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HomeMy WebLinkAbout2008-04-14 AgendaCall Yo Ordep 2. Pledge of Allegiance 3. Roll Call 4. Appe-oval of ldiinutes - Regular Meetin;;, Maa~d1 24, 2008 5. Pablic Hearings 6. Special Reports a. Employee Anniversary Awards to be Presented by Mayor Krier and Administrator Wade Patrick Byre -Fire Department, I S years of service Daniel Gallagher, Fire Department, 10 years of service Michael Littau, Fire Department, 1 f1 years of service h. Plan Commission Case PC07-09 P~ec}nesting a Text Amendment to the Unified Development Code to Ina•ease the Allowable Density for Multi-Family Units for PCIDs Only will be Presented by Plan Commission Chairperson I'ro Tem John Ciattorna c. Plan Commission Case PC07-12 Requesting a Special use Permit for aDrive='I'hni Facility and Parking Variance for the Property Commonly Known as 6309 Dempster Street will be Presented by Plan Commis>ion Chairperson Pro Tem John Ciattorna 7. Resident's Comr~nerets (agersda itereys oc~ly) 8. President's Report -Administration, Northn~est lt?ur~icipa[ Conference, Council of Mayors, TIF Committee, Capital C'r-gjects, Real Estate Corramiftee a. Appointments -Reappointments are requested as follows: Appearance Commission Maria "I oth Cable and Telecommunications Commission Karim Chatriwala Board of Environmental Health Sanford Gail and Abdul Sattar Natural Resources Commission David Conrad h. Proclamation -National Fair Housing Month -April 2008 9. Clerk's Report - Condorrziniur~z Association, Adhisor~y Cornm~issiorz on Aging ]0. Staffl2ea~afrts a. Vp9ta~e Ad~iacistrttor Cori©rati©u C®uuse! I I. Reports by Trustees a. Trustee 6ruui'aer -Legal, Family and Senior Services Depar°tment, Cable and Telecommunications Gnnmission, Environmental Healtl2 Waukegan toad TIF Review, Solid 6I'aste Agency ~f Northern Cook Coanety (Trus[ee Kogstad) "Prustee i{~rmstad -Community Relalioras Commission, Comprehensive Plcns, Advisory Conan~iissi~on on Agint> ('Trustee Nlis~x) a Trustee l~lareus -~ Police Departrent, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Trill) d. 't'rustee IVlinx -Finance Department, 12ea1 Estate Committee, Plan Commission, Ferris/hehigh TIF' Review, F%ire Department, RED Center, NIPSTil, Capital Pr^ojects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann) 1) ®rdlnaz~ce OE-fik~ (Inlrrodzececf March 2=1, 2008) Adopting Updates to Ambulance Service Pees 'L) Ordi~taarce 0&-t3 (h7lrndured April 14, 2008) Amending the Vi]Iage of Morton Grove Unified Development Code Section 12-5-7E acid 12-6-3E to Increase the Ailowablc Density for Multi-Family Residential Units in Planned unit Developments in the CR Coir:mercial Residential District 3) d)rdau~auce 691I-t~6 (Introduced April 14, 200$) Granting a Special Use Pei~na[t to .Allow aDrive-Thru Facility at the Property Located at 6309 C7er~ipstcr Street -1) I2esalutio¢~ (3~-24 (Introduced April. l4, 2008) Authorizing th¢: Village to Acquire Property Commarly Known as 6400 Chestnut Street 5) f2esolutiou Q8-25 (In[r°oducedAhril l-l, 2008) Authorizing a Lease Termination Agreement with GPG ~ Associates, LLP and Gerard P. Gaugloff fc~r that Property Conunouly Known as 6400 Chestnut Street, Suite 2 6) Resolaitiuu ®8-2$ (Intr°oduced.4pril 1-8, 20(18) Authorizing Extending Membership in the Intergovernmental Personnel Benefit Cooperative e. 't`rustee Stxac~.a~aun --~ I3uu'din, Dcpa~°tment, .4pi7earance Conzn~iis.rion, ESDA, IT/Communications, Dempster Street Corridor Plarz (Tr~,rstee Brunner) ~'rustee T tad21-- Puhlic Works, Capital Prajects, Trufftc Safely Commission, Natural Resource Commission, Solid Waste Agency of h'arlher~n Cook County (Trustee Marcus) l) 9Zeso(iatsuu d$-2G (IntrodtacedApril 14, 2008) Authorization to Execute an Agreement with the lllinois Department of Transportation for the Austin Avenue Loca] urea Pavement Preservation Project 2) I2nsa~laatinas Ott-27 (Irlr^oduced A~~ril 74, 2008) Authorizing alp Agreement between the Village and Integris for Competitively Priced Eitectricity 12. Other I~arsaness 13. Presentatlork ofl` `0>Vara-aaats - $705,749.43 14. dZesiderat'S Cures¢auc¢its 15. Executive Sessfi~n -Personnel, Labcr Negotiations, and Real Estate 16. Adjourrxma nt - To ensure full accussibilsty and egz~al participation frn~ all interested citizens, individuals with disabilities who plan m attend and who require certain accowamodatioras in order to obsen~e andlor participate in this meeting, or who have questions regarding the a cessihili(p o~'these jacrlilies, are requested to contact Susan a' A4arlene (847/-~70-5220) promptly !o attoim the Village to rrrake reasonable accommodations. GALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of l-~,4legiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Shel Marcus, Rita Minx, Dan Staacl<mann, and John Thill. Mayor Krier announced that he had just been given a copy of an email sent to Corporation Counsel Liston and Clerk Fritzshall from Trustee Roy Kogstad. Trustee Kogstad's email explained that he could not be physically present due to a family illness, but he wanted to cas4 his vote on a particular matter before the Board tonight via email. Mayor Krier asked Ms. Liston if that was legal. She responded that the Open Meetings Act does allow participa- tion from a Board member via telephone, and, in fact, Trustee Marcus had recently joined a Special Beard fvleeting telephonically. Ms. Liston said she had spoken with Trustee Kogstad and he had said he would call her cell phone if he could attend telephonically. His email cited a relevant section of the Open Meetings Act that would seem to permit email, instant message, or telephone participation. Ms. Liston pointed out the Act does not intend for discussions of business to occur over email or instant message, because then the public is not privy to those discussions. She said that Section ? of the Rct discusses attendance, and says that, if a quorum is physically present, tYrey may, by majority vote, allow a member to attend via "other means' (specificalhy, video or audio canferenre) if the member is absent due to personal illness, business, or a family emer- gency. As fsr as sending a particular vote in via email, Ms. Liston said she had researched the Attorney Generals website and coaEd find no cases or opinions that would support-or not support-allowing a vote to be emailed. She said the Board needed to vote on two things: (1) whether or nct to allow Trustee Kogstad to attend via telephone, and (2} whether or not to allow him to cast his vote electronically. Mayor Krier said he would be in favor of allowing Trustee Kogstad to attend telephonically, and asked if anyone had any objections. No one did. As far as emailing his vole, Mayor Krier said he felt that would set a bad precedent. Trustee Brunner said it concerned her because there would then be ne partiripation in a discussion. Trustee Thll asked if a trustee could give his vote to a fellow trustee, as a "proxy". Ms. Liston said the Board could develop rules that would allow it, but currently.. there is. no case law that supports it. Mayor Krier felt to do so wot~Id be a violation of the spirit of the law, and that it would be doing a disservice to the public. He called for a motion supporting Trustee Kogstad's emailed vote. There was no motion or second, and thus no further discussion on the matter. .,: III. APPROVAL OF MINUTES Regarding the Minutes of the March 10, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Marcus, to approve the March 10, 2008 Regular Meeting Minutes as presented. Motion passed unanimously via voice vote. IV. PUELIC HEARINGS NONE V. SPECIAL REPORTS NONE VI. RESIDENTS' COMMENTS Agenda Items Only) Eric Poders. Mr. Poders commented on Resolution 08-18, which would authorize a lease agreement between the Village and Denali Spectrum Operations for an antenna on the north water tower. He said it was good to see arevenue-generator like this. He guessed that there are numerous co-located fixtures on the north tower, but asked about the south tower, and wondered if the Village could tax the ComEd i,ower or the John Crane tower. Mayor Krier said he'd have Administrator V~rade answer Mr. Poders' questions when the resolution was presented Inter in the meeting. VII. PRESIDENT'S REPORT a. Proclamation Mayor Krier prociairned the month of April 2008 as "Sexual Assault Awareness Month" in the Village, and urged all citizens to commit to taking action against rape and sexual assault. He said that, with leadership, dedication, and encouragement, and through increased awareness, there is compelling evidence that there can be a successful reduction in crime. b. Appointments Mayor Krier sought the Board's concurrence in appointing William Zimmer to the Appearance Commission for athree-year term. This had been tabled at the March 10`" meeting. Trustee Minx moved to concur with the Mayor's appointment, seconded by Trustee Brunner. Motion passed: 4 ayes, 1 nay, 1 absent. Tr. Brunner ~ Tr. Kogstad akasent Tr. Marcus ave Tr. Minx ~ Tr. Staackmsnn rra~ Tr. Thill ave ~e: VIII. CLERK'S REPORT Clerk Fritzshall had no formal report. She announced that the Cook County Board had author- ized the re-opening the appeal process far property assessments, from now until March 31, 2008. She encouraged everyone who still wanted to appeal their assessments to stop by Niles Township and speak to the Niles Township Assessor, Scott Bagnall, or call the township administrative offices at (847) 673-9300. IX. STd,rF REPJ~RI`S A. Village Administrator a. Mr. Wade announced that there would be a Board Workshop at 6:30 p.m. on Monday, March 31, 2008, in the Trustees' Conference Room to discuss and review a water rate analysis. This is an analysis of the Village's vrater rates and future infrastructure needs and will feature a presentation by Municipal Financial Services, a consulting firm. This workshop will be videotaped and telecast. b. Mr. Wade asked Public Works Director And~,~ DeMonte to update the Board about this past winter and its effect on the Village. Mr. DeMonte said that the total snowfall this winter was double last year's-thus the hours worked and the cost were also over budget. He said that the Village's salt purchase had been made in the summer, and the Village paid $40 or $50 per ton for it. With the current salt shortage, prices are now in the range of $150 tc $160 per ton. This is something that's out of the Village's control. He said it's dift'icult to budget this kind of thing. If you always budget the "worst case scenario," it "inflates' the budget because most years aren't "worse case". He said the Village tries to come up with "average' and budget accordingly. Mr. DeMonte said, at this point, he will now be looking at the Public Works' budget to see if there's anything that could be postponed until the next budget year. He said the Village views snowplowing and salting as "essential services" so they didn't stop purchasing salt, in spite of the high prices. Mc DeMonte then provided several statistics indicating the differences between this winter and last year's winter, including the total cost-last year's winter cost the Village $361,583, and this year's (to date} has cast the Village $771,065. Trustee Thill a>I<ed Mr. DeMonte haw many vehicles the Village runs when doing the snow- plowing and salting. He responded, "about 20, with three or four more concentrating on alleys." B. Corporation Counsel; Ms. Liston had no report. e~; X. A. Trustee Brunner: TRI.lSYEES' REPtORTS Trustee Brunner had na formal report. She reminded the assemblage about "Earth Hour" this coming Saturday, Mesh 29, and encouraged everyone to turn off all non-essential lights during the hours of 8:00 to 9:00 p.m. to support this initiative. 2. "i7ustee Brunner announced that tyre Corrununity Relations Commission will be holding a recognition ceremony for residents who've lived in the Village an aggregate of 65 years or longer. Anyone who meets that criteria should call the Senior Hotline at (847) 470-5223 and leave their name, address, phone number, and how many years they've lived in the Village. The recagnition ceremony will be tied to the grand opening of the Historical Society's new Education Center. Trustee Ko sg tad: Trustee Kogstad was absent--no report. C. Trustee Marcus: Trustee Marcus presented Resolution o$-16, Authorization for the Purchase of Police Pursuit y/ehicles Through the htorthvaest Municipal Conference Suburban Purchasing Cooperative. He explained that these will replace high mileage vehicles currently being used by the Police Department. Four cars were approved in the 2008 Budget to be purchased at a cost of $88,000. -i he actual purchase price through the Northwest Municipal Conference suburban purchasing cooperative is $85;750. Trustee Marcus moved to approve Resolution 08-16, seconded by Trustee Brunner. Motion passed: 5 ayes, 0 mays. Tr. Brunner aye 'Cr. Kogstad alasent Tr. Marcus aye Tr. Minx aye Tr. Staarkmann awe Tr. Thill ave Trustee Marcus commented regarding the Village vehicle stickers. He said that a resident had suggested to him that perhaps next year there could be a contest in the elementary schools to design the 2003 vehicle sticker. Mayor Krier said it could be looked into. 3. Trustee Marcus also had a couple of suggestions about appointments. He felt that all the vacancies in the various commissions should be listed an the Village's website as well as on a listed posted in \/iSlage Hall. He thought that this Nrould be a good way of getting the vrord out so that anyone interested in a particular commission could apply. Mayor Krier responded that there is a downloadable application form on the website for anyone interested in being on a commission, although the vacancies themselves are not listed. They mayor said he does keep a file of narnes of people who've indicated an interest in serving on a commission. ,,: ;(, TRUSTEES' REP®RTS (continued) D. Trustee Minx: Trustee Minx presented Resolution 08-17, Authorization to Execute a Contract with Johler, Inc., for the Demofttion and Removal of the Structure at 8721 Narragansett Avenue within the Lehigh/Ferris Rede~+~elopment District. She said the Village had been acquiring properties in an effort to assemble sites suitable for redevelopment. This particnlare property had been purchased in December of 2000. The structure is vacant and poses a safety threat due to its disrepair. In the future, an outside firm will be sought to develop the site in a manner that will satisfy the objectives of the Redevel- opment Plan and be compatible with the surrounding residential properties. The estimated value of this demolition contract is $17,600. Trustee Minx moved to approve Pesolution 08-17, seconded by Trustee Thill. Motion passed: 5 ayes, 0 nays. Tr. t3runner ay+e Tr. @Sogstad a~is~nt Tr. Marcus Tr. Minx ~ 7r. Staackmann gyre Tr. Thill 2. Next, Trustee Minx presented for a first reading Crdinanoe 48-08, Adopting Updates to Amlaulance Service Fees. This ordinance vdill res#ructure the ambulance service fees referred to in Title 9, Chapter 7, of the Village's Municipal Code. The restructure because, in 2006, Medicare and private medical insurance companies began to disallow the payment of itemized ambulance service fees in favor of a "bundRed fee" concept. Bundling of fees simplifies the billing process and eliminates the itemization of services. A r`!at cafe based upon level of service will be assessed. By moving to the bundled fee concept, the Village will receive the following benefits: (1) Enhanced efficiences for the receipt of payments for services; (2) Alignment of the Village's fee structure to that established by Medicare and major private insurance carriers, which will decrease the number of denied claims; (3) A reduction in the ambulance billing vendor's service charge from 9% of gross charges to 6% of gross charges. The overall result is that the Village will receive payment faster and at an increased level. It is anticipated that these modifications will represent an estimated revenue enhancement of approrimately $44,000 annually. There was no further discussion regard'nig Ordinance 08-08. 3. Trustee Minx then presented Resolaation 08-23, Author°izing the F_xecution of a Contract with Dataprose, Enc., to Provide Utilit}r c>i9@ing Seroaices. She explained that, since 2001, the Village has used a third party vendor for the delivery of residential and aomrnercial water billing. The contract with the current vendor has expired, so a request for bid went out. Two vendors submitted bids, with Dataprose, Inc., being the lowest qualified bidder at a cost of $6,000 per year for three years. This is a savings to the Village of over $5,000 annually. Trustee Minx moved to approve Resolution 08-23, seconded by Trustee Thi6. Mot'son pw+ssed: 5 ayes, 0 nays. "'r. Bremner a+yc Tr. t4ogstad absent Tr. Marcus aye Tr. Minx a e Tr. Staackmann ayre Tr. Thill ayre ,. ,~: X. TRPJSTEES' REPORTS (continued} E. Trustee Staackmann Trustee Staackmann had no formal report, but encouraged everyone to attend an ESDA presentation regarding Severe Weather Emergency Preparedness. The presentation will take place on Thursday, April 10, of 7:00 p.m. at the Civic Center. Trustee Staackmann also expressed his condolences to ESDA Director John Hii3 on his recent loss. Mayor Krier expressed his condolences as well, and thanked John for putting this program together- Trustee Thill Trustee Thill pwsented Reno@ution 08-18, A Resolution Approving and Authorizing a Le- ase Ae{reement t3et~nreen the ViiBage of Mortan Grove and DenaBi Spectrum Operations LLC Cancerninc Rea! Property Owned by the Village and Located at 8820 National Street. Truste e Thill explained that the `Jiilage has for several years leased space on the north ele- vated water tank for the placement of antennas and related communications equipment. Re- cently, staff has negotiated a lease with Denali Spectrum Operations, LLC to place an addi- tional antenna on the water tower. The Village will realize revenue from this lease in the amount of X29,000 in the initial year with a 3% increase thereafter. The original term of the lease is fora 10-year period and the lessee has the right to renew the lease for four additional five-gear terms Trustee l'hill moved.. ser..onded by Tnistee Minx, to approve Resolution 08-18. Motion passed: 5 ayes, 0 nays. Tr. gunner aye Tr. Kogstad absent Tr. Marcus "rr. !4linac =`t°.='_ Tr. Staacknro,pnr~ aye Tr. Ttailt aue 2. Next, Trustee Thill presented Resoirstion 08-19, Authorization for the purchase of Two Ford Fusions and One Ford F-150 Pick-tlp Truck. Ne explained that these vehicles will replace three existing vehicles in the Building Depart- ment as inspection vehicles. Current practice is to use older Crown Victoria squad cars. Due to fuel and pa?1s costs. that practice na longer makes economical sense. The new vehicles vnl' be mare fuel erficient. Funds have been approved in the ?_008 Budget in the amount of $325,300 for replacement of vehicle s and related equipment. The vehicles to be replaced un- derthis resolution will be in the amount of ~4&,561. Trustee Thill moved to approve Resolution 08-19, seconded by Trustee Minx. Motion passed: 5 aye.,, 0 na}rs. Tr.P,runner ~vp Tr. Kogstad absent Tr. Marcus Tr. Minx ~ Tr. Staackmann aye Tr. Thill aye 3. Trustee Thill then introduced Reno".alien 08-20, h,aatharizing the Sale of Surp{us Personal Property O~rned~ ir~y ~tha= Vi{!age of ~.~o~han Orave. ,,: X. Trustee Thill (cantinued) He explained that this is far the sale of several motor vehicles deemed surplus property via the Northwest Munidpal Conference's auction. The vehicles for sale area 1989 Ambulance, a 1987 GMC 250 Lltility truck, and a 1981 SalterlPlow. Trustee Marcus asked where the bid forms need to be submitted. Public Works Director Demonte said they shrn.~ld be submitted to the NWMC's auction house (Obenauf Auction Service, lnc.). The auctiai itself wdi ne held on May 3"' at the Arlington Heights Public Works garage. Trustee Thi(I moved to approve Resolution 08-20, seconded by Trustee Brunner. Motion passed: 5 ayes, 0 nays. Tr. Brunner rc~Le Tr. Koelstad absent Tr. Marcus ave Tr. fNisnx ~ Tr. Staackr~rann aye Tr. Thfll ave Trustee Thil; next: presented ResofnptEOn 08-21, Authorizing the Annual Memorial Day Pa- radr.~ and C6osure at' O)em!pster Street. Trustee Thill explained that the Illinais department of Transportation requires the Village to adopt an ordinance approving the closure of Dempster Street. Trustee Thill amended the resolution to reflect the true date of the fv1emarial Day Parade, which is Sunday, May 25. Trustee Thi!I moved to adopt Resolution 08-21 as amended, seconded by Trustee Minx. Cd@otion, passed: 5 ayes, 0 nays. Tr. Brunner ~ Tr. WCogstad absent Tr. Marcus awe Tr. Minx aye Tr. Staackmann ~ Tr. Thill ave Trusi:ee Thili brought farward Resolut:¢oro 08-22, fk=.€tlrorizing the ,+~rAnual .luiy 4 Parade and G3osure of Dempster Street. TRUSt"EES' REPCIR"fS (continued) Again, this is required by the Illinois Department of Transportation. This resolution authorizes the closure of Dempster Street on July 4 between the hours of 2pm and 4pm for the annual parade. passed: 5 ayes, 0 nays. Tr. Brunner apLe Tr. Minx aye Tr, Kogstad absent Tr. Staackmann aY? Tr. Marcus afire Tr. Thill awe Trustee Thiil maned to approve Resolution 08-22, seconded by Trustee Brunner. Motion XI. f~TCiER BuSIPJESS Administrator Wade responded to hAr. Poders' questions from earlier in the evening. As far as taxing privately-oGVned towers, the Village would have to research that. Those owners are already assessed real estate tax, and Mr. V'Jade said he was not aware of any other taxes im- posed on them. ,4s far as the locat6on of the various antennas, he said most are on the north tower an tvlationa! Avenue because it's a better site for cellular use than the south tower's site. 11: XII. tPtlA~SIMNTrI Trustee Minx presented the Warrant Register for March 24, 2008, which totaled $434;075.77. She moved to approve the Warrants as presented, seconded by Trustee Brunner. Mahon passed: 5 ayes, 0 nays. -rr. Brunner _a^~c Tc. Kogstad absent Tr. Marcus awe Tr. S`~inx a~ Tr. Staackmann eve Tr.'ihilV Xill. 3~SfrSli)E:N T S' CCJ~FYi~tENTS Bill Zimmer. Mr. Zimmer thanked the Board for their confidence in him and said he was disappointed that Trustee Kogstad hadn't attended to cast his vote. Trusted Marcus said he forgot to mention a task force committee report. Mayor Krier said that would he discuse.ed in Executive Session. XIV. A®J®uF2N~liEi~TfEXECUTI\/E SESSION There being no 7uriherbusiness, ~zruste~ Pttinx moved to adjourn to Executive Session to discuss personnel, labor negofiations, and real estate. The motion was seconded by Trustee Marcus. Mahon passed: 5 ayes, 0 nays. Tr. Brunner ~~e Tr. Kogstad absent Tr. Marcus eve Tr. Minx ~ Tr. Staackmann ~ Tr. Thill The°,oard adjourned to Executive Session at 8:22 p.m. Mayor Krier calied the Executive Sessican to order at 8:35 p.m. In attendance were: Mayor XIV. Krier, Clerk Fritzshall, Trustees Brunner, IVlarcus, Minx, Staackmann, and Thill. Also present 4vere P.drnin'sstra¢cr Wade, Corparation Ccursel i..i:,ton, Community & Economic Development Qirector I\euendorf, and Steve Friedman of SB Friedman and Company. There being no further business, Trustee Minx moved to adjourn the Executive Session at 9:17 p.m. The matian was seconded by Trustee Brunner and passed unanimously via voice vote. Trustee 1~9inx then moved to adjourn the regular meeting. The motion was seconded by Trustee Brunner and parsed unanimously via voice vote. The regular meeting adjaurned at 9:18 p.rn. ~ ,.: PASSED this 14th day of April, 2008. Trustee Brunner Trustee Kogst~d Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14th day of April, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILF_D in my office this 15fh day of April, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Taresa Cousar ill r EMPLOYEE ANNIVERSARY AWARDS APRIL 14, 2008 PATRICK BYRNE FIRE DEPARTMENT IS YEARS OP SERVICE DANIEL GALLAGHER MICHAEL LITTAU FIRE DEPARTMENT FIRE DEPARTMENT 10 YEARS OF SERVICE 10 YEARS OF SERVICE:. Richard T. Flickinger Muiuci~pal Center 6101 Capulina Avenue • Morton Grove, Tllii~ois 60053-2985 Tcl: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper illy. or Planning Commission Zonfng Board of Appeals April 14, 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 1Vlarch 17, 2008, a public hearing was conducted by the Morton Grove Plan Commission, after being continued from January 21, 2008, and after a legal notice was published in The Champion newspaper on December 27, 2007 and February 28, 2008 regarding: Plan Commission Case PC07-09, wherein the applicant the Village of Morton Grove, 6101 Capulina. Avenue, Morton Grove, Illinois 60053 requested a text amendment to the "Unified Development Code" to the CR "Conunercial Residential" zoning district to increase the allowable density for multi-family by Special Use from 32 milts per acre to 40-45 units per acre for P.U.D.s only. Ms. Bonnie Jacobson, Planner, presented the case for the Village. She noted that text amendments should be evaluated based on their overall benefit to the Village and not just for fhe benefit of any individual applicant or property owner. Ms. Jacobson reviewed the purpose and development of the CR zoning district in 2002, explaining that there was little condominium product in the suburbs at that time, and that the multi-family densities proposed were conservative in riature and consistent with what was already in the Zoning Ordinance at that time. Since then, there have been several more suburban condominiums built in surrounding areas at higher densities than what is being proposed. In addition, the consultant team hired to assist in the development of the Lehigh/Fems T.LP. district has discovered that higher densities, up to forty units per acre, better maximize the development potential of the larger redevelopment sites, and when the Village Board reviewed potential designs for the redevelopment site they own, they selected an option that was at a higher density than what is currently allowed by code. Further, the majority of condominium buildings that were constructed a long time ago have densities that are commensurate with what is being proposed. The only condominium built at thirty-two units to the acre is the Morton House, which was built under the current density requirements that. were put in place in the 1991 update of the Zoning Ordinance. Ms. Jacobson added that the proposed amendment is for P.U.D.s only which are the larger sites that are an acre or over. One interested party, Mr. Bi11 Lukshaw, registered to speak regarding this case. He felt that one acre is too small to support a development of increased density. If the density of thirty-two units to the acre was fine for seventeen years, why change it now? He commented that the proposed density marked a 25% increase and he believes that more development violates what Morton Grove has as a village, which is trees. He also questioned whether this change will increase or decrease property values. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper One concerned party, Mr. Eric Poders, also spoke regarding this case. He was concerned about what would happen in the future if the Village rezoned more land to the CR district. Ms. Jacobson and Mr. Hildebrandt responded that it is unlikely at this time or in the near future that any additional land would be rezoned to CR. Commissioner Gabriel asked about how many sites cou]d actually be developed at the new density, to which Ms. Jacobson responded, "A handful". Conunissioner Gabriel felt that the proposed amendment would allow more creativity in the use of available land, and the forty units per acre doesn't guarantee the right to build, it is just a maximum. A P.U.D. still has to be approved. He believes that this amendment is not just better for a developer, but better for the community. Commissioner Gabriel's sentiments were echoed by all of the other Commissioners. Commissioner Roepenack moved, and Commissioner Dorgan seconded, to approve a text amendment to the Village of Morton Gi^ove Unified Development Code to the CR "Comrnercial/Residential" zoning district to increase the allowable density for multi-family by special use from 32 units per acre to 40 units per acre for P.U.D.s only. The motion carried; Yes 5; No 0; Absent 2 The voting: Chairman Farkas Absent Commissioner Dorgan Yes Commissioner Gabriel Yes Chairman Pro Tem Gattorna Yes Commissioner Patel Absent Commissioner Roepenack Yes Commissioner Shimanski Yes The Plan Commission unanimously found that the proposed text amendment was in the public interest pursuant to Section 12-16-GIE4d, e and f of the Village of Morton Grove Unified Development Code. R/e~spe/et ful ly/Su"b' mitted, John Gattorna Chairman Pro Tem Commdev/zoning/plancomm/pc07-09 report ills r ~° Planning commission Zoning Board of Appeals April 14, 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 March 17, 2008, a public hearing was conducted by the Morton Grove Plan Commission, after a legal notice was published in The Champion newspaper on February 28, 2008, written notification sent to property owners within 250 feet, and a sign posted on the property, as required by ordinance regarding: Plan Commission Case PC07-12, wherein the applicant McDonald's USA, LLC, 4320 Winfield Road, Suite 400, Warrenville, Illinois 60555, requested a Special Use Permit for adrive-through facility and a parking variance for the property at 6309 Dempster Street. Ms. Bonnie Jacobson, Planner, smmnarized the case for the Village. She indicated that McDonald's intends to completely rebuild their facility with an improved traffic pattern and more modens building. She indicated that the new building will actually be smaller than the existing building, and will house approximately 55 seats and a dual order drive-through lane. The new site plan also depicts a bypass lane around the building and a single widened entrance allowing both left and right hand turns. She noted that the applicant is requesting a nine car parking variation that they believe is justified through a reduced dining room size, more efficient drive-through and existing traffic volumes. Ms. Jacobson noted staff concerns regarding traffic flow and building floor plan and read proposed conditions for the Plan Commission to consider. Mr. Rich Neubauer, Rebuild Manager from McDonald's and Ms. Sue Connelly the owner/operator, spoke on behalf of the applicant. They both indicated that they were concerned about staff's condition regarding the restriction on the voice activated ordering system during night time hours. Ms Comielly indicated they are open from 5:00 a.m. to 11:00 p.m on weekdays and nudnight on weekends, and have never had a complaint. Mr. Neubauer added that they are proposing a 24-hour facility and locating the ordering boards further from the residential lot line than they are now. The system technology is also improved and adjusts in volume relative to ambient noise. The volume can also be manually reduced if it is a problem. Mr. Neubauer then presented some of the changes in the site plan from the current situation and explained how the operation is improved. He noted there is currently only room for two cars to exit from the drive- through on to Dempster Street and if Dempster is busy the entire system breaks down. The new site plan allows for more ears to stack and a circular traffic flow. The new plan shows two ordering stations, a pay station and pickup station which wili also make the drive through more efficient. They will be adding twenty-three percent more landscaping to the site and constructing a more modern fagade made of masonry and E.LF.S. They are requesting a nine car parking variation which they believe is justified due to a thirty-eight percent reduction in the size of the dining room and increased efficiency for the drive- through. Mr. Neubauer cited other locations which have been rebuilt that have actually less parking than what is being proposed, with sir~il}oa,~li~es~li~~~~i`~~~~~v~~Q~~ad a problem. 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper Mr. Luay Aboona, KLOA, Inc., the applicant's traffic engineer reiterated the justification for the parking variance. He noted that his firm conducted parking counts at various times, for breakfast, lunch and diimer, and only during one fifteen minute time segment was the parking lot ever full. He opined that with the reduction in seating and improved circu]ation for the drive-through, parking is adequate. He also added that IDOT already approved the access to the site allowing both left and right hand turns out of the site. The Plan Commissioners questioned the applicant's representatives on how they were addressing foot traffic from the park, the right-turn only lane on to Callie and the adequacy of the width of the driveway. Mr. Aboona and Ms. Com~elly responded that they are providing bike racks and keeping the dining room to accommodate traffic from the park and forest preserve and that the right tum on Callie will offer a relief valve for the drive-through lane backups. The proposed driveway is thirty-five feet wide, and can accommodate the access. The Commissioners questioned Captain Porter and Mr. Hildebrandt regarding their concerns on the floor plan. They responded that the layout may or may not need to change to accommodate the fire sprinkler controls and the water feed to the controls. Thus, the recommended staff condition locks in a building footprint and maximum seating area but not an actual floor plan, so that the issues can be addressed at a later time. There were several concerned parties who spoke regarding this case Mr. Rolando Pasia of 8730 Callie Avenue lives adjacent to the McDona]d's and said that he has not had any problems regarding noise from McDonald's. He is concerned that the noise will increase in the summer, but after hearing from the applicant that the ordering stations are further away and the technology will be changed to a directional voice-activated system, he is not as concerned. Mr. Bill Lukshaw asked if there was enough screening to protect the neighbors. The applicant responded that the current screening situation does not change from the existing -there is a fence and pine trees. Mr. Eric Poders spoke regarding creating community awareness with the tmstees on the landscaping, and Ms. Nancy Lanning was concerned about speeding and throwing of debris down Callie Avenue. Mr. Bill Simkins was especially concerned about the pazking variation and customer parking for trucks. He commented that the tmeks who wish to patronize McDonald's currently cannot fit on the site, so they illegally park on Callie Avenue or in his parking lot. He commented that he did like the added driveway on Callie because it would minimize the space where tmeks can illegally park. Mr. Neubauer responded that they would love to have more room on the site to put more parking, but they don't. Ms. Connelly said that she was unaware of the problem and will do her best to address it with Mr. Simpkins. The Plan Commission discussed the option of removing the condition with the hour restriction on the voice-operated ordering system based on the applicants testimony, and limited concern raised by the neighbor. Further, Mr. Iildebrandt indicated the police could enforce a noise complaint if there ever was a problem. The Plan Commission also discussed the new traffic circulation and at Comnussioner Shimanski's suggestion, decided that the outer lane along Callie not be used for car stacking so that cars could effectively circulate tluough the site. Therefore, Comnussioner Roepenack moved, which Commissioner Shimanski seconded, to approve a Special Use Permit for adrive-through facility and a nine car parking variation for 6309 Dempster Street, subject to the following conditions: L That the proposed drive-through restaurant be constructed in accordance with the site plan dated 1/25/08 with the access to be reviewed and approved by the Village Engineer and IDOT; 2. That the proposed drive-through restaurant be granted a parking variation of nine (9) parking spaces, pursuant to the justification articulated in the report and analysis performed by KLOA, Inc. dated March 3, 2008; 3. That the proposed drive-through restaurant be constructed in general accordance with the elevations dated 02!08 and landscape plan dated 1/29/08, with final approval to be determined by the Morton Grove Appearance Commission; 4. That the floor plan conform in size to that shown on the site plan dated 1!25/08 with a maximum seating capacity of fifty-five; 5. That the outer lane closest to Callie Avenue not be used for stacking for the purpose of ordering, and be designated as a by-pass lane adjacent to the drive-through lane; 6. That all deliveries take place during off-peak hours; 7. That al] engineering plans be reviewed and approved by the Village Engineer; 8. That all snow be stored in planting areas or hauled off-site so that parking stalls are not blocked; 9. That the parking space in front of the trash enclosure and the first space at the northwest corner of the site be reserved and used by employees and identified as such by signage pursuant to the markings on the site plan dated 1/25/08; 10. That the burning bush on the landscape plan be replaced with another species plant, subject to review and approval of the Appearance Commission; and 1 I . That all Village Codes and Ordinances be met. The motion carried: Yes 5; No 0; Absent 2 The voting: Chairman Farkas Absent Commissioner Dorgan Yes Corrunissioner Gabriel Yes Chairman Pro Tem Gattorna Yes Commissioner Patel Absent.. Commissioner Roepenack Yes Commissioner Shimanski Yes The "Findings of Fact" for PCO'7-12 relative to the seven standards by which a Special Use is evaluated is attached to this report: Respectfully Submitted, ohn Gattorna Chairman Pro Tem Commdev/zoning/planconun/pc09-12 report Findings of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unified Developm~erzt Code upon which the Plan Commission based its decision. 1. Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The Plan Commission concluded that the proposed drive-through operation and the granting of a nine-space parking variation will not be detrimental to or endanger the public health, safety, morals or welfare. 2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed drive-through operation will not be injurious to the use and enjoyment of neighboring properties. The applicant testified that the new voice activated ordering system is located further away from the adjacent residential neighbor than it is now, and with better technology relative to sound, should not have a detrimental effect on the neighbors. The adjacent neighbor confirmed that he has no problems from McDonald's. Regarding any potential negative effect on the adjacent commercial neighbor, the applicant agreed to help deter her customers from parking in his lot. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The existing property is located within the C1 "Commercial" zoning district, and the rebuild of the facility with the improved drive-through will not impede the. normal and orderly development of the other uses in this district. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed rebuild and drive-through actually improves the facilities compared to the way they exist now, in terms of access and utilities. A condition which allows some flexibility in the floor plan will allow for adequate fire protection to be provided. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. After much testimony and discussion, the Plan Commission concluded that adequate measures have been taken to minimize traffc congestion on public streets. They concurred with the applicant's traffic assessments that parking will be adequate and approved the parking variation. They also added a eondifion Iinuting one Zane to being a bypass Iane so that cars can better circulate around the site and not negatively impaot the local street system. 6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. • The existing buffering of a fence and tall pine trees will remain in place and based on testimony from the adjacent neighbor, it is adequate. The site meets all Village regulations for screening of paved ground surfaces. 7. Conformance to Other Regulations -The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Secfion 12-16-3A1, may be considered by the Pfan Commission and the Village Board of Trustees as a part of the special use permit. The proposed Special Use will be required to meet all Village Codes and Ordinances except that anine-car parking variation was sought and granted by the Commission. The Plan Commission concluded that the variation was warranted based on the applicant's and Traffic Engineer's testimony relative to the reduction in size of the dining room, the existing traffic counts and the experience of similar facilities. Comdev\zoning\plancom\pc07-12 frndings of fact 1 d~fffice ®f fie ~TiYla~e ~icYministrator TO: Village Board of Trustees /''1 9,/ /~ FROM: Rick I{rier, Village President~~'`~"~ DATE: April 2, 2008 RE: Commission Reappointments Following is the list of Commissioner realapoinhnenis to be made at flee April 14 Board meeting: Appearance Commission: Maria Toth 4/30/08 4/31/11 Cable and Telecommunication Commission Karen Chatriwala 2/27/08 2/27/11 Board of Environme~ltal Health Commission Sanford R. Gail 4/30/08 4/3011 Dr. Abdul Sattar 4/30/08 4/3011 Natural Resources Commission David Conrad 6/12/07 6/12/1.0 Richard T. Flickinger Municipal Center 6101 Capulina Avenue ^ Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper MEMORANDUM ~7n~ll~~~ ®~ I~1[®reg®~n ~~®~~ WHEREAS, the Village of Morton Grove finds that decent, safe, and affordable housing is port of the American Dream and n goal of all Illinois residents; and WHEREAS, individuals have the right to choose where to live without discrimination based on race, color, religion, age, gender, familial status, national origin, and/or disability; and WHEREAS, acts of housing discrimination and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness; and WHEREAS, federal and state laws affirm the right of every person to equal housing opportunity; and WHEREAS, fair housing is n positive community good; and WHEREAS, economic stability, community health, and human relations in the State of Illinois are improved by diversity; and WHEREAS, stable, integrated and balanced residential patterns are threatened by discriminatory acts and unlawful housing practices, resulting in segregation of residents and opportunities in our region; and WHEREAS, the talents of grassroots and nonprofit organizations, housing service providers, financial institutions, elected officials, state agencies, and others must be combined to promote and preserve fair housing and equal opportunity. NOW THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove, Illinois, do hereby proclaim April 2008, as NATIONAL FAIR HO~JSING !MONTH in Morton Grove and to establish it as an open and inclusive community committed to fair housing and to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents and prospective residents of the Village of Morton Grove. In witness hereof, I have hereunto set my hand and caused to be affixed the sea) of the Village of Morton Grove. Richard Krier, Village President LeQistative Summary Ordinance 08-08 ADOPTING UPDATES TO AMBULANCE SERVICE FEES Introduced Synopsis: Purpose: Background: Department Effected: Fiscal Impact: Source of Funds: Administrator Recommendation First Reading: March 24, 2008 This Ordinance authorizes the restructuring of Ambulance Service Fees as referred to in Title 9, Chapter 7 of the Village's Municipal Code. This restructure is necessary to establish reasonable azld necessary fees to support the delivery of high quality Emergency Medical Services (EMS) to the residents and guests of the community. The proposed Fees are established after historical review of fees charged during the 2007 calendar year. In 2006, Medicare and private medical insurance companies began to disallow the payment of itemized ambulance service fees in favor of a `°bundled fee" concept. Smidling of fees simplifies the billing process and eliminates the itemization of services. A flat rate based upon level of service will be assessed. Transition to this Bundled Concept will provide the following benefits: 1. Enhanced efficiencies for the receipt of payments for services. 2. Alignment of the Morton Grove fee structure established by Medicare and major private insurance carriers which will decrease the amount of denied claims. 3. This restructure will result in a reduction of the ambulance billing vendor's service charge from 9% of gross charges to 6% of gross charges. The ambulance billing vendor has also assured us, as the result of this change, we will receive payment more rapidly and at an increased level. Fire Department Because of the variable nature of medical insurance plans and their administration, an exact estimate of anticipated revenues from the restructure is difficult. However, a conservative estimate would anticipate the possibility of a $30,000 annual increase of gross revenue. In addition, the 3% reduction would save approximately $14,000. Therefore, it is anticipated these modifications will represent an estimated revenue enhancement of approximately $44,000 annually. No expenditure is necessary. Approved as presented March 24, 2008 ~ ~ p~ Respectfully submitted: ` ~AP~./~L~i~ ~ tct~ Jose F. ade, Village Administrator ~` Prepared by: ~ Reviewed by: _ Fire Chief m Friel Teresa ~~ Corporation Counsel ouviNaNCE os-os ADOPTING UPDATES TO AMBULANCE SERVICE FEES WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing atrd, as necessary, updating existing Municipal ordinances; and WHEREAS, as part of that review process, Tit]e 9, Chapter 7 entitled, "Non-Fire Suppression Fees Seheduie and Permit Requirements" has been reviewed and found to be in need of updating; and WHEREAS, the Village currently assesses fees for the delivery of ambulance service, based upon the level of life support activities provided, in order to defray the cost involved with providing emergency medical services in the Village; and WHEREAS, the Village is desirous of restructuring ambulance fees in accordance with a "bundled rate" concept that will no longer involve itemization of services; and WHEREAS, the Village recognizes the calculation of "reasonable" fees consistent with the standards set forth and published in the Federal Register as 42 CFR Parts 410 and 414 and inclusive of various types of services rendered. WHEREAS, being the Village is desirous of assuring all ordinances are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate 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 2i Title 9, Chapter 7 of the Mmiicipal Code of the Village of Morton Grove is hereby amended by repealing 9-7-1 in its entirety and replacing it with a new Title 9, Chapter 7, Article 1 entitled, "NON-EIRE SUPPRESSION FEE SCHEDULE AND PERMIT REQUIREMENTS" to read as follows: 9-7-1: FEES ESTABLISHED: The following fees are hereby established for non-fire suppression services and non-ambulance service fees provided by the Morton Grove Fire Department. All fees shall be due and payable to the appropriate referenced Village Department prior to the issuance of related permits and are in addition to any other fees and/or permits required by this Village. Fees aie also hereby established for ambulance service fees: A. Non-Fire Suppression and Non-Ambulance Service Fees DESCRIPTION Private requests for water flow data Fire sprinkler system plan review Fire detectionlalarm notification system plan review Other plan review (not classified) FEE $50 $50 + $5/1000 sq ft $50 + $2/1000 sq ft $100 DEPARTMENT Fire Building Building Building Building Building Building Finance Finance Finance Flammable/combustible liquid storage tanks (above ground an/or below ground installation, relining, and/or removal $100 per tank Commercial hood and duct systems (plan review and inspection) Outside service reviews Storage of hazardous materials (ref Ord 90-65, 9-6-1) False fire and/or trouble alarms fifth thru ninth per calendar year. Over nine per calendar year B. Ambulance Services Fees: Definitions: $100 per system Invoice amount $100 per year $25 per alarm $50 per alarn Village Resident Those persons having a permanent place of residence within the corporate limits, whose address is used for licensing purposes, filing of U.S. income tax returns, payment of U.S. taxes, and state of Illinois real estate taxes. Non-Village Resident "1"hose persons having a permanent place of residence outside the corporate limits of the Village of Morton Grove, Ail users of emergency ambulance services as administered by the Morton Grove Fire Department (or its designees) and related services hereafter defined, shall be charged, per person, as follows: Vill a~?e Resident Non-Village Resident BLS-E Transport 500.00 650.00 ALS I -E Transport 700.00 950.00 ALS2-E Transport 950.00 1150.00 Mileage Fee (per mile) 15.00 15.00 Support Company Personnel 275.00 275.00 **Extrication/Special Rescue 450.00 450.00 **PPE1Decontamination 350.00 350.00 Ambulance Decontamination 1755.00 1755.00 Response Charge $ 185.00 $ 300.00 ** NOTE: Minimum fee for rescue crew response. Additional charge will be assessed at $35.00/hour/rescue worker and $125.00/hour/apparatus Ambulance response to a person in excess of six (6) times within the previous 12 calendar months without transport to the hospital, will result in an assessment of at least the "Response Charge" item found in Section 2 of this Ordinance, for each response thereafter. SECTION 3: All other fees established for non-fire suppression services provided by the Morton Grove Fire Department as described and referred to in, other than ambulance services, as well as late payment charges and penalties remain the same. SECTION 4: The Director of Finance of the Village of Morton Grove shall cause an invoice to be issued to those who use ambulance services and/or related services in accordance with this ordinance. The Village may enter into a contract with an independent billing service and/or collection agency in order to facilitate this process. All fees collected shall be deposited into the General Fund of the Village. Invoices for ambulance and related services shall be made to the patient's insurance company or companies, self-insurers, Medicare, Medicaid or Public Aid. The Village will accept any and all Village resident insurance assignments as payment "received in full". Fees assessed by insurance carriers considered to be "deductibles" or "co-payments" will be waived for Village residents in consideration of municipal/property taxes previously remitted to the Village. In the event of hardship or special circumstance, the Director of Finance is authorized to waive, on an individual basis, fees charged to Village residents for emergency and related services not paid by insurance, Medicare, Medicaid or Public Aid. SECTION 5: All ordinances or parts of ordinances in conflict with terms of this ordinance are, to the extent of such conflict, hereby repealed. SECTION 6: 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 14`h day of Apri12008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 14`h DAY OF Apri12008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 14"' day of April, 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-13 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12-5-7E AND 12-6-3E TO INCREASE THE ALLOWABLE DENSITY FOR MULTI-FAMILY RESIDENTIAL UNITS IN PLANNED UNIT DEVELOPMENTS IN THE CR COMMERCIAL RESIDENTIAL DISTRICT Introduction: April 14, 2008 Synopsis: This ordinance will increase the maximum density for multi-family residential units in Planned Unit Developments in the CR Commercial Residential Zoning District from 32 units per acre to 40 units per acre. Purpose: Increasing the density limitations For Planned Unit Developments in the CR Commercial Residential Zoning District to a maximum of 40 units per acre will better maximize the development potential of redevelopment sites within the CR Commercial Residential Zoning District and will allow for greater flexibility and creativity in the use of available land. Background: The Village currently limits maximum density for multi-family dwelling units (condominiums) to 32 uniCS per acre. Given the high cost of land in the CR Commercial Residential Zoning District and following the Crends in neighboring communities, staff has recommended the maximum density be allowed as a Special Use in Planned Unit Developments in the CR Commercial Residential Zoning District. Staff asked the Plan Commission to consider increasing the maximum density from 32 units per acre to 40-45 units per acre. The Plan Conunission held a Public Hearing on this application on March 17, 2008. Based on staff s report and comments from interested parties, the Plan Commission unanimously recommended the maximum allowable density be increased to 40 units per acre. The Plan Commission believes 40 units per acre would allow flexibility and creativity in the redevelopment of parcels in the CR Commercial Residential Zoning District bat at Che same time would be harmonious with the existing developmenCS within the area. Programs, Departments Building Department, Village Engineer, Village Planner or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: This application was developed by the Village Planner with input from the Director of Community and Economic Development, Che Village Administrator, and Corporation Counsel. Administrator Approval Recommendation: First Reading:. Required, April 14, 2008 Special Considerations or None Requirements: Respectfully submitted: ~ (C~' Prepared by Jos-~ ad ,Village Administrator Teresa Reviewed by: 1/d Hildebrandt, wilding ommissioner Corporation Counsel Ordinance 08-1.3 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12-5-7E AND 12-6-3E TO INCREASE THE ALLOWABLE DENSITY FOR MULTI- FAMILY RESIDENTIAL UNITS IN PLANNED UNIT DEVELOPMENTS IN THE CR COMMERCIAL RESIDENTIAL DISTRICT 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 to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove has made a proper application to the Plan Commission in Case No. PC 07-09 to consider and recommend the adoption of a certain text amendment to the Village of Morton Grove Unified Development Code, Section 12-5-7 to increase the density for multi-family residential units in a CR Commercial Residential Zoning District from 32 units per acre to 40-45 units per acre for Planned Unit Developments only; and WHEREAS, upon public notice duly published in the Mor°ton Grove Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which took place on December 27, 2007, and February 8, 2008, and public hearings were conducted on January 21, 2008, and March 17, 2008, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated April 14, 2008, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have concluded that increasing the density limitations for a Plalmed Unit Development up to 40 per acre in the CR Commercial Residential Zoning District better maximizes the development potential of redevelopment sites within the Village of Morton Grove, and is consistent with development trends within the surrounding areas of the Village of Morton Grove, and will allow for greater flexibility and creativity in the use of available land within the Village; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The following section of the Unified Development Code, 12-5-7E, entitled "Development Standards for the CR Commercial/Residential DistricP', is hereby amended to read as follows: 12-5-7: DEVELOPMENT STANDARDS FOR THE C/R COMMERCIAL/ RESIDENTIAL DISTRICT: E. Modifications To Residential Development Provisions Allowable By Special Use: The Plan Commission may, by special use, recommend modif cations to the development standards for permitted residential uses in the C/R commercial/residential zoning district. Modifications may be made to the extent of height, yard, lot coverage,. and off-street parking requirements. In addition, the Plan Commission may recommend modifications to the minimum lot area (density) requirements which would increase the density for mixed use and multi-family dwelling units to a maximum of thirty-two (32) dwelling units per acre and for mixed use and multi-family dwelling units in a Plaimed Unit Development to a maximum of forty (40) units per acre, and for attached dwelling units to a maximum of eighteen (18) dwelling units per acre. (Ord. 07-07, 3-26-2007, Ord. 08- , 04-28-08) SECTION 3: the following section of the Unified Development Code, 12-6-3E, entitled "Planned Unit Developments -General Provisions", is herby amended to read as follows: 12-6-3: GENERAL PROVISIONS: E. Site Development Allowances, Modifications, Exceptions: Except as otherwise expressly provided in the ordinance granting and approving the planned unit development, all planned unit developments shall comply with all regulations and standards governing the zoning, use, and development of the site. The planned milt development may not allow any modification or exceptions to requirements relating to density, except for Planned Unit Developments in the CR zoning district (see Chapter 5 "Special Development Provisions", Section 12-5-7E), and floor area ratio, except streets may be included in the density calculation and the density may be calculated for the entire site to be developed, and not each individual lot, if the property is to be subdivided. The Plan Commission may recommend and the Village Board of Trustees may approve other such modifications and exceptions and may impose additional restrictions and conditions from regulations governing other than density and floor area ratio including regulations relative to setback, height, off-street parking and loading, screening, lighting, signage, and subdivision design standards. (Ord. 07-07, 3-26-07) SECTION 4: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law PASSED this 14`h day of April 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14`" day of Apri12008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14~' day of Apri12008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois EX~IIBIT "A" Village of r,~i®r~a~ ~~°~~°~ Planning Commission Zoning Board of Appeals April 14, 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 March 17, 2008, a public hearing was conducted by the Morton Grove Plan Commission, after being continued from January 21, 2008, and after a legal notice was published in The Champion newspaper on December 27, 2007 and February 28, 2008 regarding: Plan Commission Case PC07-09, wherein the applicant the Village of Morton Grove, 6101 Capulina. Avenue, Morton Grove, Illinois 60053 requested a text amendment to the "United Development Code" to the CR "Commercial Residential" zoning district to increase the allowable density for multi-family by Special Use from 32 units per acre to 40-45 units per acre for P.U.Ds only. Ms. Bomiie Jacobson, Planner, presented the case for the Village. She noted that text amendments should be evaluated based on their overall benefit to the Village and not just for the benefit of any individual applicant or property owner. Ms. Jacobson reviewed the purpose and development of the CR zoning district in 2002, explaining that there was little condominium product in the suburbs at that time, and that the multi-family densities proposed were conservative in nature za~d consistent with what was akeady in the Zoning Ordinance at that time. Since then, there have been several more suburban condominiums built in surrounding areas at higher densities than what is being proposed. In addition, the consultant team hired to assist in the development of the Lehigh/Ferris T.LF. district has discovered that higher densities, up to forty units per acre, better maximize the development potential of the larger redevelopment sites, and when the Village Board reviewed potential designs for the redevelopment site they own, they selected an option that was at a higher density than what is currently allowed by code, Further, the majority of condominium buildings that were constructed a long time ago have densities that are conunensurate with what is being proposed. The only condominium built at thirty-two tulits to the acre is the Morton House, which was built trader the current density requirements that were put in place in the 1991 update of the Zoning Ordinance. Ms. Jacobson added that the proposed amendment is for P.U.D.s only which are the larger sites that are an acre or over. One interested party, Mr. Bill Lukshaw, registered to speak regarding this case. He felt that one acre is too small to support a development of increased density. If the density of thirty-two units to the acre was fine for seventeen years, why change it now? He coimnented that the proposed density marked a 2>% increase and he believes that more development violates what Morton Grove has as a village, which is trees. He also questioned whether this change will increase or decrease property values. Richard T. Flickinger Muiucipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 Recycled Paper One concerned party, Mr. Eric Poders, also spoke regarding this case. He was concerned about what would happen in the future if the Village rezoned more Land to the CR district. Ms. Jacobson and Mr. HIldebrandt responded that it is unlikely at this time or in the near future that any additional land would be rezoned to CR. Commissioner Gabriel asked about how many sites could actually be developed at the new density, to which Ms. Jacobson responded, "A handful". Commissioner Gabriel felt that the proposed amendment would allow more creativity in the use of available Land, and the forty units per acre doesn't guarantee the right to build, it is just a maximum. A P.U.D. still has to be approved. He believes that this amendment is not just better for a developer, but better for the community. Commissioner Gabriel's sentiments were echoed by all of the other Commissioners. Commissioner Roepenack moved, and Commissioner Dorgan seconded, to approve a text amendment to the Village of Morton Grove Un~ed Development Code to the CR "Commercial/Residential" zoning distt7cY to increase the allowable density for multi-family by special use from 32 units per acre to 40 units per acre for P.U.D.s only. The motion carried: Yes 5; No 0; Absent 2 The voting: Chairman Farkas Absent Commissioner Dorgan Yes Commissioner Gabriel Yes Chainnan Pro Tem Gattorna Yes Commissioner Patel Absent Corrnnissioner Roepenack Yes Conunissioner Shimanski Yes The Plan Cormnission unanimously found that the proposed text amendment was in the public interest pursuant to Section 12-16-4E4d, e and f of the Village of Morton Grove Un~edDevelopment Code. Respectfully Submitted, Li/y..~ John Gattorna Chairman Pro Tem Commdev/zoning/plancomm/pc07-09 report Legislative Summary Ordinance OS-14 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW A DRIVE-THRU FACILITY AT THE PROPERTY LOCATED AT 6309 DEMPSTER STREET Introduced: April 14, 2008 Synopsis: This ordinance will grant a special use permit to allow adrive-thru facility and parking variation at the property located at 6309 Dempster, Morton Grove, Illinois. Purpose: The McDonald's restaurant, at this site, wishes to remodel its building to allow for better drive-thru services, and less on-site parking. A special use permit and a variation are needed for this remodeling. Background: The applicant, McDonald's USA, LLC, applied for a special use permit to operate adrive-thru facility at 6309 Dempster Street along with a variation of nine parking spaces (to provide a total of 26 on-site parking spaces). A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on March 17, 2008. The applicant stated a nine car parking variation was justified because under the newly remodeled facility, the dining room size would be reduced and the new layout would create a more efficient drive-thru facility. The applicant hired a traffic engineer who agreed with the parking variance and stated the site would still have adequate parking and circulation, and the drive-thm traffic would be improved. The Plan Commission unanimously recommended the Village Board grant the special use to allow this drive-thru facility and parking variation subject to terms and conditions. Programs, Departments Building and Inspectional Services; Village Planner; Village Engineer or Groups Affected Fiscal impact: NIA Source of Funds: N/A Workload Impact: The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to the normal course of business. Admin Recommendation: Approval as presented. First Reading: April 14, 2008, required Special Considerations or The applicant has asked that the second. reading of this ordinance be waived. Requirements: Respectfully submitted: ' /U; /A/GGC"~'~ _ o p ~ Rude, Village Administrator Prepared by: ~`'~''~ 1 Approved by: r" , Teresa Hoffrna'n ffi~ston, Corporation Counsel Ed Hild Brandt, Building Commissioner Ordinance 0~-14 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW ADRIVE-THRU FACILITY AT THE PROPERTY LOCATED AT 6309 DEMPSTER STREET, 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 governrent affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, McDonald's USA, LLC, 4320 Winfield Road, Suite 400, Warrenville, Illinois 60555, has made a proper application to the Plan Commission in the Village of Morton Grove under Case Number PC07-12 requesting the approval of a special use permit for adrive-fluu facility and parking variance for the property at 6309 Dempster Street, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C-1 General Commercial District; and WHEREAS, Section 12-4-3D of the Village of Morton Grove Unified Development Code allows drive-thru facilities to be located in the C-1 General Commercial District pursuant to a special use permit; and WHEREAS, Sections 12-16-4C5(g) and 12-7=3K of the Unified Development Code allows the Village to grant parking variations based on actual peak demand of a use as demonstrated by an independent traffic study; and WHEREAS, the site, as proposed, requires 35 parking spaces and the applicant has asked for a variation for nine parking spaces to provide a total of 26 parking spaces which computes to a variation of 25.7% which complies with the requirements of Section 12-7-3K of the Unified Deve]opment Code; and WHEREAS, pursuant to the applicable provisions of the Unified Development Code upon public notice duly published in the Morton Gi°ove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on February 28, 2008, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by Village Code, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on March 17, 2008, at which time all. concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated April 14, 2008, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected acid will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Orduiance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 6309 Dempster Street, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow adrive-thru facility subject to the following conditions and restrictions which shall be binding on the ownersllessees, occupants and users of this property, their successors and assigns for the duration of the special use: l . The proposed drive-through restaurant be constructed in accordance with the site plan dated January 25, 2008, with the access to be reviewed and approved by the Village Engineer and IDOT; 2. The proposed drive-through restaurant be granted a parking variation of nine (9) parking spaces pursuant to the justification articulated in the report and analysis performed by KLOA, Inc. dated March 3, 2008; 3. The proposed drive-through restaurant be constructed in general accordance with the elevations dated February 2008 and landscape plan dated January 29, 2008, with final approval to be determined by the Morton Grove Appearance Commission; 4. The floor plan conform in size to that shown on the site plan dated January 25, 2008, with a maximum seating capacity of fifty-five; 5. The outer lane closest to Callie Avenue not be used for stacking for the purposes of awaiting, ordering, or pick-up acid be designated as a bypass lane adjacent to the drive-thru lane; 6. All deliveries take place during off-peak hours; 7. All engineering plans be reviewed and approved by the Village Engineer; 8. All snow be stored in planting areas or hauled off-site so parking stalls are not blocked; 9. The parking space in front of the trash enclosure and the first space at the northwest corner of the site be reserved and used by employees and identified as such by signage pursuant to the markings on the site plan dated January 25, 2008; 10. The burning bush on the landscape plan be replaced with another species plant, subject to review and approval of the Appearance Commission; and 11. All Village Codes and Ordinances be met. SECTION 3: A variance is hereby granted for relief from Unified Development Code Section 12-7- 3I2x in order to allow a parking variation of nine spaces (a total of 26 spaces shall be provided on the site). SECTION 4: The owners, lessees, occupants, and users of 7913 Golf Road, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the puzposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The ApplicandOwner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 14`" day of April 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 15`" day of Apri12008. Richard Krier, Village President Village of Morton. Grove Cook County, Illinois APPROVED and FILED in my office this 15`" day of Apri12008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" ~iTi~la~~ of ~It~rt®~ Planning Commission Zoning Board of Lippeals April 14, 2008 Village President Members of the Board of Trustees 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Vi]lage Board: On March 17, 2008, a public hearing was conducted by the Morton Grove Plan Commission, after a legal notice was published in The Champion newspaper on February 28, 2008, written notification sent to property owners within 250 feet, and a sign posted on the property, as required by ordinance regarding: Plan Commission Case PC07-12, wherein the applicant McDonald's USA, LLC, 4320 Winfield Road, Suite 400, Warrenville, Illinois 60555, requested a Special Use Permit for adrive-tluough facility and a parking variance for the property at 6309 Dempster Street. Ms. Bonnie Jacobson, Planner, summarized the case for the Village. She indicated that McDonald's intends to completely rebuild their facility with an improved traffic pattern and more modem building. She indicated that the new building will actually be smaller than the existing building, and will house approximately 55 seats and a dual order drive-through lane. The new site plan also depicts a bypass lane around the building and a single widened entrance allowing both left and right hand turns. She noted that the applicant is requesting a nine car parking variation that they believe is justified through a reduced dining room size, more efficient drive-tluough and existing traffic volumes. Ms. Jacobson noted staff concerns regarding traffic flow and building floor plan and read proposed conditions for the Plan Commission to consider. Mr. Rich Neubauer, Rebuild Manager from McDonald's and Ms. Sue Coimelly the owner/operator, spoke on behalf of the applicant. They both indicated that they were concerned about staffls condition regarding the restriction on the voice activated ordering system during night time hours. Ms. Connelly indicated they are open from 5:00 a.m. to 11:00 p.m. on weekdays and midnight on weekends, and have never had a complaint. Mr. Neubauer added that they are proposing a 24-hour facility and locating the ordering boards further from the residential lot line than they are now. The system technology is also improved and adjusts in volume relative to ambient noise. The volume can also be manually reduced if it is a problem. Mr. Neubauer then presented same of the changes in the site plan from the current situation and explained how the operation is improved. He noted there is currently only room for two cars to exit from the drive- through on to Dempster Street and if Dempster is busy the entire system breaks down. The new site plan allows for more cars to stack and a circular traffic flow. The new plan shows two ordering stations, a pay station and pickup station which will also make the drive-through more efficient. They will be adding twenty-tluee percent more landscaping to the site and constructing a more modern fagade made of masonry and E.LF.S. They are requesting a nine car parking variation which they believe is justif ed due to a thirty-eight percent reduction in the size of the dining room and increased efficiency for the drive- through. Mr. Neubauer cited other loocations wh7i'c'h have been rebuilt that have actually less parking than what is being proposed, with six~i~i~i~1~~s~'1i~K1~~T ~r~~~'~v~r~~e~ad a problem. 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (847) 965-4162 (iccycl ed Paper Mr. Luay Aboona, KLOA, Inc., the applicant's traffic engineer reiterated the justification for the parking variance. He noted that his firm conducted parking counts at various times, for breakfast, lunch and dinner, and only during one fifteen minute time segment was the parking lot ever full. He opined that with the reduction in seating and improved circulation for the drive-through, parking is adequate. He also added that IDOT already approved the access to the site allowing both left and right hand turns out of the site. The Plan Commissioners questioned the applicant's representatives on how they were addressing foot traffic from the park, the right-turn only lane on to Callie and the adequacy of the width of the driveway. Mr. Aboona and Ms. Connelly responded that they are providing bike racks and keeping the dining room to accommodate traffic from the park and forest preserve and that the right turn on Callie will offer a relief valve for the drive-through lane backups. The proposed driveway is thirty-five feet wide, and can accommodate the access. The Commissioners questioned Captain Porter and Mr. Hildebrandt regarding their concerns on the floor plan. They responded that the layout may or may not need to change to accommodate the fire sprinkler controls and the water feed to the controls. Thus, the recommended staff condition locks in a building footprint and maximum seating area but not an actual floor plan, so that the issues can be addressed at a later time. There were several concerned parties who spoke regarding this case Mr. Rolando Pasia of 8730 Callie Avenue lives adjacent to the McDonald's and said that he has not had any problems regarding noise from McDonald's. He is concerned that the noise will increase in the summer, but after hearing from the applicant that the ordering stations are further away and the technology will be changed to a directional voice-activated system, he is not as concerned. Mr. Bill Lukshaw asked if there was enough screening to protect the neighbors. The applicant responded that the current screening situation does not change from the existing -there is a fence and pine trees. Mr. Eric Poders spoke regarding creating community awareness with the trustees on the landscaping, and Ms. Nancy Lanning was concerned about speeding and throwing of debris down Callie Avenue. Mr. Bill Simkins was especially concerned about the parking variation and customer parking for trucks. He commented that the trucks who wish to patronize McDonald's currently cannot fit on the site, so they illegally park on Callie Avenue or in his parking lot. He commented that he did like the added driveway on Callie because it would minimize the space where trucks can illegally park. Mr. Neubauer responded that they would love to have more room on the site to put more parking, but they don't. Ms. ConneIIy said that she was unaware of the problem and will do her best to address it with Mr. Simpkins. The Plan Commission discussed the option of removing the condition with the hour restriction on the voice-operated ordering system based on the applicant's testimony, and limited concern raised by the neighbor. Further, Mr. Hildebrandt indicated the police could enforce a noise complaint if there ever was a problem. The Plan Commission also discussed the new traffic circulation and at Commissioner Shimanski's suggestion, decided that the outer lane along Callie not be used for car stacking so that cars could effectively circulate through the site. Therefore, Commissioner Roepenack moved, which Cornrnissioner Shimanski seconded, to approve a Special Use Permit for adrive-through facility and a nine car parking variation for 6309 Dempster Street, subject to the following conditions: 1. That the proposed drive-through restaurant be constructed in accordance with the site plan dated 1 /25/08 with the access to be reviewed and approved by the Village Engineer and IDOT; 2. That the proposed drive-through restaurant be granted a parking variation of nine (9) parking spaces, pursuant to the justification articulated in the report and analysis performed by KLOA, Inc. dated March 3, 2008; 3. That the proposed drive-through restaurant be constructed in general accordance with the elevations dated 02/08 and landscape plan dated 1/29/08, with final approval to be determined by the Morton Grove Appearance Commission; 4. That the floor plan conform in size to that shown on the site plan dated 1/25J08 with a maximum seating capacity of fifty-five; 5. That the outer lane closest to Callie Avenue not be used for stacking for the purpose of ordering, and be designated as a by-pass lane adjacent to the drive-through lane; 6. That all deliveries take place during off-peak hours; 7. That all engineering plans be reviewed and approved by the Village Engineer; 8. That all snow be stored in planting areas or hauled off-site so that parking stalls are not blocked; 9. That the parking space in front of the trash enclosure and the first space at the northwest corner of the site be reserved and used by employees and identified as such by signage pursuant to the markings on the site plan dated 1/25/08; 10. That the burning bush on the landscape plan be replaced with another species plant, subject to review and approval of the Appearance Commission; and 1 1. That all Village Codes and Ordinances be met. The motion carried: Yes 5; IvTo 0; Absent 2 The voting: Chairman Farkas Absent Commissioner Dorgan Yes Commmissioner Gabriel Yes Chairman Pro Tem Gattorna Yes Commissioner Patel Absent. Commissioner Roepenack Yes Commissioner Shimanski Yes The "Findings of Fact" for PC07-12 relative to the seven standards by which a Special Use is evaluated is attached to this report: Respectfully Submitted, ohn Gattorna Chairman Pro Tem Commdev/zoning/ptaneoimn~pc07-12 report Findings of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unified Development Code upon which the Plan Commission based its decision. 1. Preservation of Dealth, Safety, Morals and Welfare -The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The Plan Commission concluded that the proposed drive-through operation and the granting of a nine-space parking variation will not be detrimental to or endanger the public health, safety, morals or welfare. 2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed drive-through operation will not be injurious to the use and enjoyment of neighboring properties. The applicant testified that the new voice activated ordering system is located further away from the adjacent residential neighbor than it is now, and with better technology relative to sound, should not have a detrimental effect on the neighbors. The adjacent neighbor confirmed that he has no problems from McDonald's. Regarding any potential negative effect on the adjacent commercial neighbor, the applicant agreed to help deter her customers from parking in his lot. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. The existing property is located within the C1 "Commercial" zoning district, and the rebuild of the facility with the improved drive-through will not impede the normal and orderly development of the other uses in this district. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed rebuild and drive-through actually improves the facilities compared to the way they exist now, in terms of access and utilities. A condition which allows some flexibility in the floor plan will allow for adequate fire protection to be provided. 5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. Afrer much testimony and discussion, the Plan Commission concluded that adequate measures have been taken to minimize traffic congestion on public streets. They concurred with the applicant's traffic assessments that parking will be adequate and approved the parking variation. They also added a condition limiting one lane to being a bypass lane so that cars can better circulate around the site and not negatively impact the local street system. 6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The existing buffering of a fence and tall pine trees will remain in place and based on testimony from the adjacent neighbor, it is adequate. The site meets all Village regulations for screening of paved ground surfaces. Conformance to Other Regulations -The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit. The proposed Special Use will be required to meet all Village Codes and Ordinances except that anine-car parking variation was sought and. granted by the Comrnission. The Plan Commission concluded that the variation was warranted based on the applicant's and Traffic Engineer's testimony relative to the reduction in size of the dining room, the existing traffic counts and the experience of similar facilities. Comdev\zoning`,plancom\pc07-12 findings of fact McClonad's Corparacion A320 Winfield Raad Suite 400 Warulvitie, lL 60555 Phonc: 630-836-4939 Fax; 630-836-4804 Date: March 27, 2008 Mr. Richard Krier Mayor of Morton Grove Dear Mayor Krier, As you know, McDonald's Corporation, is currently going through the process of obtaining the approval of the Village to rebuild our existing restaurant at 6309 Dempster in order to make it more customer friendly with a new state-of-the-art building design. and much improved site circulation as well as a new double drive-thru ordering system. We just were approved at the Plan Commission meeting with a unanimous approval vote and now are going onto the Board of Trustees on April 1~#s'. I would respectfully ask your permission to waive the second reading if possible so that we may move this project along, especially in light of the unanimous vote with the Plan Commission. It has been a pleasure working with your Village and would appreciate your consideration in this matter. Sincerely, Ri~bauer Rebuild Manager McDonald's Corp. Legislative Summary Resolution 08-24 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 6400 CHESTNUT STREET, MORTON GROVE, ILLINOIS Introduced April 14, 2008 Objective To authorize the purchase of property commonly known as 6400 Chestnut Street which is located within the LehighfFerris TIF District Purpose: This property will be land banked for future redevelopment and/or commuter parking and/or infrastructure improvements. Background: Since the creation of the Lehigh/Ferris TIF District in 2000, the V illage has acquired numerous pieces of property for possible future development. The property located at 6400 Chestnut Street is directly across from the Metra Station and recently became available for purchase. Following Board direction, Village staff has negotiated a contract with the owner and Mayor Krier has signed the contract subject to Village Board approval. The terms of the contract include: 1. The Purchase Price $370,000, 2. Closing on or before April 30, 2008, 3. Property subject to two leases, one expires May 31, 2008, 4. The other lease to expires on December 3l, 2008, with athree-year option to renew; and Funds for the purchase and. acquisition of this property are contained. in the 2008 Budget, in the Lehigh/Ferris TIF District Fund. The Village has also negotiated a lease termination agreement for the tenant who has a lease through December 31, 2008, with athree-year option. That termination agreement is being presented contemporaneously to the Village Board for its approval. Programs, Departments Finance Department, Village Administrator, Legal Department, Community and or Groups Affected Economic Development Fiscal Impact: $370,000 Source of Funds: Funds have been budgeted for in the Lehigh/Ferris TIF District Fund. Workload Impact: Cotporation Counsel will handle the closing of this transaction as part of her normal workload. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Administrator Approval ylf U'i WG~ ~ Jose !P. Vdade, Village Administrator /~Q Prepared by: !~`cx"~'~ ~ ~ ~~~"' Reviewed by: E~~` L ~~c Teresal Hoftmdn i `t n`~ Corporation Counsel Bi I Neuendorf, ommun~ & conomic Development Director Resolution 04-24 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTY COMMONLY KNOWN AS 6400 CHESTNUT STREET, MORTON GROVE, ILLINOIS WHEREAS, the Vi]lage of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of govermment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the property commonly known as 6400 Chestnut Street, Morton Grove, Illinois 60053 is located in the Lehigh/Ferris TIF District; and WHEREAS, to date, as part of the Lehigh/Ferris Redevelopment Plan, the Village has acquired and land baalked certain properties inclose proximity to the Metra Train Station for infrastructure improvements and/or additional parking and/or future redevelopment; and. WHEREAS, the it is in the best interest of the Village of Morton Grove to acquire the property commonly known as 6400 Chestnut Street, Morton Grove, Illinois 60053 to be land banked as stated above; and WHEREAS, the Village, in its 2008 budget, appropriated sufficient funds for the purchase and acquisition of this property; and WHEREAS, the cost to acquire this property shall be paid from the Village's Lehigh/Ferris TIF District Fund; and WHEREAS, the Village President and the owner of the property have entered into a "Contract" for the purchase of the property subject to the approval of the Village Board of Trustees; and WHEREAS, the terms of the contract include: 1. The Purchase Price $3'70,000, 2. Closing on or before Apri130, 200$, 3. Property subject to two leases, one expires May 31, 2008, 4. The other lease to expires on December 31, 2008, with athree-year option to renew; and WHEREAS, the Village has negotiated a tease termination agreement with the above referenced Lessee subject to the approval of the Village Board of Trustees. NOW, THEREFORE BE IT RESOLVED BY TI-IE PRESIDENT AND BOARD OF TRUSTEES OP THF, VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L• The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth herein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby authorized to execute a contract for the purchase of that property commonly known as 6400 Cheshlut Street, Morton Grove, Illinois for the sum of $370,000 with a closing to occur on or about Apri130, 2008. SECTION 3: The Corporate Authorities of the Village of Morton Grove hereby approve the contract executed by the Village President and the owner of the property of 6400 Chestnut Street for the purchase of said property, a copy of which is attached hereto as Exhibit "A". SECTION 4: The Village Administrator, Corporation Counsel andlor their designees are hereby authorized to prepare, execute, and deliver any documents or take any steps necessary to purchase said property pursuant to the contract executed by the Village President. SECTION 5: This Resolution is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed by the constitution of the state of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 6: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 14t" day of Apri12008. Trustee Brumler Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmaim Trustee Thill APPROVED by me this 14`" day of April 2008. Richard K~•ier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 15`" day of April 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois l.esis\res\2008V6400 ches"m[ purchase CONTRACT FOR THE PURCHASE OF 6400 CHESTNUT STREET, MORTON GROVE, ILLINOIS BETWEEN THE VILLAGE OF MORTON GROVE AND The VILLAGE OF MORTON GROVE, a municipal corporation and a home rule unit of government located in Cook County, Illinois ("Village') hereby agrees to purchase and , ("Seller) hereby agrees to sell that property commonly known as 6400 Chestnut Street, Morton Grove, Illinois and legally described in Exhibit A and all improvements thereon ("the real estate") pursuant to the following terms and conditions: 1) PURCHASE PRICE: The Village shall pay Seller the sum of Three Hundred Fifty Thousand dollars ($370,000) be paid as follows: A Within two (2) business days of the execution and delivery of this Agreement, Buyer shall deposit with the Seller or its designated agent the sum of Two Thousand Five Dollars ($2,500.00) as and for "Earnest Money"; within two days after the expiration of aII contingency periods the Seller shall increase the earnest money to ten percent (10%) of the purchase price. B Payment at Closing. The balance of the Purchase Price, as adjusted by agreed or customary credits and prorations including tax prorations, security deposits, and unpaid utilities shall be paid in good funds at Closing. 2) CLOSING: The Closing shall take place on April 30, 2008 or such other times as the parties agree, in writing at such place as shall be agreed mutually by the Parties in writing. 3) CONTINGENCY PERIOD AND INSPECTIONS. A Within five (5) business days of the full execution and delivery of this Agreement, Seller shall make available to Buyer for Buyer's inspection, copies of all leases, security agreements, rent rolls, surveys, environmental reports, soils tests, maps and plats for the subject property. B This contract is subject to the approval of the parties' attorneys within five business days from the Contract date specified below (the "attorney approval period"). The contract shall be deemed approved unless a party serves written notice of disapproval upon the other party during the attorney approval period. C Buyer and its agents shall have the right for thirty days after the attorney approval period has expired and this contract has been approved by the Village Board of Trustees (the "Contingency Period") to conduct, at Buyer's sole cost and expense and subject to the terms hereof, its "Inspection" of the Subject Property which may include without limitation physical inspections of the Subject Property, surveys, soils tests, site analyses, engineering studies, examinations of the building and improvements thereon (including structural and mechanical tests) environmental studies and investigations and appraisals. D Prior to the expiration of the Contingency Period, upon written notification to Seller, Buyer may terminate this Agreement for any reason, and in such event, the Earnest Money (and any interest earned thereon) shall be returned to Buyer. E Seller represents and warrants that currently there are only four (4) tenants occupying the building: (a) one lease expires on May 31, 2008, (b) one lease expires on December 31, 2008 subject to a three year option and (c) two tenancies are on a month to month basis. This contract is contingent on Buyer's ability to negotiate an amendment to the lease described in section (b) of this. paragraph so that the lease is no longer subject to a three (3) year option and the lease terminates on before December 31, 2008. F Upon the termination of the contingency period, the Earnest Money (and any interest earned thereon) shall become non-refundable except in the event of a default by Seller, and shall be applied to the Purchase Price at the closing. 4) TAX PRORATIONS: At closing, Seller shall pay and prorate 2007 and 2008 real estate taxes at 110% of the 2005 tax bill through the date of closing. 5) TITLE: At Seller's expense, Seller will deliver or cause to be delivered to the Village within five (5) days in advance of Closing, as evidence of title in Seller, a title commitment for an ALTA title insurance policy in the amount of the Purchase Price with extended coverage by a title company mutually acceptable to the parties issued on or subsequent to the Date of Acceptance of this Contract, subject only to items listed in Paragraph 7. The parties shall each pay their respective usual and customary share of the additional title charges and the parties shall equally pay for any deed in money closing escrow incurred as a result of this transaction. If the title commitment discloses any exceptions not acceptable to Buyer, then Seller shall have said exceptions or encroachments removed, or have the title insurer commit to insure against loss or damage that may be caused by such exceptions or encroachments. If Seller fails to have unpermitted exceptions waived or title insured over prior to Closing, Buyer may elect to take the title as it then is, with the right to deduct from the Purchase Price prior encumbrances of a definite or ascertainable amount as agreed by the parties. Seller shall furnish Buyer at Closing an Affidavit of Title covering the date of Closing, and shall sign any other customary forms required for issuance of an ALTA Insurance Policy. 6) SURVEY. Within seven days prior to closing, Seller shall furnish a staked ALTA survey dated within 90 days of closing showing all boundaries, rights of way, easements, and set back Tines and evidencing that the property is free of all encroachments, or in the alternative a survey dated no earlier than June 1, 2007, and an affidavit by seller stating there are no known changes to the property affecting said survey. 7) DEED: Seller shall convey or cause to be conveyed to the Village good and merchantable title to the Real Estate by recordable general Warranty Deed subject only to: general real estate taxes not due and payable at the time of Closing, covenants, conditions, and restrictions of record, building lines and easements, if any, so long as they do not interfere with the current use and enjoyment of the real estate. 8) POSSESSION: At closing, the property shall surrender the property devoid of tenants and free and clear of any leases except for those leases disclosed to the Buyer pursuant to paragraph 3(A), and five days prior to closing, Seller shall submit evidence to Buyer that all tenants have received written notice that such leases shall expire at the expiration of said lease term, the all month to month tenancies shall terminate on May 31, 2008 and no leases shall be renewed or extended. 9) SELLER REPRESENTATIONS: Seller represents that all leases and tenancies have been fully disclosed to Buyer, that Seller has not received written notice from any Governmental body of (a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or (c) a proposed or confirmed special assessment and /or special service area affecting the Real Estate. Seller further represents that Seller has no knowledge of boundary line disputes, easements or claims of easement not shown by the public records, any hazardous waste on the Real Estate or any improvements for which the required permits were not obtained. 10) DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing of the subject property, or any part thereof shall be destroyed or materially damaged by fire or other casualty, either party shall have the option to terminate this Contract, upon written notice given to the other party within ten (10) days after such material damage. If the foregoing option to terminate is not exercised, this Contract shall continue in full force and effect. 11) DEFAULT: Seller shall be responsible for all damages, reasonable costs and expenses including attorney's fees due to the failure of the Seller to comply with the terms of the purchase agreement. Puge 2 of 3 The Village shall be responsible for all damages, reasonable costs and expenses, including attorney's fees incurred by the Seller, in excess of any earnest money retained by Seller due the failure of the Village to comply with the terms of the purchase agreement. 12) NOTICE: All notices required shall be in writing and shall be delivered by personal deliver; by certified mail, return receipt requested which shall be effective on the date of mailing; or by sending facsimile transmission which shall be effective as of date and time of facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A. M. to 5:00 P. M. Chicago time). In the event fax notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission. Notices to the Seller shall be mailed or faxed to ,Illinois; fax: Notices to the Village shall be mailed or faxed to Teresa Hoffman Liston, Corporation Counsel, 6101 Capulina Avenue, Morton Grove, Illinois; fax: 847-965-4162. 13) MISCELLANEOUS: A Time is of the essence of this Contract. B The Seller shall pay for all County, State and Municipal transfer taxes. C All terms and provisions of this Contract shall be governed by the laws of the State of Illinois and are subject to the covenant of good faith and fair dealing implied in all Illinois contracts. D The terms of this contract and all related negotiations shall be kept confidential to the extent allowed by law until the end of the contingency period. The parties agree to comply with the reporting requirements of the applicable sections of the Internal Revenue Code and the Real Estate Settlement Procedures Act of 1974, as amended. This Agreement has been executed as of (the Contract date). THIS CONTRACT SHALL NOT BE BINDING UNTIL IT HAS BEEN APPROVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MORTON GROVE. "Seller' By: BY Name: Name: Title: Title: Attest: Attest: By: BY Name: Name: Title: Title: "Buyer" Village of Morton Grove, Illinois Admin econ dev\lehigh-ferric TIF\64D0 Chestnut contract 04-OS Page 3 q f 3 Legislative Summary Resolution 08-25 AUTHORIZING A LEASE TERMINATION AGREEMENT WITH GPG 8c ASSOCIATES, LLP AND GERARD P. GANGLOFF FOR THAT PROPERTY COMMONLY IGVOWN AS 6400 CHESTNUT STREET, SUITE 2, MORTON GROVE, ILLINOIS Introduced April 14, 2008 Objective To authorize a lease terminatiai agreement for the property commonly known as 6400 Chestnut Street, Suite 2 which is located within the Lehigh/Ferris TIF District Purpose: This agreement is necessary to terminate existing tendencies for this property so the building can be demolished. Background: Since the creation of the Lehigh/Ferris TIF District in 2000, the V illage has acquired numerous pieces of property for possible future development. The Village has or will acquire 6400 Chestnut Street which is directly across the street from the Metra Station. The property is vacant except for two tenants; one tenaf~t's lease expires on May 31, 2008, and the other tenant's lease expires on December 31, 2008, subject to a three-year option. The Village plans to demolish the property as soon as it is vacant. Village staff has negotiated a lease termination agreement. The terms of this agreement include the following: ]. The lease shall expire on May 37, 2008. 2. The lessee's obligation to pay rent shall also expire on May 3l, 2008. 3. Lessee shall have the right to the use and possession of the premise so long as Lessee maintains hazard insurance, and holds the Village harmless from acts which may arise out of the Lessee's use of the property. 4. Upon vacating the premise, lessee shall receive a payment between $ l 5,000 and $21,600 depending on when the premise is vacated. Programs, Departments Finance Department, Village Administrator, Legal Department, Community and or Groups Affected Economic Development Fiscal Impact: $15,000 to $21,600 depending on when the premise is vacated. Source of Funds: Funds have been budgeted for in the LehighJFerris TIF District Pund. Workload Impact: Corporation Counsel will handle the lease termination agreement as part of her normal workload. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Administrator Approval Prepared by: Teresa ~~ ~u~ tde, Village Administrator c,- Counsel Reviewed bv: 2 ill Neuendorf, C mmu city & Economic Development Dir etor Resolution 08-25 Ai1THORIZING A LEASE TERMINATION AGREEMENT WITH GPG & ASSOCIATES, LLP AND GERARD P. GANGLOFF FOR THAT PROPERTY COMMONLY KNOWN AS 6440 CHESTNUT STREET, SUITE 2, MORTON GROVE, ILLINOIS 60053 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 or will acquire that property commonly known as 6400 Chestnut Street, Morton Grove, Illinois; and WHEREAS, upon taking ownership of the property, the prior owner has or will assign its interest in a certain lease between the prior owner and GPG & Associates, LLP and Gerard P. Gangloff (hereinafter referred to as Lessee); and WHEREAS, said lease is for Suite 2 of the property and runs through December 31, 2008, with an option to be exercised by the Lessee for a three additional year term; and WHEREAS, the Village plans to demolish the structure on the property and use the site for future development and/or Metra parking and/or infrastructure and roadway improvements; and WHEREAS, the Village and the Lessee have entered into an agreement to terminate this lease. Under the terms of this agreement the Lessee shall vacate the premise by no later than December 31, 2008; and WHEREAS, the terms of this agreement include the following: 1. The Lease shall expire on May 31, 2008. 2. The Lessee's obligation to pay rent shall also expire on May 31, 2008. 3. Lessee shall have the right to the use and possession of the premise so long as Lessee maintains hazard insurance, and holds the Village hamlless from acts which may arise out of Lessee's use of the property. 4. Upon vacating the premise, Lessee shall receive a payment between $15,000 and $21, 600 depending on when the premise is vacated. WHEREAS, the Village Board of Trustees deems the execution of this ]ease is in the best interest of the Village. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION L• The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute a lease tcrmhzation agreement between the Village and GPG & Associates, LLP and Gerard P. Gangloff under terms and conditions substantially similar to that lease termination agreement attached hereto as Exhibit "A". SECTION 3: The Village Administrator and his designee are hereby authorized to take any and all actions which are reasonable or necessary to implement and enforce all provisions of said Lease Agreement. SECTION 4: This resolution is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, in the fullest extent allowed by the constitution of the state of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 5: This Resolution shall be in full force and effect from and after its passage and approval. PASSED this 14`x' day of Apri12008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14`h day of April 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 14`x' day of Apri12008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois LEASE TERMINATION AGREEMENT By and Between UPG & Associates, LLP, Gerard P. Gangloff, and the Village of Morton Grove WHEREAS, Faire Properties Located at P.O. Box 823, Wheaton, Illinois 60189 (hereinafter referred to as Lessor) and GPG & Associates, LLP an Illinois Limited Liability Partnership and Gerard P. Gangloff (collectively referred hereinafter as Lessee) currently are parties to an office lease for Suite 2, 6400 West Chestnut Street, Morton Grove, Illinois 60053 (hereinafter referred to as the premise) dated November 21, 2005, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, said lease terminates on December 31, 2008, subject to Lessee's option to renew the lease for an additional tlu•ee year term; and WHEREAS, Lessor and the Village of Morton Grove, an Illinois Municipal Corporation and home rule unit of local government in the State of Illinois (hereinafter referred to as the Village) have entered into a contract for the purchase of 6400 West Chestnut Street, Morton Grove, Illinois 60053 (hereinafter referred to as the property); and WHEREAS, closing on said contract is anticipated on April 30, 2008; and WHEREAS, upon the closing of the above contract, Lessor will assign its interest in the lease between Lessor and Lessee to the Village; azrd WHEREAS, the Village and Lessee have agreed to terminate the Lease effective May 31, 2008, pursuant to the teens and conditions set forth in this agreement; and WHEREAS, Lessor consents to this agreement. NOW, THEREFORE, it is hereby agreed by and among fhe parties that the lease dated November 21, 2005, by and between Paire Properties and GPG and Associates, LLP, and Gerard P. Gangloff for that premise commonly known as Suite 2, 6400 West Chestnut Street, Morton Grove, Illinois 60053 is hereby amended as follows: 1. Except as specifically provided in this agreement, the parties rights and obligations under the lease shall terminate on May 31, 2008. 2. Lessee shall have the right to the use and possession of the premise free of any obligation to pay rent through December 3l , 2008, so long as Lessee continues to maintain hazard and public liability insurance pursuant to the terms and conditions set forth in paragraph 10 of the lease, and Lessee agrees to indetmlify and hold the Village harmless from any act which may arise out of Lessee's use and possession of the premise until he vacates same. Said use and possession shall not be construed to create alandlord/tenant relationship between the Village a~ld Lessee. 3. Lessee shall be responsible 'for all repairs and maintenance with respect to the premise while he remains in possession of the premise and the Village will have no obligation with respect to same. 4. Lessee's security deposit in the amount of one thousand two hundred dollars ($1,200) shall. be returned to the Lessee within thirty (30) days after Lessee vacates the premise, so long as Lessee has vacated the premise on or before December 31, 2008, and Lessee has satisfied all of its obligations under this agreement. 5. Should Lessee vacate the premises on or before June 30, 2008, the Village shall pay the Lessee an additional sum in The amount of twenty-one thousand six hundred dollars ($21,600). Should Lessee vacate the premise between July 1, 2008, and September 30, 2008, the Village shall pay to Lessee an additional sum in the amount of eighteen thousand dollars ($18,000). Should Lessee vacate the premise between October 1 and October 31, 2008, the Village shall pay to the Lessee an additional sum in the amount of $17,000. Should Che Lessee vacate the premise between November I aitd November 30, 2008, the Village shall pay to the Lessee an additional sum in the amount of $16,000. Should the Lessee vacate the premise between December 1 and December 31, 2008, the Village shall pay to the Lessee an additional sum in the amount of $15,000. 6. This agreement is contingent upon the Village acquiring Title to the property. THIS CONTRACT SHALL NOT BE BINDIIS'G UNTIL IT HAS BEEN APPROVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF PvIORTON GROVE. Executed this day of , 2008. LESSOR: LESSEE: Faire Properties Gerard P. Gangloff, individually and as authorized representative of GPG & Assoc., LLP sy: By: Authorized Representative Gerard P. Gangloff VILLAGE OF MORTON GROVE By: _~~~r~~~ (~E 7os h F. ade, Village Achninistrator. Admin econ devUehioh rereis TIF\6400 Chestnut lease agreemenC 03-08 Legislative Summary Resolution 08-28 AUTHORIZING EXTENDING MEMBERSHIP IN THE INTERGOVERNMENTAL PERSONNEL BENEFIT COOPERATIVE Introduced: April 14, 2008 Synopsis: This resolution will authorize continued membership in the Intergovermnental Personnel Benefit Cooperative (IPBC) for athree-year period beginning July 1, 2008. Purpose: To continue providing cost effective health and life insurance benefits to Village employees and retirees. Background: With the increasing cost of health and life insurance benefits local governmental entities have entered into au IPBC to administer health and life benefit programs. The Village closely examined the cooperative and private market offerings in November 2006 and it has determined IPBC was an appropriate means of providing these benefits to Morton Grove Village employees and retirees. Currently there are 45 participating local communities in the cooperative. Supplemental information is attached. Programs, Departments Finance Department or Groups Affected FiscalImpact: The Village anticipates a stabilization of future rate increases through membership in the IPBC by RATES =FUNDING =BUDGET. Source of Funds: Budgeted expense for 2008. Workload Impact: The Finance Department will implement and oversee this contract as part of its normal workload. Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or None Requirements: Respectfully submitted: ~dl `' i ~~ Joseph F. W de llage Administrator Prepared by~_ C c Daivela Partipilo, Finance- irector/Tr asurer RESOLUTION 08-28 AUTHORIZING EXTENDING MEMBERSHIP IN THE INTERGOVERNMENTAL PERSONNEL BF,NEFIT COOPERATIVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government wider 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 "Intergovernmental Cooperation Act. "5 ILCS 220/1 et.seq. authorizes units of local government to exercise any power or powers, privileges or authority, which may be exercised by a wait of local government individually, to be exercised and enjoyed jointly with any other unit of local government in the State; and WHEREAS, units of local government within Illinois including the Village of Morton Grove have found it increasingly expensive to provide health and life insurance benefits to their employees and retirees; and WHEREAS, this municipal corporation is a Member of the Intergovernmental Personnel Benefit Cooperative, ("IPBC"), which is an intergovernmental entity providing employee benefits to the employees and retirees of this municipality; and WHEREAS, through its membership in the IPBC, this municipal corporation gains the ability to achieve economies of scale in the administration of the benef t claims of its requisite Members and the other benefits of membership provided for in the Contract a11d By-Laws of that Cooperative; and WHEREAS, the Contract and By-Laws of the IPBC provide that the IPBC shall operate in three (3) year cycles with the governing board of each Member, including the governing board of municipal corporation Members, being required to pass an ordinance or resolution agreeing to continue as a Member for the new three-year cycle; and WHEREAS, failure to pass a timely ordinance or resolution agreeing to continue as a Member, at least sixty (60) days before the commencement date of a new three-year cycle shall constitute a withdrawal. from the Cooperative; and WHEREAS, the next three-year cycle of the Cooperative commences on July 1, 2008; and WHEREAS, the Mayor and Village Board of the Village of Morton Grove have determined it is in the best interest of the Village to continue as a Member of the Cooperative for the three-year cycle commencing on July 1, 2008, provided that an adequate number of other Members of the Cooperative, as is set forth within the Contract and By-Laws document, also agree to continue as Members for the next three-year cycle; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT A1V'D BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the forgoing WHEREAS clauses into this Resolution as though fully set forth therein making the findings as hereinabove set forth. SECTION 2: This municipal corporation shall continue as a member of the Intergovermmental Personnel Benefits Cooperative for an additional three-year (3) period commencing on July 1, 2008 and extending through June 30, 2011. SECTION 3: The obligation of this municipal corporation to be a Member of the Intergovernmental Personnel Benefits Cooperative shall obligate this municipal corporation to make financial contributions to the hitergovenvnental Persomnel Benefits Cooperative only to the extent required from time-to-time by the Contract and By-Laws of the IPBC and authorized therewith by the Board of Directors or the Executive Committee. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 14`h day of April 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaclcmann Trustee Tlull APPROVED by me this 14`h day of April 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 15`h day of April 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois April 1, 2008 T0: Richard Krier, Village President Village Board of Trustees Joseph F. Wade, Village Administrator FROM: Daniela Partipilo, Finance Director Nancy Pankiw, Human Resource Coordinator RE: Intergovernmental Personnel Benefit Cooperative (IPBC) In the fall of 2006, staff recommended that the Village join IPBC to fund and oversee the life and health programs offered by the Village to its employees and retirees. The IPBC, with 45 member municipalities and 20,000 total covered persons, provides economies of scale and structural funding advantages which allow the Village's programs to be more budgetable, predictable and stable. The Village did not have to change its plan offerings (PPO or HMO), health insurance provider (BC/BS) nor have any unilateral mandates imposed for membership. IPBC bylaws mandate that all member municipalities seek a new 3 year term adopted through board resolution. The three year membership provides stability and predictability to the whole and participating members. This report will cover the PPO and HMO programs along with an overview of the Village's position PPO The Village joined IPBC on January 1, 2007. Since the cooperative operates on a July fiscal year, the Village was offered an 18-month rate guarantee ending June 30, 2008. The Village is experiencing its first renewal in IPBC. The initial rate adjustment to the Village of Morton Grove will be 10.5%, effective July 1, 2008. Exhibit 1 and 2 illustrates the recent history of IPBC and includes the annual national health care trend factors (inflation) that all employers must anticipate. In this light, the Village could have expected anywhere from a 15 -18% adjustment after the initial 18 months. While some of the results are a product of the cooperative, other factors include plan design initiatives specific to Morton Grove negotiated through the collective bargaining process. Other factors to note are the cooperative's overriding financial strength and its commitment to the equation of RATES =FITNDING =BUDGET, which ensures that the Village need not use the general fund should an wiexpected loss occur. HMO The pool will experience a 5.4% adjustment in its HMO programs for the 2008-2009 plan year. The cooperative's HMO adjustment as noted in Exhibit 2 is also well below the prevailing medical trend in the marketplace. The Village has less than L O% of its population in this program while the average municipality in the cooperative has 40% of its population in the HMO. Given that Blue Cross doctors and hospitals must sign contracts to be in both the HMO and PPO to be a network provider, the Village must explore how to move employees into the HMO environment which will be more cost efficient for both the employee and the Village. Benefits of Membership in Pools and Cooperatives Membership in the IPBC reduces The risk exposure to the cooperative's members. It also provides for flexibility of plan design structures which have already been implemented Jarmary 1, 2008 with further changes due July 1; 2008, as contractually negotiated. Claim costs, while they affect renewal, are buffered over time. The pool uses a 24-month rolling claim experience. However, this renewal covers only a 12-month rolling claim experience for the Village of Morton Grove. With continued membership in IPBC and more claim experience, the Village should realize the stability of premiums that more mature members are experiencing. Historically, as noted in the attached graphs, IPBC experience has compared favorably to national health trends. IPBC is financially sound and is actively managed by its membership. The cooperative continues to grow, having recently added the City of DeKalb and City of Highland Park (See Exhibit 3). While the Village has made considerable changes to the cun~ent plan design with the ratification of the collective bargaining agreements, we will continue exploring strategies to control costs. In conclusion, staff recommends extending membership in the Intergovernmental Personnel Benefit Cooperative (IPBC) for an additional three years commencing July I, 2008 for the following reasons: 1. Pool membership provides economies of scale 2. Greafer flexibility for plan design 3. Pool structure provides better protection from catastrophic claim experience Resolation -- AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE AUSTIN AVENUE LOCAL AREA PAVEMENT PRESERVATION (LAPP) PROJECT Introduced: (April 14, 2008 Synopsis: i To authorize the Village President to execute a "Local Agency Agreement for Federal Participation" with the Illinois Department of Transportation for the Austin Avenue Local Area Pavement Preservation (LAPP) Project. Purpose: The agreement between the Village and IDOT is necessary in order to receive the Surface Transportation Program (STP) funding that was programmed by the North Shore Council of Mayors and place this project on the letting schedule with the State for June 13, 2008. Background: Austin Avenue was identified as afederal aid eligible route which is in need of resurfacing to improve the driving surface, reduce maintenance costs and extend the useful life of the street. The proposed limits of construction are from Oakton Street to Beckwith Road. The Village applied for and received STP funding through the North Shore Council of Mayors as a Local Area Pavement Preservation Project for engineering and construction. This project will be substantially similar to the recently completed Harlem Avenue and. Shermer Road LAPP projects. The plans, specifcations, and estimates have been completed and submitted to the State for approval. Since this project involves federal funds, it will be let by IDOT in Springfield, Illinois. Programs, Departments Program -Austin Avenue Local Area Pavement Preservation Project or Groups Affected Department -Public Works Department, Engineering Division Groups -Property owners and motorists on Austin Avenue Fiscal Impact: Total Estimated Project Cost: $949,300 (Federal: $582;774, Village: $366,526) Source of Funds: Capital Projects Fund Workload Impact: The Public Works Department, Engineering Division, wilt perform the management and implementation of this program as part of their normal work activities. Administrator Approval as presented. Recommendation: First Reading: April 14, 2008 Special Considerations or None Requirements: Respectfully submitted: ~/11•~~'~ Josep~i F~/'ade, Village Administrator Prepared by: ,t,~`0 Reviewed by: `+ Ryan . ~ illingharn, 'page E gineer Teresa Corporation Counsel RESOLUTION 08-26 AUTHORIZATION TO EXECUTE AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE AUSTIN AVENUE LOCAL AREA PAVEMENT PRESERVATION (LAPP) PROJECT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to ifs government affairs, including but not limited to the power to tax and incm• debt; and WHEREAS, the Village desires to resurface Austin Avenue from Oakton Street to Beckwith Road to improve the driving surface, reduce maintenance costs, and extend the useful life of the street; and WHEREAS, the Village applied for Surface Transportation Program (STP) funding through the North Shore Council of Mayors as a Local Area Pavement Preservation Project (LAPP) for engineering and construction; and WHEREAS, the North Shore Council of Mayors as part of the STP has programmed funding for the Austin Avenue LAPP in FY2008; and WHEREAS, cost sharing for the LAPP program is as indicated below; Total Project Cost Federal Village $949300 $582,774 $366,526 and WHEREAS, the above costs are for construction; and WHEREAS, construction inspection and engineering will be performed by the Public Works Department, Engineering Division; and WHEREAS, the estimated project costs have increased since the adoption of the 2008 I3udget and Resolution 07-24, which authorized the engineering agreement, due to changes in the scope of work and rising material costs; and WHEREAS, based on the actual bids received for the project, the Village will apply for and would anticipate approval of additional funding for the project through the North Shore Council of Mayors; and WHEREAS, if the North Shore Council of Mayors approves the additional funding, the Village's share of the project cost would ehvlge to $284,790 based on the above project cost esthmate; and WHEREAS, the plans, specifications and estimates have been completed and submitted to IDOT for approval; and WHEREAS, approval of the attached "Local Agency Agreement for Federal Paimcipation (Attachment 1)" are required for the project to move forward; aild WHEREAS, the local funds for the project are appropriated in the Capital Project Fund. NOW, THEREFORE, BE IT RESOLVED BY TFIE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the Illinois Department of Transportation Local Agency Agreement for Federal Participation for the Austin Avenue Local Area Pavement Preservation Project. SECTION 3: The Village Administrator and Village Engineer and/or their desig}lees are hereby authorized to take any and all steps necessary to implement and administer said agreement. SECTION 4: That this Resolution shall be in full force and effect upon its passage and approval. PASSED this 14`h day of Apri12008. Trustee Brmmer Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 14`h day of Apri12008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 15~' day of Apri12008. Carol A. Pritzshall, Village Clerk Village of Morton Grove Cook County, Illinois illusOlS DepaP'1.IT1PJ1t Of Transportation Local Agency Village of Morton Grove State Contract Day Labor ~ X Local Contract RR Force Account Local Agency Agreement for Federal Participation Section (07-00101-00-RS Fund Type STU ITEP Number Construction En ineerin Ri ht-of-Wa Job Number Project Number Job Number Project Number Job Number Project Number C-91-317-07 I M-8003(821) This Agreement is made and entered into between the above local agency hereinafter referred to as the "LA" and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as "STATE". The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans approved by the STATE and the STATE's policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as "FHWA". Location Local Name Austin Avenue Route FAU 2791 Length 1.50 Miles Termini Church Street to Oakton Street Current Jurisdiction Local Existing Street. No N/A Project Description Furnishing all the materials, labor, equipment and incidentals required for hot-mix asphalt surface removal, curb & gutter, hot-mix asphalt resurfacing, adjustment of drainage structures, striping, restoration and all incidental work necessary to complete this improvement in accordance with Plans, Specifications, and Special Provisions. Division of Cost Type of Work Participating Construction Non-Participating Construction Preliminary Engineering Construction Engineering Right of Way Railroads Utilities TOTAL FHWA % STATE 582,774 ( ) ( ) 582,774 LA % Total 366,526 ( BAL ) 949,300 l ) $ 366,526 $ 949,300 ` Maximum FHWA (STU} Participation 70% Not to Exceed $582,774.00. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The foal LA share is dependent on the foal Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. The Federal share of construction engineering may not exceed 15% of the Federal share of the final construction cost. Local Agency Appropriation By execution of this Agreement, the LA is indicating sufficient funds have been set aside to cover the local share of the project cost and additional funds will be appropriated, if required, to cover the LA's total cost. Method of Financing (State Contract Work) METHOD A---Lump Sum (80% of LA Obligation) METHOD B--- Monthly Payments of METHOD C---LA's Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) Printed 4/10/2008 Page 1 of 4 BLR 05310 (Rev. 3/18/08) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. {4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE, in lump sum, an amount equal to 80% of the LA's estimated obligation incurred under this Agreement, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method 8 - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA's estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA's obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LA will pay to the STATE, an amount equal to the LA's share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. (11) (Day Labor or Local Contracts) 7o provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. {13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT's District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets offce. Engineer's Payment Estimates in accordance with the Division of Cost on page one. Printed 4!10/2008 Page 2 of 4 BLR 05310 (Rev. 3/18/08) (15) And certifes to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within athree-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b} of this certification; and (d) have not within athree-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA's concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA's certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modifcation of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA andlor STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certifed time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (fve years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a fnal invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the fnal invoice and the obligation of the funds closed. (25) (Single Audit Requirements) That if the LA receives $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Gifice of Management and Budget (GMB) Circular PJo. P,-133. LA's that receive less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE with 30 days after the completion of the audit, but no later than one year after the end of the LA's fiscal year. The CFDA number for all highway planning and construction activities is 20.205. THE STATE AGREES: (1} To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA's certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of fhe improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer's Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: Printed 4/10!2008 Page 3 of 4 BLR 05310 (Rev. 3!18/08) (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain suffcient cost information and show evidence of payment by 4he LA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (2) This Agreement shall be binding upon the parties, their successors and assigns. (3) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT -assisted contracts. The LA's DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). In the absence ofa USDOT -approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE's USDOT approved Disadvantaged Business Enterprise Program. (4) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (5) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seo.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identifed below as being a part of this Agreement. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all addenda indicated above. APPROVED Name Richard Krier Title Mayor County Board Chairperson/MayorNillage Presidentletr.. Signature Date TIN Number 36-6006007 NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. APPROVED State of Illinois Department of Transportation Mil[on R. Sees, Secretary of Transportation Date Christine M. Reed, Director of Highways/Chief Engineer Ellen J. Schanzle-Naskins, Chief Counsel Ann L Schneider, Director of Finance and Administration Printed 4/10/2008 Page 4 of 4 BLR 05310 (Rev. 3118(08} Legislative Summary ~ Resolution 08-27 AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND INTEGRYS ENERGY SERVICES, INC. FOR COMPETITIVELY PRICED ELECTRICITY 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: April 14, 2008 This resolution will authorize an agreement with Integrys Energy Services, Inc. to supply non-franchise electricity. The Village contracts for electricity supply from third party vendors based on a competitive bidding process. This electricity is primarily utilized at the Village's water pumping stations at 8820 National and 6'702 Oakton. Energy Choices, P.C. provides consultation services to the Village for electricity supply procurement pursuant to Resolution 06-54 and through the Metropolitan Mayor's Caucus Municipal Energy Collaborative. As part of Energy Choices, P.C. services, bids are solicited and reviewed for energy from qualified vendors, analyzed, and recommendations to the Village are made for the most competitive qualified supplier for such electricity. Bidding documents have subsequently been reviewed for the supply of electricity. The Village Administrator has also reviewed these bidding documents and concurs with the recommendation of Energy Choices, P.C. that the Village enter into an agreement with Integrys Energy Services, hic. for the supply ofnon-franchise electricity for 2008. This price represents approximately a 13% increase from last year's prices. Village Administrator and Finance Department The projected cost for electricity supply for 6702 Oakton is $34,906 and for 8820 National is $41,010. Said costs are based on projected usage, and do not include delivery costs for such electricity which will be billed directly by Commonwealth Edison. There is no cost to the Village for Energy Choices P.C.'s services so long as the Village enters into a contract with Integrys Energy Services, Inc. Funds are budgeted in account number 025017-553130 in the amount of $135,000. The supervision and management of this contract will be performed by the Village Administrator and Finance Department as part of their normal work activities. Approval as presented Not required None Village Administrator Prepared by: l~"~~Y`,~y"%..~" Teresa Hoj~'mp Ustoi% Corporation Counsel RESOLUTIOIi~ 08-27 AUTHORIZING AN AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND INTEGRYS ENERGY SERVICES, INC. FOR COMPETITIVELY PRICED ELECTRICITY WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of goverment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise arty power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, prior to 2007, the Village purchased electricity from Commonwealth Edison fox street lighting and other municipal needs; and WHEREAS, pursuant to Resolution 06-54, on or about September 25, 2006, the Corporate Authorities approved an agreement with Energy Choices, P.C. located at 1954 First Street, Suite 106, Highland Park, Illinois 60035, to serve as the exclusive advisor to the Village of Morton Grove in connection with electricity supply procurement for the Village's non-franchise electricity usage; and WHEREAS, since that time, Energy Choices, P.C. has satisfactorily provided consultation services to the Village of Morton Grove and other municipalities through the Metropolitan Mayors Caucus Municipal Energy Collaborative; and WHEREAS, as part of these services, Energy Choices, P.C. solicits and reviews bids for energy from qualified vendors, analyzes these bids, aild makes recommendations to the Village for the most competitive qualified supplier for such electricity; and WHEREAS, Energy Choices, P.C. has solicited bids for electrical supply for 8820 National Avenue and 6702 Oakton Street (the Village's pumping stations) from three qualified vendors and the results of said bids are attached hereto as Exhibit "A". WHEREAS, Energy Choices, P.C. has reviewed bidding doctunents for the supply of electricity for 2008, and has recommended the Village enter into an agreement writh INTEGRYS ENERGY SERVICES, INC.; and WHEREAS, the Village Administrator has reviewed and concurs with this recommendation. NOW, THEREFORE, SE IT RESOLVED BY THE PKESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY,ILLINOIS THAT: 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 enter into an agreement for the supply of electricity for non-franchised municipal use with INTEGRYS ENERGY SERVICES, INC. based on their bid information set forth in Exhibit "A". SECTION 3: The Village Administrator and/or his designees are authorized to take all steps necessary to finalize and implement such agreement. SECTION 4: This resolution shall be in full force acid effect from at7d after its adoption. PASSED THIS 14`" day of April 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmami Trustee Thill APPROVED BY ME THIS 14`" day of April 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15`" day of April 2008 Carol A. 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