove under Plan Conmlission Case 07-13 requesting Ordinance 87-33 and Ordinance 88-34 be amended to remove any restrictions pertaining to food related uses for the property other than those specified in Village Codes and regulations regarding C1 commercial zoning districts; aznd WHEREAS, the applicant has shown that the shopping center has substantial vacancies and the applicant believes that the restrictions on food related uses is an impediment to leasing space within the shopping center; and WHEREAS, the shopping center is the only property located in the C1 zoning district which is encumbered by this restriction. All other properties zoned C1 allow food sales and restaurants as permitted uses; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Unified Development Code upon property notice duly published in the Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove which publication took place on January 31, 2008, and upon the posting of a sign on fl1e property and upon notice sent to property owners within 250 feet of the subject property pursuant to applicable, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on February 18, 2008, at wkieh time all interested and concerned parties were given an opportunity to be present and express their views for the consideration o£the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations aid certain conditions through a report dated March 10, 2008, a copy of which is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find that amending Ordinance 87-33 and Ordinance 88-34 as recommended by the Village of Morton Grove Plan Commission serves the public good and is in the Village's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRLiSTEES 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: Ordinance 87-33 and Ordinance 88-34 are hereby amended to allow food related uses for the property commonly known as Washington Commons, located at 7901 - 7965 Golf Road, Morton Grove; Illinois as otherwise allowed in acid subject to all regulations for the C1 zoning district. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provision, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shalt lie controlling aid shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: That this Ordinance shall be in full force aild effect from and upon its passage and approval PASSED flzis 10"' day of March 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 10`n day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 11 °i day of March 2008. Carol A. Pritzshall, Vil]age Clerk Village of Morton Grove Cook County, Illinois vHAam~„~reg~s~o,a~r9oi-r96s coif, wasn~~gm~ co~,~„on5, rooa es, EXHIBIT "A" ~i11~~e ® ®rt~ Planning commission Zoning Boazd of Appeals March 10. 2008 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board: On February 18, 2008 a public hearing was conducted by the Morton Grove Plan Commission after a legal notice was published in The Champion newspaper on January 31, 2008, written notification sent to property owners within 250 feet of the subject property, and a sign posted on the property as required by ordinance regarding: Plan Commission Case PC07-13, wherein the applicant Ted Hortis of Capital Property Management representing Washington Commons Morton Grove, Inc 7063 W. Belmont Avenue, Chicago, Illinois 60634, requested an amendment to the "Annexation Agreement" to allow "food related" uses as pernzitted uses rather than special uses, as regulated in the Cl `General Commercial District at 7901-7965 Golf Road. Ms. Bonnie Jacobson, Planner, izitroduced the case for the Village. She reviewed the history of the situation and request, and also reviewed the standards for evaluating the proposed amendment, emphasizing that the Plan Commission needed to determine that the amendment is for the public good and not just for the applicant's best interest. Ms. Jacobson noted that when the shopping center was annexed, any type of food use was prohibited, and over time the annexation agreement was amended to allow food uses by Special Use. Several of the tenants in the center obtained Special Use Permits for food related uses, including Honey Baked Hain, Entenmanns, Bellacinos and Aldis. None of these tenants have had a negatve affecton the shopping center or the surrounding neighborhood. The applicant now wishes to lift the special use restriction as he is losing several potential tenants to surrounding communities because of the food restriction and lengthy special use process. Ms. Jacobson further reviewed the staff and commission comments which were all supportive of the proposed an~endments. They felt the loss. of potential tenants had a far greater negative impact on the Village than keeping the restriction in place. Any negative impact such as noise or rodents already is controlled by Village codes. Although Fire Department, Engineering and the Traffic Safety Commission had some logistical concerns regarding parking and trash container locations, they felt this could be easily addressed when a potential tenant leased space and the removal of the restricfion was beneficial to the Village. Ms. Jacobson then read into the record a letter from Mr. Blll Neuendorf, Director of Community and Economic Development which indicated his support for the proposed amendment highlighting the economic benefit to the Village. Richard T. Flickinger Muiucipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tei. (847) 965-4100 Fax: (847) 965-4162 Recycled Paper Mr. Ted Hortis, the applicant presented his case further expanding on Ms. JacoUson's conulTents. He noted the historical reasons for the food-related restrictions, but believes the concerns are no longer valid. He commented that his compa~sy has put a .lot of money into the center to make it look nice and their center is often die first choice among many tenants to locate. However, when these potential tenants find out about the special use restriction on food., they move. on to the surrounding towns which are just down the street. Mr. Hortis indicated that about 30-35% of the center is vacant and this is not desirable. He has a tenant now that is wilting to take a large space, but he has run into a snafu with the ]ease simply because of the special use restriction on food, because This tenant has a very small section of food sales in their business. Mr. Hortis indicated that they are very responsive to neighbors views regarding noise and garbage collection and be works with the tenants to keep their garbage areas clean. Mr. Hortis is requesting the food restriction be lifted so as to keep the center viable and competitive. Commissioner Dorgan commented that he still noticed overflowing garbage in the center at some locations. Chairman Parkas noted that Mr. Hortis could be more proactive with his leases. Mr. Hortis concurred. Three concerned parties spoke regarding this case. All were in favor of the proposed amendment. Mr. Larry Newberry represented a potential tenant and commented that he doesn't believe the restriction is necessary as they are a good neighbor and aze quick to address neighbor's concerns. Mr. Randy Caplan, a longtime resident of the area commented that he was one of the neighbors who complained and was the reason why the restriction was put in place. He concurred with Mr. Hortis regarding his commitment to take care of the center and believed he has done a responsible job. Mr. Caplan believes now it is time to remove the restriction. Mr. Eric Poders concur-ed with Mr. Caplan and indicated a preference for more restaurants. Commissioner Farkas commented that while all present felt that removing the food restriction was a good idea he wanted to articulate the reasons relative to the standards for ah amendment and why the amendment was in the public benefit and asked Ms. Jacobson to respond. Ms. Jacobson responded that it was her opinion as well as flee rest of the staffs that the amendment was in the Village's best interest not just from ul economic standpoint in terns of sales tax revenue, but in terns of the applicant's ability to pirovide needed services in that area of the Village. She then reviewed the other standards and reasons for them. The Plan Commissioners discussed the motion indicating that the proposed amendment is long overdue, and that this center should be brought into conformance with the rest of the Village. Commissioner Patel moved, and Commissioner Roepenack seconded to recommend approval to amend the annexation agreement to remove the special use restretion on "food related" uses for the property at 7901-7965 Golf Road. The motion eairied: Yes 6; No U; Absent 1 The voting: Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes Commissioner Gattorna Yes Commissioner Goya] Absent Commissioner Patel Yes Commissioner Roepenack .Yes The "Findings of Fact" relative to the standards for "Amendments" is attached to this report. Respeb~~'ully Submitted, ~.. ~. _ l~ ~, ,. `"<i'~~ ~ IF ~ ~'/~~ ,m / ~~~» ~'arlcas Chairman Commdev/zoning/plancomm/pc09-t 3 report lrindin~s of Fact Listed below are six standards articulated in Section 12-I6-4E4 of the Village of Morto~z C~^ove Unified Develo~naent Code upon which the Plan Commission based its decision. 1. Existing Uses and Zoning Classifications of the abutting property and within the vicinity of the subject property. The existing commercial zoning classification of the property has been in place since 1987 when the property was annexed. The proposed amendment does not change the zoning classification but instead will bring it into conformance with the other properties in the Village that. are zoned C1. The surounding zoning has not changed either. 2. Suitability of the subject property for the uses permitted under existing and proposed zoning districts. • The Plan Conmiission concluded that the property is suitable for food-related uses without any special restrictions, as there are several food-related uses in the center now, with special use permits, and they have not caused any problems. 3. Trend of Development in the Vicimity of the subject property. Based on the applicant's testimony, the trend of development is that major tenants are going to other commwlities because of the restriction of food-related uses and not coming Yo the center. $ecause the center is adjacent to Niles and unincorporated Glenview, it is easy to be in the same general location without staying in Morton Grove. Therefore, the Plan Commission concluded that to stop this negative trend, the food-related restriction should be lifted so that the Morton Grove shopping center can adequately compete for tenants in the surrounding vicinity. 4. Compatibility with the purpose amd objectives of the ViClage of Morton Grove Comprehensive Plait, and, if appropriate, the N'aukegave arAd Dempster Street Master Corridor Plans and the LehighlFerris Subarea Playa. The Village of Mo~2on~ Grove Compreheaxsive Plan indicates that Morton Grove's existing commercial areas should be substantially improved and upgraded in the future and that "New commercial uses, particularly retail and convenience commercial facilities should be aggressively promoted." The Plan Commission concluded that in order for this shopping center to remain viable and promote new retail facilities, the "food related" restriction should be lifted. 5. Compatibility of the Proposed Use with the purposes and objectives of this Code. • The objective. and purpose of the Cl "General Commercial" zoning district is intended to provide for the full range of retail and commercial activity serving the Village. The Plan Commission concluded that the existing special use restriction on food-related uses is an impediment to this goal and that by removing this restriction, the goal of fhe C 1 district can Ue better achieved. 6. Adopfion of the proposed amendment only if such adoption is in the public interest and not solely for the applicant's interest. The Pla» Commission concurred with t:he staff that the proposed amendment is not just in the best interest of the applicant but is in tLe best interest of the Village as a whole. Not only will the shopping center better be able to provide needed sales tax revenue but will better be able to provide necessary commercial services to the surrounding residents and Village as a whole. ComdevAzoning\plancom\pc07-13 findings of fact Legislative Summary Ordinance 08-04 ESTABLISHING TITLE 4, CHAPTER 17G ENTITLED SELF-STORAGE FACILITY ACCOMMODATIONS TAX IN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: __ Teresa January ] 4, 2008 This ordinance will establish aself-storage facility accommodation tax within the Village of Morton Grove. In order to raise additional revenue to support all municipal services within the Village of Morton Grove to cover the cost for municipal services required by self- storage facilities, this ordinance will impose a tax of 3% of the gross rental or ]easing charges ofself-storage facility accommodations, which will increase to 4% beginning .Tune I, 2009, and 5% beginning June 1, 2010. The Village is a home rule community acrd has the authority to impose taxes on goods, services or accommodations within the Village of Morton Grove. With the assistance of Special Counsel, Village staff has proposed the Board adopt aself- storage facility accommodation tax at 5% of the gross rental or leasing charges of separately divided storage rows offered for Lease or rent to members of the public for storage of personal property. Based on the recommendations of the Village Board, the initial tax rate shall be 3% and shall automatically increase to 4% on June I, 2009, and to 5% on June i, 2010. Finance Department. This tax is projected to generate $50,000 in General Fund Revenue. The tax will be borne by the lessees or tenants of said storage facility and shall be collected by the owners, operators, or managers of said facilities. The management of the program is performed by the Finance Department as part of their normal work activities. Approval as presented January 14, 2008, Required ?v`one : F Wade, Village Administrator Reviewed b~ Corporation Counsel Dane a Partipilo, Finance Director/Treas rer ®RDINANCE 08-04 AN ORDINANCE ESTABLISHING TITLE 4, CHAPTER 17G ENTITLED SELF-STORAGE FACILITY ACCOMMODATIONS TAX IN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Limited to the power to tax and incur debt; and WHEREAS, the Village has a policy ofregularly reviewing and revising the Municipal Code, as necessary, to insure all provisions of the document remain compliant with contemporary statutes and relevant to current operations; and WHEREAS, in exercise of its home-rule authority, the Village, through its President and Board of Trustees, has found and determined that, in order to raise additional revenue to assist in covering the cost for increased use of municipal services required by certain storage facilities, the establishment of a tax on a charge or fee for self-storage facility accommodations within the Village is in the best interest of the public health, safety, and welfare of its citizens; and WHEREAS, at the direction of the Village President, Village staff has undertaken the review and development of a new Title 4, Chapter 17G to be incorporated into the Municipal Code of the Village of MorEon Grove entitled Self-Storage Facility Accommodations Tax. NOW, THEREFORE, BE IT ORDAINED BY THE PRBSIDENT AND BOARD OF TKUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION L• The Corporate Authorities do hereby incorporate the foregoing Whereas clauses into this Ordinance as though fully set forth therein thereby making the f ndings as hereinabove set forth. SECTION 2: The Village of Morton Grove Code Municipal Code is hereby amended by the addition of a new Title 4, Chapter 17G to be entitled Self-Storage Facility Accommodations Tax which shall read as follows: CHAPTER 4 SERVICES BUSINESS ARTICLE B: SELF-STORAGE FACILITY ACCOMMODATIONS TAX SECTION: 4-17G-1: Self-Storage Facility Accommodations Tax Imposed 417G-2: Definition of Self-Storage Facility 4-17G-3: Tax to be Borne by Tenant 4-17G-4: Self-Storage Facility to Secure Tax fi•om Tenant ~t-17G-5: Records to be Kept 4-17G-6: Enforcement/License Suspension/Revocation 4-17G-7: Penalties 4-17G-1: SELF-STORAGE FACILITY ACCOMMODATIONS TAX IMPOSED: There is imposed hereby and shall accrue immediately and be collected a tax, as herein provided, upon the rental or leasing of any self-storage facility aec:ommodations in the Village of Morton Grove, at the rate of three percent (3%) of the gross rental or leasing charge. Effective June 1, 2009, this tax shall be increased to the rate of four percent (4%) of the gross rental or leasing charge. Effective June 1, 2010, this tax shall be increased to the rate of five percent {5%) of the gross rental or leasing charge. This tax shall be in addition to any and all other taxes. 4-17G-2: DEFINITION OF SELF-STORAGE FACILITY: A building or structure containing separately divided storage rooms offered for lease or rent to members of the general public for the storage of personal property, and/or properly leased or rented to members of the general public for the overnight parking or storage of vehicles. 4-17G-3: TAX TO BE BORNE BY TENANT: The ultimate incidence of acid liability for payment of said tax shall be borne by the lessee or tenant of any such self-storage facility acconunodations. Nothing herein shall be construed to impose a tax upon the occupation of leasing or operating self-storage facilities. Each operator of aself-storage facIlity shall have the duty to collect the self-storage facility accommodation tax from each ]essee and to pay it over to the Village along with an accounting therefore on the return forms provided by the Village. The return and the tax shall be filed with the Director of Finance/Treasurer on the same filing dates as are established for fling with the Illinois Department of Revenue of the Retailer's Occupation Tax Return Fonn STl or a subsequently required form. It shall be unlawful for any owner, manager or operator of self-storage facility accommodations to fail to cause said tax to be collected from the lessee or tenant of said self- storage facility accommodations or to fail to file any tax retunl required by this ordinance, or cause said tax to be paid over to the Director of Finance/Treasurer under rules and regulations prescribed by the Director of Finance/Treasurer and as otherwise provided for in this Article. 4-17G-4: SELF-STORAGE FACILITY TO SECURE TAX FROIVI TENANT: The tax herein levied shall be collected by the self-storage facility owner, manager or operator from the lessee or tenant when col]ecting the price, charge or rent to which it applies. Every lessee or tenant shall be given a bill, invoice, receipt, or other statement or memorandum of the price, charge or rent payable upon which the self-storage facility accommodations tax shall be stated, charged and shown separately. The self-storage facility accommodations tax shall be paid to the Director of Finance/Treasurer as trustee thereof for and on behalf of the Village. 4-17G-5: RECORDS TO BE KEPT: Every owner, manager, or operator of aself-storage facility in the Village shall register with the Village on forms provided by the Director of Finance/Treasurer. Each such owner, manager, or operator shall have the duty to maintain complete and accurate books, records and accounts showing the gross receipts for the lease of any self-storage facility accommodations within the Village of Morton Grove and showing the prices, rents or charges made or charged, and occupancies taxable under this self-storage facility accommodations tax. The Director ofFinance/Treasurer, or his/her designee, shall at all reasonable times have full access to said books and records. 4-17G-6: ENFORCEMENT/LICENSE SUSPENSION/REVOCATION: A. Any self-storage facility who fails to timely pay all taxes due pursuant to this article shall also pay a penalty equal to five percent (5%) of any such unpaid tax and shall pay interest on any past due balance at flee rate of one percent (1%) per month. Any self-storage facility who fails to timely file a tax return required pursuant to this article shall also pay a penalty equal to five percent (5%) of any tax due during the period covered by the return. B. The failure to comply with any obligation imposed by this article shall also be grounds for the suspension or revocation of any license or permit issued to the self-storage facility or with respect to the self-storage facility pursuant to the procedure set forCh in Sectiml 4-17G-5 of this title. 4-17G-7: PENALTIES: Any person foetid guilty of violating any provision of this article may, in addition to any tax or penalty due, be assessed a fine of not less than seventy-five dollars ($75.00) and not more than seven hundred ffty dollars ($750.00). Each day a violation continues to exist shall be a separate offense. Citations for violations of this article shall be adjudicated by the Village's Administrative Adjudication Hearing Officer, or at the choice of the Village of Morton Grove, by any court of competent jurisdiction. SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable for airy reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions shall remain in full force and effect. SEC'T'ION 4: 1n the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance steal] be controlling and shall supersede all other statutes, ordinances, or resolutions by only to the extent of such conflict. SEC"PION 5: This ordinance shall be in full force and effect on June I, 2008, provided it has been adopted, approved and published as provided by law. PASSED this 10"' day of March 2008. Trustee Brurmer Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED by me this 10`x' day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This I 1 `~' day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution OS-IS A RESOLUTION TO URGE THE ILLINOIS GENERAL ASSEMBLY TO ADOPT REFOR]VIS THAT PROTECT POLICE AND FIRE PENSIONS Introduced: March 10, 2008 Synopsis: To authorize the Village to submit their support to Brie Illinois General Assembly to adopt reforms to protect police and fire pension funds. Purpose: Since the fiscal condition of public safety pension funds is a serious matter Co Illinois municipalities, the Illinois Municipal League has asked member municipalities to assist in developing public awareness of this issue and to endorse pension reform legislation. Background: Legislation is presently proposed in the General Assembly to increase public safety pensions. Such increases will add to the pension debt of the Village of Morton Grove and other municipalities. The Northwest Municipal Conference and Illinois Municipal League are seeking a moratorium on increased benefit levels. Programs, Departments Legislative, Administration, aild Legal Deparhnents or Groups Affected Fiscal Impact: Not Applicable Source of Funds: Not Applicable Workload Impact: The Administration Department will implement the ultnnate decision of the Illinois General Assembly and Village Board of Trustees as parC of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: March 10, 2008 Special Considerations or ~ None Requirements: Respectfully submitted: Reviewed by: Joseph F. Wade, Village Administrator Teresa Hoffman Liston, Corporation Counsel RESOLUTION 08-15 A R?<SOLUTION TO GTR(rE THE ILLINOIS GENERAL ASSEiVIBLY TO ADOPT REF0121VIS THAT PROTECT POLICE A1\TD FIRE PENSIO?v'S 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 Illinois police and firefighter pension funds are facing uncertainty and a financial crisis is developing; and WHEREAS, increased pension benefits have stressed the Village of Morton Grove's financial condition and is impacting the Village's ability to continue to provide services and meet capitalimprovement needs; and WHEREAS, generous retirement and disability benefits have caused the funds to incur escalating debt which threatens their long-term sustainabihty; and WHEREAS, the Illinois General Assembly has continued to add to the growing costs of these pension funds through increasing benefits without providing additional revenues; and WHEREAS, benefit increases in recent years have contributed to the doubling of debt carried by police and fire pension funds from 1999 to 2004; and WHEREAS, the amount of debt carried by police pension funds as of 2004 reached $179,958 per active police officer and the amount of debt carried by firefighter pension funds reached $176,845 per active firefighter; and WHEREAS, there is no certainty the current benefit levels are sustainable by municipalities for the existing and improved benefits; and WHEREAS, ultimately local taxpayers are financially responsible for the growing pension obligations and will invariably be expected to pay those costs. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND I30ARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SEC'T'ION 1: The Corporate Authorities do hereby nlcorporate the foregoing whereas clauses into this resolution as though fully set forth therein making the findings as herein set forth. SECTION 2: The Village of Morton Grove hereby urges the Illinois General Assembly to stop approving new and increased pension benefits for the police and fire pension funds. SECTION 3: The Village of Morton Grove also urges the General Assembly to embrace sensible pension reforms including a moratorium on increased benefit levels and costs, improved cost impact analyses, professionalization offend management, enhanced local government authority, and other needed revisions as endorsed by the Northwest Municipal Conference and the Illinois Municipal League. SECTIOiv~ 4: This Resolution shall be in full force and effect from and after its passage and approval as required by law. PASSED this 10`" day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 10`" day of March 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this ll`" day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ~_ Ordinance 08-09 AMENDING TITLE 10, CHAPTER 4 ENTITLED ELEVATOR REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced February 25, 2008 Objective To amend Title ] 0, Chapter 4, of the Village Municipal Code entitled "Elevator Regulations." Purpose: The purpose of this ordinance is to adopt by reference the elevator regulations mandated by the Office of Illinois State Fire Marshal; and to clarify existing construction requirements specified by the Fire Department Background: The Elevator Safety and Regulation Act [Illinois Public Acts 92-873 (6-1-03) and 94-698 (11-22-OS)j designates the Office of Illinois State Fire Marshal as the agency responsible for adopting elevator construction and inspection standards, licensing of elevator installers, mechanics, and inspectors, and issuing elevator ~ certificates of operation. The Elevator Safety Act gives the State Fire Marshal the ability to enter into agreements with local municipalities to inspect elevators and issue certificates of operation within theirjurisdiction as long as the minimum standards as adopted at 41 III. Adm. Code 1000 are adopted and an inspection program as prescribed by the Office of State Fire Marshal is followed. On July 1 S, 2007, the Village received an approved agreement to operate a local program using Elevator hispection Service (EIS), Indian Head Park, IL. We have used EIS as the Village's elevator inspection company since 2004. This ordinance will bring us into compliance with the Elevator Safety and Regulation Act. Programs, Departments Department of Building and Inspectional Services; Fire Department. or Groups Affected Fiscal Impact: ldone. This is a technical code for installation and maintenance of elevator equipment. Source of Funds: Not applicable. Workload Impact: Minimal impact on inspector workload.; the ordinance will adopt current elevator standards for use by plan review staff and the Village's third party inspection serv i ee. Administrator Approval as presented. Recommendation: First Reading: Required--Code Amendment Special Considerations or None Requirements: __ Administrator Approval ~ ~ r ~ U~1a`~ osc " F. de, V"II ministrator Prepared by: ~ . ,~ Ed Hildebrandt, uilding Commissioner Reviewed by:_ Teresa Hoffman gyration Counsel ORDINANCE 08-09 AMENDING TITLE 10, CHAPTER 4 ENTITLED ELEVATOR REGULATIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home nzle unit of govemment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing, and as necessary, updating existing Municipal Ordinances; and WHEREAS, on July 18, 2007, the Village entered into an agreement with the Illinois Office of the State Fire Marshal to operate an elevator safety program in conformity with Section 140 of the Elevator Safety Act (225 ILCS 312/140) and the administrative rules adopted at 41 Ill. Adm. Code 1000; and WHEREAS, the 41 Ill. Adm. Code 1000 specif es certain minimum standards and codes for the installation and maintenance of elevators, escalators, and similar conveyances as published by the American Society of Mechanical Engineers (ASME), American National Standards (ANSI), and American Society of Civil Engineers (ASCE); and WHEREAS, the Fire Department requires specific minimmn size elevator cabs to accommodate emergency medical service equipment; and WHEREAS, Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED SY 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 Ordinaaice as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 10, Chapter 4 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter 4 entitled, "ELEVATOR REGULATIONS" to read as follows: CHAPTER 4 ELEVATOR REGULATIONS SECTION: 10-4-1: Code Adopted 10-4-2: Size Requirements 10-4-3: Inspections Required/Fees 10-4-4: Penalties 10-4-1: CODE ADOPTED: There is hereby adopted by the Village for the purpose of prescribing regulations governing the installation and maintenance of elevators, dumbwaiters, escalators, and similar conveyances those certain codes adopted by the Illinois Office of State Fire Marshal and found at 41 Ill. Adm. Code 1000.60, and they are hereby incorporated by reference and made a part of this Code acid shall be applicable and controlling within the limits of the Village. Any changes to codes and standards referenced in 41 III. Adm. Code 100.60 shall automatically be adopted by the Village unless specifically amended by the Village Board of Trustees. (Ord. 93-42, 10-25-93; Ord 99-41, 9-13-99; Ord 08-09, 2-25-08) 10-4-2: CONSTRUCTION REQUIREMENTS: A. Any elevator cab installed within the Village in other than single family residences shall have the following minimum clear inside finished cab dimensions. Width - 91 inches Depth - 74 inches Cab door - 42 inches clear opening, side open Load capacity - 4500 pounds; OR Width - 68 inches Depth- 94 inches Cab door - 48 inches clear opening, end open, Load capacity - 4500 pounds; OR Any other combination of clear minimum width, depth, cab door, and load capacity approved by the Fire Chief. B. In buildings with more than one elevator, at least one elevator in each bank or elevator location within the building shall comply with these minimum clear finished cab dimensions. C. Ali elevators meeting these minimum clear finished cab dimensions shall be identified on the corridor wait at each floor landing with a sign stating FIRE/EMS ELEVATOR in red Letters at least one inch (1 ") high or in a color contrasting with the wall surface. D. All elevators not required to meet these minimum clear finished cab dimensions shall comply with the size requirements of the Illinois I Iandicapped Accessibility Code. (Ord. 78-11, 2-13-78; Ord 99-41, 9-13-99; Ord 08-09, 2-25-08) 10-4-3: INSPECTIONS REQUIRED/FEES: A. Semiannual inspections of all mechanical equipment regulated by codes adopted in 10-4- l,are required. B. Each permittee shall cause his Certificate of Inspection to be framed and on display in a conspicuous location available to the code official. C. Approval and inspection fees shall be in accordance with Chapter 10-1-1A. (Ord 99-41, 9-13-99} 10-4-4: PENALTY: Any person. violating any of the provisions of this Article shall be fined not less than seventy-five dollars ($75.00) nor more Phan seven hundred fifty dollars ($750.00) for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. (Ord. 93-42, 10-25-93; Ord 99-41, 9-13-99) SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10`s day of March 2008. Trustee Brumier Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 10°' day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my offce this 1 I `h day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-10 ~ AMENDING TITLE 10, CHAPTER 9 ENTITLED FENCES OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: February 25, 2008 To amend Title 10, Chapter 9, of the Village Municipal Code entitled "Fences." The purpose of this ordinance is to update The fence regulations and coordinate those regulations with the Unified Development Code (Title ]2) and Title 10 "Fee" chapter (10-1 A). The fence regulations were last updated in 1993. This ordinance will coordinate Title 10, Chapter 9 with the Unified Development Code fence location and height requirements (12-3-5); and will reference the Buildings fee chapter (10-1 A) which centralizes all building fees. Department of Building and Inspectional Services. None. This is a technical code for installation of fences. Not applicable. Minimal impact on inspector workload. Approval as presented: Required-Code Amendment None ~:Zr'',~ Administrator Approval ~./~,~.a~Jd i~ ~c9~' Reviewed by: osep F.~ade, Villa e Administrator Teresa Hoffinan Ljfito , Corporatio `=~~ /.- Prepared bye ~. Ed Hildebrand ,Building ommissioner Counsel ORDINANCE 08-10 AMENDING TITLE 10, CHAPTER 9 ENTITLED "FENCES" OF THE MIiNICIPAL CODE OF TAE 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 acid incur debt; and WHEREAS, the Village is continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, the requirements of Title 10, Chapter 9 entitled, "FENCE REGULATIONS" has been reviewed and is in need of updating; and WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THB 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 9 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Chapter in its entirety and replacing it with a new Title 10, Chapter 9 entitled, "FENCES" to read as follows: CHAPTER 9 FENCES SECTION 10-9-1: Definition 10-9-2: Permit Provisions 10-9-3: Fence Requirements, Specifications 10-9-4: Barbed Wire Fences 10-9-5: Penalty 10-9-1: DEFINITION: For purposes of this chapter, "fence" and "fence, solid" shall be as defined in Section 12-7-1 of this Code. (1969 Code 154.001.; Ord 08-10, 02-25-08) 10-9-2: PERMIT PROVISIONS: A. Permit Required: It is hereby required a permit be obtained in advance for the construction, alteration, or replacement of any fence. (Ord 93-44, 12-26-1993) B. Plot Plan. Required with Application: A plot plan of the property showing buildings and the extent of the fence shall be submitted when applying for a fence permit. (1969 Code 154.025; amd. Ord 43-44,12-26-1993) C. Fees for Fence Construction: Fence permit fees shall be hr accordance with Chapter 1, Article A of this Title. (Ord 93-44, 10-26-1993; 08-10, 2-25-08) 10-9-3: FENCE REQUIREMENTS, SPECIFICATIONS: A. Location and Height of Fences: All fences shall conform to fencing requirements in Section 12-3-5 of this Code. (Ord 93-44, 10-26-1993; Ord 08-10, 2-25-08} B. Rough Part of Fence to Face Owner's Property: Fences must be erected so the posts, and all. other supporting members face to the owner's side. The rough part of a fence shall face the owner's property. (1969 Code 154.015) 10-9-4: BARBED WIRE FENCES: A. Fences Under Seven Feet (7'): Wire barbs shall not be permitted anywhere on the fence. (1969 Code 154.020; Ord 08-10, 2-25-08) B. Fences Seven Feet (7') and Taller: Installation of wire barbs or other similar devices shall require permission of the Building Commissioner. Wire barb strands or other devices shall face toward the owner's side. (1969 Code 154.020; Ord 08-] 0, 2-25-08) 10-9-5: PENALTY: Any person violating any of the provisions of this chapter shall be fined not less than seventy-five dollars ($75.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and every day such violation is permitted to continue shall constitute a distinct and separate offense. (Ord 93-44, 10-26-1993; Ord 08-10, 2-25-08) SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10`~ day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaclunann Trustee Thill APPROVED by me this 10`x' day of March 2008 . Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 11`x' day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Le~isIative Summary I Ordinance OS-11 ~ AMENDING T1TLE 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 Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: February 25, 2008 To amend Title ] 0, Chapter 1, Ari~icle A of the Village Municipal Code entitled "Permit and Plan Review Fees" The purpose of this ordinance is to update the various fees associated with building permits. Various building permit fees were last updated in 1999. The proposed fees are in line with surrounding communities. The largest increase is proposed for demolition of buildings. Public Works water tap fees are also being moved to this section. Uepartnent of Building and Inspectional Services Increased revenue from building perntits to help offset the cost of operating the department. Not applicable. None Approval as presented. Required-Code Amendment None Administrafor Approval 4k1~#~(''.%rfi l~ ~~tu~ sep/F. W °de Village,Admin_is~tra~'tor' __' Prepared by: aa~r~'~" ,f'' ~s/.~G~ Ed Hildebrand, Building Commissioner Reviewed by Teresa ORDINANCE 08-11 AMENDING TITLE 10, CHAPTER i, ARTICLE A ENTITLED "BUILDING PERMIT AND PLAN REVIEW FEES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisioiLS of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its goverrunent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing and as necessary, updating existing Municipal Ordinances; and WHEREAS, the requirements of Title 10, Chapter 1, Article A entitled, "PERMIT AND PLAN REVIEW FEES" were last reviewed in September 1999 and are in need of updating; and WHEREAS, the Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTIOIvi 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, Article A of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the Article in its entirety and replacing it with a new Title 10, Chapter I, Article A entitled, "PERMIT AND PLAN REVIEW FEES" to read as follows: CHAPTER 1 BUILDING CODE ARTICLE A. PERMIT AND PLAN REVIEW FEES SECTION: 10-1A-1: Building Permit Fees 10-1A-2: Electrical Permit Fees 10-1A-3: Plumbing Permit Fees 10-IA-4: Elevator Permit Fees 10-IA-5: Right-of--Way Deposits 10-1 A-6: Permits Not Issued 10-1A-1: BUILDING PERiY1IT FEDS: A. Building permit fees shall be calculated using the following schedule. General construction: Residential $ 8.00 per $1,000 of valuation Commercial and industrial $ 9.00 per $1,000 of valuation Minimum fee $ 30.00 Residential detached garages: Less than 300 square feet $ 50.00 301 to 450 square feet $100.00 Over 450 square feet $200.00 Driveways and parking lots: Residential driveway (new/replacement) $ 50.00 Residential apron (parkway) (new/replacement) $ 50.00 Commercial and industrial parking lot $ 0.10 per square foot plus or driveway (new/replacement) engineering fees Minimum fee: $ 50.00 Miscellaneous Fences (new/replacement) $ 30.00 Yard sheds $ 30.00 Deck (3 steps or more above grade) $ 50.00 Fireplace $ 50.00 Swimming pools (excluding plumbing and electric) Aboveground $ 50.00 In-ground $200.00 Certificate of Occupancy: Single-family $ 25.00 Multi-family (per uiut) $ 10.00 Commercial and industrial $ 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 $ 500.00 Commercial and industrial First 15,000 square feet $1 ,500.00 Each additional 15,000 sq ft $ 750.00 Mechanical Equipment: Residential furnace & air conditioner $ 50.00 Furnace only or air conditioner only $ 35.00 Other mechanical appliance Under 200,000 BTU $ 50.00 200,000 BTCT and Larger $ 75.00 Fees for extraordinary building inspections (the initial i nspection and one reinspection are included in the base fee), or other inspections for which a permit fee ha s not been assessed shall be at the rate ____.'. of fifty dollars ($50.00) per hour. B. All fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspection services shall be paid by _ __ the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 85-1, 1-25- 1985; Ord 08-11, 2-25-08) 10-1A-2: ELECTRICAL PERMIT FEES: A. Electrical permit fees shall be calculated using the following schedule: Electric Services: 0 - 200 amperes 201. - 400 amperes 401 - 600 amperes 601 - 1,000 amperes Over 1,000 amperes Branch Circuits 0 - 20 amperes Motors 21- 50 amperes Over 50 amperes First motor (or current consuming device) Each additional motor or device Miscellaneous Outlets on existing circuits L,ow voltage systems (fire alarm, Communications, security) Minimum electrical fee 60.00 $ 75.00 $100.00 $200.00 Based on rating of service disconnects, using the above schedule 10.00 per circuit for first 50 circuits 5.00 per circuit for each additional over 50 $ 20.00 per circuit $ 40.00 per circuit 20.00 7.00 2.00 per outlet 40.00 $ 60.00 Fees for extraordinary electrical inspections (the initial inspection and one reinspection are included in the base fee), or other inspections for which a pernlit fee has not been assessed shall be at the rate of fifty dollars ($50.00) per hour. B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspections shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 85-1, 1-25-1985; Ord 08-11, 2-25-08) 10-1 A-3: PLUMBING PERMIT FEES: A. Plumbing permit fees shall be calculated using the following schedule. Fixtures $ 8.00 each ____ Lawn sprinklers $ 50.00 Backwater valve/Overhead sewer $100.00 Minimum fee $ 50.00 Water main taps 1 inch connection $100.00 I '/a inch connection $125.00 I %i inch connection $150.00 2 inch connection $200.00 4 inch connection $400.00 6 inch connection $600.00 8 inch or larger connection $800.00 Sewer taps Storm sewer $ 100.00 Sanitary sewer $100.00 Fees for extraordinary plumbing inspections (the initial inspection and one reinspeetion are included in the base fee}, or other inspections for which a permit fee has not been assessed shall be at the rate of fifty dollars ($50.00} per hour. (Ord 85-1, 1-2~-1985; Ord 08-11, 2-25-08) B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building permit. C. Fees for consulting engineering inspections and other third party inspections shall be paid by the applicant or permit holder prior to issuance of the certificate of occupancy. (Ord 08-11, 2-25-08) 10-1A-4: ELEVATOR PERMIT EEES: A. Elevator, escalator, dumbwaiter, and platform lift fees shall be calculated using the following schedule. New Installations Semiannual inspection fees $100.00 $ 50.00 B. Fees for consulting engineering services and third party plan reviews shall be paid by the applicant or permit holder prior to issuance of the building pernit. C. Fees for consulting engineering inspections and other third party inspections. shall be paid by the applicant or permit holder prior to issuance of the certif cate of occupancy. (Ord 03-17, 10-13-2003; 08-11, 2-25-08) 10-IA-5: RIGHT-OF-WAY DEPOSITS: A. At the time a building permit is issued, funds shall be deposited with the Village to repair street, sidewalk, or other right-of--way damage during construction which is not repaired by the contractor to Village standards. The amount deposited shall be detelznined in accordance with Section 7-9-10 of this Code. B. At time of issuance of the certificate of occupancy, or within thirty (30) days of completion of work where a certificate of occupancy is not required, the contractor shall present the deposit receipt to the Building Department for a refund of unused funds placed on deposit. Deposited funds will not be refunded until the restoration of street, sidewalk, or right-of--way is approved by the Director of Pubiie Works or Village Engineer in accordance with Section 7-9 of this Code. (Ord 85-1, 1-25-1985; Ord 08-11, 2-25-08) 10-1A-6: PERMITS NOT ISSUED: When plans and specifcations are reviewed in conjunction with a building permit application and such permit is not issued, a plan review fee equal to fifty percent (50%) of the normal permit fee shall be charged to the applicant. (Ord 9938, 9-13-1999) SECTION 3: Title 7, Chapter 4, Section 2, Paragraph B of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: B. Connection Charges: Section 10-1A-3 of this code contains the charges for connection to water mains or ]aterals of the Village water system. The Village President and Board of Trustees may in their discretion permit connections to the Village water system to service property outside the Village limits and the connection charge shall be as provided in Section 10-1A-3 of this Code. The water rates to be paid by users located outside the Village limits shall be such rates as are in force in the Village, provided however, that no discount shall be allowed. (1969 Code 50.040; Ord 08-11, 2- 25-08) SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10°i day of March 2008. Trustee Brumter Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thil1 APPROVED by me this 10`~ day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 11`x' day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Le~islalive Summary Resolution 08-12 AUTHORIZATION TO EXECUTE CONTRACTS WITH LYONS & DINNER ELECTRIC COMPANIES AND COMMONWEALTH EDISON FOR ELECTRICAL IMPROVEMENTS AT THE NORTH PUMPING STATION Introduced: 'March 10, 2008 Synopsis: To authorize the Village President to execute contracts with Lyons & Pinner Electric Companies and Commonwealth Edison for electrical improvements at the North Pumping Station. Purpose: To hire a contactor to install an emergency electrical back-up generation system for the North Pwnping SCaeion Electrical improvements and make the necessary improvements to the electrical service from Commonwealth Edison. Background: Presently, the North Pumping Station has four high service pumps of varied capacity which deliver water from two ground storage reservoirs into the Village's distribution system. Emergency power backup pmnping for this critical Village infrastructure requires pumping station staff to go onsite and manually start the engine-generators and then manually transfer die power to the loads. In order to improve safety and reliability of this system, a new generator with automatic transfer capabilities is needed. As part of die project, upgrades to the Village's electrical service from Commonwealth Edison are also required. Commonwealth Edison requires a contract and payment in order to perform the necessary upgrades to the electrical service. The contract with Lyons & Pinner Electric for the installation of the generator and automatic u~ansfer switch was bid through a public process in accordance with the Village code where the contract was advertised and sealed bids were received. Programs, Departments Programs-Capital Improvement Program or Groups Affected Departments -Public Works Department Groups -All residents that rely on the Village's water distribution system for potable water and fire protection. Fiscal Impact: The contract with Lyons & Pinner Electric is a lump sum contract in the amount of $237,998.00. The contract with Commonwealth Edison is in the lump sum amount of $12,274.58. Source of Funds: The Village's source of the funds for this project is the Enterprise Fund. Workload Impact: The Public Works Depardnent will perform the management and implementation of this program as part of their normal work activities. The Village has a contract with Baxter & Woodman to provide technical expertise and construction representative services for this project. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements Respectfully submitted: C~, tiZ~L[G~ Joseph ~. Wa e, Village Administrator Prepared by: ~`~ -~~ l ~ Reviewed by R n . Gillingham, Villa e Engineer Teresa ~"-"__ Corporation Counsel Resolution 08-12 AUTHORIZATION TO EXECUTE A PROFESSIOINAL SERVICES AGREEMENT WITH BAXTER & WOODMAN FOR CONSTRUCITON ADMINISTRATION SERVICES FOR THE ELECTRICAL IMPROVEMENTS AT THE NORTH PIMPING STATION WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois. is a home rule unit of government under the provisions of Artielc 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 distributes potable water to residents and businesses through a network of pumping stations, water mains and other related infrastructure; and WHEREAS, the reliable supply of water to residents and businesses is a critical service provided by the Village; and WHEREAS, the North Pumping Station has four high service pumps of varied capacity which deliver water from two ground storage reservoirs into the Village's dish•ibution system; and WHEREAS, the Village desires to improve the emergency electrical back-up generation systems at the Village's NorthPumpuig Station to improve safety and reliability; and WHEREAS, the plans and specifications were completed and this project was advertised in the January 31, 2008, issue of the Pioneer Press Newspaper inviting bids on the "Electrical Improvements at the North Pumping Station"; azld WHEREAS, eleven companies obtained plans and specifications for the project; and WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Friday, February 22, 2008, with the bid results as follows: Contractor Lyons & Pinner Electric Companies $237, 998.00 Argon Electric Co., Inc. $248,400.00 Ridgewood Eng., Inc. $273,000.00 Erlands Electrical Contractors, Inc. $293,325.00 Amp Electric, Inc. $349,000.00 and Total WHEREAS, Lyons & Pinner Electric Companies is the lowest, responsible, and responsive bidder; and WHEREAS, Lyons & Pinner Electric has performed work for the Village of Morton Grove in a satisfactory manner; and WHEREAS, the qualifications and availability of the low bidder have been veri5ed; and WHEREAS, the electrical service from Commonwealth Edison into the North Pumping Station needs to be upgraded in order to facilitate the installation ofthe generator and automatic transfer switch; and WHEREAS, Commonwealth Edison requires a contract with the Village and payment in the lump sum amount of $12,274.58 in order to perform the necessary upgrades to the electrical service; and WHEREAS, funding for the above work is included in the Enterprise Fund in the Village of Morton Grove 2008 Budget in Account No. 40-50-33-57-2020. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SEC"PION 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 President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with Lyons & Pinner Electric Companies, 650 East Elm Avenue, LaGrange, IL 60525, based upon their bid for the "Electrical Improvements at the North Pumping Station" in the amount of $237,998.00. SECTION 3: The Village President ofthe Village of Morton Grove is hereby authorized to execute a contract with Commonwealth Edison in the amount of $12,274.58 for improvements to the electrical service facilities supplying power to the North Pumping Station. SECTION 4: The Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of This contract with Lyons & Pittner Elecri~ie Companies and Commonwealth Edison. SECTION 5: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 10`x' day of March 2008. Trustee Brunner Trustee DiMaria 'T'rustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann APPROVED by me this 10°i day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This ll'~' day of March 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois VHAdmin/Legis/Res/?008 Lyons Pinner Electric Resolution 08-13 AUTHORIZATION TO EXECUTE SEPARATE CONTRACTS WITH ARROW ROAD CONSTRUCTION COMPANY, PETER BAKER & SON COMPANY, AND MEYER MATERIAL COMPANY FOR THE 2008 MATERIAL PURCHASING PROGRAM Introduced: March ]0, 2008 Synopsis: To authorize. the Village President to execute a contract with Arrow Road Construction Co., Peter Baker & Son Co., and Meyer Material Co. for the 2008 Material Purchasing Program. Purpose: The 2008 Material Purchasing Program is necessary for the maintenance of Village Streets, and includes the purchase of hot-mix asphalt, bituminous patching mixture, and portland cement concrete. Background: Each year the Village contracts with material supply contractors for the purchase of materials for projects within Morton Grove. A competitive bid process in accordance with the Village's purchasing guidelines was implemented for this program. Programs, Departments Public Works Department or Groups Affected Fiscal Impact: The estimated contract values are as follows: 1. Arrow Rd Construction Co. -Hot-mix Asphalt Surface Course - $16,920.00 2. Peter Baker & Son Co. -Bituminous Patching Mixture - $9,920.00 3. Meyer Material Co. - Fun~ishing Class SI Concrete - $48,000.00 Since all of the above contracts are unit price contracts, the final contract amounts will be based on the actual quantity of materials delivered. Source of Funds: Motor Fuel Tax Workload Impact: The Public Works Department as part of their normal work activities performs the management and implementation of the program. Administrator Approval as presented. Recommendation: First Reading: March 10, 2008 Special Considerations or None. Requirements: ~7 ~ ,~_ „r Respectfully submitted: C`~ th~ L~'fla~% JoseplY~. W de, Village Administrator Prepared b~ c-- , i .~ n Reviewed by: Ran Gi i:~g am, ~lage Engineer ~~ _.__ Teresa Hoff a ,iston, Corporation Counsel Resolution 08-13 AUTHORIZATION TO EXECUTE SEPARATE CONTRACTS WITH ARROW ROAD CONSTRUCTION CO., PETER BAKER & SON CO., AND MEYER MATERIAL CO. FOR THE 2008 MATERIAL PURCHASING PROGRAM WHEREAS, the V illage of Morton Grove (Village), located in Cook Comity, Illinois, is a home rule unit of govermnent under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and cats exercise any power and perform any function pertaining to ifs government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the 2008 Material Purchasing Program is necessary for the maintenance of V illage streets, and includes the purchase of 376 tons of hot-mix asphalt, 124 tons of bituminous patching mixture, and 500 cubic yards of Class SI concrete; and WHEREAS, the Public Works Department advertised in the January 24 and January 31, 2008, issues of the Illinois Department of Transportation Bureau of Local Roads Contractor Bulletin inviting bids for hot-mix asphalt, bituminous patching mixture, and Class SI concrete pursuant to the "2008 Material Purchasing Program"; and WI-IEREAS, the Public Works Department advertised in the January 24, 2008, issue of the Pioneer Press newspaper inviting bids for the Village of Morton Grove "2008 Material Purchasing Program"; and WHEREAS, six general contractors were notified of the availability of bidding materials and six general contractors obtained the bidding materials; and WHEREAS, four bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Friday, February 15, 2008, with the tabulated bid results as follows: Bid for Hot-Mix Asphalt Material Total Arrow Road Construction Co. $20,642.40 Peter Baker & Son Co. $23,500.00 Plote Construction Inc. $21,281.60 Bid for Asphalt Patching Material Tota! Arrow Road Construction Co. $13,007.60 Peter Baker & Son Co. $12,276.00 Bid for Class SZ Concrete Total Meyer Material Company $48,000.00 (See attached "Tabulation of Bids" for additional details.) and WHEREAS, separate contracts will be issued for the lowest qualified bidder for each material item listed above to: Arrow Road Construction Company for hot-mix asphalt, Peter Baker & Son Company for bituminous patching material, and Meyer Material Company for Class SI concrete; and WHEREAS, Motor Fuel Tax funds will be used for the purchase of these materials; and WHEREAS, funding for the above work is included in the adopted Village of Morton Groves 2008 Budget as Account Numbers 03-50-60-56-3110 for the hot-mix asphalt and bituminous material items and 03- 50-60-55-2330 for the concrete material; and WHEREAS, the lowest qualified bidders have performed work for the Village of Morton Grove in a satisfactory manner; and WHEREAS, the qualifcations and availability of the lowest qualified bidders have been verified. 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 Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest to contracts with the Arrow Road Construction Company, 3401 S. Busse Rd., P.O. Box 334, Mount Prospect, IL 60056 for hot-mix asphalt, the Peter Baker & Son Company, 1349 Rockland Rd, Lake Bluff, IL 60044 for asphalt patching material, and the Meyer lvlaterial Comparry,181.9 N. Dot St, P.O. Box 511., McHenry, IL 60051 for Class SI concrete based upon their bids for the "2008 Material Purchasing Program." SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 10'" day of March 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 10`" day of March 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This I I~' day of March 2008. Carol A. Fritzshail, Village Clerk Village of Morton Grove Cook County, Illinois Illinois De t of Tram? 'an Acceptance of Proposal to Furnish Materials and Approval of Award Route Various County Cook Local Agency Village of Morton Grove Section OS-00000-00-GM To Arrow Road Construction Company Address 3401 S. Busse Rd, P.O. Box 334, Mount Prospect, IL 60056 In accordance with your ®proposal ^ quotation submitted on 2/15/2008 a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the construction ®maintenance of the above designated work: Shipping Instructions Hot-mix Asphalt Surface Course, Mix "D", N50 will be ordered by Public Works and loaded in the Village trucks at the plant. Materials shall be inspected in accordance with current Departmental policies Date Issued Approved Municipal Clerk Regional Engineer Highway Commissioner 5 copies to Regional Engineer Approved Original to Successful Bidder County Engineer /County Superintendent of Highways Page 7 of i BLR '12330 (Rev. 7/05) Printed on 2/2112008 7:50:24 AM Terms From the date the contract is executed until January 31, 2009. Illinois t of Transportation Acceptance of Proposal to Furnish Materials and Approval of Award Route Various County Cook Local Agency Village of Morton Grove Section 08-00000-00-GM To Peter Baker & Son Company Address 1349 Rockland Rd, Lake Bluff, IL 60044 In accordance with your ®proposal ^ quotation submitted on 2/15/2008 , a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the ^ construction ®maintenance of the above designated work: Shipping Instructions Bituminous Patching Mixture, Group II will be ordered by Public Works and loaded in Village trucks at the plant. Materials shall be inspected in accordance with current Departmental policies Date Issued Approved Municipal Clerk Regional Engineer Highway Commissioner 5 copies to Regional Engineer Approved Original to Successful Bidder County Engineer /County Superintentlent of Highways Page 1 of i BLR 12330 (Rev. 7/05) Printed on 2/21/2008 7:50:14 AM Terms From the date the contract is executed until January 31, 2009 Illinois Depart , t Of TranS~Ortatlon Acceptance of Proposal to Furnish Materials and Approval of Award Route Various County Cook Local Agency Village of Marton Grove Section OB-00000-00-GM To Meyer Material Company Address 1819 N. Dot Street, P.O. Box 511, McHenry, IL 60051 In accordance with your ®proposal ^ quotation submitted on 2/15/2008 a copy of which is in our files, you have been awarded the contract for furnishing the following materials required in the construction ®maintenance of the above designated work: Shipping Instructions Furnishing Class SI Concrete will be ordered by Public Works and delivered to the lob site within Morton Grove. Materials shall be inspected in accordance with current Departmental policies Date Issued Approved Regional Engineer Municipal Clerk 5 copies to Regional Engineer Approved Original to Successful Bidder Page i of t Printed on 2/27/2008 7:50:34 AM Commissioner County Engineer /County Superintendent of Highways BLR 12330 (Rev. 7/OS) Terms From the date the contract is executed until January 31, 2009 ~_ m O G Q IQ ++ C o ~ ~ ~ N 01 N ~ o ~ w ~ F- ~ O yj ~ ~ _N N ~ ~ C W °~ N m U O] C ~ O O O O ~ mo E~ O c° ~~~ v m 00o a ~ _ . a m ~a F» S S o N T O ~ ro Q ~ o { ~ (A ~ ~ tf{ m N M ~ ~ N J ~° __ t o °] V Y 0 m C~ V ~ r O n' M J l D d m p O O O O V N r v N a O N ~ ~ ~ ~ ¢ J d a ~ U N m ~ N E o .., m °0 0 ° v m :o Q o ~ ~d 6 c°o~m m N °~ m 0 N ~ pmj ` > y m m a oa °~_ E es ~ n v am ~ m Q W W N N E ~, y c :~ ui z ~a ~ O O O ~ 9 T O CO O N N A M O ~ N t ~ O U r g 'm a a ~ = Z J J J m ~ O ' _ ~ ~ 2 ~ p~ O M a ° _ ~m g~ ~ > ~ o „ ~~' n 4 ¢ O C1 O ro m m LL a a a m 0 CI c a t° ~ j 'Qi U m N In N N A ~ j ~ _ +- N G d C N C d ~ t N ~ ~ ~ y d 4 Z 'p _ O _ O 6 4 g ° c E ~ c = c S Q o ~ ~ ~ O _~ w m a °~ C O N Z O ~.c V ~ ? 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N ~C .C ~ N ~v° oo a ~d ~ m Q M ~ m W N m S W N m ~ 9 N ` y~ N n N p O C m 'R `oa 'o > d ~ ~ E $' ~ ~ sy c m N R d m 6 C W Q W .. d O n E c.~ m Z ~a ~ d y~ o m o 'c N m m d m ~ d O o U S 5 g 6 C 9 ~_ O J ~ J ~ I~ m S a ' r N p O y~ a ° gm o~ l ~ > ~o ~ ~ o ~ m d R R ti a a d 'o _ o V, f o ~i m g m E o F m ~c m ~c > m ~ m m ~ m ~ c o y ~ T _ O _ O o ~ O9 c c o O C ~ ~ > sO ~ ¢ S O O = ID _ O t ~ m d n ~ - n E z o ._ a c ~ ~~ o (J `2 N W 6 h -' O ~ N M 0 w s N_ 6 J R a r _a `oo dd a a N 9 m O .R a m f"' Q ®~mm '~ i C m ` ~ o ~U C ._ tea` m 0 t- ~. d C U ~ d S O O O p 8 O N o] ~ O N H N ~ U a m N m d O '~ g ~ Z 2 ~ ~ o ~ m 2 o ~ .. w ~ a 4 m ~ ~ ~~ o] N O 0 ~ d (~ ~ p 9 9 ~ O O O ' E ° e. o a o c ~ p am N '~ m m o- c ¢ w w _ d g E ~ c m Z ~a » 0 N T p 8 ° 3 ci c o a ~ 9 9 Q ~ ~ } m E 7 r v o -s U g m ~ 8 w a = ~ o m 9 e°g i m m f a s O ~ o 0 d ~ 0 v U N (/J E m S _' E U c~ H d 9 ~ E L gggg o ° g § A E g ~ $ ~ o n a ~ ~ ~ LL r y N O j Z, n ~ ;~ G ~+ Z O c.~ E c ~ EC7 0 03 m N Q 0 s a n 0 S ~~ O O ea Legislative Summary Resolution OS-14 ~~ AUTHORIZATION TO EXECUTE A CONTRACT WITH ST. AUBIN NURSERY & LANDSCAPING, INC. FOR THE 2008 TREE PLANTING PROGRAM Introduced: iVlarch 10, 2008 Synopsis: To authorize the Village President to execute a contract with St. Aubin Nursery & Landscaping, Inc. for the 2008 Tree Planting Program. Purpose: The 2008 Tree Planting Program is necessary to purchase and install trees within the Village. Background: Each year the Village contracts with a tree planting contractor to assist in the installation and/or replacement of trees within the Village. This contract was bid through a public process in accordance with the Village code where the contract was advertised and sealed bids were received. Programs, Departments Public Works or Groups Affected FiscalImpact: The estimated eonhact value is $20,191.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: General Fund -Account No. 025017-552240 Workload Impact: The Public Works Department as parC of their normal work activities performs the management and implementation of the program. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: ~0: ~~~~ ,Tos~. Wide, Village Administrator '~, [ Prepared by: r ~ ~` ""U~ 01 ~'~ ~ ~ Reviewed by: R an Ghing am, ~/ihage Engineer Teresa Hoffman Liston, Corporation Counsel „J RESOLUTION 08-1.4 AUTHORIZATION TO EXECUTE A CONTRACT WITH ST. AUBLN NURSERY 8i LANllSCAPING, INC. FOR THE 2008 TREE PLANTING PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of govennnent 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 2008 Tree Planting Program is necessary to purchase and install trees in the Village; and WHEREAS, the Public Works Department advertised in the January 31, 2008, issue of the Pioneer Press Newspaper inviting bids on the "2008 Tree Planting Program"; and WHEREAS, twenty-four contractors were notified of the availability of bidding materials; and WHEREAS, twelve contractors obtained the bidding materials; and WHEREAS, ten bids were received, publicly opened a~td read at the Public Works Facility at 10:00 a.m. on Friday, February 22, 2008, with the bid results as follows: CONTRACTOR BID TOTAL St. Aubin Nursery & Landscaping, Inc. $20,191.00 Arthur Weiler, hrc. $20,909.00 Alaniz Landscapn~g Group, Inc. $21.338.00 County Line Nurseries & Landscaping $25,880.00 Casey Landscaping $31,515.00 Woodland Landscape $32,620.00 The Fisher Burton Company $34,854.00 BSL Group $43,905.00 KGI Landscaping Co. $44,765.00 Landscape Concepts Management $57,538.00 (See attached "Tabulation of Bids" for additional details.) and WHEREAS, funding for the above work is included in the Village of Morton Grove 2008 Budget as Account Number 02-50-17-55-2240; and WHEREAS, St. Aubin Nursery & Landscaping, Inc. has performed work for the Village ofMorton Grove in a satisfactory manner; azzd WHEREAS, the qualifications and availability of the low bidder have been verified. 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 Yherein thereby making the findings as hereinabove set forth. SECTION 2: The Village President of the Vil]age of Morton Grove is hereby authorized to execute and the Village Clerk to attest the contract with the Contractor, St. Aubin Nursery & Landscaping, Inc., 11100 IL Route 176, Woodstock, IL 60098, based upon their bid for the "2008 Tree Planting Program" in the amount of $20,191.00. SECTION 3: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 10`~ day of March 2008. Trustee Brunner Trustee Kogstad Trustee Mardis Trustee Minx Trustee Staackmami Trustee Thil1 APPROVED by me this 10"' day of March 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 11`h day of March 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois N ~_ m C 0 .~ 7 F Md ~0 ~O 0 O ~ 0 O 0 O 0 0 0 0 0 O 0 O 0 O 0 O D 0 O -O N O O O O O O O O O O N ~N O O O O O O u'A 0 in 0 9 ~ W VI O ¢I N N -< O O N D CC ° V 41 W fA N Ul W 43 M &3 cJ W ih a 43 t0 fA W di [~1 e ~ ~ ~ m C J n N m o a o 0 0 0 0 0 0 0 o S m m c ° y D o 0 0 o a o a o J e L ~ U ` ~ '~ ~ s N d $ 0 6 ° g ui o ° 0 ° 0 ° ` + o ~ a ~ ~ in m v e e v e a m ° ' ain ~ o m ° ° ° ° ° S ° ° ° ° S o o o o o o o o o N ° ~ p S O ° O h t°O O . 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