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HomeMy WebLinkAbout2008-06-09 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO SE HELD AT THE RICHARD T. FLTCKINGER MUNICIPAL CENTER JUNE 9, 2008 Meeting 7:30 pm Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes - Regular Meeting, May 12, 2008 5. Public Hearings 6. Special Reports a. Swearing In Ceremony of New Police Sergeant Daniel Stueber by Fire and Police Commission Chairperson Michael Simkins b. Plan Commission Case PC08-02 Requesting a Special Use Permit to Construct a commercial Wireless Antenna Installation and Associated Ground-Mounted Equipment at 8820 National Avenue will be Presented by Plan Commission Chairperson Ron Farkas c. Presentation by Chief Paul L. Tasch Regarding July 4`h Parking Restrictions and Safety Precautions 7. Resident's Comments (agenda items only} 8. President's Report-Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Reappointment to the Natural Resources Commission -Margaret Lehew 9. Clerk's Report -Condominium Association, Advisory Commission on Aging 10. Staff Reports a. Village Administrator 1) Announcement of the 2007 Comprehensive Annual Financial Report Presentation and Financial Policies Workshop which will be held at 7:00 pm on June 25, 2008, in the Trustees' Conference Room of the Richard T. Flickinger Municipal Center 2) Announcement of the Lehigh/Ferris and Waukegan Road Tax Increment Financing Districts Annual Reports to Governmental Jurisdictions which wIll be held at 10:00 am on June 26, 2008, in the Trustees' Conference Room of the Richard T. Flickinger Mmlicipal Center b. Corporation Counsel. 11. Reports by Trustees a. Trustee Brunner -Legal, Fanxily and Senior Services Department, Cable and Telecommunications Commission, Environmental Health, Waukegan Road TIF Review, Solid Waste Agency of Northern Cook County (Trustee Kogstad) b. Trustee Kogstad -Community Relations Commission, Comprehensive Plan, Advisory Commission nn Aging (Trustee Minx) c. Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. .Trustee Minx -Finance Department, Real Estate Conxmittee, Plan Commission, Ferris/Lehigh TIF Review, Fire Department, RFD Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann) 1) Ordinance 08-18 (Introduced May I2, 2008) Revoking the Special Use Amendment for the Property Located at 6415 Dempster Street, 6421 Dempster Street, and 8717 Lincoln Avenue, to Rescind an Extension of Time to Commence and Proceed with Construction of a Planned Unit Development 2) Ordinance 08-22 (Introduced May 12, 2008) Amending Titles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 12 of the Village Code Removing the Individual Fines and Establishing a Fine Section 3) Ordinance 08-23 (Introduced June 9, 2008) Granting a Special tlse Permit in the Village for Property Located at 8220 National Avenue for a Corrunercial Wireless Antenna Installation 11 Reports by Trustees (continued) d. Trustee Minx (continued) 4) Resolution 08-36 (Introduced June 9, 2008) Authorizing the Exclusion of the Village of Morton Grove from the Cook County Urban County Program e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Communications, Dempster Street Corridor Plan (Trustee Brunner) 1) Ordinance OS-19 (Introduced May 12, 2008) Amending the Village's Unified Development Code, Sections 12-3-3Ctd, 12-4-2D1c, 12- 4-3D, 12-5-3A, 12-5-3A, 12-5-SA, 12-5-7C, 12-5-8A, 12-7-2H3, 12-7-3E, 12.9-1B2i, and 12-16-4C7 Trustee Thill -Public Works, Capital Projects, Traffic Safety Commission, Natural Resource Commission, Solid Waste Agency of Northern Cook County (Trustee Marcus) 1) Ordinance 08-21 (Introduced May 12, 20138) Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in the Village Employed in Performing Construction of Public Works for the Village 12. 13 14 Other Business Presentation of Warrants -May 27, 2008 June 9, 2008 Total $ 497,097.18 $ 928,577.37 $1,425,674.55 Resident's Comments 15. Executive Session -Personnel, Labor Negotiations, and Real Estate 16. Adjournment - To ensure full accessibility and equal pcn-ticipation for a[l imerested citizens, individuals with disabilities who plan to attend and who require certain accommodations In order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these faclhties, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the ~il[age to make reasonable accommodations. CALL 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 Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUTES IV. Regarding the Minutes of the April 28, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Thill, to approve the April 28, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote.. PUBLIC HEARINGS NONE V. SPECIAL REPORTS a. Swearing In Ceremony for New Firefighter/Paramedic David B. Poterek b. Fire and Police Commissioner Suzanne Anderson performed the swearing in ceremony, assisted by Trustee liaison Rita Minx and Fire Chief Tom Friel. Commissioner Anderson provided a brief bio of the Village's latest firefighter/paramedic, David B. Poterek. Firefighter Poterek began his employment in Morton Grove on April 30 and is currently attending the Arlington Heights Fire Academy. He was born and raised in Mundelein and graduated from Mundelein High School. Poterek has a Bachelors Degree in Physical Education from Monmouth University. He is an assistant soccer coach at St. Viator's in Arlington Heights. He is married with two children. The Board congratulated Poterek as his wife pinned on his badge. Chairman Farkas presented this case. He said that, now that the Unified Development Code has been in place for a year and staff has adjusted to using it, there was a need to clarify and ~~: V. SPECIAL REPORTS (continued) update some parts of it. The Commissioners reviewed the proposed tent amendments and suggested some additional language changes to further clarify the Code. No interested or concerned parties testified at the hearing: The Commission unanimously recommended that these text amendments be approved. Trustee Minx moved to accept the Plan Commission's report, seconded by Trustee Brunner Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a~ Tr. Marcus afire Tr. Minx aye Tr. Staackmann aye Tr. Thill aye VI. RESIDENTS' COMMENTS (Agenda Items Only) James Beuwer. Mr. Beuwer of American Taxi spoke regarding Ordinance 08-15, the proposed taxi fare rate increase ordinance. He said that when American Taxi had first approached the Village about a fare rate increase, the price of gas was between $3.12 and $3.18 per gallon. Last week it was $3.50 per gallon; today it's $3.95 per gallon. Because of this, he was asking that the ordinance be amended to provide for a rate increase to $2.20. He also requested that the Village remove references to specific rates. He said that only Skokie, Morton Grove, and Evanston have specific rates noted in their ordinances. Mr. Beuwer was asking that they be removed and let the "competitive market" decide what the rates should be. Melinda Mumford. Ms. Mumford spoke regarding Ordinance 08-18 (revoking the Special Use Permit for the property at 6415 and 6421 Dempster, and 8717 Lincoln). She felt the property should be considered for "mixed units": She also felt that the five areas highlighted at the last meeting, the areas where the higher density will be allowed, should be used for senior/mixed- generational housing. She said she's had some very positive experiences with that. VII. Appointments PRESIDENT'S REPORT a. Mayor Krier asked for concurrence with two appointments to the Natural Resources Commis- sion. Both Sharon Erickson and Sylvia Jurians had been recommended by the Chairperson, Mary Bush. Trustee Thill moved to concur with these appointments, seconded by Trustee Minx. Motion passed unanimously via voice vote. Proclamatibns b. Mayor Krier then proclaimed June 7, 2008 as "Lin-Mar Motors Day" in honor of this family- owned and operated business' 50t" anniversary in the Village. He commended Ron Lundin, owner, for his many activities in the community, stating that, "Besides being a business owner in Morton Grove, Ron also lives here, and his is one of the first businesses to always step up to improve the quality of life in Morton Grove." Mayor Krier and the Board congratulated the members of the Lundin family in attendance. c. Mayor Krier also proclaimed the week of May 11 through. May 17, 2008, as "Police Week" in the Village. He noted that Congress and the President have designated May 15 as "Peace Of- ficers Memorial Day", and the week in which it falls as "Police Week". Mayor Krier said that it ~~: VII. PRESIDENT'S REPORT (continued) is important that all citizens know and understand the problems, duties, and responsibilities of their police department, and that members of the Village's police department recognize their duty to serve the people by safeguarding life and property. Mayor Krier said the Morton Grove Police Department has grown to be a modern and progressive law enforcement agency which constantly provides a vital public service. He called upon all residents to observe May 15 as "Peace Officers Memorial Day", and to commemorate police officers, past and present, who, by theirfaithful and loyal devotion to their responsibilities, have rendered a dedicated service to the Village. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report but noted that the Commission on Aging would be meet- ing tomorrow at 1:00 p. m. She also announced an upcoming Senior Information Forum that would be held on May 22 between 1:00 and 2:30 p.m. at the Senior Center. Representatives from area senior service agencies will be present to answer any questions about entitlement programs, such as respite services, circuit breaker, caregiver services, and other programs, such as senior protective services and advanced care directives. It's also an opportunity to learn about all the senior services offered through the State and Federal government. There is no charge to attend, but interested potential attendees must register at the Senior Center in advance of the forum. IX. A. Village Administrator STAFF REPORTS a. Mr. Wade reminded the Board that the meeting scheduled for May 26, 2008, was cancelled due to the Memorial Day holiday. b. Mr. Wade announced that the Illinois Department of Transportation (IDOT) would begin work this week on the Waukegan Road Interconnect project, which will ultimately improve traffic flow. Work will be ongoing through the end of July and will involve temporary lane closures. B. Corporation Counsel: Ms. Liston had no report. X. TRUSTEES'REPORTS A. Trustee Brunner: Trustee Brunner presented Resolution 08-35, Authorizing an Application For an Execution of a Public Transportation Capital Assistance Grant Under the Illinois Department of Transportation's (IDOT) General Authority to Make Such Grants. Trustee Brunner explained that this Resolution will authorize the Village Administrator to com- plete and file an application with IDOT to receive a Public Transportation Capital Assistance Grant for the capital cost of providing elderly and disable specialized paratransit services. ~,: X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) The grant will help the Village obtain funds to purchase a bus for seniors and disabled persons at little or no cost. The passage of this Resolution is a prerequisite from IDOT to be considered for and receive grant funds. The Village could save approximately $60,000 on the purchase of a new bus with this grant. Trustee Brunner said there will be a Public Hearing on this matter on May 20; 2008, at 1:00 p.m. at the Civic Center. Appropriate notice has been given to the local newspapers as well Trustee Brunner moved to approve Resolution 08-35, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner a}L Tr. Kogstad ~ Tr. Marcus ~e Tr. Minx ~ Tr. Staackmann ~ Tr. Thill Trustee Brunner commented that the Village will be receiving the new bus it had previously applied for on May 30. It's a 2008 Chevy 6.6 LT Eldorado 22-passenger bus. The cost for that bus was $81,747, of which 80°/o was paid by the Federal Government and 20% paid by the State of Illinois-the Village of Morton Grove paid nothing. She thanked Senior Services Director Jackie Walker-O'Keefe and Village Administrator Wade for all their hard work on the Village's paratransit efforts. 2• Next, Trustee Brunner presented for a first reading Ordinance 08-17, Amending Title 8, Chapter 9, of the Village of Morton Grove Municipal Code to Incorporate by Reference the Smoke-Free Illinois Act. She explained that, on July 23, 2007, the State of Illinois adopted the Smoke-Free Illinois Act. This ordinance will adopt by reference that Act and will allow violations of it to be enforced pursuant to the Village's local adjudicafion hearing system. Trustee Brunner said that, be- cause this is already an Illinois law, Corporation Counsel Liston was recommending that the second reading be waived and that this ordinance be acted upon tonight. Trustee Brunner moved, seconded by Trustee Minx, to waive the second reading of Ordinance 08-17. Motion passed: 5 ayes, 1 nay. Tr. Brunner awe, Tr. Kogstad a~~e Tr. Marcus afire Tr. Minx a~ Tr. Staackmann n~ Tr. Thill aye Trustee Brunner then moved to adopt Ordinance 08-17, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aLe Tr. Minx aye Tr. Staackmann ~ Tr. Thill aye B. Trustee Kogstad: Trustee Kogstad had no report. 11: X. TRUSTEES' REPORTS (continued) C. Trustee Marcus: Trustee Marcus presented Ordinance 08-15, Amending Title 4, Chapter 12L Entitled "Public Passenger Vehicles" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Marcus explained that this will update the Village's regulations of taxis and adjust approved taxi rates to be consistent with surrounding communities. Among other changes, the fare rate will be increased to $2.00 per mile and the flat rate between O'Hare and any location in the Village will be $25.00. The senior citizen/disabled person discount will continue, and limitation on the number of taxis which can be licensed within the Village will be removed. Trustee Marcus said that there were several amendments he wanted to make to the actual ordinance. In Section 4.12L.7, item 7, he wanted the flat rate numbers changed to reflect a fare of $24 west of Waukegan Road and $25 east of Waukegan Road, rather than $26 and $25, respectively. He said that American Taxi has no objections to this. Trustee Marcus moved to amend the ordinance to so state, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus ave Tr. Minx aye Tr. Staackmann a~ Tr. Thill ave Trustee Marcus moved to approve Ordinance 08-15 as amended. Trustee Brunner seconded the motion. Trustee Marcus then asked Mr. Beuwer to reiterate his requested changes. Mr. Beuwer said he'd like the meter rate increased from $2.00 to $2.20. Mayor Krier said that is covered under Section 4.12L.7, item 2. He pointed out that this would be a 40-cent rate increase from the current rate. Trustee Thill asked, if the rate went to $2.20 and the price of gas went down, would the $2.20 rate go down. Mr. Beuwer said it would not, unless it was written into the ordinance that way. Trustee Marcus asked about the rates in Skokie. Mr. Beuwer said that Skokie's flat rate to O'Hare is $26 with a $1 fuel surcharge and their meter rate is $2.00. He said he has not yet approached Skokie or Evanston to request rate increases, but he will be. He noted that Lincolnwood's rate is the same as Chicago's. American Taxi tries to keep its rates consistent in the area. Trustee Marcus asked about the competitive market. Mr. Beuwer felt it was the best way to go and said American Taxi enjoys competing. Trustee Marcus made the point that deregulation isn't always the best thing for the consumer. Trustee Minx asked for an example of a competitive rate in another Village. Mr. Beuwer said they try to keep the rates consistent in the area; it's easier for the passenger and the driver. Trustee Minx asked what the rate is in Glenview and in Niles. He said that Glenview's rate is $26, east of Waukegan it's $27.1n Niles, the rate is $22. Trustee Marcus said he understood Mr. Beuwer's concerns but said he'd like to leave Morton Grove's rate at $2.00, rather than jump into $2.20 without doing any research. Mr. Beuwer said that he could always come back and ask for the $2.20 later. II: X. C. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Mayor Krier noted that verbiage has also been added in regarding no additional charge for any extra passenger who is over 65 or has a disability. Mayor Krier called for the vote on the motion to adopt Ordinance 08-15 as amended. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad awe Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye Trustee Marcus thanked American Taxi for their service in the Village and for the courtesies they extend to our seniors and disabled residents. D. Trustee Minx: Trustee Minx presented for a first reading Ordinance 08-18, An Ordinance Revoking the Special Use Amendment for the Property Located at 6415 Dempster, 6421-6457 Dempster, and 8717 Lincoln Avenue, and to Rescind an Extension of Time to Commence and Proceed with Construction of a Planned Unit Development. She explained that that this ordinance will allow for the revocation of an amendment to the Special Use Permit approving a planned unit development for this site which allowed for a time extension for the progression of construction. No financing has been secured and no construction schedule has been created, which is the reason the Village is considering this revocation. Mayor Krier said he wanted to highlight two things: the. next Board meeting is June 9 so it'll be almost a month before action is taken on this, unless a motion to waive the second reading is made and approved. Also, the Village has received a letter from the development group requesting an extension, unless anyone tonight makes any changes. Trustee Thill noted that Mr. Kropp was in the audience and wondered if he would be allowed to speak to the Board. Mayor Krier said that Mr. Kropp was certainly welcome to speak under "Residents' Comments". Trustee Thill asked, if the Board revoked the Special Use amendment, what would become of the property. Mayor Krier said it would just mean that the building that was approved for that property by the Special Use would no longer be approved. What happens to the property will be up to the owners. 2~ Trustee Minx next presented for a first reading Ordinance 08-22, Amending Titles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of the Village of Morton Grove Code by Removing the Individual Fines and Establishing a Fine Section. Trustee Minx explained that, in 2007, Village staff began to review the Village's fines and pen- alties in an effort to determine if they were consistent with State statute and other municipali- ties' fees and fines. Staff determined that the Village's fines and fees required an increase in the general penalty and other specific fines to be consistent with other towns. Staff also felt that placement of all the fines in one section of the Municipal Code would allow for a more efficient review of such fines and penalties by Village staff, the Village's adjudication system, ,,.. X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) and by residents and businesses. This ordinance also grants the Village Administrator the authority to enter into stipulated settlements for violations which are settled prior to the designated hearing date. The stipulated settlement for parking tickets shall be $10 if paid prior to the initial due date on the citation, $15 if paid after the initial due date but prior to the administrative hearing, and $20 if paid on the date of the administrative hearing. Trustee Brunner thanked Corporation Counsel and Village staff for doing a magnificent job on this review. She also asked that, for clarity, all references to the Clean Indoor Air ordinance be changed to Smoke-Free Morton Grove ordinance. Mayor Krier agreed. Trustee Kogstad asked if there are any fees in this ordinance that have not been previously approved by the Board. Corporation Counsel Liston said that this Ordinance only pertains to fines, not fees; fees will come soon in a separate Ordinance. She said that some of the fines are different. There is a posting on the Village's web site that lists, in detail, the "current" fines and these "new" fines. For the most part, fines were changed to be consistent with what's being done in other municipalities. Ms. Liston noted that the most significant change is that most of the Village's fines ranged from a minimum of $50 to a maximum of $500, but State law is now a minimum of $75 to a maximum of $750, so Morton Grove's have now been changed to be consistent with that: Trustee Brunner asked, if there was no fine mentioned in any specific ordinances, would the new Title 1, Section 4 coverthat. Ms. Liston noted that, in the proposed ordinance, Title 1, Section 4 states that a violation of a~ Village ordinance will result in a fine of a minimum of $75 to a maximum of $750, and every day is a separate offense, unless there are specific fines for a specific offense. Trustee Thill asked if bicycles have to be licensed. Ms. Liston said it's on the Village's books, but is pending review and will eventually be "modernized". Trustee Thill asked if there was a snow removal ordinance. Ms. Liston said yes, there is. He asked if it was for businesses or private property. She said she would have to research and get back to Trustee Thill: Trustee Thill also pointed out a typo ("far" housing should be "fair" housing). 3. Trustee Minx announced that, on June 8, the Northeastern Illinois Public Safety Training Academy (NIPSTA) will be holding a Public Awareness event from 11:00 a.m. to 3:00 p. m. NIPSTA is located at 2300 Patriot Drive in Glenview. Many activities for the family are scheduled for this day. The cost is $5 per person, children under the age of 3 are free. For more information, residents should call 1-847-998-8090 or visit NIPSTA's website at www.nipsta.org. Trustee Minx said she hoped everyone will have a fun and safe Memorial Day, and hoped that everyone will keep all our veterans and current armed forces in their thoughts and prayers. 11: X. TRUSTEES' REPORTS (continued) E. Trustee Staackmann: Trustee Staackmann presented for a first reading Ordinance 08-19, Amending the Village of Morton Grove's Unified Development Code, Sections 12-3-3C1d, 12-4-2D1c, 12-4-3D, 12-5-3A, 12-5-5A, 12-5-7C, 12-5-8A, 121-7-2H3, 12-7-3E, 12-9-1B2i, and 12-16-4C7. He explained that these miscellaneous text amendments will correct and clarify certain provisions, and keep other sections current with State law. The Plan Commission has unanimously recommended approval of these text amendments. Trustee Thill had a question about one of the provisions being changed to correct a math error in calculating minimum lot area for multiple-family dwelling units. Corporation Counsel Liston said the formula that had originally been used was incorrect. He also questioned a provision removing senior housing as an allowable use in the M-1 Manufacturing zoning district. He thought that had already been done. Ms. Liston confirmed that it had been approved, but when the Unified Development Code had been approved, it wasn't updated to reflect that change. Trustee Thill also commented on a provision modifying a section of the Code that prohibits the location, construction, or operation of adult entertainment facilities. Ms. Liston said that the Supreme Court has ruled that municipalities could not ban adult entertainment facilities as it would violate their First Amendment rights; however, municipalities can require such facilities to be located only in certain specific locations. She said that, under recently passed State law, any new construction of adult entertainment facilities prohibits their construction within one mile of schools, day care facilities, places of worship, cemeteries, or forest preserves. 2• Trustee Staackmann commented that in six weeks it will be the Fourth of July. He encouraged the assemblage to support the Morton Grove Days Committee by purchasing .raffle tickets for their raffle. The grand prize is $5,000, second prize is a 42" TV donated by Abt, and 31d prize is a $1,000 savings bond donated by MB Financial. Tickets are available for $10 each or 12 for $100. Proceeds will help defray the cost of the Parade. F. Trustee Thill Trustee Thill presented Ordinance 08-16, An Ordinance Amending Title 7 to Add Chapter 10 of the Municipal Code of the Village of Morton Grove Establishing Standards for Erosion and Sediment Control and Grading Within the Village of Morton Grove. This is the second reading of this ordinance. He explained that, to be in compliance with the Village's National Pollutant and Discharge Elimination Permit, it must update its code related to standards for erosion and sediment control and grading for development within the Village. There was no further discussion on Ordinance 08-16. Trustee Thill moved to approve Ordinance 08-16, seconded by Trustee Staackmann. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aye Tr. Minx awe Tr. Staackmann aye Tr. Thill aye ~~: X. F. Trustee Thill: (continued) TRUSTEES' REPORTS (continued) 2. Trustee Thill next presented for a first reading Ordinance 08-21, An Ordinance Establishing the Prevailing Rate of Wages for Laborers, Mechanics, and Other Workers in the Village of Morton Grove Employed in Performing Construction of Public Works for the Village. He explained that the Illinois Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics employed on public works projects no less than the general prevailing rate of wages as established by the Village. "Public works" projects, as defined by the Act, mean all fixed works constructed by any public body, or paid for wholly or in part out of public funds. The Act requires that each year, in June, the Village must investigate and ascertain the prevailing rate of wages. There was no further discussion on Ordinance 08-21. 3. Trustee Thill noted that a river clean-up work day had taken place this past Saturday. He thanked the 50 volunteers who participated, and noted that 43 bags of debris were collected. Also, he asked residents to use less fertilizer on their lawns this year-that will mean less fertilizer that ends up in the river. Trustee Thill requested that residents consider mulching their lawn. It not only saves money, but returns important nutrients to the lawn. XL OTHER BUSINESS Mayor Krier reminded the assemblage that the Memorial Day Parade will take place on Sunday, May 25. It will kick-off at the Civic Center at 1:30 p.m. and end up at the Library. He encouraged all residents to participate or come out and watch the parade. XI I. WARRANTS Trustee Minx presented the Warrant Register for May 12, 2008, which totaled $268,232.20. She moved to approve the Warrants as presented, seconded by Trustee Marcus. Trustee Thill noted that there's a line item for a payment of $601.50 for an impounded dog. He wondered if the owner had come forward yet and if the Village had been reimbursed. Administrator Wade said he would research this and let the Board know. Trustee Thill also asked about a $2600 payment for a tree to be removed at 8820 Major. He asked if this was a tree that the Village could have handled. Public Works Director Andy DeMonte said the Village could not have handled it. Mayor Krier called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~ Tr. Kogstad a~ Tr. Marcus awe Tr. Minx ~ Tr. Staackmann ~ Tr. Thill ave XIII. RESIDENTS' COMMENTS NONE 9 ..: XIV. ADJOURNMENTIEXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn the meeting. The motion was seconded by Trustee Thill and passed unanimously via voice vote. The meeting adjourned at 8:39 p.m. PASSED this 9th day of June, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill __ APPROVED by me this 9th day of June, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 10th day of June, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Couser 10 Village ®f ®rt®n r®v Fire and Police Commission Direct Telephone 847/470-5226 Faa 847/965-7711 May 21, 2008 President and Board of Trustees Village of Morton Grove 6101 Capulina Ave. Morton Grove, IL 60053 SUBJECT: Appointment to the R ank of Police Sergeant Pursuant to the Rules and Regulations of the Board of Fire and Police Commissioners of the Village of Morton Grove, as amended, and pursuant to the Illinois Revised State Statutes, as amended, 65 ILCS 5/10-2.1-14, and reference to the current promotional register of eligibles for Sergeant, dated 12-08-07, the following person who has previously been qualified and whose name appeared on the eligible promotional register is herewith appointed Sergeant in the Police Department of the Village of Morton Grove, I]inois, effective on the date following his name. DANIEL STUEBER Effective date of appointment -June 9, 2008. Swearing in will be held at the Village Board meeting, June 9, 2008, 7:30 p.m., Village Council Chambers. BYDRDER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF MORTON GROVE, ILLINOIS r Michael Simkins, Chairman Fire 6z Police Commission C: D.Stueber Chief Tasch J. Wade Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton. Grove, Illinois 60053-2985 Tel: (847) 965-4100 Pax: (847) 965-4162 Reeyelefl Paptc MORTON GROVE POLICE DEPARTMENT DATE: May 5: 2008 TO: Joseph F. Wade, Village Administrator FROM: Paul L. Tasch, Jr. Chief of Police SUDJECT: Sergeant Promotion Sergeant Timothy Russo retired April 4, 2008. I'm requesting the authorization to notify the Board of Fire & Police Commissioners to promote the next candidate from the sergeant's eligibility list effective June 9, 2008. Upon concurrence I']1 need confirmation that the June 9`i' Board Meeting will be the official swearing in ceremony arid promotional date far Daniel Stueber. PLT: ab Kapp admin\cMei-abMemos\F&P S9t. Appt 8 VMG (Slueber 6-9-06).do; ~. ~~. ~~ ~~ i~~~~~ ~a~~xa a~ ~ A~a~~ June 9, 2008 Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board: On April 21, 2008 and May 19, 2008, public hearings were conducted by the Morton Grove Plan Commission aftex a legal notice was published in "The Champion" newspaper or. April 3, 2008, a sign. posted on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, regarding: Plan Commission Case PC08-02, wherein the applicant, B1aek and Veatch, agent for Cricket Communications, requested a Special LTSe Permit to construct a commercial wireless antenna installation and associated ground-mounted. equipment at 8820 National Avenue. Ms. Bonnie 7acobson, Planner, sununarized the case for the Village. She indicated that the proposed installation will be joining four other carriers on the water tower. The antemras will be mounted on the neck of the water tower and the ground-mounted equipment just northeast of the tower. Staff reviewed the application and there was concern regarding a readjustment of the landscaping and the Village Engineer was concerned about the anchoring of the platform. Both concerns were addressed in proposed staff conditions. Mr. Dennis Schumerhorn of Black and Veatch represented the applicant at the April 21, 2008 hearing and Mr. Jack Hickey, also of Black and Veatch represented the applicant at the May 19, 2008 hearing. Mr. Schumerhom indicated that Cricket Communications was a new carrier entering the market whose primary service will be local customers. He described the location and placement of the antennas and equipment. Commissioner Roepenaclc requested the information on the power output and frequency, anal both Commissioner Gabriel and Commissioner Shimanski questioned the aesthetic impact and use of the mounting bracket for the antennas as opposed to the other carriers whose antennas are mounted directly to the tower. No interested parties spoke regarding this case but several concerned parties spoke. Mr. Cornel Albu was concerned about the eleettomag~etic field created by so many antennas; Ms. Nancy Lanning was concerned about removal oP the antemias if they are no longer m use; and, Ms. Lili Moi was concerned about the health hazard of the antennas. Commissioner Roepenack responded that the frequency and wattages were too low to have a health impact and Chairman Farkas responded that according to federal law the Plan Commission is prohibited from evaluating health risks -this is Che purview of the FCC. Ms. Jacobson responded to Ms. Lanning's question, indicating that according to Village Code al] carriers are responsible for removing their antennas if they are no longer in use. s~ieP.arcl "f. <-lickinger lalunicipal Center _ F; t. F..'i ~3I~41'rici. h/ ~daE ]?/1.£Ert`JYi ~rC`/e, s11ir9S'iiS ~a±gGSj°G7°~3 - .. ' T~ r8~7, aft..nlLt0 a 'f<~I3 cg„g7~ 9709-5299 ~ Pa3x: (897) 96q-4~6;t ~ Based on the infom7ation presented at the April 21, 2008 hearing, the Plan Commission continued the case to May 19, 2008 allowing for the applicant to provide the frequency information, and a better graphic representation of the mounting bracket on the tower to better deterntine the aesthetic impact. The additional information was provided at the May 19, 2008 hearing. Mr. Jack Hickey responded to any questions from the Commission. After seeing the graphic representation of the mounting bracket, the Commissioners felt that although the mounting system is different than the other carriers, there was no significant impact. Mr. Eric Poders another concerned party, spoke. He stated that he was researching whether the frequencies might have an adverse effect on the Village's water supply within the tank by reason of ionization. He also stated that pending his ongoing research he was urging our approval of the application as it was a source of income to the Village. Commissioner Roepenack responded that frequencies are non-ionizing and anyway the metal of the tank shields the water from the antennas which are directed outward. Chairman Farkas advised Mr. Poders that if his research revealed any adverse environmental effects of the frequencies on the Village's water that he bring his research to- tihe attention of the FCC since that agency has the exclusive purview over environmental effects of the frequencies. Based on the information presented, Commissioner Patel moved, and Commissioner Gabriel seconded, to approve a commercial wireless antenna installation and associated ground-mounted equipment at 8820 National Avenue, subject to the Following conditions: 1. That the antenna installation and equipment be constructed in compliance with the site plan dated 05/01/08 but with the landscaping adjusted per approval of the Village Planner; 2. 't'hat the antenna installation be constructed in accordance with the elevations dated. OS/O1I08; 3. That no fence be placed around the equipment cabinet; 4. That the construction and anchoring of the platform for the equipment cabinets be reviewed and approved by the Village Engineer; and 5. That all other Village Codes and Ordinances be met. The motion passed: Yes -- 7, No - 0, Absent - 0. The Voting Chairman Farkas Yes Comnussioner Dorgan Yes Cormnissioner Gabriel Yes Commissioner Gattorna Yes Commissionez Patel Yes Commissioner Roepenack Yes Commissioner Shimanski Yes The "Findings of Fact" relative to the seven standards by which a Special Use is evaluated is attached to this report. Resy~ectfully subrslix~~ ;?-- i _. !. .~ ~ f.~ - Ronald Farkas `-''.~i~' Plan Cormission Chairman 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 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 public welfare would not be endangered. by the proposed installation. Commissioner Roepenack commented that electromagnetic emissions are way below FCC regulations, per concerns raised at the hearing by neighbors. 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 antenna installation will not be injurious to the use and enjoyment of surrounding property. .There are several other installations on this water tower and the addition of this one will not impact or be injurious to surrounding properties. 3. Orderly Development - T'he establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed installation is on an existing water tower in an existing built-out residential area That is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. The proposed Special Use is on an existing tower where adequate facilities are already present.. 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. The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission. waived review of the case due to minimal traffic impact. 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 landscaping and screening will be adjusted per condition to blend in with The surrounding area. 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 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 installation will be required to adhere to all pertinent Village codes and ordinances. ComdevAzoning\plancom\pc08-02 findings of fact 1 E3ffsce cif frflYe May®r 'clnar~ '° °cls°° airier MEMORAIV~UM TO: Village Board of Trustees Rick Krier Villa e Preside t ,.-°' FROM: g DATE: June 4, 2008 RE: Commission Reappointments to be made Following is the list of Commissioner reappointments to be made at the June 9, 2008, Board meeting: Term Reappointed Expires Until Natural Resources Commission Margaret Lehew 6/12/08 6/12/11 /mk VHADminVCorrnnissions\Reappointmei~is/Appoinhnents for 6-12-08 Richard T. Flickinger Municipal Center 6101 Capulina Avenue ~ Morton Grove, Illinois 60053-2485 Tel: (847) 965-4100 Fax: (847) 965-4162 Re+:ycleA Peper i1 NoTIC~ The Village Board of Trustees will hold a workshop regarding a presentation of the Comprehensive Annual Financial Report and Financial Policies Workshop. The meeting will be held at 7:00 pm on Wednesday, June 25, 2008, in the Richard T. Flickinger Municipal Center Trustees Conference Room -Second Floor 6101 Capulina Avenue Morton Grove, Illinois 60053 To ensure full accessibility and equal participation for all interested citizens, individuals ~~ith disabilities who plan to attend and ~~ho requi~°e certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these ,facilities, are requested to contact Susan or Marlene (847/~F70-5220) promptly to allow the Village to make reasonable accommodations. Richard T. Flickinger Municipal Center 6101 Capiilina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847} 965-4100 Fax: (847} 965-4162 Recycled 1~'aper Legislative Summary Ordinance 08-18 AN ORDINANCE REVOHING THE SPECIAL USE AMENDMENT FOR THE PROPERTY LOCATED AT 6415 DEMPSTER STREET, 6421-6457 DEMPSTER STREET, AND 8717 LINCOLN AVENUE, TO RESCIND AN EXTENSION OF TIME TO COMMENCE AND PROCEED WITH CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT Introduction: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: May ] 2, 2008 This ordinance will allow for the revocation of an amendment to the Special Use Permit approving a planned unit development for this sate which allowed for a time extension for the progression of construction. An extension of time was previously requested since this project was stalled due to lack of financing and a change in management. This extension was provided in Ordinance 08-03, adopted on January 14, 2008. Subsequently, the project has not progressed and a revocation is warranted. The Village granted. a SpecialUse for this property pursuant to Ordinance OS-48, adopted October 24, 2005, for the construction of two mixed unit development buildings consisting of 13,115 square feet of retail space, 54 condominiums, and 2l townhome units. The Special Use Pennie was amended on September I I, 2006, pursuant to Ordinance 06-31 to make minor changes to the site plan. The Unified Development Code requires construction of a planned unit development begin within twelve months after passage of the authorizing ordinance and construction to proceed in accordance with a submitted phasing plan and construction schedule. Construction on this project was delayed due to management and financing concerns. The developer assured the Village when financing has been secured construction would progress pursuant to an appropriate construction schedule. Subsequent to that amendment no financing has been secured and no construction schedule has been created causing the V illage to reconsider and. rescind the special use amendment extension. Building Department, Village Engineer, Village Planner N1A N!A The Legal Department will handle the appropriate documentation as part of their narmal workload. Approval May 12, 2008 None Respectfully submitted: ~~ ~/ J eph ~. W e Village Administrator r .,,~ Reviewed by: Ed H' debrandt, Building Commissioner ,~ f ~~~~ 4 Prepared by ~ Teresa Hof. ary~ !, ~ , Corporation Comisel ORDINANCE 08-18 AN ORDINANCE REVOHING THE SPECIAL UTSE AMENDMENT FOR THE PROPERTY LOCATED AT 6415 DEMPSTER STREET, 6421.-6457 DEMPSTER STREET, AND 8717 LINCOLN AVENUE, TO RESCIND AN EXTENSION OF TIME TO COMMENCE AND PROCEED WITH CONSTRUCTION OF A PLANNED UNIT DEVELOPMENT WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of goverment and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois; and as such 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, Morton Grove DL, LLC, 6300 Lincoln Avenue, Morton Grove, Illinois 60053, made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC 07-10, requesting an amendment to the Special Use Permit for a planned unit development seeking an extension of time for the progression of construction; and WHEREAS, Morton Grove DL, LLC, was previously granted a special use for a planned unit development at said site pursuant to Ordinance OS-48 for the development and construction of two mixed unit buildings consisting of 13,115 square feet of retail space, 54 cpndominiums, and 21 townhomes; and WHEREAS, pursuant Ordinance 06-31, approved on September 11, 2006, the Special Use Permit was amended in order to make minor changes to the site plan; and WHEREAS, pursuant to Section 12-6-7 of the Village of Morton Grove .Unified Development Code, construction of a development under a planned unit development permit shall commence within twelve months from fhe date of passage of the authorizing ordinance and shalLproceed to completion in accordance with the submitted phasing plan and construction schedule. If no substantial development construction has begun or progressed in accordance with the time permitted by the ordinance and stated in the approved development and construction schedule, then a planned unit development shall lapse unless the Village Board of Trustees extends the time either for the commencement of construction or the progression of construction; and WHEREAS, Morton Grove DL, LLC did not commence construction by September 11, 2007, stated this delay in construetionwas due to management and financing concerns, and assured the Village it would have financing on or before Apri130, 2008, and construction would begin immediately thereafter; and WHEREAS, pursuant to Ordinance 08-03, the Village of Morton Grove granted an amendment to the special use permit previously granted to the property to allow for an extension of time for the commencement and progression of the construction of the proposed development; and WHEREAS, Ordinance 08-03 imposed certain conditions and restrictions including the requirement that "in the event financing has not been approved by April 3Q 2008; this ordinance and this extension are subject to further review, modif cation, and revocation"; and WHEREAS, as of Apri130, 2008, the applicant/developer has not secured financing for the development, and construction has not commenced or progressed; and WHEREAS, the Corporate Authorities find without approval of financing there is a great likelihood the construction and progress of this development will not occur within the foreseeable future; and WHEREAS, the Corporate Authorities deem the granting of any further extensions to commence and proceed with construction of this development is not in the best interest of the Village, does not protect the public health, safety, and welfare, and may cause substantial injury to the value of other properties in the neighborhood in which the development is located. 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 Authoritiesdo hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: The special use amendment granted to those properties located at 6415 Dempster Street, 6421-57 Dempster Street, and 8717 Lincoln Avenue to extend the time to commence and proceed with construction of a Planned United Development is hereby revoked and the Planned Unit Development granted to the applicant pursuant to Ordinance 05-48 for the development and construction of two mixed unit buildings consisting of 13,115 square feet of retail space, 54 condominium units, and 21 townhouses, as amended pursuant to Ordinance 06-31, is hereby deemed to have lapsed. SECTION 3: 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 amendment as previously granted haslapsed. _ SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 9`" day of June 2008 Trustee Brumzer Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 9`h day of June 2008. Richard. Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 10`h day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois VHAdmin\Legis\Ord\2008\pc07-IO.PUD ,MC DL,LLC-lapsed Legislative Summary Ordinance AMENDING TITLES 1, 2, 3, 4, 5, 6, 7, 8, 9,10 AND 12 OF THE VILLAGE OF MORTON ---~' GROVE CODE REMOVING THE INDIVIDUAL FINES AND ESTABLISHING A FINE SECTION Introduced May O5, 2008 Synopsis: This Ordinance amends Titles 1 through 10 and 12 of the Municipal Code. Purpose: This Ordinance will restructure the Village's Municipal Code to remove references to specific fines from individual Code Titles, Chapters, and Sections, and set forth all Village fines in Title 1, Chapter 4 of the Municipal Code. The ordinance also revises the Village's fines and penalties so they are consistent and current with other Village ordinances and fines imposed for other similar offenses and penalties assessed by State statute. This amendment will allow fines and penalties to be easily reviewed by law enforcement and other Village enforcement officers as well as the Village's adjudication hearing system. Background: In 2007, staff began to review the Village's fines and penalties in an effort to determine if ' fines and fees. Staff they were consistent with State statute and other municipalities determined the Village's fines and fees required an increase in the general penalty and other specific fines to remain consistent with other municipalities. Village staff also believes placement of all fines and penalties in one section of the Village Code will allow for a more ' s adjudication efficient review of such fines and penalties by Village staff, the Village hearing system, and by residents and businesses. This ordinance also grants the Village Administrator to enter into stipulated settlements for violations which are settled prior to the designated hearing date. The stipulated settlement amount for parking tickets shall be $10.00 if paid prior to an initial due date specifiedbn the citation, $15.00 if paid after the initial due date but prior to the administrative hearing, and $20:00 if paid on the date of the administration hearing. Department Affected: All Departments Fiscal Impact: Because of the variable nature of ordinance violations, additional revenues generated by imum fine for most ordinances will i Th e m n this ordinance will be difficult to calculate. now be $75.00 to $750.00 per offense and each day is considered a separate offense. Previously, the fine for many ordinances was $50.00 to $500.00; therefore it is possible the Village will receive additional revenue of approximately $22,500.00 per year based on the increase of this general penalty. Source of Funds: Not applicable Administrator Recommendation: Approved as presented First Reading: May 12, 2008. Respectfully submitted: _ ~~ __ ~ Jose ade, Village Administrator ""~~ ~a ~:v Prepared by: Reviewed by: Peter P Falcone, Administrative Intern Teresa ~../_ Corporation Com~sel -' ORDINANCE 08-22 AMENDING TITLES 1, 2, 3, 4, 5, 6, 7, 8, 9,10 AND 12 OF THE VILLAGE OF MORTON GROVE CODE REMOVING THE INDIVIDUAL FINES AND ESTABLISHING A FINE SECTION 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 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village has a policy of regularly reviewing and revising its Municipal Codes, as necessary, to insure the provisions of the Code remain compliant with contemporary statutes and relevant to the current operations and requirements within the Village; and WHEREAS, at the direction of the Village President and Village Board of Trustees, the Village staff has reviewed the fines and penalties established by the Village for violations and offenses of Village codes and ordinances in order to insure such fines and penalties are consistent, and current with fines and penalties assessed by the state statutes and other municipalities for similar offenses; and WHEREAS, it is the staff's recommendation the Village Code be amended so as to include all fines and penalties in one location of the Code, i.e. Title 1 Chapter 4, so all fines can be easily reviewed by law enforcement and other Village enforcement officers, as well as the Village's adjudication hearing system. Also, the inclusion of all fines and penalties in one central location will make it easier for the Corporate Authorities to review and make appropriate reconunendations and modification as deemed appropriate. WHEREAS, in order to keep the Municipal. Code current and in order to protect and preserve the health, safety, and welfare of persons within the Village of Morton Grove, it is reasonable, appropriate, and necessary to update the Municipal Code. NOW, THEREFORE, BE IT ORDAI1vED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein. thereby making the findings as hereinabove set forth. SECTION 2: Title 1, Chapter 4 of the Municipal Code of the Village of Morton Grove is hereby amended by repealing the chapter in its entirety and replacing it with a new Title 1, Chapter 4 to be entitled "Penalties" and shall read as follows: CHAPTER4 PENALTIES SECTION: 1-4-1: General Penalties for Offenses and Violations 1-4-2: Monetary Penalties and Fines for Specific Violations and Offenses 1-4-3: Stipulated Settlement 1-4-4: Compliance Agreement 1-4-5: Citations or Complaints 1-4-6: General Provisions Relating to Violations and Offenses 1-4-1: GENERAL PENALTIES FOR OFFENSES AND VIOLATIONS: Whenever in this Municipal Code, or in any ordinance of the village, any act or omission is prohibited or is made or declared to be unlawful or an offense or a violation of this Code, or whenever in such Code or ordinanrce the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a violation of this Code, the violation of any such provision of this Code or any ordinance shall be punishable by a fine of not less than seventy-five dollars ($75.00) and not more than seven hundred fifty dollars ($750.00) unless specifically provided otherwise in this chapter. 1-4-2: MONETARY PENALTIES AND FINES FOR SPECIFIC VIOLATIONS AND OFFENSES: The minimum and maximum for violations of the following Code Sections, or offenses referenced therein shall be as follows: CODE DESCRIPTION OF VIOLATION pENAI.TY $' 4-3-14-F Failure to Post Surgeon General Warning Sign 20 - 100 4-3-19-C-9-a Finding of Guilty by Local Liquor Control Commission - 1" violation 0 - 1,000 4-3-19-C-9-a Finding of Guilty by local Liquor Control Commission • 2n0 violation 0 - 2,500 4-3-19-C-9-a Finding of Guilty by Local Liquor Control Commission - 3'tl violation 0 - 5,000 4-3-20-C Sale of Alcohol without license - 1°' violation 100.1,000 4-3-20-C Sale of Alcohol without license - 2ntl violation 250 - 1,500 4-3-20-C Sale of Alcohol without license - 3rtl violation 500 - 2,500 4-3-20-D False statement in attempt to obtain liquor license - 1 s' violation 75 - 500 4-3-20-D False statement in attempt to obtain liquor license - 2n0 violation 250. 1,500 4-3-20-D False statement in attempt to obtain liquor license - 3'° violation 500 - 2,500 4-3-20-E Underage Purchase etc. of Alcohol 75 - 1,000 4-3-2D-F All other violations-of liquor Control Act by non-licensee 100 - 5,000 4-3-20-G All other violations of Liquor Control Act by licensee - 1" violation 100 - 1,000 4-3-20-G All other violations of Liquor Control Act by licensee - 2n° violation 150 - 1,500 4-3-20-G All other violations of Liquor Control Act by licensee - 3`° violation 500 - 2,500 4-5A-9-A Violations of Tobacco Dealers - 15' within 12 months 200 - 750 4-15-3 ~ Violations of Garage and Yard Sales 20 - 750 5-1-3-D Parking in restricted zone, METRA parking violation or metered area 20 5-1-3-E Administrative fines related to immobilization, towing, and impoundment 500 5-4-10-1-D Violations of Motor Driven Scooter - 1 ~` violation 50 - 100 5-4-10-1-D Violations of Motor Driven Scooter - 2ntl violation 100 - 750 5-4-18-D Driving While Under The Influence of Alcohol, Other Drug, or Combination Thereof 250 - 2,500 5-9-7-I Violations of Handicapped/ Disabled Parking -Unauthorized parking in disabled space 250 - 350 5-9-10-F Violations of Electronic Fare Collection Devices 25 - 750 5-12-5 Violation of Snow Removal 5-12-1 25 - 750 5-12-5 Violation of Snow Removal 5-12-4 25 - 750 6-1-3-C Prohibition of Vandalism, Trespass or Misuse of Private Property; Parental Responsibility Established 25 - 750 6-3-1-A Use, possession or providing prohibited smoking paraphernalia - 1~` violation 100 6-3-1-A Use, possession or providing prohibted smoking paraphernalia - 2ntl violation 150 - 750 6-4-8-M Additional fine if in non-compliance of Vicious Animals 500 6-4-16 Violations of Animal Control - 1~' violation 75 - 750 6-4-16 Violations of Animal Control - 2ntl violation 100- 750 6-4-16 Violations of Animal Control - 3`tl violation 200 - 750 7-Q-7-F Violations of Sprinkler Regulations - 1~' violation 25 7-4-7-F Violations of Sprinkler Regulations - 2ntl violation 100 7-4-7-F Violations of Sprinkler Regulations - 3r0 violation 150 8-6-2-D Violations of Detergent Restrictions - 1 "` violation 75 - 750 8-6-2-D Violations of Detergent Restrictions - 2n° and subsequent violations 250 - 2500 8-9-4-A Violations of Smoke Free Morton Grove Ordinance 75-750 or penalty provided in 410 ILCS 82/1 whichever is reater 8-9-4-B Vlolations of Smoke Free Morton Grove Ordinance (Business) -1~' violation 100-500 or penalty provided in 410 ILCS 82/1 whichever is reater 8-9-4-B Violations of Smoke Free Morton Grove Ordinance (Business) - 2ntl violation 200-75D or penalty provided in 410 ILCS 82/1 whichever is reater 8-9-4-8 Violations of Smoke Free Morton Grove Ordinance (Business - 3`" violation 500-2500 or penalty provided in 410 ILCS 82/1 whichever is reater 8-10-6 Violations of Local Emergency Energy Plan 2,500 - 10,000 - 10-13-7 Violations of Fair Housing 1,000 - 5,000 12-14-16 Violations of Flood Damage Prevention 75 - 1,000 1-4-3: STIPULATED SETTLEMENT: A. The Village Administrator or his/her designee is authorized and given discretion to settle citations for violations of this Code or any Village ordinance by accepting on behalf of the Village a fine less than the amount specified in this Chapter or any Village Ordinance and/or to establish settlement dates for each such violation: For violations where a showing of compliance is applicable, settlement as provided for in this section shall only be authorized upon a showing of compliance. The Village Administrator may establish procedures for the issuance of notices of violations requiring appearance at an administrative hearing or court not in addition to those procedures set forth in this Code. Under extraordinary circumstances, the Village Administrator or his/her designee may wave a fine pursuant to his/her written discretion. B. Citations issued for the following violations xnay be settled in the following manners: Settlement amount if Settlement amount if paid Settlement amount if paid prior to initial due afterinitial due date, buY paid on Administrative date specified on prior to Administrative Hearin date g Violation Category Citation Hearing date Parking Violations; except for parking violations related to parking areas reserved for persons with disabiliries or $1 0.00 $15.00 $20.00 violations related to pazking . in, by or near fire hydrants and designated fue lanes Expired parking meter $10.00 $15.00 $20.00 violations Violations related to $250.00 $300.00 $350.00 designated disabled spaces Violations relating to Fire $100.00 $150.00 $200.00 Hydrants and Fire Lanes Violations per 5-1-5 $25.00 $40.00 N/A Compliance citations 1-4-4: COMPLIANCE AGREEMENT: Iri lieu of or in addition to any penalty or procedure authorized herein or by law, the Village Administrator or his/her designee and any person accused of violating any Village ordinance, rule or regulation may enter into a written agreement providing for the proper and timely abatement of such violation. A Compliance Agreement may include a description of the specific action that will be taken to abate the violation; a timetable for such action, a requirement for performance security, notice procedures and reporting requirements, liquidated penalties and other items reasonably related to the proper and timely abatement of violation. A. Compliance Agreement shall constitute a written contract which maybe enforced by any appropriate action at law or in equity, including an action for specific performance or injunctive relief A Compliance Agreement may be recorded. The violation of a Compliance Agreement shall constitute a separate violation of the Village of Morton Grove Municipal Code. A Compliance Agreement shall not relieve any person from the continuing obligation to comply with the ordinances, rules, regulations and or Codes of the Village of Morton Grove. 1-4-5: CITATIONS OR COMPLAINTS: A. A citation or complaint for any vrdinance violation or a violationof this Code may encompass more than one offense or violation, or offenses or violations cortinuing for more than one (1) day. _ B: _ Unless specifically provided otherwise in this Code, a citation or complaint for any ordinance violation or any violation of this Code maybe served in the following manners: 4 1. By regular mail and simultaneous certified mail, return receipt requested to the last known address of the defendant. If the certified mail is returned to the Village marked "unclaimed", but the regular mail is not returned to the Village within fourteen (14) days after mailing, the service shall be deemed effective; 2. By personal service made either by personally delivering the citation or complaint to the defendant, or by leaving a copy at the defendant's usual place of abode with some person of the defendant's household of the age of thirteen (13) years or older, and informing that person of the contents thereof, provided, a copy of the citation or complaint shall also be sent in a sealed envelope via regular mail to the defendant at his or her usual place of abode; 3. If the defendant is a licensee of the Village, by personal service or regular mail to the licensee or the agent for the licensee identified on the license application, or by leaving a copy of the citation at the licensee's place of business with an employee or agent of the licensee; 4. By posting the citation on any vehicle parked in violation of this Code or any Ordinance; 5. By posting the citation at the last known address of the defendant; b. If the defendant is a licensee of the Village, by posting the citation on any property identified on the license application as a residence or place of business of the licensee or agent for the licensee; 7, By any other means permitted by all applicable provisions of the Illinois Code of Civil Procedure, the Illinois Supreme Court Rules, or the Local Rules of the Circuit Court of Cook County. C. Unless an emergency involving public health; safety, or the general welfare of the community is involved, no citation shall be heard by any court with jurisdiction or by the Village's adjudication hearing officer sooner than fourteen (14) days nor later than forty-five (45) days from the date of the issuance of the citation. 1-4-6: GENERAL PROVISIONS RELATING TO VIOLATIONS AND OFFENSES: A. A separate offense or violation of a Code or ordinance shall be deemed committed on each day or part thereof on wluck such offense or violation occurs or continues or is permitted to occur or continue. B. Whenever a minimum but no maximum fine is imposed as a penalty by any section or paragraph of this Code, the offender maybe fined any sum exceeding the minimum fine but the fine shall not exceed seven hundred fifty dollars ($750.00). C. No provision of this Code designating the duties of any village officer or employee shall be construed as to make such officer or employee liable for any fine or penalty provided in this Code for a failure to perform such duty, mlless the intention of the Board of Trustees to impose such a fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. D. The owner or occupant'of any premises upon which a violation offense has occurred, the owner of any object or material placed or remaining anywhere in violation of any code or ordinance and the owner or occupant of any premises served by any excavation or structure illegally made or erected, shall be deemed prima facie responsible for the violation so evidenced, and subject to all penalties provided therefore. E. Every act or omission of any nature constituting a violation of any provisions of this code or arty Village ordinance by any officer, director, manager, or other agent or employee of any licensee, shall be deemed and held to be the act of such licensee, and said licensee shall be punishable in the same manner as if said act or omissionhad been done or omitted by said licensee personally. F. The fact any automobile which is illegally parked is registered in the name of a person shall be considered prima facie proof such a person was in confrol of the automobile at the time of such parking. (Ord. 98-11, 9-14-1998) G. An unpaid fine or part thereof may be collected by any means authorized by law for the collection of municipal fines or monetary judgments. Corporation Counsel is authorized to take any and all action and/or retain attorneys and private collection agents for the purpose of collecting any unpaid fine or part thereof Any Fees or costs incurred by the Village to collect any unpaid fine shall be charged to and paid by the offender. H. The fact a person is obligated to the Village for any unpaid fine or related charge shall be a basis to deny, suspend or revoke any permit or license issued by the Village and or to shut off water provided to any property owned or occupied by such person. i. The imposition of any fine shall be in addition. to and not exclusive of any other right or remedy allowed by this Code or otherwise by law and of all obligations of the defendant, and shall not preclude any additional remedies ofthe Village including injunctive relief. (Ord 08- , OS-12-08 SECTION 3: The following Code Sections of the Municipal Code of the Village of Morton Grove 1-I1-14 1-12-12 1-13-10 1-16-8 4-1-10 4-1A-9 4-1B-5 4-1C-5 4-2-10 4-2A-4 4-2B-3 4-2C-3 4-2D-17 4-2E-6-B 4-2F-4 4-2G-4 4-2J-6 4-2K-4 4-2L-2 4-4A-4 4-4C-6 4-SC-4 4-SF-4 4-SG-5 4-SI-3 4-SK-4 4-6-7 4-7-6 4-8-4 4-9-4 4-10-3 4-11A-10 4-11F-6 4-12A-3 4-12H-15 4-12K-10 4-12M-5 4-12N-5 4-12R-9 4-13-6 4-14A-2 4-14B-5 4-15-3 4-17B-6-B 4-17E-7 4-17F-8 5-3-6 5-7-9 6-1-2-T-3(h) 6-1-7 6-2-7-C 6-4-6-M 6-6-11 - 7-1-16 7-4-4-P 7-4-11 7-7-20-B 7-8-6 8-1-6 8-4-12 8-7-11 9-1-6 9-2-4 9-3-5 9-4A-9 9-4B-7 9-4C-3 9-5-3 9-7-3 10-2-4 10-3-7 10-4-4 10-7-4 10-9-5 10-16-6 are hereby amended toread as follows: PENALTY: Any person violating any of the provisions of this article shall be fined in accordanc e with Title 1 Chapter 4 of this Code. SECTION 4: The following Sections and Subsections of the Municipal Code of the Village of Morton Grove-are hereby amendedto read as follows- :. 6 1-5-9: DISTURBING MEETINGS: It shall be ua1lawful for any person to disturb any meeting of the board of trustees or of any committee thereof. Any person violating the -' provisions of this section shall be fined in accordance with Title l Chapter 4 of this Code. (Ord. 98-I1, 9-14-1998) 1-8-11-H: CODE OF ETHICS: H. Enforcement and Penalty: Any person violating any of the provisions of this section shall be fined in accordance with Title l Chapter 4 of this Code for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. Nothing hereincontained shall create or detract. from the civil or criminal liability of any public official or employee, or any other laws or ordinances. Violations of any provisions of this code shall constitute a cause for suspension, removal from office or employment, or other disciplinary action by the appropriate authority, and in the case of elected officials, the issuance of a public prociarnafion calling upon the affected official to resign his off ce in the best interests of the village. (Ord. 99-20, 6-14-1999; amd. Ord. 01-53, 11-26-2001) 2-2-6: VIOLATIONS AND PENALTY: Any person violating or refusing to obey any order of the board of environmental health or destroying, mutilating or concealing any notice posted by or under the authority of the board of environmental health shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense. Each day will constitute a separate offense. (Ord. 95- 15, 5-22-1995; amd. Ord. 00-21, 8-14-2000) 3-3A-7-B-2: CONDUCT OF HEARINGS: 2. Violations of Orders: Any person having received notice and opportunity for a hearing as provided in this article who knowingly fails to comply with an order issued by the administrative hearing officer under this article, including the issuance of a subpoena, shall, if the order is not stayed by a court of competent jurisdiction prior to its effective date, be guilty of contempt. Contempt shall be punishable by a fine in accordance with Title 1 Chapter 4 of this Code for each offense. Each day the violation continues shall be considered a separate and distinct offense, hi a prosecution under this section, it shall not be a defense that a person came into compliance with an order, sought judicial review of it, or made efforts to comply with an order, subsequeht to its affective date. (Ord. 85-1, 1-25-1985} 3-8-6: PENALTY: Any person, who shall violate a stop work order or a cease and desist order, or any other provision of this code relating to the building and inspectional services department shall be fined an amount in accordance with Title 1 Chapter 4 of this Code. Each day the noncompliance continues following written notification maybe deemed a separate violation - forpurposes of this section. (Ord. 07-07, 3-26-2007) 4-3-14-F: REGULATIONS FOR LICENSEES: F. Every licensee shall post in plain view on the licensed premises an eight and one-half inch by eleven inch (8 1/2" x 11 ") sign with the following message: "GOVERNMENT WARNING: ACCORDING TO THE SURGEON GENERAL, WOMEN SHOULD NOT DRINK ALCOHOLIC BEVERAGES DURING PREGNANCY BECAUSE OF THE RISK OF BIl2TH DEFECTS". The local liquor control commission shall furnish a copy of this sign upon request. If the licensee fails to post said sign. within seven (7) days after receiving a written warning, he shall be fined in accordance v,~ith Title 1 Chapter 4 of this Code for each such violation, and each day the violation continues shall constitute a separate offense. 4-3-19-C-9-a: PROCEEDING BEFORE THE LOCAL LIQUOR COIarTROL COMMISSIONER: a. Levy a fine on the person or licensee for such violaticrs. The fine imposed shall be ir. accordance with Title 1 Chapter 4 of this Code for each offense, and everyday that such violation is permitted to continue shall constitute a distinct and separate offense. Not more than fifteen thousand dollars ($15,000.00) in fines under this section maybe imposed against any licensee during any annual period of his license. Proceeds from such fines shall be paid into the general corporate fund of the municipal treasury; 4-3-20: VIOLATIONS; PENALTIES: A. The village of Morton Grove administrative adjudication hearing officer andlor the circuit court of Cook County are authorized to hear and determine proceedings against any person for violations of this chapter. B. No person shall be charged or prosecuted for any violation of this chapter if he is a law enforcement off cer or an agent of the chief of police in the investigation or enforcernent of the provisions of this chapter or the act and his activities are approved in writing by the Cook County state's attorney, the director of state, or the eluef of police of the village. C. Any person who sells alcoholic liquor at any place within the village of Morton Grove without having first obtainod a valid and current license to do so under the provisions of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. D. Any person who makes any false statement or otherwise violates any of the provisions of this chapter in attempting to obtain any license hereunder shall be fined in accordance with Title 1 Chapter 4 of this Code, and said appheation or license may be rejected or revoked. E. Any person under the age of twenty one (21) years who-buys, accepts, receives, consumes, or _ for the pwTose of buying, accepting or receiving alcoholic liquor represents that he is twenty one (21} years of age in violation of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each violation. In lieu or in addition to any fine, said person maybe required to perform community service or participate in a drug or alcohol education or - _' treatment program. F. Except as specified otherwise in this chapter, any person other than a licensee who violates any provision of this chapter not specified above shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense; and a separate offense anal every day that such violation is permitted to continue shall constitute a distinct and separate offense. G. Any licensee who violates any provision of this chapter not specified above shall be fined in accordance with Title 1 Chapter 4 of this Code. Each day on which a violation continues shall constitute a separate violation. Said fine shall be in addition to any sanction imposed by the commissioner pursuant to section 4-3-19 of this chapter. (Ord. 06-20, 6-I2-2006} 4-SA-9: PENALTY: Any person. violating any of the provisions of this article shall be fined accordingly: A. For the first violation, a fine shall be imposed in accordance with Title 1 Chapter 4 of this Code; B. For the second violation within a twelve (12) month period, a fine shall be imposed in accordance with Title 1 Chapter 4 of this Code and a suspension of the license of the retail tobacco dealer for a period of ten (10) days; C. For the third violation within a twelve (12) month period, a fine shall be imposed in accordance with Title 1 Chapter 4 of this Code and a suspension of the license of the retail tobacco dealer for a period of not less than thirty (30) days nor more than sixty (60) days. (Ord. 96-5, 1-22- 1996; amd: Ord. 01-39, 8-13-2001; Ord. 02-49, 10-28-2002) The village shall impose a fine in accordance with Title l Chapter 4 of this Code upon any person who sells tobacco products without a license as required of this article or after a license issued pursuant to this article has been suspended. Each instance in which a person sells tobacco products in violation of this article sha1.1 constitute a distinct and separate violation. (Ord. 91-SS, 12-9-1991; amd. Ord. 96-5, 1- 22-1996; Ord. 99-31, 7-12-1999; Ord. 01-39, 8-13-2001) 4-12L-14: PENA3lTY: Any violation of the provision of this chapter shall be an offense punishable by revocation of relevant licenses plus a fine in accordance with Title 1 Chapter 4 of this Code for each offense and every day that such violation is permitted to continue shall constitute a distinct and separateoffense. (Ord. 85-1, 1-25-1985) 9 5-1-3: VIOLATIONS, PROCEDURES, PENALTIES: A. Arrest: Any person arrested for a violation of any provision of the traffic code shall be released upon proper bail being furnished as required by statute. B. Tickets: Fox offenses other than driving while intoxicated or reckless driving, police officers, after making note of the license number of the vehicle (and. name of the offender where possible), may issue a traffic violation ticket notifying the offender to appear in court or before the village's adjudication hearing officer at the time designated for hearing such cases. Such officex may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified. C. Prima Facie Proof: The fact that an automobile which is illegal]y parked is registered in the name of a person shall be considered to be prima facie proof that such person was in control of the automobile at the time of such parking. D. Minor Violations: Any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be parked there, or parking at the METRA train station, or in a metered area without paying the required parking fee, may settle and compromise the claim against him or her for such illegal parking by paying to the municipality the sum in accordance with Title 1 Chapter 4 of this Code. A receipt shall be issued for all money so received, and such money shall be promptly turned over to the treasurer to be used in the manner provided for in the disposition of fines for traffic violations. The members of the police department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved. This subsection shall not apply to a person parking a vehicle so as to obstruct the entrance or exit of any place where police or fire department apparatus or other emergency equipment is kept or housed, or so as to block an emergency entrance to a hospital, or in a parking area reserved for persons with disabilities. Nor shall this subsection apply to any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley, or parking in such away as to reduce traffic on an arterial street to one-way traffic only; nor to any person. who refused to move a vehicle illegally parked at the request of any member of the police department. E. Motor Vehicle Immobilization, Towing and Impoundment: The chief of police is hereby authorized to direct and supervise a program of vehicle immobilization as provided for in this subsection. This program of vehicle immobilization shall provide for immobilizing any vehicle upon the public way by placement of a restraint in such a manner as to prevent its operation. Should the eligible vehicle be parked or left in violation of any provision of this title concerning obstruction of traffic, ingress or egress from driveways, alleys, fire lanes, hydrants, stations, handicapped parking. spaces, or in any place where it constitutes an obstruction or hazard, or where it impedes village employees during such operations as snow removal, the chief of police (or his/her designee) may declare said vehicle to be an "unlawful 10 vehicle" as defined hi section 5-7-1 of this title and said vehicle maybe towed pursuant to chapter 7 of this title. 2. Any and all vehicles of a registered owner or registered co-owner who has on at least three (3) occasions been found to have violated any provision of this title or any ordinance of the village of Morton Grove pertaining to the licensing, parking, storage, use or maintenance of any vehicle, and who has not paid the fine assessed for three (3) or more said violations within twenty eight (28) days after being assessed may be towed pursuant to section 5-7-6 of this title and/or may be eligible for immobilization as provided herein anytime so long as a. At least twenty one (21) days prior to immobilization, anotice of impending vehicle immobilization has been sent to the registered owner by first class mail, postage prepaid, at the address of the registered owner as recorded with the secretary of state, or in the case of a vehicle bearing a registration number of a state other than Illinois, at the address of the registered owner recorded in that state's registry of motor vehicles. The notice shall state t're name and address of the registered owner, the state registration number of the vehicle, the nature of the ordinances violated and the numbers and issue dates of the outstanding .parking complaints. The notice shall also advise that a person may challenge the validity of the notice of impending vehicle immobilization by appearing in person and submitting evidence which could conclusively disprove liability, such as the following: (1) The person was not the legal owner or lessee of the vehicle on the date or dates the notices of violations were issued; or (2) The fines or penalties for the violations cited in the report were paid; or (3) The registered owner has not accumulated three (3) or more parking or village license violation complaints which are unpaid. b. Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous place. Such notice shall warn that the vehicle is immobilized and that any attempt to move the vehicle may result in its damage. The notice shall also state that the unauthorized removal of or damage to the immobilization restraint is a violation of 720 Illinois Compiled Statutes 5/16-1 (theft) or 5/21-1 (criminal damage to property). The notice shall also provide information specifying how release of the immobilizing restraint may be had, and how the registered owner may obtain an immobilization hearing pursuant to this section. o. Except where a vehicle is otherwise subject to towing, if the immobilizing restraint has not been released pursuant to subsection E2d of this section within twenty four (24) hours of its placement, the restraint may be released and the vehicle towed and impounded pursuant to section 5-7-6 of this title. 11 d. Prior to a hearing on the validity of the immobilization as provided in subsection E2e of this section, the owner of an immobilized vehicle or other authorized person shall be permitted to secure release of the vehicle by: (1) Paying an immobilization fee of five hundred dollars ($500.00) and all applicable towing and storage fees; and (2) Paying all the fines and penalties, if any, on the outstanding complaints specified in the notice of impending vehicle immobilization; or completing the appearance forms on all outstanding parking violations specified in the notice of impending vehicle immobilization and depositing collateral in the amount of fifty percent (50%) of the total fines for the outstanding violation complaints specified in the notice of impending vehicle immobilization, or five hundred dollars ($500.00), whichever is less. Collateral shall be in the form of United States currency, traveler's checks, money order, certified check or cashier's chock or accepted credit card(s), but ne personal checks shall be acceptable. e. The owner of an immobilized vehicle shall havethe right to a hearing to determine whether the immobilization or any subsequent towing was erroneous pursuant to the procedures set forth in section 5-7-6 of this title prior to the vehicle being towed, or section 5-7-7 of this title after the vehicle has been towed. Failure to request or attend a scheduled hearing shall be deemed a waiver of the right to a hearing. In event of such failure, any amount deposited pursuant to subsection E2d(2) of this section shall be forfeited. A hearing provided by this section shall not determine the validity of or otherwise adjudicate any citation or notice of violation issued relative to the immobilized vehicle. f. It shall be unlawful to relocate or tow any vehicle restrained by an immobilization device or remove or damage any immobilization device without the approval of the deputy chief of police, or his designee. The unauthorized removal of an immobilized vehicle shall be subject to a penalty in accordance with Title 1 Chapter 4 of this Code. A motor vehicle; operated with the permission, express or implied, of the owner of record, that is used iri connection with any of the following acts or offenses, shall be subject to seizure and impoundment by the village, and the owner of record of said vehicle shall be liable to the village for an administrative penalty in accordance with Title I Chapter a of this Coda, in addition to any towing and storage fees as hereinafter provided: a. Driving while driver'slieense, permit, or privilege to operate a motor vehicle is suspended. or revoked pursuant to any state statute, unless the suspension is due to a failure to comply with emissions testing. 12 b. Driving under the influence of alcohol, drugs and/or intoxicating compounds or -_ any combination thereof pursuant to 625 Illinois Compiled Statutes 5/11-501 or a similar local ordinance. c. Possession or attempted possession of cannabis or a controlled substance pursuant to 720 Illinois Compiled Statutes 550/2 et seq.; and 570/101 et seq., or a similar local ordinance. d. Fleeing or attempting to elude a peace officer pursuant to 625 Illinois Compiled Statutes 5/11-204, or 5/11-204.1 or a similar local ordinance. e. Reckless driving, pursuant to 625 Illinois Compiled Statutes 5/11-503, or a similar local ordinance. f. Drag racing, pursuant to 625 Illinois Compiled Statutes 5/11-504, or a similar local ordinance. g. The purchase, possession or consumption of alcoholic liquor by a person under the age oftwenty-one (21) pursuant to title 4, chapter 3 of this code or a similar state or local ordinance. h. Disorderly conduct, including the commission of any act in such unreasonable mamler as to provoke, make or aid in making a breach of peace, any unreasonable or offensive act, utterance, gesture or display which, under the circumstances, creates a clear and present danger of a breach of peace or imminent threat of violence pursuant to section 6-1-4 of this code or a similar state or local ordinance. i. Falsely representing oneself as a police officer. Prostitution, soliciting for a prostitute, solicitation of a sexual act, or patronizing prostitution as provided in the criminal code of 1961, 720 Illinois Compiled Statutes 5/11-14, 5/11-14.1, 5/11-15.1, 5/11.-18, and 5/11-18.1 or similar state statutes or local ordinances. k. Indecent exposure pursuant to section 6-I-5 of this code or a similar state or local ordinance. Operating a motor vehicle not covered by a liability insurance policy in accordance with sections 5/7-601 and/or 5/7-602 of the Illinois vehicle code, or a similar local ordinance. m. Leaving the scene of a motor vehicle aocident involving personal injury or death. n. Reckless homicide or vehicular homicide. 13 o. When a motor vehicle is operated by a person against whom a warrant has been issued by a circuit court in Illinois for failing to answer any charge set forth in this subsection. 4. Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to subsection E3 of this section, the police officer shall provide for the towing of the vehicle to a facility authorized by the chief of police. Before or at the time the vehicle is towed, the police officer shall make a reasonable effort to notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle and of owner's right to request a preliminary vehicle impoundment hearing to be conducted under this section. Said vehicle shall be impounded pending the completion of the hearings provided for in the following subsection, unless the owner of the vehicle waives his right to a hearing under this section, stipulates in writing the vehicle was being used in violation of this section acid pays an administrative penalty in accordance with Title 1 Chapter 4 of this Code or posts a cash bond in the amount of five hundred dollars ($500.00). a. Once impounded, the vehicle shall. be released to the owner of the vehicle if the owner of the vehicle waives his right to a hearing under this section, stipulates in writing the vehicle was being used in violation of this section and pays an administrative penalty in accordance with Title 1 Chapter4 ofthis Code, or posts a cash bond in the amountof five hundred dollars ($500.00), and pays all accrued towing and storage charges, or by order of the chief of police or his designee pursuant to a preliminary hearing, or by order of a hearing officer pursuant to a hearing. b. If the owner of a seized vehicle makes a written request for a preliminary hearing to the chief of police within forty eight (48) hours after receiving notice of the seizure, a preliminary hearing shall then be conducted by the chief of police or his designee within two (2) business days after the receipt of said request.. The formal rules of evidence will not apply at said hearing and hearsay evidence shalLbe admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. All interested persons shall be given a reasonable opportunity to be heard at the hearing. If, after the hearing, the chief of police or his designee determines there is probable cause to believe the vehicle is subject to seizure and impoundment pursuant to this section, he shall order the continued impoundment of the vehicle. If the chief of .police or his_designee determines there is no such probable cause, the vehicle will.be released without penalty or other fees. c. In addition to the notice provisions and the right to a preliminary hearing as set forth in subsection E2 of this section and this subsection E4, the village shall provide notice to the owner and the owner shall be entitled to a posttow hearing pursuant to section 5-7-7 of this title. All interested persons shall be given a reasonable opportunity to be heard at the hearing. Zf, after the hearing, the hearing officer deternlinesby a preponderance of evidence the vehicle was used in comzection with a violation set forth in this section, the hearing officer shall 14 enter an order finding the owner of record of the vehicle civilly liable to the village for an administrative penalty in accordance with Title 1 Chapter 4 of this _._, Code and requiring the vehicle to continue to be impounded until the owner pays the administrative penalty to the village plus fees to the towerfor the towing anal storage of the vehicle. If the owner of record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the village: If the hearing officer finds that no such violation occurred, the hearing officer shall order the immediate return of the owner's vehicle or cash bond without fees. d. If an administrative penalty is imposed pursuant to this section., such penalty shall constitute a debt due and owing to the village. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the village may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. e. if an owner of record fails to request or appear at the posttow hearing, or tl~.e hearing is resolved in the village's favor and the owner fails to pay the administrative penalty and applicable fees, the vehicle may be disposed of in the mamrer provided by section 5-7-8 of this title. f. Except as otherwise specifically provided by law, no owner, lienholder, or other person shall be legally entitled to take possession of a vehicle impounded under this section until the administrative penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given. to that person if he or she agrees in writing to refund to the village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lienholders of record, not to exceed the administrative penalty; plus the applicable fees. g. This section shall not replace or otherwise abrogate any existing state or federal laws or village ordinance pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that maybe assessed by a court for any criminal charges. h. This section shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within seventy-two (72) hours after the theft was discovered. For purposes of this section, the "owner of record" of a vehicle is the record titleholder as registered with the secretary of state, state of Illinois. For purposes of this section "business day" means any day in which the office of the village administrator of the village of Morton Grove is open to the public for a minimum of seven (7) hours. 15 F. Fine: Whoever violates any of the provisions ofthis title for which another penalty is not provided shall be fined in accordance with. Title 1 Chapter 4 of this Code for each offense. (Ord. 06-06, 3-27-2006) 5-1-5-A: COMPLIANCE CITATIONS: A. Any person, pursuant to the issuance of a compliance citation, who is accused of violating prescribed sections of 625 Illinois Compiled Statutes, as adopted in their entirety by section 5- 4-19 ofthis title, may settle and compromise the claim against them by paying to the village a fine in accordance with Title 1 Chapter 4 of this Code. 5-4-10-1-D: PROHIBITION OF MOTOR DRIVER SCOOTERS: D. Violations: Auy person who violates any provision of this section shall be subject to a fine in accordance with Title 1 Chapter 4 of this Code. Additionally, if the arresting officer believes that the continued use of a motor driven scooter presents an immediate risk to the safety of the public, the officer may require any person who has been issued at least three (3} citations for violations ofthis section within any twelve (12) month period. to surrender the motor driven scooter. The sunendered motor driven scooter shall be impounded and held by the police department and shall be returned to its owner only after one of the following sets of conditions have been met`. L The person against whom the citation was issued shalLpay or cause to have paid all outstanding fines and an impound fee in the amount of two hundred fifty dollars ($250.00); or 2: The person against whom the citations were issued shall have been found not guilty by a hearing officer or a court of competent jurisdiction of the cited offenses. 5-4-18-D: DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUG, OR COMBINATION THEREOF: D. Penalties: Every person who is found guilty of a violation ofthis section shall be punished by a fine in accordance-with Title 1 Chapter ~ of this Code and maybe incarcerated for up to one year for each such offense. (Ord. 82-7, 3-8-1982) _ 5-6-9: PENALTY: Any person who violates this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense. The violation ofthis chapter is hereby declared to be a public nuisance, to be abated in the manner provided by law. (1969 Code § 77.050) 16 - 5-8-8-D: DRIVER AND PASSENGER REQUIRED TO USE SAFETY BELTS; ___ EXCEPTIONS AND PENALTY: D. A violation of this section shall be a petty offense and subject to a fine in accordance with Title 1 Chapter 4 of this Code. (Ord. 92-48, 10-12-1992) 5-9-7-L PARKING PROVISIONS FOR PERSONS WITH DISABILITIES: I. Penalties: Any person found guilty of violating Section "B" of this Chapter shad be fined in accordance with Title 1 Chapter 4 of this Code or such amount designated as the minimum fine for the unauthorized use of parking spaces reserved for persons with disabilities as set forth in 65 ILLS 5/11-1301.3 as amended from frme-to-time nor more than three hundred fifty dollars (5350.00) or such amount designated as the maximum fine for the unauthorized use of parking places reserved for persons with disabilities as set forth in 65 ILLS 5/11-1301.3 as amended from time-to-time per offense, notwithstanding the fine posted on the parking space. A separate offense shall be deemed committed for each one hour any person permits a motor vehicle to be parked in violation of Section "B". For all other violations, of this Chapter, there shall be imposed a fine in accordance with Title 1 Chapter 4 of this Code for each offense. Each day an offense shall continue shall be deemed a separate offense. 5-9-10-F: ELECTRONIC FARE COLLECTION DEVICES: F. Enforcement and Penalty: No person shall park any motor vehicle or permit any vehicle to remain parked in any numbered parking space in any fare device parking area without depositing the designated parking fee except for residents of Elm Street displaying a zone 2 sticker on their motor vehicle. It shall also be illegal for any person to tamper with, damage, deface or to insert any slugs, metallic devices or substitutes for legal U.S. tender required to pay the coin box parking fee. Any person convicted of a violation of any provision of this section shall be punished with a fine in accordance with Title 1 Chapter 4 of this Code for each separate offense. (Ord. OS-51, 11-28-2005) 5-11-11: PENALTY: Any person convicted of a violation of any provision of this chapter shall be punished by a fine in accordance with Title l Chapter 4 of this Code for each offense, or have their bicycle impounded for a period not to exceed ten (10) days, or fulfill other penalties imposed by the court. In place of other penalties prescribed in this section, bicycle patrol officers and police officers mag at their discretion, in lieu of issuing a "not7ce to appear" or "citation", 17 request the appearance of the person at a bicycle safety educational program as set up from tune-to- tinne bythe police department. (Ord. 78-17, 4-10-1978) ____ 5-12-5: PENALTIES: Any person who shall violate any provision of this chapter shall be deemed guilty of aquasi-criminal ordinance violation and shall be fined in accordance with Title 1 Chapter 4 of this Code for each violation. 6-1-3-C: PROHIBITION OF VANDALISM, TRESPASS OR MISUSE OF PRIVATE PROPERTY; PARENTAL RESPONSIBILITY ESTABLISHED: C. Penalty: Every person found guilty of an offense under this section shall be subject to the following penalties: Fine: A fine. in accordance with Title 1 Chapter 4 of this Code for each separate offense; 2. Conditional Discharge: A period of conditional discharge not to exceed one year. a. .The conditions of a conditional discharge shall include the defendant: (1) Not violate any criminal statute or quasi-criminal ordinance of any jurisdiction; and (2) Report to and appear in person before such person or agency as directed by the court. b. The conditions of conditional discharge may, in addition, require the defendant: (1) Pay a fine in accordance with Title 1 Chapter 4 of this Code. (2) -Work or pursue a course of study or vocational training; (3) Undergo medical or psychiatric treatment, or treatment for dnzg addiction. or alcoholism; (4) Make restitution or reparation in an amount not to exceed actual loss or damage to property and pecuniary loss; and (5) If a minor, to reside with his parent or in a foster home; attend school; attend a nonresidential prograrn for youth; or contribute to his own support at home or in a foster home. c: When a court orders restitution or reparation as a condition. or a conditional discharge, the court shall determine the amount and conditions of payment. ___. When the conditions of payment have not been satisfied, the court at any time prior to the expiration or termination of the period of conditional discharge may impose an additional period of not more than two (2) years. Only the conditions 18 of payment shaft continue to apply during such additional period. The court shall retain all of the incidents of the original sentence, including the authority to modify or enlarge the original conditions and to revoke the penalty of conditional discharge if the conditions of payment are violated during such additional period. d. When a petition is filed charging a violation of a condition imposed for conditional discharge, the court: (1) May order a summons to the offender to appear; or order a warrant for the offender's arrest where there is danger of his fleeing the jurisdiction or causing serious harm to others or when the offender fails to answer a surnrnons. The issuance of such warrant or summons shall stay the sentence of conditional discharge until the final determination of the charge, the term conditional discharge shall not rur. so long as the offender has not answered the summons or warrant. (2) Sha11 conduct a hearing of the alleged violation. The court may admit the offender to bail pending the hearing. (3) Shall receive evidence in open court with the right of confrontation, cross examination and representation by counsel. The village has the burden of going forward with the evidence and proving the violation 6y the preponderance of the evidence. (4) Shall not revoke a conditional discharge for failure to comply with conditions of a sentence which imposes financial obligations upon the offender unless such failure is due to his willful refusal to pay. (5) May modify the conditions of a conditional discharge on motion of the village or on its own motion or at the request of the offender after notice to the defendant and a hearing. e. If the court finds the offender has violated a condition at any time prior to the expiration or termination of tyre period, it may continue on the existing period, with or without modifying or enlarging the conditions, or may impose any other penalty available at the time of the initial penalty. f. A judgment revoking probation or conditional discharge is a final appealable order. Liability of Parent or Legal Guardian of Minor Offender: a. The parent or legal guardian of an Luremancipated minor defendant who resides with such parent or legal guardian shall be liable for any fine or condition of restitution or reparation imposed by a court upon a minor for violation of this 19 ordinance, provided said minor has not paid said fine or made restitution or reparation within the time ordered by the court, and further provided said parent ., or legal guardian has been served with suimnons or notice to appear in the ___ original cause as provided by law. b. The parent or legal guardian of an unemancipated minor defendant who resides with such parent or legal guardian shall be a necessary party to any proceeding under this ordinance. (Ord. 85-1, 1-25-1985) 6-2-2: HANDGUN DEALER PROHIBITED: No person shall engage in the business of handgun dealer in the village and no business license shall be granted by the village to any handgun dealer. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be fined in accordance wi'dz Title 1 Chapter 4 of this Code fvr each. such offense. A conviction of a violation of this section by a holder of a business license issued by the village shall constitute grounds for revocation of such business license by the president and board of trustees. (Ord. 80-10, 6-8-1981) 6-2-3-D: FIREARR~VI POSSESSION PROHIBITED; EXCEPTIONS:. D, Penalties: Any person violating subsection A or B of this section shall be guilty of a misdemeanor and shall be fined in accordance with Title 1 Chapter 4 of this Code and/or incarcerated for up to six (6) months for each such offense. 2, Any person violating subsection C of this section shall be guilty of a petty offense and shall be fined in accordance with Title 1 Chapter 4 of this Code for such offense. Any person violating subsection C of this section more than one time shall be guilty of a misdemeanor and shall be fined in accordance with Title 1 Chapter 4 of this Code and/or incarcerated for up to six (6) months for each offense. Upon conviction of a violation of subsections A through C of this section, any weapon seized shall be confiscated by the trial court and when no longer needed for evidentiary purposes, the court may transfer such weapon to the Morton Grove police department who shall destroy them. (Ord. 81-11, 6-8-1981) 6-2-4-C: ELECTRONIC STUN-GUNS: C. Penalties: Any person who or which shall be found guilty of violating any of the provisions of this section, shall, upon conviction, be fined in accordance with Title 1 Chapter 4 of this Code or imprisonment in the county jail for not more than six (6) months, or by both fine and 20 imprisomnent for each offense. Each sale of an electronic stun gun shall constitute a separate offense and each day any violation of this section shall continue shall constitute a separate offense. 6-3-1-A: USE POSSESSION OR PROVIDING SMOKING PARAPHERNALIA PROHIBITED: A. Providing Tobacco Products To Minors Prohibited: It shall be unlawful for any person to sell, barter, give or exchange or offer to sell or dispense any tobacco products including cigarettes, cigars, pipes of all types, pipe and loose tobacco, cigarette papers, snuff, chewing tobacco or dipping tobacco or any other tobacco products or related paraphernalia including all paraphernalia as defined in the drug paraphernalia control act, 720 Illinois Compiled Statutes 600, to any person under eighteen (18) years of age. Any person violating any of the provisions of this section shall be fined in accordance with Title 1 Chapter 4 of this Code. 6-3-2-B-5: CURFEW: Penalties: A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine in accordance with Title 1 Chapter 4 of this Code. In addition, the court, upon its exercise of discretion, may sentence any person found in violation of this chapter to community service work, in lieu of or in addition to, the above referenced fine, (1969 Code § 132.075; amd. Ord. 04-19, 7-14-2004) 6-4-8-M: VICIOUS ANIMALS: M. In addition to any other penalties, if an owner fails to comply with the requirements set forth in subsections G through L of this section, the animal shall be immediately impounded and the owner shall pay an additional fine in accordance with Title I Chapter 4 of this Code plus any impoundment or related fees. (Ord. 06-08,.4-24-2006) 6-4-16: PENALTY: Except as specifically specified otherwise in this chapter, any person violating or aiding in or abetting the violation of any provision of this chapter or counterfeiting or forging any certificate, permit or tag, or making misrepresentation in regard to any matter prescribed by this chapter, or resisting, obstructing, or impeding the animal control off cer or any authorized officer in enforcing this chapter, or refusing to produce any animal for inoculation or who removes atag-from. an animal fofpurposes of destroying or concealing its identity, shall be fined in accordance with Title 1 Chapter 4 of this Code. Each day a violation continues shall be deemed a separate violation: (Ord. 06-08, 4-24-2006) 21 rt-- '' 6-5-10: VIOLATION AND PENALTY: Any person violating any of the provisions of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. As an additional remedy, the operation or maintenance of any device, instrument, vehicle, or machinery or the continuation of prohibited noise in violation of any provision of this chapter maybe subject to abatement summarily by a restraining order or injunction issued by a court or administrative hearing proceeding of competent jurisdiction. (Ord. 97-28, 7-14-1997; amd. Ord. 04- 18,7-26-2004) 7-2-13: PENALTY: If any person violates, disobeys, neglects, or refuses to comply with or resists the enforcement of any provisions of this chapter, they shall be fined in accordance with Title 1 Chapter 4 of this Code and shall also pay any applica'ole tree replacerrrent fee or nuisance abatement charges. Each, day such violation or failure to comply continues shall constitute a separate offense. In addition to the penalty described above, any person who violates this chapter by destroying or removing a tree on public property or a treebtherwise protected by this chapter shall pay a tree replacement fee. The tree replacement fee shall be equal to the cost to purchase and install a tree of similar size, species, and quality. (Ord. 07-02, 2-12-2007) \ 7-4-7-F: SPRINKLING REGULATED: F. Penalties: Violators of the provisions of this section shall be subject to the penalties in accordance with Title 1 Chapter 4 of this Code. Any property accruing four or more violations within a single watering season shall be subject to water shutoff by the director of public works for such time as may be directed by the president and village board of trustees. (Ord. 89-14, 5- 8-1989; amd. Ord. 93-17, 5-10-1993) 7-5-9: PENALTIES: A. Any person violating any of the provisions of this chapter shalLbe fined in accordance with Title 1 Chapter 4 of this Code fox each offense and every day that such violation is permitted to continue shall constitute a distinct and separate offense; or B. In addition to being subject to a fine, a violation of any of the provisions of sections 7-5-1 through 7-5-4A ofthis chapter maybe the subject of injunctive relief to enjoin the continuance of such violatioh; or C. In addition to being subject to a fine, any person violating any of the provisions of sections 7-5- 1 through 7-5-4A of this chapter shall be subject to a shut off of water service to the property of such person wherein the violation exists and until such time as the violation has been corrected. 22 The shutoff of water service shall be accomplished in accordance with the provisions of section 7-5-SA of this chapter; or _ _ D. Any property owner found to have reconnected the source of clear water inflow into the sanitary sewer system after having been required to disconnect the source of inflow shall be subject to the maximum monetary penalty in accordance with Title 1 Chapter 4 of this Code per day with each day constituting a separate violation acid the shut off of water service according to the provisions of section 7-5-SA of this chapter; or E. Any combination of the foregoing. (Ord. 91-58, 12-9-1991) 7-6-12: PENALTIES: Unless otherwise provided herein, airy person who violates, disobeys, omits, neglects or refuses to comply with, or resists the enforcement of any of the provisions of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense and every day that such violation is pe~~nitted to continue shall constitute a distinct and separate offense. The occupant of any premises upon which a violation of this chapter has occurred and the owner of any waste placed or remaining in violation of the aforesaid provisions shall be deemed prima facie liable for the violations occuning and subject to the penalties provided therefor. In the event a waste disposal firm violates any provisions of any ordinance. of this village, the village shall have the right, in addition to enforcing the penalties otherwise provided, to revoke the license of such waste disposal firm. (Ord, 75-22, 10-13-1975; amd. Ord. 89-04, 2-13-1989; Ord. 89-08, 2-28- 1989; Ord. 90-26; 3-26-1990; Ord. 92-15, 3-9-1992; Ord. 92-27, 5-11-1992; Ord. 96-16, 4-22-1996; Ord. 04-07, 2-23-2004) 8-2-8-A: PENALTY: A. Any person (or responsible off cer of that person) who is the holder of a permit or who otherwise operates a food service establishment that does not comply with the requirements of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense and every day that such violation is permitted to continue shall constitute a distinct and separate offense: 8-2A-5: PENALTY: Whoever violates the provisions of this article shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense, and everyday that such violation is permitted to continue shall constitute a distinct and separate offetivse. Any license issued under. the provision of this article may be revoked by the village president for any violation of any section or regulation thereof, and such revocation shall be in addition to any fine imposed. by virtue of this section. {1969 Code § 111.999) 23 -- - 8-5-4: PENALTY: Whoever violates any of the provisions of this chapter shall be fined in _ _ accordance with Title 1 Chapter 4 of this Code, on account of each such violation. The institution of any proceeding which does or could result in the imposition of any such fine for any violation of this chapter shall not impair or invalidate any other action for abatement of a nuisance. (Ord. 85-1, 1-25-1985) 8-5-2-D: DETERGENT RESTRICTIONS: D. Penalties: Any person found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine in accordance with Title 1 Chapter 4 of this Code, or shall be punishable as a misdemeanor by incarceration in the county jail fcr a term not to exceed six (5) months under procedures set forth iri state law ¢`' or by both fine and imprisomnent. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation, or failure to comply is permitted to exist after notification thereof (Ord. 71-6, 3-2- 1971) 8-8-7-A: PENALTIES: A. Any person (or responsible officer of that person) who violates a provision of this chapter and any person (or responsible officer of that person) who is the holder of a permit or who otherwise operates a tarming facility that does not comply with the requirements of this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense and every day that such violation is permitted to continue shall constitute a distinct and separate offense. . 8-9-7: PENALTIES; ENFORCEMENT: A. A person who owns, manages, operates or otherwise controls a place where smoking is prohibited by this chapter and is-found to have violated any provision of section 8-9-5 of this chapter or interferes with authorized village representatives investigating or enforcing this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code, and the business license for the premises where the third or subsequent offense occurs may be suspended or revoked pursuant to title 4, chapter 1 of this code. B. Except as provided in subsection A of this section, any person who is found to have smoked in places where smoking is prohibited, or to have violated any provision of this chapter, shall be fined in accordance with Title 1 Chapter 4 of this Code. 24 8-10-6: VIOLATIONS; ENFORCEMENT: Any electric utility coinpany knowingly violating this chapter or any rules promulgated there under shall be subject to a fine in __ accordance with Title I Chapter 4 of this Code for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. The village may apply to any court of competent jurisdiction for an injunction or order to compel the other pasty to comply with the provisions of this chapter. (Ord. 99-1 Q 4-1.2-1999) 9-6-5: PENALTIES: In addition to the provisions contained elsewhere in this chapter for failure to pay or provide for hazardous materials cleanup cost reimbursement, any person, firm, or corporation who violates any provision of this chapter or fails to comply with any of the payment requirements stipulated herein shall be punishable by a fine in accordance with Title 1 Chapter 4 of this Code provided, however, a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 90-65, 11-12-1990) 1-0-1-8: PENALTIES: Any person who violates a provision of this chapter or fails to comply with any of the requirements hereof; or who shall erect, construct, alter or repair, or have erected, constructed, altered or repaired a building orstructure, or portion thereof, in violation of a detailed statement or plan submitted and approved hereunder or of a permit or certificate issued hereunder; shall be guilty of a misdemeanor punishable by a fine in accordance with Title 1 Chapter 4 of this Code, or by imprisomnent not exceeding six (6) months. Also, the owner of a building or structure or portion thereof, or of the premiseswhere anything in violation of this section shall be placed or shall exist, and any architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who assisted in the commission of such violation shall each be guilty of a separate offense, and upon conviction thereof, shall be punishable by a fine in accordance with Title 1 Chapter 4 of this Code, or by imprisonment not exceeding six (6) months. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues: In addition to the penalties herein prescribed, the corporate authorities may institute an appropriate action or proceeding at law or inequity to restrain, corrector remove such violation, or the execution ofwork thereon, or to restrain or correct the erection or alteration of, or to require the removal of, or to prevent the occupancy or use of, the building or structure or part thereof erected, constructed or altered, in violation of or not in compliance with the provisions herein or with respect to which the requirements hereof, or of any order or direction made pursuant to provisions contained herein, shall not have been complied with. (Ord. 07-13, 4-9-07) 25 10-5-2-C-1: ADMINISTRATION AND ENFORCEMENT: -- ' 1. Violator Subject To Penalty: The responsible owner, operator or occupant shall be subject to a fine in accordance with Title 1 Chapter 4 of this Code arsd to imprisomnent for not more than six (6) months for each such uncorrected violation and for each day such violation exists after expiration of the time specified for correction in the notice given pursuant to subsection B of this section. 10-10-3-C: ADMINISTRATION AND ENFORCEMENT: C. Penalties, Fine: Any person who is the owner or in control of any sign in violation of this chapter shall be deemed prima facie responsible for the violation involved and subject to the penalties provided herein. Any person who violates, disobeys, omits, neglects or refuses to comply with this chapter shall be fined in accordance with Title 1 Chapter 4 of this Code for each offense and E-ve7y day ti7at such violation is pe~;nitted to eontiriae shall constiiute a distinct and separate offense. 10-12-10: PENALTY: It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, equip, use, occupy or maintain any building or sriucture in the village or cause the same to be done, unless the same is done in conformance with the provisions of this chapter. Any person violating any of the provisions of this chapter, for each such violation, shall be punished by a fine in accordance with Title 1 Chapter 4 of this Code and every day that such violation is permitted to continue shall constitute a distinct and separate offense. (Ord. 78-14, 3-13-1978) 10-13-7-B-1: SANCTIONS; PENALTIES: Imposition of a fine in accordance with Title 1 Chapter 4 of this Code for each offense, in addition to payment of all costs incurred by the village. Each day a violation continues maybe deemed a separate offense. 10-14-8: PENALTY: A responsible owner or agent of owner or occupant of such real estate shall be subject to a penalty in accordance with Title 1 Chapter 4 of this Code for each day such violation exists following the expiration time as specified in anynotice either written or verbal issued by the building conunissioner requiring compliance with the provisions of this chapter. (Ord. 85-1, 1-25-1985) 26 12-14-16-A-2: PENALTIES FOR VIOLATION: 2. Any person who violates this chapter shall, upon conviction thereof, be fined in accordance with Title 1 Chapter 4 of this Code for each offense. 12-16-6: VIOLATION, PENALTY, AND ENFORCEMENT: Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall, upon conviction, be fined in accordance with Title 1 Chapter 4 of this Code for each offense, and every day that such violation is permitted to continue shall constitute a distinct and separate offense. 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: If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such. portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 7: In the event this ordinance or any part thereof is in conflict with any statute, ordinance, or resolution or part there, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extentof such conflict. Except as to code amendments set forth above in this ordinance, all chapters and sections of the Morton Grove Village Code as amended shall remain in full force and effect. SECTION 8: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 9th day of June 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee 'I'hill 27 APPROVED BY ME THIS 9`" day of June 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 10~' day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, iliinois legis\ord\2008Mine ordinance 28 08-23 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8220 NATIONAL AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION Introduced: June 9, 2008 Synopsis: This ordinance will approve a special use permit to construct a commercial wireless antemia installation and associated ground mounted equipment at 8820 Nagle Avenue for Cricket Communications. Purpose: Commercial wireless antenna installations are allowed only as special uses. Background: Black and Veatch, as agents for Cricket Communications requested a special use permit to construct a commercial wireless antenna installation and associated ground mounted equipment at 8820 National Avenue. Section 332 (c)(7) of the Telecommunications Act of 1996 states local government may not unreasonably discriminate among providers of ceILphone services and may not regulate the siting of commercial antennas in a manner that has the effect of prohibiting the provision of personal wireless services. This statute also preempts local decisions based on environmental affects of Radio Frequency (RF) emissions, as the FCC has exclusive jurisdiction to regulate antermas based on RF emissions. The Plan Commission held two public hearings on this matter on Apri121, 2008 and May 19, 2008, and the applicant responded to concerns about potential health risks regarding the installation of such antennas. After the public hearings, the Plan Commission recommended approval of the request for the special use by a unanimous vote. Programs, Depts. Building and Inspectional Services; Village Planner; Village Engineer Groups Affected Fiscal Impact: N1A Source of Funds: N/A Workload Impact: The special use application was processed by the Building Commissioner, Village Engineer, and Village Planner pursuant to their normal course of business. Administrator Approval as presented. Recommendation: First Reading: June 9, 2008, Required Special Black & Veatch has formally requested the second reading be waived (letter attached Considerations or dated May 27, 2008) Requirements: Zespectfully \ hF~ kle, V Administrator ,~ 'repared by: ``--y ~ ~ ~ Reviewed b ~ ~~ ~''/~ ~~~r Teresa Hof man~is,UOn, orporation Counsel Fd Hildebrandt, Building Commissioner Ordinance 08-23 AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VILLAGE OF MORTON GROVE FOR PROPERTY LOCATED AT 8820 NATIONAL AVENUE FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State oflllinois and can exercise any power and perform any function pertaining to its governmental affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, the applicant, Black and Veatch, agent for Cricket Communications, has made a proper application to the Plan Commission in the Village of Morton Grove under Plan Commission Case No. PC08-02 requesting a special use permit for 8220 National Avenue to construct a commercial wireless antenna installation and associated ground-mounted equipment at said site; and WHEREAS, said property is zoned and classified in the R-1 "Residential District" under the provisions of the Village of Morton Grove Unified Development Code; and WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Zoning Code, upon proper notice duly published in The Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which publication took place on Apri13, 2008, and upon the posting of a sign on the property and upon notice sent to property owners within two hundred fifty (250) feet of the subject property, pursuant to applicable law, the Morton Grove Plan Commission held public hearings relative to the above referenced case on Apri121, 2008 and May 19, 2008, at which time all interested and concerned parties were given an opportunity to be present and express their views for the consideration of the Plan Commission, and as a result of said hearing, the Plan Commission made certain recommendations and certain conditions through a report dated June 9, 2008, a copy of which is attached hereto as Exhibit "A" and made a part hereof; and WHEREAS, Section 332(c)(7) the Federal Telecommunications Act of 1996 prohibits the local governments from regulating commercial wireless antenna facilities based on the envirorunental effects of Radio Frequency (RF) emissions; as the F.C.C. has the exclusive jurisdiction to regulate such facilities based on RF emissions; and WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Pern7it complies with Village Ordinances and specific evidence was presented to establish granting the permit would 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 Unified Development Code, the Corporate Authorities have determined the Special Use Permit shall be issued subject to conditions and restrictions as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property commonly known as 8220 National Avenue, Morton Grove, Illinois, is hereby granted a special use permit to allow for the construction of a commercial wireless antenna installation and associated ground-mounted equipment subject to the following conditions: 1. The antenna installation and equipment be constructed in compliance with the site plan dated May I, 2008, but with the landscaping adjusted per approval of the Village Planner; 2. The antenna installation be constructed in accordance with the elevations dated May 1, 2008; 3. No fence be placed around the equipment cabinet; 4. The construction and anchoring of the platform for the equipment cabinets be reviewed and approved by the Village Engineer; and 5. All other codes and ordinances be met. SECTION 3: The special use is granted for so long as the occupant and the users of this property utilize the area for the purposes as herein designated. SECTION 4: 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 granted hereunder. SECTION 5: The applicant/owner shall comply with all requirements of the Village of Morton Grove ordinances and codes That are applicable 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 9`~' day of June 2008. Trustee Brumier Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmazm Trustee Thill APPROVED by me this 9rh day of June 2008. Richard Krier, Village President Village of Morton Grove. Cook County, Illinois APPROVED and FILED in my office this 10~' day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois legisiordNlan Comm Case 08-02.wiroless antenna 3 EXHIBIT «A„ g~~~ ~ - June 9, 2008 Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board: On April 21, 2008 and May 19, 2008, public hearings were conducted by the Morton Grove Plan Commission after a legal notice was published in "The Champion" newspaper en April 3, 2008, a sign posted on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, regarding: Plan Commission Case PC08-02, wherein the applicant, Black and Veatch, agent for Cricket Communications, requested a Special Use Permit to construct a commercial wireless antenna installation and associated ground-mounted equipment at 8820 National Avenue. Ms. Bonnie Jacobson, Planner, summarized the case for the Village. She indicated that the proposed installation will be joining four other carriers on the water tower. The antetmas will be mounted on the neck of the water tower and the ground-mounted equipment just northeast of the tower. Staff reviewed the application at~d there was concern regarding a readjustment of the landscaping and the Village Engineer was concerned about the anchoring of the platform. Both concerns were addressed in proposed staff conditions. Mr. Dennis Schumerhorn of Black and Veatch represented the applicant at the April 21, 2008 hearing and Mr. Jack Hickey, also of Black and Veatch represented the applicant at the May 19, 2008 hearing. Mr. Schumerhorn indicated that Cricket Communications was a new carrier entering the market whose primary service will be local customers. He described the location and placement of The antennas and equipment. Commissioner Roepenack requested the information on the power output and frequency, and. both Commissioner Gabriel and Commissioner Shimanski questioned the aesthetic impact and use of the mounting bracket for the antennas as opposed to the other carriers whose antennas are mounted directly to the tower. No interested parties spoke regarding this case but several concerned parties spoke. Mr. Gomel A1bu was concerned about the electromagnetic field created by so many antennas; Ms, Nancy Lanning was concerned about removal of the antennas if they are no longer m use; and, Ms. Lili Moi was coneemed about the health hazard of the antennas. Commissioner Roepenack responded that the frequency and wattages were too low to have a health impact and Chairman Tarkas responded that according to federal law the Plan Commission is prohibited from evaluating health risks - this is the purview of the FCC. Ms. Jacobson responded to Ms. Lanning's question, indicating that according to Village Code all carriers are responsible for removing their antennas if they are no longer in use. iZsci.<.rd ''a'. Flickinger 1/fu nicipal Center - -l f~i C.a~.,.zS'_£la ~4Y/ep'r?e ~ ]'VpI~YTLGn Gi'6VQ;, Illznc3s ~QCZi/~-%,~EJ k .. ~<"4:F7~. `4~` '. !'v'e.3 1LrI~ {45/-1.?} 4i.71~1-.r92~g `° N~.7i: ~~J~!j "si ~'° ~?I ~~~G -..,. ,.. Based on the information presented at the April 21, 2008 hearing, the Plan Commission continued the case to May 19, 2008 allowing for the applicant to provide the frequency information, and a better graphic representation of the mounting bracket on the tower to better determine the aesthetic impact. The additional information was provided at the May 19, 2008 hearing. Mr. Jack Hickey responded to any questions from the Commission. After seeing the graphic representation of the mounting bracket, the Commissioners felt that although the mounting system is different than the other can~iers, there was no significant impact. Mr. Eric Foders another concerned party, spoke. He stated that he was researching whether the frequencies might have an adverse effect on the Village's water supply within the tank by reason of ionization. He also stated that pending his ongoing research he was urging our approval of the application as it was a source of income to the Village. Commissioner Roepenack responded that frequencies are non-ionizing and anyway the metal of the tank shields the water from the antennas which are directed outward. Chairman Earkas advised Mr. Poders that if his research revealed any adverse environmental eff cts of the frequencies en the ViLage's wa±er that hP hrinbr 11ic re~cear_rh to the ati r~nisnn of the FCC since that agency has the exclusive purview over environmental effects of the frequencies. Based on the information presented, Commissioner Patel moved, and Commissioner Gabrie] seconded, to approve a commercial wireless antenna installation and associated ground-mounted equipment at 8820 National Avenue, subject Yo the following conditions: 1. That the antenna installation and equipment be constructed in compliance with the site plan dated 05/01(08 but with the landscaping adjusted per approval of the Village Planner; 2. That the antenna installation be constructed in accordance with the elevations dated 05!01/08; 3. That no fence be placed around the equipment cabinet; 4. That the construction and anchoring of the platform for the equipment cabinets be reviewed and approved by the Village Engineer; and 5. That all other Village Codes and Ordinances be met. The motion passed: Yes - 7, No - 0, Absent- 0. The Voting Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel _ Yes Commissioner Gattorna Yes _ Commissioner Patel Yes Commissioner Roepenack Yes Commissioner Shimansld Yes _ The "Findings of Fact" relative to the seven standards by which a Special Use is evaluated is attached to this report. Ronald Farkas fir. Plan Commission findings of Fact Listed below are seven standards articulated in Section 12-16-4C of the Village of Morton Grove Unifed Development Code upon which the Plan Commission based its decision. 1. Preservation of Health, Safety, 1l4orals and Welfare -The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare. The Plan Commission concluded that the public welfare would not be endangered by the proposed installation. Commissioner Roepenack commented that electromagnetic emissions are way below FCC regulations, per concerns raised at the hearing by neighbors. 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 anaemia installation will not be injurious to the use and enjoyment of surrounding property. There are several other installations on this water tower and the addition of this one will not impact or be injurious to surrounding properties. 3. Orderly Development -The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district. • The proposed installation is on an existing watertower in an existing built-out residential area that is not planned for redevelopment. Thus, orderly development is not impeded. 4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. • The proposed Special Use is on an existing tower where adequate facilities are already present. 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. • The proposed antenna installation requires once a month service and thus will not affect traffic or cause congestion. The Traffic Safety Commission waived review of the case due to minimal traffic impact 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 visual)y incompatible uses. • The landscaping and screening will be adjusted per condition to blend in with The sunrounding area. 7. Conformance to Other Regulations -The Special lise 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 installation will be required to adhere to all pertinent Village codes and crdinances. Comdev~zoningAplancom\pc08-02 findings of fact n BLACK & VEATCH W Building a ~trOCld of difference: Cricket Communications Village of Morton Grove Mr. Richard Krier, President 6101 Capulina Avenue Morton Grove, IL 60053 Dear President Krier; B&V Project 149741 B&V File 0010 May 27, 2008 Re: June 9, 2008 Village Board Meeting Ordinance PC0802 Cricket Communications application Please accept this letter as a motion on behalf of Cricket Communications to waive the requirement of a second reading of its petition for a Special Use Permit to allow the installation of communications antennas on the existing water tower on National Avenue. This installation has received public hearings through. the Village Planning Commission and has not heard substantive objection. We do hereby respectfully request that the Village Board, at its June 9 meeting, review the petition and the recommendation of the Planning Commission, move to waive a second reading of the ordinance, and move forward to approve the request and ordinance. Thank you for your consideration of this motion. Should you have any questions, do not hesitate to contact me. Yours truly, ~~ Dennis Sch~ermerhorn CC: Bonnie Jacobsen Black & Veatch Corporation 7600 South County Line Rd, Suite 1 Burr Ridge, IL 60527 USA Telephone: 630.789.1900 Legislative Summary Resolution 08-36 AUTHORIZING THE EXCLUSION OF THE VILLAGE OF MORTON GROVE FROM THE COOK COUNTY URBAN COUNTY PROGRAM FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING Introduced: June 9,2008 Synopsis: This resolution will serve as the Village's formal intent to exclude itself from the Cook County Urban County Program. This is necessary so the Village can apply directly to the State of Illinois for an individual grant. Purpose: To allow the Village greater flexibility in its pursuit for Community Development Block Grant (CDBG) funding. Background: The State of Illinois provides grant funding for the community development progra*ns Including, without limitation, acquisition of property for public purposes; construction or reconstruction of streets, water and sewer facilities, and other public works; rehabilitation of public and private buildings; and assistance to nonprofit and private entities for community and economic development. The Village may apply for these funds if it affirmatively excludes itself from the Cook County Urban County Program. For several years the Village has not received direct funding from the County Program and Village staff has recommended the Corporate Authorities adopt this ordinance to formally exclude itself from the Cook County Urban County Program so it may independently pursue County Development Block Grants through the State of Illinois. Programs, Departments Community and Economic Development; Building, Public Works, and or Groups Affected Finance Fiscal Impact: None Source of Funds: None Workload Impact: None Administrator Approval as presented. Recommendation: First Reading: Not Required Special Considerations or (None Requirements: Respectfully submitted: ~ pq-ed:%fi ~'~ ~ Reviewed by: Jos h~ade, V illage Administrator Teresa Hoffinan Liston, Corporation Counsel Prepared by: William Neuendorf, Community and Economic Develop. Director RESOLUTION 08-36 AUTHORIZING THE EXCLUSION OF THE VILLAGE OF MORTON GROVE FROM THE COOK COUNTY URBAN COUNTY PROGRAM FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 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 goverment affairs, including buY not limited to the power to tax and incur debt; and WHEREAS, the United States Department of Housing and Urban Development (HUD) distributes Community Development Block Grants to local municipalities, counties, and states to further a variety of activies promoting community development and reinvestment; and WHEREAS, the Village has participated in the Cook County CDBG Program for several years but has received no direct grant funding from the County; and WHEREAS, the Village has now been given the option of excluding itself from the Cook County Urban County Program to independently pursue Community Development Block Grants through the State of Illinois; and WHEREAS, exclusion from the Cook County Urban County Program will allow the Village greater flexibility in the pursuit for grant funding; 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 exclude itself from the Cook County Urban County Program. 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 forgoing WHEREAS clauses into this Resolution as though fully set forth therein making the findings as hereinabove set forth. SECTION 2: The Village shall exclude itself and its population from the Cook County Urban County Program, allowing for greater flexibility in the pursuit of Community Development Block Grants for the Village. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 9`h day of June 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 9`h day of June 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 10`h day of June 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Lelrislative Summary Ordinance 08-19 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12-3-3Cid, 12-4-2D1c, 12-4-3D, 12-5-3A, 12-5-SA, 12-5-7C, 12-5-8A, 12-7-2H3, 12-7-3E, 22-9-1B2i, and 12-16-4C7 Introduction: May 12, 2008 Synopsis: This ordinance will approve miscellaneous text amendments to amend, update and clarify the Unined Development Code. Purpose: To ensure important sections of the Village's Municipal Code are up-to-date, current, and relevant. background: The Unified Development Code (Title 12 of the Municipal) is a comprehensive set of regulations for the zoning of land and development of parcels within the Village that was adopted last year. Village staff has reviewed the UDC and now. proposes minor amendments to correct, clarify certain provisions, and keep other sections current with state laws. These proposed amendments will 1. Require commercial and recreational vehicles parked in residential districts be screened by a solid fence or a dense opaque shrubbery six feet high; 2. Eliminate certain special use restrictions on some uses including pet shops, commercial schools, physical fitness and health uses, and printing and photocopy shops for facilities spaces 1,000 square feet or less; 3. Correct a mathematical error in Section 12-4-2D establishing minimum lot area for multiple-family dwelling units from 2,740 to 2,420 square feet per acre; 4. Amend Section 12-5-3 to remove multiple dwellings for elderly and disabled persons as an allowable use in the M-1 zoning district, pursuant to a previously enacted ordinance; 5. Modify Section 12-5-5 to clarify thedifferenee between automobile service stations and mini-mart stations, and eliminate the requirement that the automotive product sales areas in automobile service stations and mini-mart stations not exceed 500 square feet; 6. Clarify certain development standards for the C/Rcommereial residential zoning disMct applicable in Section ]2.5-7C; 7. Modify Section 12-5-8 Yo prohibit fhe location, eonsimetion, or operation of adult entertainment facilities in violation of 65 ILCS 5/1 I-5-t.5; 8. Amend Chapter 7 to clarify that off-street parking may be provided on all weather hard surfaces such as concrete, asphalt, or paving bricks, and to clarify the standards for al(weather hard surface pavements for off=street parking lots, 9. Amend Section 12-9-1 to clarify standards for approved fire apparatus access roads; and 10. Amend Section 12-16-4C to clarify procedures for the revocation of Planned Unit Developments (PUD). The Plan Commission has unanimously recommended approval of these amendments. Programs, Departments Building Department and Village Planner or Groups Affected Fiscallmpact: N/A Source of Funds: NIA Workload Impact: These amendments will be implemented by the Village Planner and Building Commissioner in the normal course of business. Administrafor Recommendafion: Approval as presented First Reading: May 12, 2008, second reading required- Municipal Code Book change Special Considerations or None Requirements: ; , --•.. Respectfully submitted: {,~,Lf;~~CGIV~ Preparedby .:..- Jo~p F W e illage Administrator Teresa Reviewed by: Ed tldebrandt, Building Commissioner 4~---, nation Counsel ORDINANCE OS-19 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12-3-3C1d, 12-4-2D1c, 12-4-3D, 12-53A,12-5-SA, 12-5-7C, 12-5-8A,12-7-2H3,12-7- 3E, 12-9-1B2i, AND 12-16-4C7 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 revievring 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 b_as made a proper application ±o ±he Plan Commission in Case No. PC 08-01 to approve miscellaneous text amendments to update and clarify the Unified Development Code in order to: 1. Require commercial and recreational vehicles parked in residential districts be screened by a solid fence or a dense opaque shrubbery six feet high; 2. Eliminate certain special use restrictions on some uses including pet shops, commercial schools, physical fitness and health uses, and printing and photocopy shops for facilities spaces 1,000 square feet or less; 3. Correct a mathematical error in Section 12-4-2D establishing minimum lot area for rnultiple- family dwelling units from 2,740 square feet to 2,420 square feet per acre; 4. Amend Section 12-5-3 to remove multiple dwellings for elderly and disabled persons as an allowable use in the M-1 zoning district, pursuant to a previously enacted ordinance; 5. Modify Section12-5-5 to clarify the difference between automobile service stations and mini- mart stations, and eliminate the requirement that the automotive product sales areas in automobile service stations and mini-mart stations not exceed 500 square feet; 6. Clarify certain development standards for the CIR commercial residential zoning district applicable in Section 12-5-7C; 7. Modify Section12-5-8 to prohibit the location, construction, or operation of adult entertainment facilities in violation of 65 ILCS 5/11-5-L5; 8. Amend Chapter 7 to clarify that off-street parking may be provided on all weather hard surfaces such as concrete, asphalt, or paving bricks, and to clarify the standards for all weather hard surface pavements for off-street parking lots; 9. Amend Section 12-9-1 to clarify standards for approved fire apparatus access roads; and 10. Amend Section 12-16-4C to clarify procedures for the revocation of Planned Unit Developments (PUD). WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation in the Village of Morton Grove, which took place on April 3, 2008, a public hearing was conducted on April 21, 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 May 12, 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 the text amendments when evaluated in the context of the whole Village serve 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 sections and subsections of the UnifiedDevelopment Code are hereby amended to read as follows: The text to be eliminated is struck through and the new or additional text is underlined. 12-3-3: RECREATIONAL AND COMMERCIAL VEHICLES: C. Commercial and Recreational Vehicle Restrictions in Residential Districts: General Requirements: The following general requirements shall apply to alt commercial and recreational vehicles except where indicated: d. All open parking. areas shall be screened from adjacent lots and streets by a solid fence ~ * ~•~~~ ^~~ ~ ''~~" "'~'', or dense opaque shrubbery capable for year round screening. six feet (6'1 high. 12-4-2: RESIDENTIAL DISTRICTS: D. :Height And Bulk Regulations: _ Zoning Districts R-I R-2 R-3 L Minimum Lot Area (In Square Feet}: a. Single-family detached dwellings: Subdivisions of record on 6,875 5,000 5,000 or before August 4, 1959 Subdivisions of record 7,500 5,900 5,900 after August 4, 1959 b. Two-family dwellings - - 3,000 per d.u. c. Multiple-family - - 16 units per acre dwellings (2,723 sq. ft. per acre) Attached dwellings 18 unitsper acre (2-748 2,420 sq. ft. per acre) by special use 2. Minimum Lot Width (In Feet): a. Subdivisions of record on 55 45 45 or before August 4, 1959 Subdivisions of record 60 50 50 after August 4, 1959 3. Minimum Yards (In Feet): a. Front 252 252 252 b. Side yards 6 min.. 5 5 min. combined min. 10 max.l 14 c. Front yard on a corner lot 253 253 253 d. Rear 30 30 30 4. Maximum Building Height (In Feet): a. Residential permittee uses: Lots meeting minimum 28 28 35 lot width 284 284 354 Lots with substandard lot width b. Nonresidential permitted and special uses: Lots meetingminimum 35 35 35 lot width 354 354 354 Lots with substandard lot width 5. Floor Area Ratio (Maximum): a: Residential area ratio 0.6 0.6 0.6 b. Nonresidential uses 0.6 0.6 0.6 6. Off Street Parking and Loading: a. Residential permitted uses: Two (2) spaces per dwelling unit, behind designated front yard b. Multi-family residential, and nonresidential permitted uses and special uses: In accordance with provisions set forth in chapter'7, "Off Street Parking and Loading", of this title. c. Parking or storing of commercial and recreational vehicles: In accordance with provisions set forth in section 12-3-3, "Recreational and Commercial Vehicles", of this title. d. Off street loading for nonresidential permitted uses and special uses: In accordance with provisions set forth in chapter 7, "Off Street Parking and Loading", of this title. Notes: 1. Side Yards: 2 side yards shall be required each with a minimum width of 5 feet each for single-family and two- family dwel}ings. For all multiple-family dwellings of20 feet high, the minimum side yard requirement shall be increased by t foot for every 3 foot increase in height, not to exceed a maximum side yard of 70 feet. If the incremental height increase exceeds 50 percent of the 3 foot increase, the larger side yard shall apply. 2. Front Yard Setbacks: If front yard setbacks of the existing homes on the blockare either greater or less than 25 feet, refer to chapter 2, "General Provisions", of this title. 3. Front Yard on A Corner Lot: Both yards abutting Streets shall be considered front yards with a minimum depth of 25 feet. If a corner lot, subdivided. and recorded on August 4, 1959, has insufficient width to provide a front yard of 25 feet, a side yard of 5 feet (6 feet for R-1) and buildable widthof 31 feet (32 feet for R-1 ), then the front yard along the length of the lot may be reduced in width by the distance necessary to maintain a buildable width of 31 feet (32 feet for R-I ), but may not be less than 30 percent (20 percent for R-3) of the lot width. 4. Average Height: Or the average of the heights of the structureson each side of the substandard lot, whichever is less. (Ord.07-07,3-26-2007) 12-4-3: COMMERCIAL DISTRICTS: D. Uses: Zoning Districts Categories Of Use C-1 C-2 CIR Accessory uses Pl P1 P1 Amusement establishment (bowling, game room, etc.) S X X Animal hospitals P X X Antique shops P X P Apparel shops (including tailors and dressmakers) P P P Appliance sales and service P X X Art and educational supply stores P P P Art galleries P P P Audio-visual equipment, accessories and supply P X X Automobile minimart station S3 S3 X Automobile parking lots within 300 feet of the use served P P P Automobile service station S3 S3 S3 Automobile, truck or trailer rental S X X Automotive accessory stores -retail (installation allowed) S X X .Automotive accessory stores -retail (no service or P X X installation) Automotive repair (oil change, tires, brakes, other S S X mechanical items only) Banks and financial institutions P X P Barbershops P P P Beauty parlors P P P Bicycle sales and repair P P P Blueprint establislunent P X X Book, magazine and newspaper stores P P P Bridal shops P X S Building material sales (no outside storage) P S S Camera and photographic supplies P P P Car wash S X X Card and gift store P P P Catering (not in conjunction with other food sales or service) P X S China and glassware shops P X P Clothing rental P X P __. Clubs and lodges S S X Coin and stamp collecting store P X P Commercial wireless communication services, as a principal S2 S2 S2 use Community residence -family (minimum spacing distance - P3 P3 P3 330 feet) Community residence -family (minimum spacing distance S3 S3 S3 less than 330 feet) Community residence -group (minimum spacing distance - S3 S3 S3 330 feet) Costume rental P X P Currency exchange P P P Daycare S S S Daycare, adult S S S Department store P X X Domestic pet service (grooming) P X P Drapery, curtain and window covering stores P X P Drive-through facilities S3 S3 S3 Drugstores (pharmacies) P P P Dry cleaning -.retail P P P Dwellings: Attached dwellings S3 S3 P or S3 Multiple-family dwellings S3 S3 P or S3 Senior citizen housing S3 S3 S3 Electrical and telephone substations S S S Electrical fixtures P X S Electronic media sales and rental (videotapes, cassettes, CDs, P P P CD-ROM DVDs, etc.) Electronics, sales and service P X S Employment agencies P X X Entertainment ticket office P X P Fabric and sewing accessories P P P Financial services P X P Floor covering sales P X X Flower shops/florists P P P _ Furniture stores (including upholstery as an accessory use) P X X __ . Furriers P X X Garden supply stores and greenhouse S X S Governmental offices and other facilities S S S Grocery stores (sales area 10,000 square feet or less) P P P Grocery stores (sales area «10,000 square feet) (see P S S Supermarket) Handicraft and hobby shops P P P Hardwaa~e stores P P P Height of structure - in excess of the permitted height.. S X S Home improvement center P X X Houses of worship S S S Houses of worship, mega S S X Interior decorating shops P X P Jewelry sales and repair P X P Kitchen and bathroom cabinet supply (display only) P X X Laundromats (attendant on premises) P P P Leather goods and luggage shops P X P Libraries S S S Liquor stores -retail P S S Locksmith shops P P P Mail order catalog stores P X X Mailing service P P P Massage establishments, as a principal use S X S Medical and dental offices/clinics (first floor) (including P S P laboratories as accessory use) Medical and dental offices/clinics (other than first floor) P P P (including laboratories as accessory uses) Medical appliances, laboratories, and supply stores (not P X X manufacturers) Mixed use developments S3 S3 P or S3 Motel/hotel S X X Motor vehicle dealer sales and service (automobiles, P P X motorcycles, trucks, etc.) Multiple structures on zoning lot S S S Musical instrument sales and repair P X P `'`i Nursing homes P X X __-. Office equipment supply and service P X X Offices -business, contractor, professional and public P P P Open sales lots S X X Optician and optometrist offices (including labs as accessory P P P use) Outdoor seating areas for restaurants, taverns and specialty P3 P3 P3 food stores Paint and wallpaper stores P P P Pet shops ~P X ~P Photographic studios (including develop and print of on P X S premises pictures) Physical fitness and health services 1,000 square feet or less SP X ~ P Physical fitness and health services greater than 1,000 square S X X-S-list-te feet Picture framing P P P Plazuied unit development on 1 acre tracts or larger S4 S4 S4 Post office P X X Printing and photocopy shops (less than 2,000 square feet) P P P .Printing and photocopy shops (greater than 2,000 square feet) SP X XS Public utility and public service use S S S Radio and television broadcasting studios S X X Radio and television sales and service P P S Recording studios P X X Recreation centers S S X Rental -household goods and merchandise S X X Restaurants -drive-in S3 S3 S3 Restaurants -sit down and carryout P S P Schools -commercial (Ex: driving, martial arts, learning P X P center etc) less than 1 000 square feet Schools -commercial (ex Driving- martial arts, learning S X S center etc) greater than 1 000 square feet Sewing machine sales and service P X X Shoe repair shops P P P -~ Shoe stores P X P Sign and lettering shop P X X Specialty food stores (bakeries, ice cream stores, meat P S P market, etc.) Sporting goods stores P X P Stationery stores P X P Supermarket (sales area- over 10,000 square feet) P S S Taverns and cocktail lounges -music and vocal S S S entertaimnent only Taxidermists P X X Telegraph and telephone company stores P P P Temporary buildings -construction site P2 P2 P2 Theaters -not drive-in S X S Tobacco and pipe shops P P P Toy shops P P P Travel service office P P P Trophy and plaque sales (including assembly) P X P Undertaking establishments S X X Upholstery shops S S X Key: P = Permitted S =Special X =Not Permitted Notes: 1. See chapter 2, "General Provisions", of this title. 2. See chapter 3, "Regulations Of Specific Uses In All Zoning Districts", of this title. 3. See chapter 5, "Special Zoning Provisions", of this title. 4: See chapter 6, "Planned Unit Developments", of this title. E. Height and Bulk Regulations: G 1 G-2 C/Rl Minimum lot area 0 0 Minimum lot width 0 0 Minimum yards: Floor area ratio Front yard Side yard2 Rear yard abutting an alley Rear yard not butting an alley 0 feet 0 feet 0 feet 0 feet 10 feet 10 feet 5 feet 5 feet 2.0 1.0 Maximum building height 40 feet 40 feet Minimum area required for district 43,560 32,670 (in square feet) (1 acre) (3/4 core) Notes: 1. See special zoning provisions (chapter 5 of this title). 2. Side yard is not required, but if one is provided, it shall not be less than 5 feet. (Ord. 07-07, 3-2{-2007) 12-5-3: SENIOR CITIZEN HOUSING SPECIAL DEVELOPMENT PROVISIONS: A. Description of Special Development Provisions: The senior citizen housing special development provisions were originally adopted as the "1975 Morton Grove housing for the elderly and elderly handicapped code". The purpose and intent of these provisions is to codify, permit, classify, regulate and restrict the construction and location of multiple dwellings for the elderly acid elderly handicapped within the C-l, C-2, R-3,and C/R ~~~zoning districts of the village of Morton Grove in a logical acid systematic manner by the application of a special use procedure. 12-5-5: CRITERIA FOR SPECIFIC COMMERCIAL. SPECIAL USES: A. Automobile Service Stations and Minimart Stations: Automobile service stations are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals, and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the roadway network. Uses Permitted: All automobile minimart and service stations shall be classified into one of the following categories: a. Full service station: An automobile service station which, in addition to the retail dispensing of vehicular fuels, offers to perform, as an accessory use, automotive maintenance, service or repair including, but not limited to, the sale and installation of lubricants, tires, batteries and similar accessories for automotive vehicles by owner representatives. Customer dispensing ofmotor fuels at certain pump islands is also allowed. b. Automobile minimart station: An automobile service station which offers or includes as an accessory use, the retail sale of nonautomobile related items. Design Criteria: a. Canopies and Pump Islands: Canopies shall conform to the minimum building setback. Pump islands shall have a minimum setback of fifteen feet (15'). b. Exterior Lighting: All exterior lighting shall be inwardly directed so that no direct lighting is cast off premises. c. Parking and Landscaping: Parking and landscaping requirements shall conform to the regulations set forth in chapter 7, "Off Street Parking And Loading", and chapter 1 1. "Landscaping And Trees", of this title. Additional parking may be required as determined by the plan commission. (1) Full service stations: Parking shall be restricted to attendants' vehicles and customer cars while being serviced, not to exceed three (3) days. (2) Automobile minimart stations: Parking, storage, or display of vehicles, other than those owned or operated by employees or persons purchasing or delivering items at the minimart, is prohibited. (3) Storage of commercial or private vehicles, including boats, trailers, campers, and motor homes, shall not be allowed. d. Access to Public Roadways: The number of access cuts shall be minimized so as to encourage the most optimum traffic movement and circulation pattern onto public roadways. e. Access with Adjoining Sites: Automobile service stations located in existing or proposed shopping centers shall provide access interconnection with the shopping center. £ Mechanical Systems: Air conditioning or other roof units shall be screened from public view. g. Vending Machines: All vending machines shall be located within a building. h. Trash Enclosure: An enclosure shall be provided which screens the trash containers from public view and limits the possibility of windbonie litter being generated from this location. i. Noise: Loud speakers with a volume greater than fifty (50) dB shall not be allowed. Such speakers shall be used for brief communication. j. Hours of Operation: Hours of operation shall be set forth in the special use permit granted by the board of trustees. Hours may be shortened at the discretion of the operator, but longer hours of operation shall require an amendment to the special use permit. k. Limitations on Minimart Stations: Maintenance, repair, servicing, parking storage, towing or other similar motor vehicle services, except self-service car wash, are prohibited. 12-5-7: DEVELOPMENT STANDARDS FOR THE C/R COMMERCIAL/ RESIDENTIAL DISTRICT: C.Development Standards: Commercial Multiple- Attached Developments Family Dwellingsl Dwellings l Minimum lot 0 24 dwelling 16 dwelling area units per acre units per acre Minimum lot 0 feet 60 feet 60 feet width Minimum yards: Front 0 feet 25 feet 15 feet Side 0 feet 12 feet, but 25 5 feet, but 15 5 feet if one is feet if corner feet if corner provided lot abutting lot abutting public street public street Rear: Abutting an 10 feet alley Not abutting an 5 feet alley Maximum 40 feet building height Floor area ratio 2.0 Lot coverage &N/A (includes building, driveway, walkways, parking area) Mixed Use Developmental 24 dwelling units per acre 60 feet 0 feet 5 feet 18 feet 10 feet 10 feet 18 feet 5 feet 5 feet 45 feet 40 feet 40 feet &N/A 9N/A 8-N/A 60 percent 65 percent N/A Off street Per chapter 7 Per chapter 7 Per chapter 7 75% of the sum of each use parking of this title of this title of this title. according to chapter 7 of this title or the amount required of the larger use, whichever is greater. One space must be reserved for each residential unit. Note: L See subsection E, "Modifcations To Residential Development Provisions Allowable By Special Use", of this section. 12-5-8: ADULT ENTERTAINMENT RACILITIES: Due to the secondary effects created by adult entertainment facilities per a study conducted by the Minnesota attorney general's office entitled "Report of Attorney General's Working Group on Regulation of Sexually Oriented Businesses", which includes summaries of studies in Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; and Los Angeles, California, regarding the impact of sexually oriented businesses in the community, the following special use conditions shall apply specifically to adult uses: A. ` :It is arohibited to located, construct, or operate. an_adult entertainment facility in violation of65 ILCS 5/11-5-1.5 as amended from time-to-time B. No adult entertainment facility. shall be located within three hundred feet (300') of another adult entertainment facility as measured from all property lines. C. Not more than one adult entertainment facility shall be permitted per building. D. A11 adult entertainment facilities shall be conducted within completely enclosed buildings. E. No adult entertaizunent facility shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decorations, sign, show window or other opening. F. Adequate fencing and/or screening shall be provided so that adult entertainment facilities shall not have an adverse effect on adjacent properties nor pose a risk to minors. G. Adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on the public streets. H. All signage shall conform to the village of Morton Grove sign regulations per the Morton Grove sign code for industrial uses. (Ord. 07-07, 3-26-2007) 12-7-2: GENERAL PROVISIONS: H. Location of Parking and Loading Facilities: A11 parking and loading facilities required shall be _ __ located on the same zoning lot as the use served. No portion of a vehicle utilizing such parking spaces or loading facilities shall be permitted to extend beyond the lot lines of such zoning lot. Exception in Commercial or Manufacturing Zoning Districts: Parking spaces required in the commercial or manufacturing zoning districts maybe located on a zoning lot within a three hundred foot (300') distance from the main building public entrance to the use served, but only if the zoning lot is owned by the sanie owners as the use served, or meets the shared parking regulations outlined in this chapter, as approved by the zoning board of appeals. Parking lots on residentially zoned property within a three hundred foot (300'} distance from the main building public entrance to the use served that are not adjacent to the use served are considered special uses which require approval from the plan commission and village board of trustees. Z. Contiguous Comrriercial Uses; Shared Parking Lot: For contiguous comrnercial uses within a block, a shared parking lot created through the use ofjoint access easements and other agreements, may be considered a single zoning lot for the purposes of off street parking only. Existing regulations regarding joint use of parking spaces, and parking variation requirements would still apply. 3. Parking for Residential Dwelling Units D~~- ^t^ ~ °~^^°~ '"^°~^~'°: For residential dwelling units, the required off street parking may be provided in a private garage, including a carport, or on all-weather hard surface such as concrete, asphalt, or paving bricks, which is used for storing the private passenger vehicles of the person, family, or families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on. In no case will parking spaces be rented to persons or businesses not resident on the premises if such spaces are required to satisfy the parking requirements of this chapter. Parkinu of 4. Size and Access Requirements Must Be Met: Parking spaces may be provided on open lots or within a garage or other covered space, provided that all size and access requirements are met. 12-7-3: OFF STREET PARKING: E. Parking Lot Surfaces: ^ ' ',.t ^ .,t,. ^ ~ ~ ins .a, .,g sp„ rr,~u ,n^..^ ,v,..... «.^ r- . All permanent parkin¢ lot surfaces and vehicular accesses to them shall be of anall-weather, hard-surface pavement conforming to the pavement design standards available at the Village of Morton Grove Public Works Department The location and route of access to a parking lot shall be clearly identified. Temporary_parking lot surfaces shall be as determined by the Building Commissioner. 12-9-1: GENERAL CONSIDERATIONS: B. Lot Access: 2. Every lot shall have access to it that is sufficient to afford reasonable means of ingress and egress for emergency vehicles as well as for other vehicles which need access to the property for its intended use. Below are the minimum standards: i. Fire Lanes: rxn ,. •,a• ;,, ,, .,,;+,, ° .,,°+„ ,.,.+°.,.°+;,, fire ,. •a+,, ,, ,,,,, ,,;,,,, ,, t- ° t°.,° ,... a°,,:,.,.+°a ,.+_°°+ ,.,,..tt ,,° ,:+t,; t„ „ate°~ C, F+.,F°+!"Gli~\ «+r., ,.+ i~ n+1. ..C.,-.....C" °~+~;.,o .,fsho~~;ia;~~t s „a .. ,°a ,., +,,° r"~..«°° r,-°•°° fi-° a°.,°„`^°°_ *. Approved fire apparatus access roads shall be provided for every site and/or building and structure. The fire apparatus road, a fire lane, or dedicated street shall be within one hundred fifty feet (150' of all portions of the site and exterior walls of the first storms all buildings and structures as measured by an approved route around the exterior of building- structure or site, to be reviewed and approved by the Morton Grove Fire Department: 12-16-4: PROCEDURE FOR PLAN COMMISSION: C. Special Use Permits: Revocation: In the event of an alleged violation of the provisions of any special-use granted pursuant to this chapter, notice of such violation shall be served upon the applicant to whom the special use was granted. Following the service of a written notice, violation of the special use of shall be corrected within a reasonable amount of time as determined based upon the circumstances of the violation. If within the period of time contained in the written notice, the person receiving such an order presents an executed contract or other verifiable documentation that the work necessary to eliminate the violation is underway, and if the appropriate village staff is satisfied that work is in progress and' a diligent effort is underway to correct the violation, extensions of time may be granted at the discretion of the building commissioner. The building commissioner may also issue a fine pursuant to section 12-16-6 "Violation, Penalty, And Enforcement", of this chapter. Although Planned Unit Developments (PUDs) are special uses revocation of a PiJD shall be in accordance with Chapter 6 "Planned Unit Developments "Section 12-6-7 "Revocation of Permits". For all violations which have not been corrected within a reasonable period of time, written notice shall be served upon the applicant to whom the special use was granted to -- give said applicant an opportunity to appear and defend. The notice shall set out a ___ description of the violation and a date and place for a hearing, which shall be at least three (3) days subsequent to the date the notice is served. The notice may be served personally or by eerCified mail, return receipt requested, upon the aforesaid applicant or his/her agents or responsible employees, or if there is a reasonable inability to effect service in the aforementioned manner, then service may be made by posting in a conspicuous location on the premises. The hearing on the violation shall be before a three (3) person board which shall be comprised of the chairman of plan commission or a member of the commission designated by the chairnan, who shall act as board chairman, the village president or a trustee designated by the village president and the village attorney or a licensed attorney designated by the village attorney. Any recommendations or decisions by the board shall be by majority vote. Minutes of the hearing shall betaken. A report shall be prepared by the board chairman setting out the recommendation of the board as to whether the special use shall be revoked or such other action as the board deems appropriate. A copy of said decision shall be furnished to the applicant along with notice as to the time and place of a hearing before the corporate authorities, if such hearing is required herein. The decision and notice, if required, may be served by first class mail, with sufficient postage thereon to the address where notice was initially served in the matter or by any other method of service described in this section. If revocation is recommended, the report shall be forwarded to the corporate authorities for their final decision at a hearing at which the applicant may appear and be heard. Any recommendation of the board, other than revocation, shall be considered as a final. decision of the board., unless otherwise stated by the board. Ali Final decisions of the board shall be subject to judicial review pursuant to the provisions of fhe administrative review law and all amendments and modifications thereof and the rules adopted pursuant thereto. All final decisions of the corporate authorities maybe appealed as provided by law. SECTION 3: 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 these text amendments. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. PASSED this 9`h day of June 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmaim Trustee Thill APPROVED by me this 9`h day of June 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 10th day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" ~fl~n~ng ~®~~~~~®~ ~~~ing ~®arcfl ®ff r'~~~es;f~ May I2, 2oos Village President Members of the Village Board 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear President Krier and Members of the Village Board: On April 21, 2008, a public hearing was conducted by the Morton Grove Plan Commission after being published in "The Champion" newspaper on April 3, 2008, a sign posted on the property and written notification sent to property owners withi+.~ 2S0 feet of the subject property as required by ordinance, regarding: Plan Commission Case PC 08-01, wherein the applicant, the Village of Morton Grove, 6101 Capulina Avenue, Morton Grove, Illinois requested miscellaneous text amendments to update and clarify the Unified Development Code. Ms. Bonnie Jacobson, Planner presented the case on behalf of the Village. She indicated that the intent of the amendments was to update and clarify certain aspects of the Unified Development Code, now that it bas been iii place for a year and the staff has adjusted to using it. She noted that the Plan Commission needed to evaluate the amendments based on if they were in the best interest of the Village: Ms. Jacobson reviewed each proposed amendment and the need and justification for each. hi reviewing the proposed amendments, the Plan Commnission suggested some additional language changes to further clarify the code. The proposed amendments with the Plan Convnissiws'sbhanges are attached to this report. The Commissioners all concluded that the amendments were in the best interest of the Village and met the criteria for text amendment proposal in the Village. There were ro interested or concerned parties regarding this case. Cottunissioner Patel moved, which Commissioner Gabriel seconded, a motion to approve PC 08-01, miscellaneous test amendments to the Unified Development Code with proposed luiguage charges suggested by the Commission. The motion passed: Yes - 6, No - 0, Agseut - I . The Voting Chairman Farkas Yes Commissioner Dorgan Yes Commissioner Gabriel Yes , Commissioner Gattoma Absent Commissioner Patel Yes Commissioner Roepenack Yes Commissioner Shimanski Yes Plan Commission Chairman. RicI~ard T.:Flickin~ar I~funieipal Cet~ier 5IQ1 Captz~ina Avenue ®Morton Grove, ;P4i,tc~is SGJ53-2')~5 ~~'; Tel: (&47) 955-4I f3t7 Fax: (~47) 965_~~d 52 `~~-~ ~~t" - CHAPTER 3 REGULATION OF SPECIFIC USES IN ALL ZONING DISTRICTS 12-3-3: RECREATIONAL AND COMMERCIAL VEHICLES: C. Commercial And Recreatioha! Vehicle Restrictions In Residential Districts: 1. General Requirements: The following. general requirements shall apply to all commercial and recreational vehicles except where indicated: d. All open parking areas shall be screened from adjacent lots and streets by a solid fence , or dense opaque shrubbery capable. for year round screening, six feet (6'} high. CHAPTER 4 ZONING DISTRICTS 12-4-3: COMMERCIAL DISTRICTS: D. Uses: Categories Of Use Pet Shops Physical Fitness and Health Services 1,000 SF or Less Physical Fitness and Health Services Greater than 1,000 SF Printing and Photocopy Shops Greater than 2,000 SF Schools- Commercial (Ex: Driving, Martial Arts, Learn6ng Center Etc.} 1;000 SF or Less Schools- Commercial (Ex: Driving, Martial Arts, Learn6ng Center Etc.) Greater than 1,000 SF Zoning Districts C-1 C- C/R 2 ~P X ~P P X P S X X S-Pie~#s e~ee~ ~P X S P X P S X S CHAPTER 5 SPECIAL ZONING PROVISIONS 12-5-3: SENIOR CITIZEN HOUSING SPECIAL DEVELOPMENT PROVISIONS: A. Description Of Special Development Provisions: The senior citizen housing special development provisions were originally adopted as the "1975 Morton Grove housing for the elderly and elderly handicapped code". The purpose and intent of these provisions is to codify, permit, classify, regulate and restrict the construction and location of multiple dwellings for the elderly and elderly handicapped within the C-1, C-2, R-3, C/R and AR-~- zoning districts of the village of Morton Grove in a logical and systematic manner by the application of a special use process. 12-5-5: CRITERIA FOR SPECIFIC COMMERCIAL SPECIAL USES: A. Automobile Service Stations and Mini-Mart Stations: Automobile service stations are commercial enterprises unique and different from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morals, and convenience by ensuring that such uses are compatible with their surroundings and only minimally impact the roadway network. 1. Uses Permitted: All autdmobile minimarf and service stations shall be classified into one of the following categories: a. Full service station: An automobile service station which, in addition to the retail dispensing of vehicular fuels, offers to perform, as an accessory use, automotive maintenance, service or repair including, but not limited to, the sale and installation of lubricants, tires, batteries and similar accessories for automotive vehicles by owner representatives. Customer dispensing of motor fuels at certain pump islands is also allowed. b. Automobile minimart station: An automobile service station which offers or includes as an accessory use, the retail sale of nonautomobile related items. k. Limitations On Minimart Stations: Maintenance, repair, servicing, parking, storage, towing or other similar motor vehicle services, except self-service car wash, are prohibited. nro fin} T 12-5-8: ADULT ENTERTAINMENT FACILITIES: Due to the secondary effects created by adult entertainment facilities per a study conducted by the Minnesota attorney general's office entitled "Report Of Attorney General's Working Group On Regulation Of Sexually Oriented Businesses", which includes summaries of studies in Minneapolis, Minnesota; St. Paul, Minnesota; Indianapolis, Indiana; Phoenix, Arizona; and Los Angeles, California, regarding the impact of sexually oriented businesses in the community, the. following special use conditions shall apply specifically to adult uses: , A. It is prohibited to locate, construct, or operate an adult entertainment facility in violation of &5 ILCS 5111-5-1.5 as amended from time to tirrte. B. No adult entertainment facility shall be located within three hundred feet (300') of another adult entertainment facility as measured from all property lines. C. Not more than one adult entertainment facility shall be permitted per building. D. All adult entertainment facilities shall be conducted within completely enclosed buildings. E. No adult entertainment facility shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decorations, sign, show window or other opening. F. Adequate fencing and/or screening shall be provided so that adult entertainment facilities shall not have an adverse effect on adjacent properties nor pose a risk to minors. G. Adequate measures will be taken to provide ingress or egress designed to minimize traffic congestion on the public streets. H. All signage shall conform to the village of Morton Grove sign regulations per the Morton Grove sign code far industrial uses. (Ord. 07-07, 3-26-2007) CHAPTER 7 OFf STREET PARKING AND LOADING 12-7-2: GENERAL PROVISIONS: 3. Parking for Residential Dwelling Units P~ ~-~+o (~arnnac' (`nrnnrFn. For residential dwelling units, the required off street parking may be provided in a private garage, including a carport, or on an all-weather hard surface such as concrete, asphalt, or paving bricks, which is used for storing the private passenger vehicles of the person, family, or families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles is carried on. Ih no case will parking spaces be rented to persons or businesses not resident on the premises if such spaces are required to satisfy the parking requirements of this chapter. Parking of recreational and commercia9 vehicles in residential districts shal6 be in accordance with 12- 3-3 of this Title." 12-7-3: OFF-STREET PARKING: E. Parking Lot Surfaces: of nnnnn~ tv nunh N purLrng Int ~hnll b~ ~lo~rly 'Jon+'finrJ All permanent rw rin~.v. parking lot surfaces and vehicular accesses to them shall be of an all- weather, hard-surface pavement conforming to the pavement design standards available at the Village of Morton Grove Public Works Department. The location and route of access to a parking lot shall be clearly identified. Temporary parking !ot surfaces shall be as determined by the Building Commissioner. CHAPTER 9 ACCESSWAYS 12-9-1: GENERAL CONSIDERATIONS: B. Lot Access: i. Fire Lanes: e-at~tonaa#+~ fire c nr'nLlar c~rntom ~inrl +hn h 'Irdinn avnn arln nnn hr nrV mr+ f'ft~i font /'1 G.(1'1 in .~~'rrncrcrvy'orcm-rn-rv-mv vancmic~-c~c~cca~vr~cr'r no hr n`1 raA fifty fast /1 GN\ of thn antira lonnth of nnn f thn In nnnn+ n'r{an ..rr~.-rrvrrorc.~rrrtcy-rv. v~r-cr~i~-rvr~crco -- ~'^^„<-Approved fire apparatus access roads shall be provided __ for every site and/or building and structure. The fire apparatus road, a fire lane, or dedicated street shall be within one hundred fifty feet (150') of all portions of the site and exterior walls of the first story of all buildings and structures as measured by an approved route around the exterior of building, structure or site, to be reviewed and approved by the Morton Urove Fire Department. C!-lAPTER 16 PR®JECT APPROVAL PROCESS 12-16-4C: SPECIAL USE PERMITS: (PROCEDURE FOR PLAN COMMISSION): 7. Revocation: In the event of an alleged violation of the provisions of any special use granted pursuant to this chapter; notice of such violation shall be served upon the applicant to whom the special use was granted. Following the service of a written notice, violation of the special use of shall be corrected within a reasonable amount of time as determined based upon the circumstances of the violation. If within the period of time contained in the written notice, the person receiving such an order presents an executed. contract or other verifiable documentation that the work necessary to eliminate the violation is underway, and if the appropriate village staff is satisfied that work is in progress and a diligent effort is underway to correct the violation, extensions of time may be granted at the discretion of the building commissioner. The building commissioner may also issue a fine pursuant to section 12-16-6, "Violation, Penalty, Enforcement," section of this chapter. Although, Planned Unit Developments (PUDs) are special uses, revocation of a PUD shall be in accordance with Chapter 6 "Planned Unit Developments," section 12-6-7 "Revocation of Permits." Legislative Summary ~-- Ordinance 08-21 AN ORDINANCE ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTHER WORKERS IN THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PIIBLIC WORKS FOR THE VILLAGE Introduced ~ May 12, 2008 Objective To establish prevailing wages for public works projects within the Village of Morton Grove. Purpose: To comply with the requirements of the Illinois Prevailing Wage Act, 820 ILLS 130 et seq. Bacleground: The Illinois Prevailing Wage Act requires contractor and subcontractor to pay laborers, workers and mechanics employed on public works projects, no less than the generai prevailing rate of wages as established by the Village. "Pubiic works" are defined by the Act to mean all fixed works constructed by any public body, or paid for wholly or in part out of public funds. Each year during the month of June; the Act requires the Village to investigate and ascertain the prevailing rate of wages. This ordinance adopts the prevailing wage rates established by the Illinois Deparment of Labor for Cook County, Illinois as the prevailing wage rates for public works projects in Morton Grove. A schedule of these rates can be found at: httn://wwwstate.il.us/aeeney/idol/ratesfEVENMO/COOK9~R9.htm. Upon passage of this Ordinance, the Act further requires the V illage to post these rates or make them available for inspection by any interested party; file a certified copy of the Ordinance with the Secretary of State and the lliinois Department of Labor by July 15; and publish a notice of these rates in a newspaper of generai circedation witlun the Village. Programs, Departments Village Administrator or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable. Workload Impact: The implementation of this ordinance will be perfornled by the Village Administrator. Administrator Approval as presented. Recommendation: First Reading: Required Special Considerations or ~ None Requirements: ~ ,~~ Administrator Approval Village Adrninisirator Prepared by: "~` ~~ Teresa IIof n n Liston, Corporation Counsel ORDINANCE 08-21 AN ORDINANCE ESTABLISHING THE PREVAILING RATE OF WAGES FOR LABORERS, MECHANICS AND OTI3ER WORKERS IN THE LOCALITY OF THE VILLAGE OF MORTON GROVE EMPLOYED IN PERFORMING CONSTRUCTION OF PUBLIC WORKS FOR THE VILLAGE WHEREAS, the Village of Morton Criove ("Village"), located in Cook County, Tllinois, is a home rule unit of government under the provisions of Article VII, Section 6 of the 1970; aild WHEREAS, the State of Illinois has enacted "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works", approved June 26, 1941, as amended, being Chapter 820 ILCS 130/1-12, Illinois Compiled Statues; and .WHEREAS, the aforesaid Act requires that the Village of Morton Grove investigate and ascertain the prevailing rate of wages as defined in said Act for laborers, mechanics and other workers in the locality of the Village of Morton Grove employed in performing construction of public works, for the village; and N'OW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: To the extent and as required by "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, County, City or any public body or any political subdivision or by anyone under contract for public works" approved June 26, 1941, as amended, the general prevailing rate of wages in this locality for laborers, mechanics aizd other workers engaged in the construction of public works coming under the jurisdiction of the Village of Morton Grove is hereby ascertained to be the same as the prevailing rate of wages for construction work in the Cook County area as determined by the Department of Labor of the State of Tllinois as of June 2008, a copy of that determination being ~~ hereto as Exhibit "A" and incorporated herein by reference. The definition of any terms appearing in this Ordinance which are also used in the aforesaid Act shall be the same as in said Act. SECTION 2: Nothing herein shall be construed to apply said general prevailing rate of wages as herein ascertained to any work or emplo}nnent except public works of the Village of lvlorton Grove to the extent required by the aforesaid Act. SECTION 3: The Village of Morton Grove shall publicly post or keep available for inspection by any interested party at 6101 Capulina Avenue, Morton Grove this determination of such prevaiing rate of wage. ..SECTION G: The Village of Morton Grove shall mail a copy of this determination to any employer, and to any association of employers acid to any person or association of employees who have filed, or file their names and addresses, requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. SECTION 5: The Village of Morton Grove shall promptly file a certified copy of this Ordinance with both the Secretary of State Index Division and the Department of Labor of the State of Illinois. SECTION 6: The Village Administrator shall cause a notice to be published in a newspaper of general circulation within the area that the determination of prevailing wages has been made. Said notice shall conform substantially to the notice attached hereto. Such publication shall constitute notice that this is the determination of the Village of Morton Grove and is effective. SECTION 7: This Ordinance shall be in full force and effect from and after its passage and approval. PASSED THIS 9`h day of June 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minix Trustee Staaolcmaml Trustee ThiI1 APPROVED by me this 9a' day of June 2008. Richard Krier, Village President Village of Morton Grove Cools County, Illinois APPROVED and FILED in my office this 10`h day of Tune 2008 Carol A. Fr~tzshall, Village Clerk Village of Morton Grove Cook Comity, Illinois legis\ord\prevailing wage 20~JS CERTIFICATION STATE OF ILLI1v~0IS COUNTY OF COOK I, Cati-ol A. Fritzshall, do hereby certify that I aLn the Clerk of the Village of Morton Grove, Illinois, and keeper of the records of said Village of Morton Grove, Illinois, and that the foregoing is a true and correct copy of the Prevailing Wage Rates Ordinaizce as adopted by the Board of Trustees of Village of Morton Grove, Illinois, at their Regular Meeting held on June 9, 2008. Dated tlvs 10`h day of Tune 2008. By: Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook Comity, Illinois LEGAL NOTICE NOTICE OF ORDINANCE NO: 08- PREVAILIlVG WAGE RATES TAKE NOTICE that the Village Administrator of the Village of Morton Grove, pursuant to "An Act regulating wages of laborers, mechanics and other workers employed in any public works by the State, county, city or any public body or any political subdivision or by anyone under contract for public woks," has determned ea, and as effective from Jmze 10, 2008, that the general prevailing rate of wages in this locality for laborers, mechanics, and other workers engaged in the construction of public works coming under the jurisdiction of the Village of Morton Grove is the same as determined by the Department of Labor of the State of Illinois for Cools County as of Tune 2008. A copy of the full Ordinance and the Department of Labor determination is available for inspection by any interested party in the main office of the Village of Morton Grove, and to any employer or association of employers and any person or association of employees who have filed, or file their names and addresses, requesting copies of the same. Village of Morton Grove, Cools County, Illinois By: Joseph F. Wade, Village Administrator legis\ord\prevailing wage 2008 Cook County Prevailing Wage for April 2008 rage t of i Cook County Prevailing Wage for April 2008 Trade Name RG TYP __ C - Base FRMAN. *M-F>8 OSA OSH H/W Pensn Vac ---- Trng ----- ____________________ ASBESTOS ABT-GEM -- ___ ALL - ______ 33.150 -- 33 ---- .65C -- 1. --- 5 --- 1.5 - 2 -- .0 ----- 7.970 ----- 5.680 - 0.000 0 .220 ASBESTOS ABT-MEC BLD 26.180 27 .930 1. 5 1.5 2 .0 8.760 6.910 C.000 0 .310 BOILERMAKER BLD 39.450 93 .000 2. 0 2.0 2 .0 6.720 8.990 0.000 0 .300 BRICK MASON BLD 36.430 90 .070 1. 5 1.5 2 .0 7.700 8.770 0.000 0 .94C CARPENTER ALL 37.77C 39 .770 1. 5 1.5 2 .C 8.960 6.910 6.000 0 .990 CEMENT MASON ALL 39.850 41 .850 2. 0 1.5 2 .0 7.490 6.520 0.000 0 .170 CERAMIC TILE FNSHER BLD 30.150 C .000 1. 5 1.5 2 .0 5.850 6.600 0.000 0 .390 COMM. ELECT. BLD 33.940 36 .490 1. 5 i.5 2 .0 7.200 5.596 0.000 0 .700 ELECTRIC PWR EQMT OP ALL 37.300 93 .950 1. 5 1.5 2 .0 8.310 10.77 0.000 0 .280 ELECTRIC PWR GRNDMAN ALL 29.090 93 .450 1. 5 1.5 2 .C 6.950 8.390 0.000 0 .220 ELECTRIC PWR LINEMAN ALL 37.300 93 .450 l. B 1.5 2 .0 8:310 10.77 0.000 0 ..280 ELECTRICIAN ALL 37.800 40 .400 1. 5 1.5 2 .0 10.00 7.650 0.000 0 .750 ELEVATOR CONSTRUCTOR BLD 43.925 99 .42C 2. 0 2.0 2 .0 8.775 6.960 2.640 0 .000 FENCE ERECTOR ALL 28.640 30 .190 1. 5 1.5 2 .0 7.750 5.970 0.000 0 .350 GLAZIER BLD 33.000 34 .500 1. 5 2.0 2 .0 6.740 10.15 0.000 C .600 HT/FROST INSULATOR BLD 37.900 39 .150 1. 5 1.5 2 .0 8.760 10.11 0.000 0 .310 IRON WORKER ALL 39.250 91. 250 2. 0 2.0 2 .0 9.950 12.74 0.000 C .300 LABORER ALL 33.150 33. 900 1. 5 1.5 2 .0 7,970 5.680 0.000 0 .220 LATHER BLD 37.770 39. 770 1. 5 1.5 2 .0 8.960 6.910 0.000 0 .490 MACHINIST BLD 38.390 90. 390 2. 0 2.0 2 .0 4.880 6.550 2.65C 0 .000 MARBLE FINISHERS ALL 27.680 0 .000 1. 5 1.5 2- .0 7.520 8.770 0.000 0 .440 MARBLE MASON BLD 36.430 90 .070 1. 5 1.5 2 .0 7.700 8.770 0.000 0 .440 MATERIAL TESTER I ALL 23.150 0. 000 1. 5 1.5 2 .0 7.970 5.680 0.000 0 .220 MATERIALS TESTER iI ALL 28.150 0. 000 1. 5 1.5 2. C 7.970 5.680 0.000 0 .220 MILLWRIGHT ALL 37.770 39. 770 1. 5 1.5 2. 0 8.960 6.910 0.000 0 .490 OPERATING ENGINEER BLD 1 41.550 45. 550 2. 0 2.0 2. 0 6.850 5.600 1.900 6 .700 CPERATING ENGINEER BLD 2 90.250 95. 550 2. 0 2.0 2. 0 6.850 5.60^v 1.900 0 .700 OPERATING ENGINEER BLD 3 37.700 95. 550 2. 0 2.0 2. 0 6.850 5.600 1.900 0 .700 OPERATING ENGINEER BLD 9 35.950 95. 550 2. 0 2.0 2. 0 6.850 5.600 1.900 0 .700 OPERATING ENGINEER FLT 1 .47.250 97. 250 1. 5 1.5 2. 0 6.850 5.600 i. 900 .0 .000. OPERATING ENGINEER FLT 2 45.750 47, 250 1. 5 1.5 2. 0 6.850 5.600 1.900 0 .000 OPERATING ENGIlQEER FLT 3 40.700 47. 250 1. 5 1.5 2. 0 6.850 5.600 1.900 0 .000 OPERATING ENGINEER FLT 9 33.850 47. 256 .1. 5 1.5 2. C 6.850 5.600 1.900 0 .000 OPERATING ENGINEER HWY 1 39.750 93. 750 1. 5 1.5 2. 0 6.850 5.600 1.900 0 :700 OPERATING ENGINEER HWY 2 39.200 93. T50 1. 5 1.5 2. 0 6.850 5. 600 1.900 0 .700 OPERATING ENGINEER HWY 3 37.150 43. 756 1. 5 1.5 2. 0 6.850 5.600 i.9C0 0. 700 OPERATING ENGINEER HWY 4 35.750 43. 750 1. 5 1.5 2. 0 6.850 5.600 1.900 0. 7C0 OPERATING ENGINEER HWY 5 34.550 93. 750 1. 5 L 5 2. 0 6.850 5.600. 1.900 0. 700 ORNAMNTL IRON WORKER ALL 37.350 39. 6C0 2. 0 2.0 2. G 7.750 12.09 0.000 0. 500 PAINTER ALL 35.400 39. 820 1. 5 1.5 1. 5 6.550 7.400 C. 000 0. 420 PAINTER SIGNS BLD 28.970 32. 520 1. 5 1.5 1. 5 2.600 2.310 0.000 0. 000 PILEDRIVER ALL 37.770 39. 770 .1. 5 1.5 2. 0 8.960 6.910 0.000 C. 990 PIPE FITTER BLD 90.000 92. 000 1. 5 1.5 2. 0 8.660 7.550 0.000 L. 120 PLASTERER BLD 36.100 38. 270 1. 5 1.5 2. 0 7.000 7.740 0.000 0. 400 PLUMBER BLD 91.000 93. 000 1. 5 1.5 2. 0 8.840 5.560 0.000 0. 980 ROOFER BLD 35.000 38. 000 1. 5 1.5 2. 0 6.800 3.870 0.000 0. 330 SHEETMETAL WORKER BLD 33.900 36. 070 1. 5 1.5 2. 0 6..960 7.850 0.000 0. 590 SIGN HANGER BLD 26.510 27. 360 1. 5 1.5 2. C 4.2C0 2.280 0.000 0. 000 SPRSNKLER FITTER BLD 40.500 42. 500 1. 5 1.5 2. 0 8.500 6.850 0.000 0. 500 STEEL ERECTOR ALL 36.250 37. 750 2. 0 2.0 2. 0 8.970 10.77 0.000 0. 300 STONE MASON BLD 36.930 40. 070 1. 5 i.5 2. 0 7.700 8.770 0.000 0. 440 TERRAZZO FINISHER BLD 31.810 0. 000 1. 5 i.5 2. 0 5.850 9.200 0.000 0. 280 TERRAZZO MASON BLD 35.390 38. 390 1. 5 1.5 2. 0 5.850 10.05 0.000 0. 320 TILE MASON BLD 36.630 40. 630 1. 5 i.5 2. 0 5.850 7.850 0.000 0. 980 http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 crook e~ounty rrevariing wage for .vpni Suva i aK~ u yr , TRAFFIC SAFETY WRKR HWY 24. 300 25. 900 i.5 1. 5 2. 0 3. 780 1. 875 0.000 0. 000 TRUC K DRIVER E ALL 1 29. 950 30. 600 1.5 1. 5 2. 0 6. 150 4. 800 0.000 0. 150 '' TRIICK DRIVER E Ai,L 2 30. 200 30. 600 1.5 1. 5 2. 0 6. 15C 4. 800 0.000 C. 150 TRUCK DRIVER E ALL 3 30. 400 30 .600 i.5 i. 5 2. 0 6. 150 4. 800 0.000 0. 150 -- TRUCK DRIVER E ALL 4 30. 600 30 .600 1.5 1. 5 2. 0 6. 150 4. 800 0.000 0. 150 TRUCK DRIVER W ALL 1 30. 950 31. 500 1.5 1. 5 2. 0 6. 500 3. 950 0.000 0. 000 TRUCK DRIVER W ALL 2 31 .100 31 .500 1.5 1. 5 2. 0 6. 500 3. 950 0.000 C. OOG TRUCK DRIVER W P.LL 3 31 .300 31 .500 1.5 1. 5 2. 0 6. 500 3. 950 0.000 0. 000 TRUCK DRIVER W ALL 9 31 .500 31 .500 i.5 1. 5 2. 0 6. 500 3. 950 0.000 0. 000 TUCKPOINTER BLD 36. 900 37 .900 1.5 L 5 2. 0 5: 9:10 8. 350 0.000 G. 4G0 Legend: M-F>8 (Overtime is xequized fos any hour greater than B worked each day, Monday through Friday: OSA (Ove xtime is required fox every hoax worked on Satuzda y) OSH (OVestime is required for every hour worked on Sunday and Holidays) H/W (HealtS & Welfare Zneuzance) Pensn (Pension) Vac (Vacation) Txng (Training) Explanations COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road: The following list is consideredas *_hose days for which holiday rates of wages for work performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas.Day. Generally, anyof these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may al*_er certain days of celebration such as the day after Thanksgiving for Veterans.Day. If in doubt, please checkwith IDOL. EX PLANATSON OF CLASSES ASBESTOS - GENERP.L - removal of asbestesmaterial/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductworkor pipes in a building when the building is to be demolished at the timeor at some close fubure date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are toremain. CERAMIC TILE FINISHER T::".e grouting, cleaning, and polishingof ail classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warning detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, for the made in the-like units; all mixtures in the like form of cement, metals, and other materials that are for and intended for use as a finished floor http:Ilwwwstate.il.uslagency/idol/rateslEVENMO/COOK9999.htn~ 5/8/200& Cook County Prevailing Wage for April ZUUB surface, stair treads, promenade roofs, walks, wails, ceilings, swimming pools, and allother places where the is to form a finished --'~ inter.i.or or exterior. The mixing of all setting mortars including but --~ not limited to thin-set mortars, epoxies, wallmud, and any other --- sand and cement mixtures or adhesives when used in thepfecaration, installation, repair, or maintenance of the and/or similar materials. The handling ardunloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any other materials tc be used in - the preparation, installation, repair,. or maintenance of the and/or similar materials. Ceramic Tile Finishers shall fill all joints and voids regardless of method on all the work, particularly and especially after installation- of said the work. Application of any and all protective coverings to all types of the installations including, but r.ct be limited to, ail soap compourds,paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any new type of products *_hat may be used to protect tiie installations, Blastrac equipment and all floor scarifying equipment used in preparing floors to receive tile. Theclear. un and removal of a1i waste and materials. A11 demoli*_ion of existing file floors and walls to be re-tiled, COMMUNICATIONS ELECTRICIAN - Installation, operation, inspection, maintenance, repair and service of radio,television, recording, voice sound vision production and reproduction, telephone and telephone interconnect,.facsimiie, data apparatus, coaxial, _°ibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, entertainmen*_, and residential purposes, including but not limited to, communication andtelephone, electronic and soundequipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of ar,y incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution ofall materials (all stone, sard,etc.), stocking of floors with material, performing all rigging for heavy work, the handling of ail mateiral that may be needed for the installation of such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water on diamondor Carborundum blade or saw for setters cutting, use of tub saw or any other saw neededfor preparationof material, drilling of holes for wires that anchor material set by setters, mixing up of molding plasterfor installation of material, mixing up thin set for the installation. of material, mixing up of sand to cement for the installatin of material and such other work as may be required in helping a Marble Setter in the handling of all material in the erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue store, granite and other stores (meaning as to stone any foreign cr domestic materials as are specified and used in building interiors ar,d experiors and customarily known as stone in the trade), Carrara, sanionyx, vitrolite and similar opaque glass and the laying of all marble tile, terrazzo tile, slate the and precast tile, steps, risers rage ~ ui i http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Prevailing Wage for Apnl 2008 Page µ of treads, base, or any other materials that may be used as substitutes fcr any cf the aforementioned materials and which are used on intericr ' and experior which Bare installed in a similar manner. MATERIAL TESTER I: Hard coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of wel ds,structural steel, fireproofing, masonry, soil, facade, reinforcing steel, formwork, cured concrete, and concrete and asphalt batch plants; adjusting proportions of bituminous mixtures. TERRAZZO FINISHER The handling of sand, cement, marblechips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grindir.g,.grouting, cleaning and sealing of all N,arbie, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hand or machine, and in addition, assisting and aiding Marble, Masonic, and Terrazzo Mechanics. OPERATING ENGINEERS - BUILDING Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Beroto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor andThrottle Valve; Concrete BreaY,er (Truck Mounted).; Concrete Conveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete Tower; Cranes, A11; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, P.11; Derricks, Traveling; Formless Curb ar,d Gutter Machine; Grader, Elevating; Grouting Machines; Hig'r.lift Shovels orFront Endloader 2-1/4 yd. and over; Hoists, Elevators, cutside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger On.e Floor; Hydraulic Backhoes; Hydraulic Boom Trucks; Hydro Vac (and similar equipment); Locomotives, .All; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Dig ger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes; Squeeze Cretes-screw Type Pumps; Raised and Blind Hole Dri11; Roto Mill Grinder; Scoops - Tractor Drawn; Slip-form Paver; Straddle Buggies; Tournapuli; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers;Broom, P11 Power .Propelled; Bulldozers; Concrete Mixer (Two Bagand Over); Conveyor, Portable; Forklift Trucks; Greaser Engineer; Highlift Shovels or Front Endlcaders under 2-1/4 yd.; Hoists,Automatic; Hoists, inside Freight. Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill self-propelled); Rock Drill (truck mounted); Rollers, A11; Steam Generators; Tractors, A11; Tractor Drawn Vibratory Roller; Winch Trucks with "A" Frame. Class 3. Ai r. Compressor; Combination - Small Equipment Operator; Generators; Y.eaters, Mechanical; Hoists, Snside Elevators - (Rheostat Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Welding Macnines(2 through 5); Winches, 4 small Electric Drill Winches; Bobcat (up to and including 3/4 cu. yd.). http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Prevailing Wage for April 2008 Class 4. Bobcats and/or other SkidSteer Loaders; Oilers; and Brick Forklift. GPERA:'ING ENGINEERS - FLOATING Class 1. Craft foreman. (Master Mechanic), diver/wet tender, engineer .(hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck equipment operator (machineryman), maintenance of crane (over 5C ton capacity) or backhoe (96,OOD pounds or more), tug/launch operator, loader, dozer and like equipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck equipment operator machineryman/fireman), (9equipment units cr mcre) and crane maintenance 5C ton capa ity and under or backhoe weighing 96,000 pounds or less, assistanttug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Fcremar,; Asphalt Plant; Asphalt Heater and Planer Combination.; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO cr other similar type machines; ABG Paver; Backhoes with Caisson attachment;Ballast Regulator; Belt Loader; Caisson Rigs; Car Dumper; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted): Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, all attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature; Crete Crane; Crusher, Store, etc.; Derricks, All;Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-We7.der; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Full Grader, Subgrader; Guard Rail Post Driver Mounted; Hoists, One, Two and Three Drum; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock Drii1 - Crawler or Skid Rig; Rock Drill - Truck Mounted;. Roto Mill Grinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted);.Straddle Buggies; Hydraulic Teiescopir,g Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO). Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car bonder Traili;,g Conveyors; Combination. Backhoe Front Endloader Machine (less than i cu. yd. Backhoe Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker or Hydro Han¢ner; Concrete Grinding Machine;Concrete Mixer or Paver 7S Series to and including 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Barlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor Muck Cars (Haglund or Similar Type); Drills, A11; Finishing Machine - YageS of 7 http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htin 5/8/2008 look County 1 revatlmg wage for t~pnl Luvn Concrete; Greaser Engineer; Highlift Shovels or Front Endloader; Hoist - Sewer Draggin^y N,achine; Hydraulic Boom Trucks (All Attachments}; Hydro-Blaster; A11 Locomotives, Dinky; Pump Cretes; Squeeze --~ Cretes-Screw Type Pumps, Gypsum Bulker and Pump; Roller, Asphalt; Rotory Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover is Tandem (Regardless of Size); Tank Car. Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; Tug Boats.. Class 3. Boilers; Brooms, All Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, P.utomatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; .Pipe Jacking.Machines; Post-HOle.Digger; Power Saw, Concrete Power Driver.; Pug Mills; Rollers, other than asphalt; Seed. and Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driven. Class 4. Air Compressor; Combination - Small Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Hydraulic Power Unit (Pile Driving, Extracting, or Drilling); Hydro- Blaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to 3 not to exceed a total of 30G ft.); Pumps, Weli Points; Tractaire; Welding Machines (2 through 5);.Winches, 4 Sma11 Electric Drill Winches. Class 5. Bobcats (a7.1);Brick Forklifts, Cilers. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on .highway work, the ins*_allation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND HTGH~n~AY CONS 1^RUCTION - EAST &WEST Class 1. Two or three Axle Trucks. A-frame Truck when eased for transpor*_ation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Carand Truck. Washers; Carry-alls; Fork Lifts and Roisters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck.Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Fouraxie trucks; Dump Crets and Adgetcrs under 7 yards; Dumpsters, Track Trucks, Euciids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 P.xles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or rage o of i http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Yrevailmg wage Tor ~pnt zuvu turnapulls when pulling other than self-loading equipment cr similar equipment over 16 cubic yards; Explosives and/or Fission Material Trucks; Nixer Trucks 7 yards or over; Mobile Cranes while in transi*_; Oil Distributors, 1-man operation; Pole Trailer, over 90 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six axle trucks; Dual-purpose vehicles,. such as mounted crane trucks with hoist and accessories; Foreman; N,aster Mechanic; Self-loading equipment like P.B. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has onfile such definitions which are available. If a task to beperformed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classification and provide such rate,such rate being deemed to exist by reference in this document. If no neighboringcounty rate applies to the task, the Department shall undertakea special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not '_isted, please contact IDOL at618/993-7271 for wage rates or ClaY1f1Cat10n5. LANGSCAPING Landscaping work falls under the existing classifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment use d. or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless of size of truck driven) is covered by the classifications of truck driver. r u~c , vi , http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 CERTIFICATION STATE OF ILLINOIS COUNTY OF COOK I, Carol A. Iritzshall, do hereby certify that I am the Clerk of the Village of Morton Grove, Illinois, and keeper of the records of said Village of Morton Grove, Illinois, and that the foregoing is a true and correct copy of the Prevailing Wage Rates Ordinance as adopted by the Board of Trustees of Village of Morton Grove, Illinois, at their Regular Meeting held on June 9, 2008. Dared this 10`x' day of June 2008. By: Carol A. Fritzshall, Village Clerlc Village of Morton Grove Cook County, Illinois LEGAL NOTICE NOTICE OR ORDINANCE NO: 08- PREVAILING WAGE RATES TAKE NOTICE that the Village Administrator of the Village of Morton Grove, pursuant to "An Act regulating wages of laborers, mechanics acid other workers employed in azly public works by the State, county, city or airy public body or any political subdivision orby anyone under contract for public works," has detenmined on, ar~d as effective from Tune i0, 2008, That tl-ie general prevailing rate ofwages in this locality for laborers, mechanics, and other workers engaged in the constructioli of public works coming under the jurisdiction of the Village of Morton Grove is the same as determined by the Department of Labor of the State of Illinois for Cook County as of June 2008. A copy of the full Ordinance and the Department of Labor determination is available for inspection by any interested party in the main office of the Village of Morton Grove, and to any employer or association of employers acid any peison or association of employees who have filed, or file their mimes and addresses, requestnig copies of the same. Village of Morton Cnove, Cook County, Illinois By: Joseph F. Wade, Village Adminisri~ator leo s\m~d\prevailing wage 2008 Cook County Prevailing Wage for Apri12008 Page 1 of 7 Cook County Prevailing Wage for April 2008 Trade Name RG TYP C Base FRN,AN •M-F>8 OSA OSH E/W Pens.^. Vac Trng ASBESTOS ABT-GEN ALL 33 .150 33 .650 1 .5 1.5 2 .0 7. 970 5.68C 0.000 0. 220 ASBESTOS ABT-MEC BLD 26 .180 27 .930 1 .5 1.5 2 .0 8. 760 6.410 0.000 0. 310 BOILERMAKER BLD 39 .450 43 .000 2 .0 2.0 2 .0 6. 720 8.490 0.000 0, 300 BRICK MASON BLD 36 .430 46 .070 1 .5 1.5 2 .0 7: 700 8.770 0.000 0. 490 CARPENTER ALL 37 .770 39 .770 1 .5 i.5 2 .0 8. 960 6.910 0.000 0. 496 CEMENT MASON ALL 39 .850 91 .850 2 .0 1.5 2 .0 7. 490 6.520 0.000 0. 170 CERAMIC TILE FLASHER BLD 30 .150 0 .000 1 .5 i.5 2 .0 5. 850 6.60C 0.000 0. 340 COMM. ELECT. BLD 33 .940 36 .490 1 .5 1.5 2 .0 7. 200 5.590 0.000 0. 700 ELECTRIC PWR EQMT OP ALL . 37 .300 43 .450 1 .5 - 1.5 2 .C 8. 310 10.77 0.000 C. 280 ELECTRIC PWR GRNDMAN ALL 29 .090 43 .450 1 .5 1.5 2 .0 6. 950 8.390 0.000 0. 220 ELECTRIC PWR LINEMAN ALL 37 .300 93 .950 1. 5 1.5 2 .0 8. 310 10.77 0.000 0. 280 ELECTRICIAN ALL 37 .800 40 .406 1 .5 1.5 2 .0 10 .00 7.650 0.000 0. 750 ELEVATOR CONSTRUCTOR BLD 43 .925 49 .420 2 .0 2.0 2 .0 8. 775 6.960 2.640 0. 000 FENCE ERECTOR ALL 28 .640 30 .140 L 5 1.5 2 .0 7. 750 5.970 0.000 0. 350 GLAZIER BLD 33 .000 34 .506 i .5 2.0 2 . u" 6. 790 10.15 6.000 0. 600 HT/FROST INSULATOR BLD 37 .900 39 .150 1 .5 1.5 2 .0 8. 760 10.11 0.000 0. 310 IRON WORKER ALL 39 .250 41 .250 2 .0 2.0 2 .0 9. 95C 12.74 0.000 0. 300 LABORER ALL 33 .150 33 .900 1 .5 1.5 2 .0 7. 970 5.680 0.000 0. 220 LAT Y.ER BLD 37 .770 39 .770 1 .5 1.5 2 .0 8. 960 6.910 0.000 0. 490 MACHINIST BLD 38 .390 90 .390 2 .0 2.0 2 .0 4. 880 6.550 2.650 0. 000 MARBLE FINISHERS ALL 27 .680 0 .000 1 .5 1.5 2- .0 7. 520 8.770 0.000 0. 440 MARBLE MASON BLD 36 .430 90 .070 1 .5 1.5 2 .0 7. 700 8.770 0.000 0. 990 MATERIAL TESTER I. ALL 23 :150 0 .000 1. .5 i.5 2 .0 7. 97C 5.680 0.000 0. 220 MATERIALS TESTER II ALL 28 .150 0 .000 1 .5 1.5 2 .0 7. 970 5.680 0.000 0. 220 MILL`v~RIGHT ALL 37 .770 39 .770 i .5 1.5 2 .0 8. 960 6.910 0.000 0. 490 OPERATING ENGINEER BLD 1 91 .550 95 .550 2. 0 2.0 2. 0 6. 850 5.600 1.900 0. 700 OPERATING ENGINEER . BLD 2 90 .250 95 .550 2. 0 2.0 2. 0 6. 850 5.600 1..900 0. 700 OPERATING ENGINEER BLD 3 37 .700 95 .550 2. 0 2.0 2 .0 6. 850 5.600 1.900 0. 700 OPERATING ENGINEER BLD 9 35 .950 45 .550 2. 0 2.0 2 .0 6. 850 5.600 i. 900 0. 700 OPERATING ENGINEER FLT 1 47 .250 47 .250 1. 5 1.5 2 .0 6. 850 5.600 1.900 0. 000 OPERATING ENGINEER FLT 2 95 .750 47 .250 1. 5 1.5 2. 0 6. 850 5.600 1.900 0. 000 OPERATING ENGINEER FLT 3 90 .700 97 .250 1. 5 1.5 2. 0 6. 850 5.600 1.900 0. 000 OPERPTING ENGINEER FLT 4 33 .850 47. 250 1. 5 1.5 2. 0 6. 850 5.600 1.900 0. 000 OPERATING ENGINEER HWY 1 39 .750 43 .750 1 .5 1.5 2 .0 6. 850 5.600 1.900 0. 700 OPERATING ENGINEER HWY 2 39 .200 43 .750 1 .5 1.5 2 .0 6. 850 5.600 1.900 0. 700 OPERATING ENGINEER HWY 3 37 .150 93. 750 1. 5 1.5 2. 0 6. 850 5.600 1.900 0. 760 OPERATING ENGINEER HWY 4 35 .750 43. 750 1. 5 1.5 2. 0 6. 850 5.600 1.900 0. 700 OPERATING ENGINEER HWY 5 34 .550 93. 750 L 5 1.5 2: 0 6. 850 5.600 i. 900 0. 700 ORNAMNTL IRON WORKER ALL 37 .350 39 .600 2. 0 2.0 2. 0 7. 750 12.09 0.000 0. 500 PAINTER ALL 35 .900 39 .820 1. 5 1.5 1 .5 6. 550 7.400 0.000 0. 920 PAINTER SIGNS HLD 7_8 .970 32. 520 L. 5 1.5 1. 5 2. 600 2.310 0.000 0. 000 PILEDRIVER ALL 37 .770 39. 770 1. 5 1.5 2. 0 8. 960 6.910 0.000 C. 990 PIPEFITTER BLD 40 .000 42. 000 '_. 5 1.5 2. 0 8. 660 7.550 0.000 1. 120 PLASTERER BLD 36 .100 38 .270 1. 5 1.5 2. 0 7. 000 7.74C 0.000 0. 900 PLUMBER BLD 91 .000 43 .000 1. 5 1.5 2. 0 8. 890 5.560 0.000 0. 980 ROOFER BLD 35 .000 38. 000 1. 5 1.5 2. 0 6: 800 3.870 0.000 0. 330 SHEETMETAL WORKER BLD 33 .400 36. 070 1. 5 1.5 2. G 6. 460 7.850 0.000 0. 590 SIGN HANGER .BLD 26 .510 27. 360 1. 5 1.5 2. 0 4. 200 2.280 0.000 0. 000 SPRINKLER FT_TTER BLD 90 .500 42 .500 1. 5 1.5 2. 0 8. 500 6.850 0.000 0. 500 STEEL ERECTOR ALL 36 .250 37 .750 2. 0 2.0 2. 0 8. 970 10.77 0.000 0. 300 STONE MASON BLD 36 .930 40 .070 1. 5 '_.5 2. 0 7. 700 8.770 0.000 0. 990 TERRAZZO FINISHER BLD 31 .810 0. 000 1. 5 i.5 2. 0 5. 850 9.200 0.000 C. 280 TERRAZZO MASON BLD 35 .390 38. 390 T. 5 1.5 2. 0 5. 850 10.05 0.000 0. 320 TILE MASON BLD 36 .63C 40. 630 1. 5 1.5 2. 0 5. 85G 7.85C 0.000 0. 480 httP://www.state.il.us/agency/idol/rates/IJVENMO/COOK9999.htm 5/8/2008 Cook County Prevailing Wage for April 2008 Page Z of "/ TRAFFIC SAFETY WRKR HWY 24.300 25.900 1. 5 1. 5 2. 0 3..780 1.875 0.000 0. 000 TRUCK DRIVER E ALL 1 29.950 30.600 1. 5 1. 5 2. 0 6.150 4.800 0.000. 0. 150 TRUCK DRIVER E ALL 2 3G.2CG 30.600 1. 5 1. 5 2 .0 6.1x0 4.800 0.000 C. 15G TRUCK DRIVER E ALL 3 30.400 30.600 1. 5 1. 5 2. 0 6.150 4.800 0.000 0. 150 TR'U'CK DRIVER E ALL 4 30.600 30.606 1. 5 1. 5 2. 0 6.150 4.800 0.000 0. 150 TRUCK DRIVER w ALL 1 30.950 31.500 i. 5 1. 5 2. 0 6.500 3.950 0.000 0. 000 TRUCK DRIVER W ALL 2 31.100 31.500 1. 5 i. 5 2. 0 6.500 3.950 0.000 C. 000 TRUCK DRIVER W' ALL 3 31.300 31.x00 1. 5 1. 5 2 .0 b.500 3.950 0.000 0. 000 TRUCK DRIVER W ALL 4 31.500 31.500 I. 5 1. 5 2 .0 6.500 3.950 0.000 D. 000 TUCKPOINTER BLD 36.900 37.900 1. 5 1. 5 2. 0 5.910 8.35C 0.000 0. 400 Legend: M-F>B (Overtime is required fox any hour greater than 8 worked each day, Monday through Friday. OSA (Overt ire is required for every hour wcrked on Saturday) OSH (overtime isrequixed for every hour worked on Sunday and Holidays) H/W (Hen?th 5 Weif are Insurance) Pensn (Pension) Vac (Vacation) Trng (Training) Explanations COOK COUNTY TRUCK DRIVERS (WEST) - That part of the county West of Barrington Road. The following list is considered as those days for which holiday rates of wages for wcrk performed apply: New Years Day, Memorial/Decoration Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day: Generally, any of these holidays which fall on a Sunday is celebrated on the following Monday. This then makes work performed on that Monday payable at the appropriate overtime rate for holiday pay. Common practice in a given local may alter certain days of celebration such as the day after Thanksgiving for Veterans Day. If in doubt, please check with IDCL. EXPLANATION OF CLASSES ASBn^STCS - GENERAL - removal of asbestos material/mold and hazardous materials from any place in a building, including mechanical systems where those mechanical systems are to be removed. This includes the removal of asbestos materials/mold and hazardous materials from ductwork or pipes in. a building when the building is to be demolished at the time cr at some close future date. ASBESTOS - MECHANICAL - removal of asbestos material from mechanical systems, such as pipes, ducts, and boilers, where the mechanical systems are to remain. CERAMIC TILE FINISHER The grouting, cleaning, and polishing of all classes of tile, whether for interior or exterior purposes, all burned, glazed or unglazed products; all composition materials, granite tiles, warring detectable tiles, cement tiles, epoxy composite materials, pavers, glass, mosaics, fiberglass, and all substitute materials, fcr the made ___ the-like units; all mixtures in file like form of cement, metals,pand other materials that are for and intended for use as a finished floor http://www.state.il.us/agency/idol/ratesBVF.NMOI000K9999.htm 5/8/2008 Cook County Prevailing Wage for Apri12008 surface, stair treads, promenade roofs, walks, wails, ceilings, swimming pools, and all other places where the is to form a finished interior cr exterior. Th.e mixing of all setting. mortars including but rot limited to thin-set mortars, epoxies, wall mud; and any other sand and cement mixtures or adhesives when used in the preparation,' installation, repair, or maintenance of the and/or similar materials. The handling and unloading of all sand, cement, lime, tile, fixtures, equipment, adhesives, or any othermaterials to beused in the preparation, installation, repair, or maintenance of ti~.e and/or similar materials. Ceramic Tile Finishers shall fill ail joints and voids regardless of method on all the work, particularly and especially after installation of said file work. P.pplication of any and all protective coverings to all types of the installations including, but not be limited to, all soap compounds, paper products, tapes, and all polyethylene coverings, plywood, masonite, cardboard, and any rew type ofproducts that may be used to protect the installations, Blastrac equipment, and all floor scarifying equipment used in preparing floors to receive tile. The clean up and removal of all waste and materials. A11.demolition of existing the floors and walls to be re-tiled. COMMUNICATIONS ELECTRSCIAN - Installation operation, inspection, maintenance, repair and service of radio, television, recording, voice sound vision production and reproduction, telephone and telephone interconnect, facsimile, data apparatus, coaxial, fibre optic and wireless equipment, appliances and systems used for the transmission and reception of signals of any nature, business, domestic, commercial, education, ertertaiament, ar.d residential purposes, including but not limited to, communication andteiephone,electrenic and sound equipment, fibre optic and data communication systems, and the performance of any task directly related to such installation or service whether at .new or existing sites, such tasks to include the placing of wire and cable and electrical power conduit or other raceway work within the equipment room and pulling wire and/or cable through conduit and the installation of any incidental conduit, such that the employees covered hereby can complete any job in full. MARBLE FINISHER Loading and unloading trucks, distribution of all materials (all stone, sand, etc.),stocking of floors with material, performing ail rigging for heavy work, the handling of all mateiral that may be needed for the-installationcf such materials, building of scaffolding, polishing if needed, patching, waxing of material if damaged, pointing up, caulking, grouting and cleaning of marble, holding water. on diamondor Carborundum blade or saw for setters cutting, use of tnb saw or any other saw needed for preparation of material, drilling ofholes for wires that anchor material set by setters, mixing up of molding plaster for installation of material, mixing up thin set for the installation^. of material, mixing up of sand to cement for the installatinof material and suchother work as may be required in helping a Marble Setter S.n the handling of all material in th.e erection or installation of interior marble, slate, travertine, art marble, serpentine, alberene stone, blue stone, granite and other stones (meaning as. to stone any foreign or domestic materials as are specified and used in building interiors and experiors and customarily known as stone in the trade), Carrara, sanionyx, vitrolite and similar-opaque glass and the laying of all marble tile, terrazzo tile, slate ti.1e and precast tile, steps, risers Page 3 of 7 http://www.state.il.uslagency/idol/rates/EVENMO/COOK9999.htm 5/812008 Cook County Prevailing Wage for Apri12008 treads, base, cr. any other materials that may be used as substitutes for any of the aforementioned materials and which are used on interior and experS.or which Bare installed in a similar manner. MATERIAL TESTER I: Hand coring and drilling for testing of materials; field inspection of uncured concrete and asphalt. MATERIAL TESTER II: Field inspection of welds, structural steel, fireproofing; masonry, soil, facade, reinforcing steel, formwork, cured concrete, andconcrete and asphalt batch plants; adjusting proportions of bituminous mixtures. TERRAZZO FINISHER The handling of sand, cement, marble chips, and all other materials that may be used by the Mosaic Terrazzo Mechanic, and the mixing, grinding, grouting, cleaning and sealing of all Marble, Mosaic, and Terrazzo work, floors, base, stairs, and wainscoting by hard cr machine, and in addi*_ion, assisting and aiding Marble, Masonic, and Terrazzo b?echanics. OPERATING ENGINEERS - BUILDING. Class 1. Mechanic; Asphalt Plant; Asphalt Spreader; Autograde; Backhoes with Caisson attachment; Batch Plant; Benoto; Boiler and Throttle Valve; Caisson Rigs; Central Redi-Mix Plant; Combination Back Hoe Front End-loader Machine; Compressor and Throttle Valve; Concrete Breaker (Truck Mounted); Concrete Ccnveyor; Concrete Paver; Concrete Placer; Concrete Placing Boom; Concrete Pump (Truck Mounted); Concrete T cover; Crane s, A11; Cranes, Hammerhead; Cranes, (GCI and similar Type); Creter Crane; Crusher, Stone, etc.; Derricks, All; Derricks, Traveling; Formless Curb and Gutter Machine; Grader, Elevating; Grouting Machines; Highlift Shovels or Front Endloader 2-1/4 yd. and over; Hoists, Elevators, cutside type rack and pinion and similar machines; Hoists, one, two and three Drum; Hoists, Two Tugger One Floor; Hydraulic Backhoes; Hydraulic BoomTrucks; Hydre Vac (and similar equipment); Locomotives, A11; Motor Patrol; Pile Drivers and Skid Rig; Post Hole Digger; Pre-Stress Machine; Pump Cretes Dual Ram; Pump Cretes; SqueezeCretes-screw Type Pumps7Raised and Blind Hole Dri11; Roto Mill Grinder; Scoops - Tractor Drawn; Siip-form Faver; Straddle Buggies; Tourr.apull; Tractor with Boom and Side Boom; Trenching Machines. Class 2. Boilers; Brocm, All Power Propelled; Bulldozers; Concrete Mixer (Two Sag and Over); Conveyor, Portab7.e; Forklift Trucks; Greaser Engineer; Fiighiift Shcvels or Front End.roaders under 2-1/9 yd.; Hoists, Automatic; Hoists, ir.s ide Freight Elevators; Hoists, Sewer Dragging Machine; Hoists, Tugger Single Drum; Laser Screed; Rock Drill self-propelled); Rock Drill (truck mounted); Rcllers, All; Steam Generators; Tractors, A.1 L; Tractor Drawn Vibratory Roller; Winch Trucks wi*_h "A" Frame. Class 3. Air Compressor; Combination - Small Equipment Operator; Generators; Heaters, Mechanical; HoS.sts, Inside Elevators - (Rheosta.t Manual Controlled); Hydraulic Power Units (Pile Driving, Extracting, and Drilling); Pumps, over 3" (1 to 3 not to exceed a total of 300 ft.); Pumps, Well Points; Welding Machines (2 thrcugh 5); Winches, 4 small Electric Dri11 Winches; Bobcat (up to and including 3/4 cu. yd.). Page 4 of 7 http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Prevailing Wage for Apri12008 Page 5 of 7 Class 4. Bobcats and/cr other Skid Steer Loaders; Oilers; and Brick Forklift. OPERATING ENGINEERS - FLOATING Class 1. Craft foreman (Master Mechanic), diver/wet tender, engineer (hydraulic dredge). Class 2. Crane/backhoe operator, mechanic/welder, assistant engineer (hydraulic dredge), leverman (hydraulic dredge), and diver tender. Class 3. Deck equipment operator (machineryman), maintenance of crane (over 50 ton capacity) cr backhoe (96,000 pounds or more), tug/launch operator, loader, dozer and like equipment on barge, breakwater wall, slip/dock or scow, deck machinery, etc. Class 4. Deck equipment cperator machineryman/fireman), (4 equipment units or more). and crane maintenance 50 tor, caoaci'~y and under or backhoe weighing 96,000 pounds or less, assistant tug operator. OPERATING ENGINEERS - HEAVY AND HIGHWAY CONSTRUCTION Class 1. Craft Foreman; Asphalt Plant; Asphalt Heater and Planer Combination; Asphalt Heater Scarfire; Asphalt Spreader; Autograder/GOMACO or other similar *_ype machines; ABG Paver; Backhoes with Caisson attachment; Ballast Regulator; Beit Loader; Caisson Rigs; Car Dumper.; Central Redi-Mix Plant; Combination Backhoe Front Endloader Machine, (1 cu. yd. Backhoe Bucket or over or with attachments); Concrete Breaker (Truck Mounted}: Concrete Conveyor; Concrete Paver over 27E cu. ft.; Concrete Placer; Concrete Tube Float; Cranes, ail attachments; Cranes, Hammerhead, Linden, Peco & Machines of a like nature;Crete Crane; Crusher, Stone, etc.; Derricks, A11; Derrick Boats; Derricks, Traveling; Dowell machine with Air Compressor; Dredges; Field Mechanic-Weider; Formless Curb and Gutter Machine; Gradall and Machines of a like nature; Grader, Elevating; Grader, Motor Grader, Motor Patrol, Auto Patrol, Form Grader, Pu11 Grader, Subgrader; Guard Rail Post Driver Mounted; Hcists, One, Two and Three Drsm; Hydraulic Backhoes; Backhoes with shear attachments; Mucking Machine; Pile Drivers and Skid Rig; Pre-Stress Machine; Pump Cretes Dual Ram; Rock.Dri11 - Crawler or Skid Rig; Rock Drill - Trudy Mounted; Roto MillGrinder; Slip-Form Paver; Soil Test Drill Rig (Truck Mounted); Straddle Buggies; Hydraulic Telescoping Form (Tunnel); Tractor Drawn Belt Loader (with attached pusher - two engineers); Tractor with Boom; Tractaire with Attachments; Trenching Machine; Truck Mounted Concrete Pump with Boom; Raised or Blind Hole; Drills (Tunnel Shaft); Underground Boring and/or Mining Machines; Wheel Excavator; Widener (APSCO}. Class 2. Batch Plant; Bituminous Mixer; Boiler and Throttle Valve; Bulldozers; Car Loader Trailing Conveyors; Combination ..Backhoe Front Endloader Machine (less than 1 cu. yd. Backhce Bucket or over or with attachments); Compressor and Throttle Valve; Compressor, Common Receiver (3); Concrete Breaker. or Hydro Hammer; Concrete Grinding Machine; Concrete Mixer or Paver 7S Series to and includi^:g 27 cu. ft.; Concrete Spreader; Concrete Curing Machine, Burlap Machine, Belting Machine and Sealing Machine; Concrete Wheel Saw; Conveyor N.uck Cars (Haglund or Similar Type); Drills, All; Finishing Machine - http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Prevailing Wage for April 2008 Concrete;.Greaser Engineer; Highlift Shovels or wont Endloader; Hoist - Sewer Dragging Machine; Hydrau L c Boom Trucks (All Attac'rments); Hydro-Blaster; All Locomotives, Dinky; Pump Cretes; Squeeze Cretes-Screw Type Pumps, Gypsum Balker and Pump; Roller, Asphalt; Rotary Snow Plows; Rototiller, Seaman, etc., self-propelled; Scoops - Tractor Drawn; Self-Propelled Compactor; Spreader - Chip - Stone, etc.; Scraper; Scraper - Prime Mover in Tandem (Regardless of Size); Tank Car Heater; Tractors, Push, Pulling Sheeps Foot, Disc, Compactor, etc.; T~ng Boats. Class 3. Boilers; Brooms, Ali Power Propelled; Cement Supply Tender; Compressor, Common Receiver (2); Concrete Mixer (Two Bag and Over); Conveyor, Portable; Farm-Type Tractors Used for Mowing, Seeding, etc.; Fireman on Boilers; Forklift Trucks; Grouting Machine; Hoists, Automatic; Hoists, All Elevators; Hoists, Tugger Single Drum; Jeep Diggers; Pipe Jacking Machines; Post-Hole Digger; Power. Saw, Concrete Power Driven; Pug Mills; Rollers, other than asphalt; Seed aad Straw Blower; Steam Generators; Stump Machine; Winch Trucks with "A" Frame; Work Boats; Tamper - Form-Motor Driver.. Class 4. Air Compressor; Combination - Sma11 Equipment Operator; Directional Boring Machine; Generators; Heaters, Mechanical; Y:ydraulic Power Unit (Pile Driving, Extracting, or Drilling); Y.ydro- Blaster; Light Plants, All (1 through 5); Pumps, over 3" (1 to3 not to exceed a total of 300 ft.); Pumas, Well Points; Tractaire; Welding Machines (2 through 5); Winches, 4 Small Electric Drill Winches. Class 5. Bobcats (all);Brick Forklifts, Oilers. TRAFFIC SAFETY Work associated with barricades, horses and drums used to reduce lane usage on highway work, the installation and removal of temporary lane markings, and the installation and removal of temporary road signs. TRUCK DRIVER - BUILDING, HEAVY AND idIGHWAY CONSTRUCTION - EAST & W'E ST Class 1. Two or three Axle Trucks. A-frame Truck when used for transportation purposes; Air Compressors and Welding Machines, including those pulled by cars, pick-up trucks and tractors; Ambulances; Batch Gate Lockers; Batch Hopperman; Car and Truck Washers; Carry-a11s; Fork Lifts and Holsters; Helpers; Mechanics Helpers and Greasers; Oil Distributors 2-man operation; Pavement Breakers; Pole Trailer, up to 40 feet; Power Mower Tractors; Self-propelled Chip Spreader; Skipman; Slurry Trucks, 2-man operation; Slurry Truck Conveyor Operation, 2 or 3 man; TEamsters Unskilled dumpman; and Truck Drivers hauling warning lights, barricades, and portable toilets on the job site. Class 2. Four axle trucks; Dump Crets and Adgetors under 7 yards; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnapulls or Turnatrailers when pulling other than self-loading equipment or similar equipment under 16 cubic yards; Mixer Trucks under 7 yards; Ready-mix Plant Hopper Operator, and Winch Trucks, 2 Axles. Class 3. Five axle trucks; Dump Crets and Adgetors 7 yards and over; Dumpsters, Track Trucks, Euclids, Hug Bottom Dump Turnatrailers or Page 6 of 7 http://www.state.il.us/agency/idol/rates/EVENMO/COOK9999.htm 5/8/2008 Cook County Yrevallmg Wage Yor ~pnl LUU2S turnapulls when pulling other than self-loading equipment or similar equipment over 16 cubic yards; Explosives anal/or Fission Material Trucks; i~iixer Trucks 7 yards or over; Mobile Cranes while in transi`, Oii Distributors, '_-man operation; Pole Trailer, over 40 feet; Pole and Expandable Trailers hauling material over 50 feet long; Slurry trucks, 1-man operation; Winch trucks, 3 axles or more; Mechanic--Truck Welder and Truck Painter. Class 4. Six ax_~e trucks; Dua].-purpose vehicles, such as mounted crane trucks with hoist and accessories; Foreman; iyaster Mechanic; Self-loading equipment like P.S. and trucks with scoops on the front. Other Classifications of Work: For definitions of classifications not otherwise set out, the Department generally has on f.ilesuch definit:~.ons which are available. If a task to be performed is not subject to one of the classifications of pay set out, the Department will upon being contacted state which neighboring county has such a classifica*_ion ano provide such rate, such rate being deemed to exist by reference i.n this document. If no neighboring county rate applies to the task, the Department shall undertake a special determination, such special determination being then deemed to have existed under this determination. If a project requires these, or any classification not listed, please contact IDOL at 618/993-7271 for wage rates or clarifications. LANDSCAPING bandscaning work falls under the existingclassifications for laborer, operating engineer and truck driver. The work performed by landscape plantsman and landscape laborer is covered by the existing classification of laborer. The work performed by landscape operators (regardless of equipment used or its size) is covered by the classifications of operating engineer. The work performed by landscape truck drivers (regardless cf. size of truck driven) is covered by the classifications of truck driver. ra~c i ui i http://wwwstate.il.us/agencylidoUratesBVENMO/C00K9999.htm 5/8/2008