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HomeMy WebLinkAbout2008-06-23 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JUNE 23, 2008 Meeting 7:30 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes - Regular Meeting, June 9, 2008 5. Public Hearings 6. Special Reports a. Swearing in Ceremony for Fire Lieutenant Robert Hohs to District Chief by Fire and Police Commission Chairperson Michael Simkins b. Swearing in Ceremony for Firefighter/Paramedic Scott Exo to Fire Lieutenant b~ Fire and Police Commission Chairperson Michael Simkins 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 9. Clerk's Report -Condominium Association, Advisory Commission on Aging 10. Staff Reports a. Village Administrator 1) Reminder announcement of the 200'7 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 10. Staff Reports (continued) a. Village Administrator (continued) 2) Reminder announcement of the Lehigh/Ferris and Waukegan Road Tax Increment Financing Districts Aimual 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 Municipal Center 3) Announcement of the Dempster Street Improvement Project meeting which will be held at 7:00 pm on July 10, 2008, in the Civic Center. b. Corporation Counsel ll. Reports by Trustees a. .Trustee Brunner -Legal, Family 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 on Aging ('t'rustee Minx) c. Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Conxmittee, Chamber of Commerce (Trustee Thill) d. Trustee Minx -Finance Deparbnent, Real Estate Committee, Plan Commission, t%errislLehigh TIF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire Conmzission, Economic Development, Northwest Municipal Conference ('t'rustee Staackmann) e. Trustee Staackmann -Building Department, Appearance Commission, ESDA, IT/Comrnunieations, Dempster Street Corridor Plan (Trustee Br°unner) E Trustee Thill -Public Works, Capital P~°ojects, Traffic. Safety Commission, Natu~°al Resource Commission, Solid Waste Agency of Northern Cook County (Trustee Mm~cus) 1) Resolution 08-37 (Introduced June 23, 2008) Authorization for the Purchase of Gasoline and Diesel Fuels 2) Resolution OS-38 (Introduced June 23, 2008) Authorization for the Purchase of a 2009 International 7400 Six Wheeled Dump Truck 3) Resolution 08-39 (Introduced June 23, 2008) Authorizing the Execution of an Agreement with AT&T for Payment of Landscape Credit 11. Reports by Trustees (continued) £ Trustee Thitl (continued) 4) Ordinance 08-24 (Introduced Jutae 23, 2008) Authorization to Install Parking Restrictions on Morton Avenue between Lincoln Avenue and Elm Street within the Village of Morton Grove 5) Resolution 08-40 (Introduced June 23, 2008) Authorizing the Execution of a Contract with A. Lamp Concrete Contractors, Inc. for the 2008 Street Improvement Program 6) Resolution 08-41 (Introduced June 23, 2008) Authorizing the Execution of a Contract with Sebastian Contracting Corporation for the Beckwith Road Over the North Branch of the Chicago River Bridge Repairs 12. Other Business 13. Presentation of Warrants - $516,002.03 14. Resident's Comments 15: Executive Session -Personnel, Labor Negotiations, and Real Estate I6. Adjourriment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andlor participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470-5220) promptly to allow the pillage 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. III. APPROVAL OF MINUTES Regarding the Minutes of the May 12, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx then moved, seconded by Ttustee Thill, to approve the May 12, 2008 Regular Meeting Minutes as submit- ted. Motion passed unanimously via voice vote. IV. PUBLIC HEARINGS NONE V. SPECIAL REPORTS a. Swearing In Ceremony for New Police Sergeant Daniel Steuber Fire and Police Commission Chairman Mike Simkins, assisted by Police Chief Paul Tasch and Trustee liaison Marcus, performed the swearing in of Daniel Steuber to the rank of Police Sergeant. Mr. Simkinsprovided some background on Sergeant Steuber: He was born in Minnesota and raised in Louisiana and Texas. After graduating high school, he entered the Marine Corps Reserves and attained the rank of sergeant in five years. He was deployed to Iraq in the Desert Storm operation and was a section leader in his regiment. Sgt. Steuber and his wife moved to Chicago in 1993 and in 1995, he joined the Morton Grove Police Depart- ment. He served as an Evidence Technician, Field Training Officer, Radio Relief Officer, and Range Instructor. In 2003; he became a Special Operations Officer in the Investigations Bureau and performed the duties of Youth Officer and Crime Prevention Officer. He also became a member of NORTAF, a unit comprised of 13 northern Chicago suburban police departments that target known burglars. In 2005, he became a detective. Sgt. Steuber has received the Cook County Sheriff's Award of Merit and numerous other commendations. The Board congratulated Sgt. Steuber as his wife pinned on his badge. ,,: V. b. c. SPECIAL REPORTS (continued) Avenue. Chairman Farkas presented this case. He said that the proposed installation would be joining four other carriers on the water tower. Staff had a concern regarding a readjustment of the landscaping and the anchoring of the platfarm, but both concerns were addressed in proposed staff conditions. Several concerned parties spoke at the hearing; one person was concerned about the electromagnetic field created by so many antennas; one was concerned about removal of the antennas if they are no longer in use; and one person was concerned about the potential health hazards of the antennas. All concerns were addressed at the hearing. Another concerned party said he was researching whether the frequencies might have an adverse effect on the Village's water supply within the tank by reason of ionization. One of the. Commissioners said that frequencies are non-ionizing plus the metal of the tank shields the water from the antennas, which are directed outward. The resident was advised to bring his research to the attention of the FGG if it revealed any adverse environmental effects. The Commissioners voted unanimously to recommend approval of this Special Use Permit request. Mayor Krier said that he had had a conversation with Chairman Farkas about the Board method of accepting the Plan Commission's report, which is currently done by a motion, second, and roll call vote. This has often been found to be confusing to residents, who some- times have the impression that the Board is voting on the actual request, rather than voting to accept the Plan Commission's report. Corporation Counsel Liston researched this and found there was no official reason to have a roll call vote in order to accept the Plan Commission's report. Therefore, the Board will no longer do that. Chief Tasch said that the Village's Fourth of July festivities would be taking place from July 2 through July 5, 2008. The parade will be at 2:30 p.m. on July 4'h and the fireworks will be held at 9:45 p.m. The Village of Skokie holds their fireworks at Niles West High School a little ear- lier. It is estimated that between 8,000 and 10,000 people will attend Skokie's and Morton Grove's fireworks. Morton Grove's streets aren't designed for that kind of traffic congestion. It can hamper public safety response times. Last year, the Village implemented a Traffic & Park- ing Safety Plan in the Niles West neighborhood by establishing "no parking" on the hydrant side of all east-west streets and on the east side of all north-south streets in the area between Oakton and Monroe and Major to Austin. The "no parking" zones were in effect from noon until midnight on July 4'h. Signs were posted the day before and all impacted residents in the area were sent a letter in advance explaining the restrictions and the reason for them. The plan was a great success-the streets were clear, for the most part, and only 10 cars had to be towed. This year, the plan will be expanded slightly in the Niles West area and will be implemented for the first time in the Harrer Park area. Chief Tasch worked with Chief Friel to determine the area around Harrer Park that would have parking restrictions. In the Niles West area, there will be no parking on the hydrant side of the east-west streets and the east side of the north- south streets in the same areas as last year, and additionally, from Mulford to Keeney and from Linder to Parkside. Minutes Of June 9, 2008 Board Meeting V. SPECIAL REPORTS (continued) In the Harrer Park area, there will be no parking on the hydrant side of the east-west streets and on the east side of the north-south streets in the area of Lincoln Avenue to Dempster and Austin Avenue to the railroad tracks; from Dempster to Davis Street and from Mansfield to Moody. Parking on both sides of the street will be allowed the entire length of Austin Avenue, and Meade and Moody from Dempster to Davis. It will also be allowed on Georgians Avenue from Lincoln to Capulina and on Ferris Avenue from Lincoln to Dempster. Letters will be mailed out to impacted residents within both the Harrer Park and the Niles West neighborhoods, including residents within afifty-foot "buffer" zone of each neighborhood. Signage will be put up on July 3rd. Trustee Marcus asked whether violators would be towed, and if so, who would residents call to retrieve their vehicle: Chief Tasch said that violators would be towed and they should call the police department's non-emergency number. Lin-Mar Motors will. be doing the towing. Violators will be ticketed and towed and they'll have to pay the towing/storage fees in addition to the ticket. Mayor Krier commented that residents seemed to like having the Traffic & Safety Plan in place last yeas VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Nancy Canning. Ms. Canning said that there was an incident on her street last year on the 4'h of July and the police responded immediately with four squad cars. b. Steve Kropp. Mr. Kropp spoke regarding Ordinance 08-18 (Revoking the Special Use Amendment for the Property Located at 6415 and 6421 Dempster and 8717 Lincoln). He said that he is a managing member of The Preserves. He admitted that they were having problems getting their financing in order. The Special Use Amendment expired and they thought they could just renew it. He said the financing is now "imminent" and pointed out that, if this project doesn't go forward, it would easily be another 18 months before a project began in its place. Mr. Kropp said he hoped to have a letter of intent regarding the financing of this project in the next couple of weeks. He was asking the Board to allow The Preserves to continue. He said he wasn't asking fora "bail-out", but needed more time. Mayor Krier commented that Mr. Kropp has been very open (as the Board has been) and very cooperative regarding this project. c. Eric Poders. Mr. Poders said he had concerns about The Preserves project and felt the Board should Zook at all the variables in the local and national economy. He said this project has been in limbo for 2.5 years. He recommended against granting another extension and said the project in its present state is an eyesore. He said that, if and when they get financing, they should go through the (Special Use) process again. There clearly is no secure financing right now. d. Bill Simkins. Mr. Simkins urged the Board to grant The Preserves an extension, rather than letting it go back to "square one". He said by granting an extension, there might be some movement on it. He asked the Board to please consider an extension. ,,: VI. RESIDENTS' COMMENTS (Agenda Items Only) (continued) e. Dale Senensky. Mr. Senesky said he appreciated Mr. Kropp and this venture, and urged the Board to give him more time. He did not. feel itwas an unreasonable request. VII. Appointments PRESIDENT'S REPORT Mayor Krier asked for concurrence with the reappointment of Margaret LeHew to the Natural Resources Commission. Trustee Minx moved to concur with this reappointment, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus Tr. Minx ~e Tr. Staackmann aye Tr. Thill aye 2. Mayor Krier noted that the General Assembly had adjourned and that the Public Safety Pension Reform bill (HB 5088 ! SB 2090) had passed, although it had not gone to the governor yet for signature: He said this was a big step in solving the public pension crisis. Mayor Krier said the bill does not take anything away from current pension recipients. The biggest accomplishment is that now there will have to be a study done by 25 communities on how any pension changes would impact them financially before any pension legislation is enacted Legislators are often told that pension changes are revenue-neutral when, in fact, to municipalities, it's not. He pointed out that, in 1999, 3.9% of the Village's property tax revenue when to public safety pensions; in 2007, that number increased to 33.8%. Mayor Krier credited the work done by local mayors, the Northwest Municipal Conference, and the Illinois Municipal League, all working together to get this legislation passed. He also acknowledged Senators Silverstein and Schoenberg as co-sponsors of the bill. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report but noted that there is a major dearth of election judges for the upcoming November election. She asked that any residents interested in becoming an election judge call her for more information either at her Niles Township office or at the Village. Judges receive $150 for the day, but it's quite a long day! IX. STAFF REPORTS A. Village Administrator Mc Wade announced that the 2007 Comprehensive Annual Financial Report would be pre- sented on June 25, 2008 at 7:00 p.m. and a Financial Policies Workshop would take place immediately thereafter. Both are open to the public and will be held in the Trustees' Confer- ence Room at Village Hall. 2. Mr. Wade announced that the Lehigh-Ferris and Waukegan Road TIF Districts' Annual Reports to Governmental Jurisdictions would be held at 10:00 a. m. on June 26"' in the Trustees Conference Room at Village Halt. .,: IX. STAFF REPORTS (continued) A. Village Administrator (continued) Mr. Wade noted that all of the July 41h festivities, as well as the parking restrictions outlined by Chief Tasch earlier this evening, would be detailed in the next issue of the Village newsletter. Trustee Kogstad asked Mr. Wade if the date of the Financial Report and the workshop could be changed. He felt that June 25th was too soon for the Board to review all the information, since they had just received a draft copy of the audit this. evening. Trustee Kogstad was also concerned that the Warrants for this evening included a payment to the auditors, even though the Board had not yet received the final audit. He said he had called the auditing firm to get information on the status of the audit and to get some preliminary numbers, and had been told that the Village's administration would not allow them to give any information to any individual trustees. The auditors also mentioned that they still were waiting for some answers from Village staff, so the numbers in the draft audit may or may not be correct. Trustee Kogstad said it was very disappointing that he was unable to get this information, especially since he is the only trustee who understands the Village's finances. He felt that this was yet another situa- tion where the trustees are not being provided the information they need as elected officials to make proper decisions, and cited the Goyal matter and the Bowman property as two other examples of the trustees not being provided the complete picture. Mayor Krier said that Trustee Kogstad was mis-characterizing the situation and making a lot of assumptions. He did not feel it was appropriate for seven trustees to be calling the auditors- that's why the Village has a Finance Director and a Village Administrator. He felt that there's been abuse of that in the past. Mayor Krier said that tonight is the first chance all of the trus- tees are getting to review the draft of the audit. He pointed out that it's a working document, although pretty close to being final. He pointed out that a special report is done for Trustee Kogstad that isn't done for anyone else. He said, "This is just how it works." Mayor Krier commented that Trustee Kogstad was absent for a year and now thinks "there's a conspiracy behind every door." Trustee Kogstad said that he's the only trustee who calls the auditor-the auditor's time is not taken up with seven trustees calling him. He said thatthe auditor knows him and asked, "If the staff and the "administration" can have the information; why can't the trustees-or some of them?" Trustee Kogstad pointed out that the auditor works for the Corporate Authorities- that is, the mayor and the elected officials-not the staff. As to the "special report" Mayor Krier referred to, Trustee Kogstad said that the Board members used to receive a monthly Treasurer's Report, a summary of the Village's financial status, prepared by former Finance Director Scott Newkirk, but they have not been receiving that for the past several years. What's taken its place is a 100-page "general ledger dump" which no one can understand. Trustee Kogstad said he's been asking for a return to a monthly summary similar to what the Board received in the past. It's not a "special report" only for him. It's a report that all trustees used to receive until it was inexplicably ended. Trustee Brunner and Trustee Minx pointed out that, if the auditor would have accommodated Trustee Kogstad, then he would have had advance information and more time to peruse it- which none of the other trustees would have had. That would not have been fair. She also said that the Treasurer's Report that Trustee Kogstad was referring to was a confusing document. Trustee Minx said that she was told that the way the Treasurer's Report had been done-was that Scott Neukirk would take numbers generated from the financial software and plug them into a special report template to create the document. The information the trustees receive now is an actual "dump" from the software, so there's no chance of transposing any figures or putting numbers into an incorrect field. ~~: IX. STAFF REPORTS (continued) A. Villaoe Administrator (continued) Trustee Minx felt that Finance Director Partipilq had tried to give Trustee Kogstad the type of report the Board was used to, but it was too easy to make errors that way. She also thought the reason that staff had access to the preliminary audit report before the trustees did was so that they could check all the numbers first because they're the ones who work with the numbers on a daily basis. Trustee Thill asked Administrator Wade if the figures on the preliminary audit report were going to change. Mayor Krier said that the preliminary audit states that the numbers are preliminary and tentative, and for discussion purposes only. He said that the preliminary audit has already gone back and forth between the auditor and the staff, so these numbers are probably close. Trustee Thill noted that it's a 113-page document. Trustee Marcus said his impression was that Trustee Kogstad did not feel there was an adequate amount of time to review this document prior to a June 25`" meeting. He wondered if that was the case, and if the rest of the Board agreed. Mayor Krier stated that it's quite difficult to get everyone together, so he just picked a date to go with and hoped ever~one could make it. This date is actually changed; it was origirially scheduled for June 2" . Trustee Kogstad noted that there was no report available-draft or otherwise-on June 2"a He said that, if this document is "preliminary and tentative," how can the Board have a discus- sion? He suggested the Board wait for the final audit report, pay the auditor once the final report has been received, review the document over the course of two or three weeks, and then meet with the auditor and gd through the report. Mayor Krier said that the meeting on June 25 was not just to review the draft audit; it was also to discuss the different accrual methods. He said that it's not part of the contract with the auditors to have them meet with the Board. He said that if Trustee Kogstad would have called him, he would have been happy to work out a different date. Trustee Brunner asked Mr. Wade or Ms. Partipilo if they knew if the numbers were going to change. Ms. Partipilo said that after staffs last look at the numbers this past Friday, the numbers shouldn't change. All that's missing is the management discussion analysis and the transmittal letter. All typos have been corrected and all the numbers foot. Mayor Krier asked about the request for payment on tonight's Warrants. Ms. Partipilo clarified that it's a "progress billing", not a final payment. Trustee Minx asked, for the purposes of the Board's discussion, if any of the numbers did change, would it negate or change any of the discussion. Ms. Partipilo said it shouldn't. The Board is going to be looking at fund balances and the new way of reflecting the Waukegan Road TIF's payback to the General Fund. Trustee Marcus asked if the auditors would be available at the workshop scheduled for June 25. Ms. Partipilo said they would. Trustee Staackmann asked when the final audit would be ready. Ms. Partipilo said the analy- sis has been prepared but staff is reviewing it and the auditor needs to review it once more. It should be ready (although not bound) within a few days. ,,: IX. STAFF REPORTS (continued) A. Village Administrator (continued) Mayor Krier said the numbers are basically 99% correct; it's the summary that still needs to be reviewed. Ms. Partipilo said the final copy could even be included in next Friday's Board packet. Trustee Staackmann asked what the total for the audit is, considering tonight's payment is $20,000. Mayor Krier said the contract is for approximately $26,000. Trustee Kogstad said it's for $32,000 because there's a separate charge for the library and for the TIF. Mayor Krier asked if there was any further discussion on the meeting date. Trustee Minx said June 25 was fine for her. Trustee Staackmann said it would be fine if the Board received the final audit in its packet on Friday, but if it wasn't available until later than that, maybe the date should be postponed. Mayor Krier said, "Call me." B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: TRUSTEES'REPORTS Trustee Brunner had no formal report but wanted to read an important announcement from the Village Sanitarian, Bonnie Burnett. The Food & Drug Administration (FDA) is requesting that consumers refrain from purchasing or eating raw red plum tomatoes or raw red roma toma- toes as they have been involved in reports of salmonella poisoning. Cherry or grape tomatoes and vine-ripened tomatoes are not included in this warning-they are okay to eat. More infor- mation can be found on the FDA's website or the Center for Disease Control (CDC)'s website. Trustee Brunner also thanked Jackie Walker O'Keefe once again for all her efforts in helping the Village obtain its newest para-transit vehicle-a 22-passenger bus with a wheelchair lift. This is an $81,000 vehicle which was paid for with State and Federal funds; the Village did not have to pay anything! As of June 4, the Village has submitted an application for another similar vehicle. Trustee Brunner said the Village is grateful to Ms. Walker-O'Keefe for all her hard work. 3. Trustee Brunner noted thatthe Solid Waste Agency of Northern Cook County will be receiving the "Outstanding Government Recycling Program" award on June 11, 2008. Trustee Kogstad: Trustee Kogstad had no report. ,.: X. TRUSTEES' REPORTS (continued) C. Trustee Marcus: Trustee Marcus congratulated newly-promoted Police Sergeant Dan Steuber once again and complimented the Fire and Police Commission and its chairman, Mike Simkins, on the excellent job they do. He said the Village can be proud of this Commission's efforts. D. Trustee Minx: Trustee Minx presented Ordinance 08-18, An Ordinance Revoking the Special Use Amendment for the Property located at 6415 Dempster, 6421457 Dempster, and 8717 Lincoln Avenue, and to Rescind an Extension of Time to Commence and Proceed with Construction of a Planned Unit Development. This is the second reading of this ordinance. Trustee Minx 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. Trustee Minx moved to approve Ordinance 08-18, seconded by Trustee Brunner. Trustee Marcus said he has mixed emotions about this ordinance because Steve Kropp has proven to be a good friend to the Morton Grove community over the years. Mr. Kropp is very civic-minded, which is greatly appreciated. Trustee Marcus said he would be open to considering an extension except that it did not seem to jibe with his fiduciary duties as an elected official. He pointed out that the property in question has gone through much turmoil. The Village has been asked for a finite date, and in fact, heard early this evening that there could be a "letter of intent" within the next two weeks. He wondered if that meant a solidification of the funding to pursue the project. His concern was that the Board has the responsibility to come to a decision. If Mr. Kropp and his partners cannot get the financing, the Board would be doing a disservice to the residents by not going forward with this revocation. Trustee Marcus noted that there has been "plenty of time" to resolve this matter, and asked Mr. Kropp if his group could come up with a specific "drop dead" date. Trustee Minx said that she, too, has been pondering this, realizing the group has had many setbacks, but feeling that the Village needs to be consistent with how it manages its laws and ordinances. If this same situation has happened with another developer and the Board had revoked its Special Use, then it needs to do the same thing in this case. She felt the Board should go forward with the Special Use revocation, but should also be willing to call a Special Meeting to grant a Special Use if Mc Kropp's group can show proof of financing in the near future. She did not want the project floundering, but felt the Village needed to be fair and equitable. Trustee Brunner said she agreed with Trustee Marcus and said she felt for Mr. Kropp's group's predicament. She said that, if there was a firm commitment that the financing would be in place, they probably wouldn't be having this discussion, but, in fact, the financing is still "up in the air". Trustee Brunner noted that the group has basically had an extra year to get this together because of the group's reorganization and the Village's grant of an extension. Trustee Brunner said the Board has to be careful not to set a precedent with "considerations". ,,: X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Staackmann said he could remember that property back when it was Li'I Abners and Parfais. He agreed that it was very important that the Village maintain the integrity of its ordinances. He said it sounded like the Board was willing to do whatever it could, however. He told Mr. Kropp, "If you get the financing, we're here for you." He said it was in the Village's best interest to work with Mr. Kropp's group as best it could while maintaining the integrity of its ordinances. Trustee Thill said he would like to see the Village consider giving Mr. Kropp some sort of letter of intent, basically stating what Trustee Staackmann said, He felt it would be an honorable thing for the Board to do. Trustee Marcus said that what he was hearing was that the Board wanted to maintain the integrity of its ordinances and not grant any special consideration. So the action would be to vote for revocation, while acknowledging that, if the developer comes back to the Board within a specified time with proof of financing, the Board is willing to call a Special Meeting, if necessary, to discuss and grant a Special Use. Mayor Krier agreed. He told Mr. Kropp the Board was passionate about maintaining its laws, but everyone's heart was with him: He did not think the Board should provide a letter of intent, but felt the Village had bent over backwards to help Mr. Kropp and now had to act. If Mr. Kropp comes back within a few days, weeks, or even a month, and has the financing, the Board will figure out the fastest way to reinstate the Special Use. Trustee Staackmann said the Board would make sure Mr. Kropp received a copy of the Minutes of tonight's meeting reflecting everyone's comments. Mayor Krier said Mr. Kropp could also have a copy of the DVD of tonight's meeting. Trustee Kogstad asked Corporation Counsel Liston if there was any way the Board could codify its intent. She said that, if the Board sees fit to revoke the Special Use, there is a statutory process that must be followed to issue a new Special Use. There are ways the Board can expedite the matter, but the Plan Commission would have to be involved: She didn't think anyone on the Board wanted to usurp the actions and authority of the Plan Commission. Trustee Thill asked Mr. Kropp if he had any idea about the timing of obtaining financing. He did not. Mayor Krier suggested the Board leave it open-ended. and reiterated that the Board would do whatever it took to help Mr. Kropp, within the law. Mayor Krier called for the vote on Ordinance 08-18. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad aye Tr. Marcus a~ Tr. Minx aye Tr. Staackmann aye Tr. Thill 2• Trustee Minx next presented 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. This is the second reading of this ordinance. ,.: X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Minx explained that, in 2007, Village staff began to review the Village's fines and penalties in an effort to determine if they were consistent with State statute and other munici- palities' 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, 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 Minx moved, seconded by Trustee Thill, to approve Ordinance 08-22. Trustee Brunner thanked Corporation Counsel for making the corrections she had suggested in the previous meeting. Mayor Krier thanked Administrative Intern Peter Falcone for all the work and research. he put into this ordinance. He then called for the vote on this ordinance. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus ave Tr. Minx aye Tr. Staackmann aye Tr. Thill ave 3• Trustee Minx introduced for a first reading Ordinance 08-23, An Ordinance Granting a Special Use Permit in the Village of Marton Grove for Property Located at 8820 National Avenue for a Commercial Wireless Antenna Installation. She explained that this ordinance was pursuant to the Plan Commission report read out earlier this evening. The applicant has formally requested that the second reading be waived. Trustee Minx moved to waive the second reading, seconded by Trustee Thill. Trustee Brunner pointed out that the address in the ordinance's title read "8220 National" instead of "8820 National" and asked that it be corrected. Trustee Marcus asked what impact it would have on the project if the Board did not waive the second reading. Dennis Schumerhorri of Black and Veatch, representing the applicant (Cricket Communications), said that Cricket was planning to introduce service in early December. He said that even two weeks makes a difference in the construction schedule. Mr. Schumerhorn said that, while a delay wouldn't be fatal, the applicant hoped that having gone thru several public hearings in the course of the Procedural Control process would make the Board consider its request to waive the second reading favorably. Mayor Krier called for the vote on the motion to waive the second reading. Motion passed: 4 ayes, 2 nays. Tr. Brunner awe Tr. Kogstad ~ Tr. Marcus nav Tr. Minx aye Tr. Staackmann ~ Tr. Thill ave 10 ,,: X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) Trustee Minx then moved to approve Ordinance 08-23 as corrected, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad ~ Tr. Marcus Tr. Minx afire Tr. Staackmann aye Tr. Thill aye 4. Trustee Minx brought forward 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. She explained that this will allow the Village greater flexibility in its pursuit for Community Development Block Grant (CDBG) funding. The State of Illinois provides grant funding for community development programs and the Village may apply for funding only if it affirmatively excludes itself from the Gook County Urban County Program. Village staff has recommended that the Village formally exclude itself so it may independently pursue block grant funding from the State. Trustee Minx moved, seconded by Trustee Brunner, to approve Resolution 08-36. Trustee Thill asked Mr. Wade if staff really believed the Village would receive grant funds from the State. Mr. Wade said yes, staff believed it and wanted to give it a shot. He noted that the Village can always go back to Cook County at a later time. He added that it's been a while since the Village received any Cook County block grant funding. Trustee Marcus asked how long the Village had been involved with the Cook County block grant program. Mr. Wade said it's been many years, but this is a new opportunity. Trustee Marcus said, considering the State's finances and the County's finances, that the Village would have to have really good luck to actually get any funding. Mayor Krier called for the vote on Resolution 08-36. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad a~ Tr: Marcus afire Tr. Minx ~ Tr. Staackmann ~ Tr. Thill aye 5. Trustee Minx congratulated the Northeastern Illinois Public Safety Training Academy (NIPSTA) on its excellent and successful Public Awareness held this past Sunday. It was very well attended, despite the weather, and everyone there seemed to be enjoying themselves. She aslo thanked the Morton Grove employees who worked the event, and said she hoped that NIPSTA would do this again next year. E. Trustee Staackmann: Trustee Staackmann presented 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, This is the second reading of this ordinance. tt ,.: TRUSTEES' REPORTS (continued) Trustee Staackmann: (continued) Trustee Staackmann explained that these miscellaneous text amendments will correct and clarify certain provisions, and keep other sections current with State law. He moved to adopt Ordinance 08-19, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus Tr. Minx aye Tr. Staackmann ~ Tr. Thill aye F. Trustee Thill Trustee Thill presented 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. This is the second reading of this ordinance. Trustee Thill explained that the Illinois Prevailing Wage Act requires contractors and sub- contractors 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. He moved, seconded by Trustee Minx, to adopt Ordinance 08-21. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~? Tr. Kogstad aY? Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill XL OTHER BUSINESS NONE XII. WARRANTS Trustee Minx presented two Warrant Registers: for May 27, 2008, the Warrants totaled $497,097.18; and for June 9, 2008, they totaled $928,577.37, for a grand total of $1,425,674:55. She moved to approve the Warrants as presented, seconded by Trustee Marcus. Trustee Thill noted that, in the June 9`" Warrants, there's an item for $263 for aboard-upon Warren and another item of $1,750 to Rich the Handyman at 9116 Marmora. He asked for an explanation of those items. Corporation Counsel said that police officers had to break in to the house on Warren to respond to a call. The board-up company needed to be paid and the estate hasn't paid yet so the estate will reimburse the Village: Regarding the house on Marmora, the house hasn't been kept up and the Village's Adjudication Officer had issued an order directing the Village to make the necessary repairs to the house, so the Village will now have a lien against that property. 12 ,,: XII. WARRANTS (continued) Trustee Brunner said she had emailed Finance Director Partipilo a question about an expense check for one of the trustees that was listed in the May 27th Warrants and everyone had re- ceived their expense checks around May 12`". Ms. Partipilo had explained that the expense check in the May 27`" Warrant Register was a replacement check, and Trustee Brunner had asked that it be so designated in the Warrant Register. Trustee Kogstad noted that the second check had been returned to the Village Administrator. He also had a question about the "Rich the Handyman" line item. Corporation Counsel said there's already a $75,000 judgment in the Village's favor against this property. Since the Village is paying this bill, in the June adjudication session, she expected that there would be an additional favorable judgmentfor the Village to recover the cost of the handyman service. Mayor Krier said that this is bedoming more prevalent because of the economic downturn and the higher number of houses in foreclosure. The Village is trying to get court approval to maintain some of these properties so the neighborhoods stay looking good. Trustee Kogstad also wondered why the $20,000 payment to the auditor was coming out of the Water Fund, rather than the General Fund. Ms. Partipilo said that only a portion should be charged to the Water Fund, it's usually an 80/20 split. She said that correction would be made.. Trustee Kogstad said the budgeted amount for the audit was $36,000 total-$28,000 from the General Fund and $8,000 from the Water Fund. He said that; in the material the trustees had received tonight, the amount was $32,200. Ms. Partipilo said that the Budget had been prepared prior to the Village's awarding the contract to Sikich (the auditing firm). Trustee Kogstad also asked about a $50,000 payment to Energy Savings in the May 27`h Warrants for electric services. He wondered about that. Director of Public Works Andy DeMonte said that, since the deregulation, the Village no longer receives electricity from Commonwealth Edison at its pump houses; instead, a private company goes out on the market and sells the Village electric power. Trustee Kogstad asked if the $50,000 was for one month. Ms. Partipilo said that it's for the period 11!2007 thru 4/10/2008. The billing was in arrears due to a corporate name change or a buy-out. Trustee Kogstad also asked, regarding the June 9`" Warrants, about a payment of $214,666 to the Bank of New York for payment of interest on bonds. She said this was for the 2007 Lehigh-Ferris TIF bonds. The payment was for the period from 11/01/07 thru 6/01/07. Mayor Krier called for the vote on the Warrants, as amended to reflect the 80/20 split in the auditor's payment. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus aye. Tr. Minx a~~e Tr. Staackmann aye Tr. Thill aye XIII. RESIDENTS' COMMENTS NONE XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn to Executive Session to discuss personnel, labor negotiations, and real estate. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye 13 ,,: XIV. ADJOURNMENTIEXECUTIVE SESSION (continued) The Board adjourned to Executive Session at 9:21. p.m. Mayor Krier then called the Executive Session to order at 9:30 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present from Village staff were Corporation Counsel Liston, Village Administrator Wade, and Economic Development DirectocNeuendorf. There being no further business, Trustee Staackmann moved to adjourn the Executive Session. The motion was seconded by Trustee Minx and approved unanimously pursuant to a voice vote at 10:35 p.m. Trustee Minx then moved to adjourn the regular meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 10:36 p. m. PASSED this 23rd day of June, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 23rd day of June, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 24th day of June, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Tsresa Cousar t4 MORTON. GROVE FIRE DEPARTMENT 6250 LINCOLN AVENUE • MORTON GROVE, ILLINOIS 60053 647-470-5226 FAx 847-965-7771 WWW.MORTONGROV EIL.ORG May 28, 2008 Lt. Robert Hohs Morton Grove Fire Department 6250 Lincoln Ave. Morton Gmve, IL 60053 Dear Bob, This correspondence shaIl serve as notice of your appointment to the exempt rank. duty assignment of District Chief. This appointment has been made pursuant to Title 3, Chapter 2, Paragraph 1 of the ,Village of Morton Grove Municipal Code. This section provides for the appointment of District Chiefs by the Fire Chief, with concurrence of the Vfllage Administrator. Said concurrence was requested in writing,. and granted by Administrator Joe Wade on May 15, 2008. As you know, an evaluation process was previously conducted consisting of a management skill sets assessment and a structured oral interview. Based on the process and your dedicated service, it is our pleasure to inform you that you have been appointed to the position of District Chief, effective June 16, 2008. A formal swearing in ceremony will be held on June 23rd, at the ViIlage Board meeting, in the Council Chambers, at 7;30 p.m: Congratulations to you; we are confident in your capabilities and certain you will succeed in this challenging, responsible and rewarding position Sincer y, Thomas J. Fri Fire Chief cc: J. Wade Protection through Prevention and Preparedness Village of c~Vlorton Fire and Police Commission Direct Telephone 847/470-5226 Fax 847/965-7711 May 14, 2008 President and Board of Trustees Village of Morton. Grove 6101 Capulina Ave. Morton Grove, IL 60053 SUBJECT: Appointment to the Rank of Fire Lieutenant 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 former promotional register of eligibles for Lieutenant, dated 10-02-06, the following person who has previously been qualified and whose name appeared on the eligible promotional register is herewith appointed Lieutenant in the Fire Department of the Village of Morton Grove, Illinois, effective on the date following his name. SCOTT E. EXO Effective date of appointment -June 16, 2008. Swearing in ceremony to be held at the Village Board meeting of June 23, 2008, at 7:30 p.m. BY ORDER OF THE BOARD OF FIRE AND POLICE COMMISSIONERS VILLAGE OF MORTON GROVE, ILLINOIS ~~~ ~-, MICHAEL SIMKINS, Chairman Fire 8z Police Commission Copy to: S. Exo Chief Friel J. Wade Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053-2985 Tel: (847) 965-4100 Fax: (84'7) 965-4162 .~.... srf Ps-:a _LeLislative Summary Resolution 08-37 AUTHORIZATION FOR THE PURCHASE OF GASOLINE AND DIESEL FUELS Introduced• Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 23, 2008 This resolution will authorize the Public Works Department to purchase fuel from Texor Petroleum Company, Inc„ 3340 S. Harlem Ave. Riverside, IL 60546, as bid through the Suburban Purchasing Cooperative for the period of June 6, 2008 to June 5, 2009. This resolution is necessary in order to take advantage of the combined purchasing power of the 123 members of the Suburban Purchasing Cooperative for the purchase of gasoline and diesel fuels.. The Northwest Municipal Conference through its Suburban Purchasing Cooperative (SPC) routinely solicits bids for the purchase of fuel and other supplies. A bid opening was held on May 23, 2008, in the Conference's Office for the purchase of gasoline and diesel fuels with the low bidder being the Texor Petroleum Company. Public Works and Finance Departments Funds have been approved for the calendar year 2008 in the amount of $252,000. This money is accounted for in account numbers 405033-561110 and-025027-561110 General Fund and Enterprise fund. The implementation of the program is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. Passage of this resolution will commit the Village to the purchase of fuel from Texor Petroleum Company into June of 2009. The majority of the NWMC communities are on a fiscal year cycle running from Mayl to the end of April. Respectfidly submitted: ~~-A ~ (,~ fit/ Jose ~ F. ade, Village Administrator Prepared by: -: ~ °"~ Reviewed by: Ar~De Monte, Director of Public Works Daniela Partipilo, Finance Director/Treasurer Resolution 0~-37 AUTHORIZATION FOR THE PURCHASE OF GASOLINE AND DEISEL FUELS 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, Village departments routinely fuel Village owned vehicles at the refueling station located at the Public Works Facility, 7840 Nagle, Morton Grove, Illinois; and WHEREAS, in order to reduce. the cost of purchasing gasoline and diesel fuels, the Village participates in the Joint Purchasing Program offered by the Northwest Municipal Conference in which gasoline and diesel fuels are competitively bid for multiple communities; and WHEREAS, the Northwest Municipal Conference solicited bids with seven vendors receiving bid packets, holding a bid opening on May 23, 2008, at the NWMC offices located at 1616 East Golf Road, Des Plaines Illinois, with a total of two bids received, Gas Depot Company and Texor Petroleum Company; and WHEREAS, thelow bidder for the June 2008 Joint Purchasing Program for the purchase of gasoline and diesel fuels is the Texor Petroleum Company located at 3340 Harlem Avenue Riverside, Illinois with the NWMC staff performing reference checks which were found to be positive; and WHEREAS, the Village Board approved the 2008 budget on November 26, 2007, as Ordinance 07-32, which included account numbers 025027-561110 and 405033-561110 for the purchase of gasoline and diesel fuels for use in Village owned vehicles in the amount of $252,000 for the period covering January 1, 2008 to December 31, 2008. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OFTHE VILLAGE OF MORTON GROVE, COOK COUNTY ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings. as hereinabove set forth: SECTION 2: Only those vendors listed and described on the bid documents and contract for the purchase of gasoline and diesel fuels are approved in connection with this Resolution, and are eligible for payment utilizing General and Enterprise Funds. SECTION 3: The Director of Public Works is authorized to purchase gasoline and diesel fuels through Texor Petroleum Company for use in Village owned vehicles. SECTION 4: This Resolution shall be in full force and effect from and upon its passage and approval. PASSED THIS 23rd DAY OF JUNE 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmami Trustee Thill APPROVED BY ME THIS 23rd DAY OF JUNE 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24th day. of JUNE 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois LeLislative Summary Resolution 08-38 AUTHORIZATION FOR THE PURCHASE OF A 2009 INTERNATIONAL 7400 SIX WHEELED DUMP TRUCK Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 23, 2008 This resolution will authorize the Public Works Department to purchase a new vehicle for the Water/Sewer Department. To replace a 1981 vehicle that was at the end of its useful service life, deemed surplus and auctioned in March of this year. The Public Works Department routinely reviews vehicles and equipment for .safety, dependability, age, and excessive repair cost. Replacing or eliminating equipment that nc longer meets the department's needs. Public Works and Finance Departments. Funds in the 2008 adopted budget have been approved in the amount of $325,300 for replacement of vehicles and related equipment. The vehicle replaced at this time will be in the amount of $109,995.00. Enterprise Fund. The implementation of the program is done as part of the normal operations of the Public Works and Finance Departments. Approval as presented.. Not required. None Respectfully submitted: ~~+;// ~ /~'~ Jose~~ Village Administrator ./r Prepaxed by: _.1?.~' % ` Reviewed by: y De Monte, Director of Public Works Teresa Corporation Counsel Resolution 08-38 TO AUTHORIZE THE PURCHASE OF A 2009 INTERNATIONAL SIX WHEELED DUMP TRUCK MODEL 7400 THROUGH THE JOINT PURCHASING PROGRAM 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 State of Illinois through the Department of Central. Management Services conducted a bidding process, providing for the purchase of a new International, model 7400 six wheeled dump truck with the low bidder for said purchases being Prairie/Archway International Trucks, located at 401 South Dirksen Parkway, Springfield , IL 62703; and WHEREAS, the Village has previously utilized the State of Illinois and it's Joint Purchasing Program (nxn through the Department of Central Management Services) for the purchase of vehicles; and WHEREAS, the Village Board approved the 2008 Adopted Budget on November 26, 2007 as Ordinance 07-32, which included account numbers 025017-572010, and 405033-572330 in the amount of $325,300 that provides funding for vehicle and equipment replacement; and WHEREAS, the description and purchase price for this vehicle is as follows: 1- 2009 International 7400 six wheeled dump truck (including salter) Total: $109,995.00 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS A5 FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: That only those companies listed and described on this Resolution for the purchase of a 2009 International 7400 six wheeled dump truck be approved in this Resolution. SECTION 3: The Director of Public Works of the Village of Morton Grove is hereby authorized to execute the purchase of said vehicle for a total amount of $109,995.00 . SECTION 4: That this Resolution shall be in full force and effect from and upon its passage and approval. PASSED this 23`d of June 2008. Trustee Brmuler Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill .APPROVED by me this 23`d of June 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 24th day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Le>?islative Summary Resolution 08-39 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AT&T FOR PAYMENT OF LANDSCAPE CREDIT Introduced: June 23, 2008 Synopsis: This resolution will authorize an agreement with ATBtT for the installation and maintenance of landscaping on the Village's rights-of--way for thirty-two Video-Ready Access Devices (VRAD). Purpose: The Village will receive $1,500 for each VRAD installed in the public rights-of-way throughout the Village and the Village will asswne all responsibilities including costs, expenses, acid liabilities relating to the screening and landscaping of the to be installed VRADs from AT&T. Background: AT&T's Project Lightspeed will require the installation of 32 Video-Ready Access Devices (VRAD) throughout the Village. The Village is agreeable to accept the responsibility of the landscaping of these devices including costs, expenses, and liabilities relating to the screening of the VRADs. AT&T in turn will make payment to the Village in the amount of $1,500 for each VRAD installed in the Village's public rights-of--way. Programs, Departments Public. Works, Village Administrator and. Finance Department or Groups Affected Fiscal Impact: The projected revenue to be received by the Village is projected at $48,000 minus the cost for the installation and maintenance of landscaping to be installed. Source of Funds: N/A Workload Impact: The supervision and management of this agreement will be performed by the Public Works Department as part of their normal work activities. Administrator Approval as presented Recommendation: First Readang: Not required Special Considerations or None Requirements: Respectfully submitted: ~ ~ ~L1 1, / ,f- _ 7 eph ~' g e,VillageAdministrator Prepared by: ,`.J"'~ ' ' , Reviewed by: ~ l Teresa i-1 ffm ston, Corporation Counsel y~ i Gillinghan ,Villa e Engineer Resolution 08-39 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AT&T FOR PAYMENT OF LANDSCAPE CREDIT 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, as part of AT&T's Project Lightspeed, AT&T expects to install thirty-two Video-Ready Access Devices (VRAD) throughout the Village; and WHEREAS, these boxes are expected to be placed within the Village's right-of--way, therefore pursuant to Village ordinance AT&T has certain responsibilities with respect to the landscaping and maintaining of landscaping such VRAD; and WHEREAS, AT&T has asserted to the Cable and Video Competition Law of 2007, 220 ILCSS/21- 101 et seq and other federal and state statutes exempts AT&T from certain Village ordinances pertaining to the installation and maintenance of landscaping within the Village's rights-of--way; and WHEREAS, AT&T and the Village have negotiated an agreement with respect to said landscaping; and WHEREAS, pursuant to the ternis of the agreement, AT&T will make a payment to the Village in the amount of $1,500 for each VRAD installed within the Village public right-of--way and the Village will assume all responsibilities including costs, expenses, and liabilities relating to the screening and landscaping of the VRADs; and WHEREAS, pursuant to the terms of the agreement, AT&T will still be responsible to restore each construction site substantially to its original condition or better; and WHEREAS, Village staff has recommended the Corporate Authorities approve this agreement. 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 Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute an agreement with AT&'f for landscaping and maintenance of landscaping in substantial conformity with Exhibit "A". SECTION 3: The Village Administrator and Village Engineer and/or their designees are hereby authorized to take any and all steps necessary to implement and administer said agreement. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 23`d day of June 2008. Trustee Brurmer Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 23`d day of June 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 24`x' day of June 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois EXHIBIT "A" a~' Marc D. Blakeman ,. Regional Vice President External Affeirs AT&T Illinois 225 West Randolph Street Floor 278 Chicago, Illinois 60606 T: 3'12.727.4221 F: 3'12.727.3722 m63878@att.com www.att.com June 9, 2008 Mr. Joseph F. Wade Village Administrator Village of Morton Grove 6101 Capulina Avenue Morton Grove, Illinois 60053 Dear Mr. Wade: AT&T Illinois ("AT&T") is in the process of installing facilities in the public rights-of- way (°ROW"), as that term is defined in the Cabie and Video Competitioh Law of 2007, 220 ILCS §21-201(q), within the Village of Morton Grove, Illinois (the "Village") in connection with AT&T's network upgrade, known as Project Lightspeed. As part of this upgrade process, AT&T remains committed to working with the Village pertaining to the screening, landscaping and maintenance of these facilities. In furtherance of this commitment, AT&T hereby agrees to be bound by the terms contained in this letter (hereafter referred to as the."Agreement"}. AT&T shall make a payment to the Village of One Thousand Five Hundred Dollars ($1,500.00) (a "Payment") for each separate Video-Ready Access Device (°VRAD") located in the ROW of the Village ("AT&T's Facilities"). In consideration for said Payments, the Village agrees to the following terms: 1. The Village shall assume all responsibilities, including all .costs, expenses and liabilities, related to the screening and landscaping of AT&T's Facilities within the Village. In fulfilling these responsibilities, the Village shall comply with all applicable land use and safety regulations including, but not limited to, the Illinois Underground Utilities Facilities Damage Prevention Act, 220 ILCS 50/1 et seq. and the Village shall reserve a four (4) foot set-back from all four sides of every VRAD cabinet, upon which no landscaping or obstruction will be placed, such that every VRAD cabinet may be easily accessed by AT&T. 2. Except for its responsibility to restore each construction site substantially to its original or better condition and to make the Payments, AT&T shall not be responsible for any costs, expenses or liabilities related to the screening and landscaping or the ongoing .maintenance of the screening and landscaping of AT&T's Facilities within the Village. Within thirty (30) business days after passage and execution of this Agreement by the Board of Trustees of the Village or its duly authorized designee, AT&T will make a Payment for the AT&T Facilities which have completed the Village review process and will thereafter make quarterly Payments for any subsequent AT&T Facilities permitted in accordance with the terms of this Agreement. 3. As long as this Agreement remains in effect, AT&T's Facilities shall not be subject to any applicable Village Code provisions regarding screening, Village of Morton Grove-C/9/2008 Page 2 landscaping, maintenance or security requirements pertaining to said landscaping, including, but not limited to, the posting of a bond, letter of credit or the establishment. of an escrow account. 4. AT&T asserts that any payment obligations, including bond, letter of credit or escrow account requirements, imposed by the Village in relation to AT&T's Facilities are inconsistent with applicable law, including the Cabfe and Video Competition Law of 2007, 220 ILCS 5/21-100 et seq.; the Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1 et seq. or the Telephone Company Act, 220 ILCS 65/1 et seq. However, despite AT&T's assertion, AT&T will make this payment voluntarily under the conditions described above. As to other municipalities, AT&T reserves the right to challenge any such similar payment requirement. Please express your agreement and acceptance of the terms of this Agreement by signing belova. Sincerely, / ~ ? f/~'~ J ~"~~~?' Marc D. Blakeman Regional Vice President, External Affairs AGREED TO AND ACCEPTED: VILLAGE OF MORTON GROVE By: Name: Title: LeEislative Summary Ordinance 08-24 ~ AUTHORIZATION TO INSTALL PARKING RESTRICTIONS ON MORTON AVENUE BETWEEN LINCOLN AVENUE AND ELM STREET WITHIN THE VILLAGE OF MORTON GROVE Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: June 23, 2008 To approve parking restrictions pursuant to Traffic Safety Commission recommendations. To alleviate parking congestion. At the June 5, 2008, Traffic Safety Commission meeting, a request was presented for parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street. The intent is to alleviate commuter parking congestion on this street. After deliberation, the Traffic Safety Commission recommended Zone II parking restrictions be implemented. Public Works Department, Police Department Costs associated with the signage materials, installation and maintenance. The cost of materials is approximately $150. General Revenue - Account No. 02-50=17-56-3130 -Street Sign Materials The implementation of the parking restrictions would be performed by the Public Works/Engineering Division as part of their normal operations, sign installation aa~d maintenance would be performed by the Public Works/Street Division, and enforcement would be performed by the Police Department. Approval. as presented. June 23,2008 None Respectfully submitted: ~~ 71z'~€/"' Jose~W~V illage Administrator Prepared by: ; t,C ~~ Reviewed by: Ryan Gillingha n, Villag Engineer ~.orporauun ~,uunsc~ Ordinance 08-24 AN ORDINANCE TO INSTALL PARKING RESTRICTIONS ON MORTON AVENUE BETWEEN LINCOLN AVENUE AND ELM STREET WITHIN THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the Village President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request for parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street to alleviate parking congestion from commuters; and WHEREAS, notifications of the meeting were sent to residents in the area; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:30 p.m. on June 5, 2008, at the Richard T. Flickinger Municipal Center, considered the above referenced request; and WHEREAS, the Traffic Safety Commission recommends the Village require parking restrictions on Morton Avenue between Lincoln Avenue and Elm Street, specifically "No Parking, 6:00 a.m. to 9:00 a.m., Monday through Friday, except for vehicles displaying a Zone 11 permit or guest pass' ;and WHEREAS, the Traffic Safety Commission recommends the Municipal Code be amended to include the aforementioned parking restrictions in order to accommodate the needs of the Village residents; and WHEREAS, the Village Board of Trustees believe the best interest of the Village of Morton Grove will be served. by concurring with the preceding recommendations of the Traffic Safety Commission. 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: 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 provisions be added to the existing Municipal Code, Section 5-13F-4: RESTRICTED PARKING STREETS, Subsection A.l 1: SPECIAL PERMIT PARKING, 'Lone 1 l: Side of Stz•eet Between Street Date and Time Morton From the centerline of Lincoln Avenue to Both 6:00 a.m. -.9:00 a.m. Avenue the centerline of Elm Street Monday -Friday SECTION 3: The Director of Public Works is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 4: This Ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shallbe receivedas evidence of the passage and legal publication of this Ordinance. SECTION 5: This ordinance shall be in full force and effect upon its approval and publication. PASSED this 23`a day of JUNE 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 23"~ day of JUNE 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 24"' day of JUNE 2008. Carol A. Fzitzshall, Village Clerk Village of Morton Grove Cook County, Illinois Le>?islative Summary Resolution 08 - 40 AUTHORIZING THE EXECUTION OF A CONTRACT WITH A. LAMP CONCRETE CONTRACTORS, INC. FOR THE 2008 STREET IMPROVEMENT PROGRAM Introduced: June 23, 2008 Synopsis: To authorize the Village President to execute a contract with A, Lamp Concrete Contractors, hic. for the 2008 Street Improvement Program. Purpose: The 2008 Street Improvement Program is necessary to maintain the quality, drainage, and drivability of the streets, sidewalks and parkways in the Village. The current program includes the resurfacing and ancillary improvements of Oketo Ave. from Dempster St. to Suffield Ct, Ottawa Ave. from Dempster St. to Suffield St., and Suffield St. from Ozark Ave. to Oleander Ave. Background: The Village contracts with paving contractors to resurface and/or reconstruct streets within the Village which have reached the end of their useful lives. This contract was bid through a public process in accordance with the Village Code where the contract was advertised and sealed bids were received. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $466,936.25. Since this is a unit price contract, the .final contract amount will be based on the actual quantity of work performed. Source of Funds: Capital Project Fund -Account No.:305060-553300. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator Approval as presented. Recommendation: First Reading: June 23, 2008 Special Considerations or Funds in addition to those included in the above. account will need to be Requirements: appropriated to cover the anticipated costs. This resolution authorizes the utilization of fund balance in the Capital Projects Fund for the additional costs of $14,656.25. Respectfully submitted: v,./r~C*"' J ph F. Wade, Village Administrator ~, / Prepared b~ `~~t Reviewed by: Ryan C. illingha~., Village •ngineer TeresaHoffina L~~ n, Corpora' Counsel __RESOLUTIOliT 08-40_ AUTHORIZATION TO EXECUTE A CONTRACT WITH A. LAMP CONCRETE CONTRACTORS, INC. FOR THE 2008 STREET IMPROVEMENT PROGRAM 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 2008 Street Improvement Program is necessary in order to maintain the Village's infrastructure; and WHEREAS, the 2008 Street Improvement Program includes the following streets: Street Between Oketo Avenue Dempster Street to Suffield Court Ottawa Avenue Dempster Street to Suffield Street Suffield Street Ozark Avenue to Oleander Avenue and WHEREAS, the Public Works Department advertised in the May 22, 2008, issue of the Pioneer Press Newspaper inviting bids on the "2008 Street Improvement Program"; and WHEREAS, twelve general contractors obtained the bidding materials; and WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at 1-0:00 a.m. on Friday, June 13, 2008, with the bid results as follows: Contractor Total A. Lamp Concrete Contractors, Ina $466,936.25 Arrow Road Construction Co. $469,636.34 Chicagoland Paving Contractors, Ina $525,398.00 J. S. Riemer, Ina $577,696.48 Alliance Contractors, Inc. $601,249.08 and WHEREAS, the low bidder is A. Lamp Concrete Contractors, Inc. of Schaumburg, Illinois; and WHEREAS, A. Lamp Concrete Contractors, Inc. has performed work for the Village of Morton Grove in a satisfactory mariner; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the low bid exceeds the available funding for the project due to higher than anticipated material costs; and WHEREAS, funding for the above work in the amount of $452,280 is included in the V illage of Morton Grove 2008 Budget in Account Number 305060-553300; and WHEREAS; additional funding isavailable in the fund. balance of the Capital ProjectsFund to cover the additional $1.4,656.25 for the project. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS A5 FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby authorize the additional expenditure of $14;656.25 from the fund balance of the Capital Projects Fund for the project SECTION 3: The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with A. Lamp Concrete Contractors, Inc., 800 W. Irving Park Road, Schaumburg, Illinois 60193, based upon their bid for the "2008 Street Improvement Program" in the amount of $466,936.25. SECTION 4: The Village Administrator and Village Engineer are hereby authorized to coordinate the implementation of this contract with A. Lamp Concrete Contractors, Inc. SECTION 5: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 23`d DAY OF JUNE 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thin APPROVED BY ME THIS 23rd DAY OF JUNE 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 24a' day of JUNE 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 08-41 AUTHORIZING THE EXECUTION OF A CONTRACT WITH SEBASTIAN CONTRACTING CORPORATION FOR THE BECKWITH ROAD OVER THE NORTH BRANCH OF THE CHICAGO RIVER BRIDGE REPAIRS Introduced: (June 23, 2008 Synopsis: To authorize the Village President to execute a contract with Sebastian Contracting Corporation for the Beckwith Road Over the North Branch of the Chicago River Bridge Repairs project. Purpose: This project is necessary to maintain the structural integrity and safety, and extend the service life of the subject bridge. Background: The Village currently owns and is responsible for the maintenance of the Beckwith Road bridge through a jurisdictional transfer from the Illinois Department of Transportation that occurred in the mid 1990's. Since that time, the Village has been performing routine maintenance and inspection of the bridge as required by law. Recent inspections have identified several repairs that are required in order to maintain and extend the life of the bridge. By performing the maintenance now, the Village should delay major reconstruction of the bridge in the future. These maintenance items include repairs to the concrete beams, substructure, bridge deck, approach slabs, and slope walls. This contract was bid through a public process in accordance with the Village Code where the contract was advertised and sealed bids were received. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $167,130.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed.. Source of Funds: Capital Improvement Projects -Account No.: 305060-553300. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the project. Administrator Approval as presented. Recommendation: First Reading: Not required Special Considerations or Due to the additional scope of work required as compared to the original engineer's Requirements: estimate, additional funding is necessary to cover the projected contract value. This resolution authorizes the utilization of fund balance in the Capital Projects Fund for the additional costs of $67,405. Respectfully submitted: 4J Jose h F. C~ '±~"~ ~~ - ade, Village Administrator ~`~ ~ f ~-'- Prepared by: Reviewed by: Ryan ~ filling am, Villa Engineer Corporation Counsel ........RESOLUTION 08-41 AUTHORIZATION TO EXECUTE A CONTRACT WITH SEBASTIAN CONTRACTING CORPORATION FOR THE BECKWITH ROAD OVER THE NORTH BRANCH OF THE CHICAGO RIVER BRIDGE REPAIRS 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 bridge which crosses the Chicago River on Beckwith Road, between Overlook Drive to the west and Austin Avenue to the east, is owned and maintained by the Village of Morton Grove; and WHEREAS, recent inspections have identified several repairs are. required in order to maintain and extend. the life of the bridge; and WHEREAS, the project known as the Village of Morton Grove BECKWITHROAD OVER THE NORTH BRANCH OF THE CHICAGO RIVER BRIDGE REPAIRS is necessary in order to maintain the Village's infrastructure; and WHEREAS, the Public Works Department advertised in the May 8, 2008, issue of the Pioneer Press Newspaper inviting bids on the "Beckwith Avenue Bridge Repair Project"; and WHEREAS, eight general contractors obtained the bidding materials; and WHEREAS, five bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Friday, May 30, 2008, with the bid results as follows: Contractor Total Sebastian Contracting Corp. $]67,130.00 Albin Carlson &Co. $]'78,187.00 Chicago Structures, L,LC $193,263.00 Lake & Rivers Contracting Inc. $239,945.00 Kovilic Construction Co., Inc. $268,765.00 and WHEREAS, the low bidder is Sebastian Contracting Corporation of Brookfield; Illinois; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WHEREAS, the low bid exceeds the available funding for the project due to an increase in the scope of work from additional deterioration which occurred on the bridge over the winter; and WHEREAS, funding for the above work in the amount of $99,725 is included in the Village of Morton Grove 2008 Budget in Account Number 305060-553300; and WHEREAS, additional funding is available in the fund balance of Capital Projects Fund to cover the additional $67,405 for the project: NOW, 1"HEREFORE, BE 1T RESOLVED BY TIME PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby authorize the additional expenditure of $67,405 from the fund balance of the Capital Projects Fund for the project. SECTION 3: The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with Sebastian Contracting Corporation, 9300 W. 47`h Street, Brookfield, Illinois 60513, based upon their bid for the Village of Morton Grove BECKWITH ROAD OVER THE NORTH BRANCH OF THE CHICAGO RIVER BRIDGE REPAIRS project in the amount of $167,130.00. SECTION 4: The Village Administrator and Village Engineer are' hereby authorized to coordinate the implementation of this contract with Sebastian Contracting Corporation. SECTION 5: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 23`d DAY OF JlJNE 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackrnann Trustee Thill APPROVED BY ME THIS 23rd DAY OF JUNE 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 24`~ day of JUNE 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois