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HomeMy WebLinkAbout2008-07-28 AgendaAGENDA VILLAGE~OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER JULY 28, 2008 Meeting 7:30 pm L Call to Order 2. Pledge of Allegiance 3. Roll Catl 4. Approval of Minutes - Regular Meeting, July 14, 2008 5. Public Bearings 6. Special Reports a. Swearing-In Ceremony for Two New Police Officers -Timothy P. Walsh and Brady P. Hester by Fire and Police Commission Chairperson Michael Simkins 7. Resident's Comments (agenda items only) 8. President's Report-Administratiory Northwest Municipal Conference, Council of Mayors, TIF Committee,. Capital Projects, Real Estate Committee a. Proclamation - 2016 Olympic Support....... b. Request from Niles Township High School District to Display a Niles West 50th Amiiversary Banner at the Civic Center. c. Ordinance 08-25 (Introduced July 14, 2008) Amending Title 6, Chapter 2 entitled Deadly Weapons, of the Municipal Code of the Village 9. Clerk's Report -Condominium Association, Advisory Commission on Aging 0. Staff Reports a. Village Administrator b. Corporation Counsel 11. 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 Norther°n Cook County, Community Relations Commission ("Trustee Kogstad) 1) Ordinance 08-27 (Introduced,iuly 14. 2008) Authorizing the Execution of a Real Estate Contract for the Sale of Surplus Real Estate at 5821 Dempster Street within the Village b. Trustee Kogstad -Comprehensive Plan, Advisory Commission on Aging (Trustee Minx) a Trustee Marcus -Police Department, Police and Fire Commission, Real Estate Committee, Chamber of Commerce (Trustee Thill) d. Trustee Minx-Finance Department, Real Estate Committee, Plan Commission, Ferris/Lehigh TIF Review, Fire Department; RED Center, NIPSTA, Capital Projects, Police and Fire Commission, Economic Development, Northwest Municipal Conference ('t'rustee Staackmann) 1) Resolution 08-43 (Introduced July 28, 2008) Authorizing the Village to Acquire Property Commonly Known as 6401 and 6420 Chestnut Street, Morton Grove, Illinois 2) Resolution 08-46 (Introduced July 28, 2008) Tax Abatement Resolution for 2007 Tax Levy Relating to Ordinance No. 07-26 3) Resolution OS-47 (introduced July 28, 2008) ---. _-~at~'~--n~~EO~~-evy-Rel tna g r iia~~ 0 --- e. Trustee Staaekmann -Building Department, Appearance Commission, ESDA, 1T/Communications, Dempster Street Corridor Plan (Trustee Brunner) 1) Ordinance 08-26 (Introduced July t4, 2008) Eliminating Title 2, Chapter 6 of the Village's Municipal Code Entitled Emergency Services and Disaster Agency and Adopting Title 3, Chapter 2, Article C to be Entitled Emergency Management Agency f. Trustee Thill -Public Works, Capital Projects, Traffzc Safety Commission, Natural Resource Commission, Solid Waste Agency ofNorthern Cook County (Trustee Marcus) l) Ordinance 08-28 (Introduced July 2$ 2008) Revisions to Title 12, Chapter 14 Entitled "Flood Damage Prevention" 2) Resolution 08-44 (Indroduced July 28, 2008 Authorizing the Execution of a Contract with CompleteAsphalt Service Company as a participant of the Northwest Municipal Conference 2008 Crack Sealing Program 11. Reports by Trustees (continued) f. Trustee Thill (continued) 3) Resolution 08-45 (Introduced July 2$ 2008 Authorizing the Execution of a Contract with J.A. Johnson Paving Company for the 2008 Street Patching Program 12. Other Business 13. Presentation of Warrants - $664,925.78 14. Resident's Comments 15. Executive Session -Personnel, Labor Negotiations, and Real Estate 16. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with dasabtlidies who plan to attend and who require certadn accommodations en 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 (847/470-5220) promptly to allow dhe Village 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 Glerk 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 June 23, 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 June 23, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. IV. PUBLIC HEARINGS - _ NONE _. V. SPECIAL REPORTS a. Presentation of Employee Anniversary Awards The Board honored several employees for their years of service to the Village, including: Andrew Arkus of the Public Works Department (25 years); James Welter of the Building and Inspectional Services Department (20 years); Kerry Murakami of the Police Department (15 years); Jason Goodman and Jeremy Schuette, both of the Police Department and both with 10 years of service. Although no one was in attendance, the Board congratulated them. b. Swearino In Ceremony for Two New Police Officers The swearing-in ceremony will take place at the July 28, 2008 meeting as there was some confusion about the date and time of the swearing-in. Minutes of Jul 74, 2008 Board Meetin VI. RESIDENTS' COMMENTS (Agenda Items Only) Mayor Krier asked that anyone who has comments on Ordinance 08-25 (Amending Title 6, Chapter 2 Entitled "Deadly Weapons' of the Village's Municipal Code) to please hold them until the ordinance is presented. At that time he will allow anyone wishing to comment an opportunity to do so, a. Tony Kovach, 8302 Avalon. Mr. Kovach said he was opposed to Ordinance 08-24 (which implements parking restrictions on Morton Avenue) because zoned parking discourages commuters-and with all the environmental concerns, we're trying to encourage public transportation. He felt that there were plenty of garages on Morton for residents to park in, and pointed out that residents "don't own the street-we all do." He encouraged the Board to vote "no" on this ordinance. b. Eric Poders. Mr. Poders said the Executive Session time was incorrectly listed in the Minutes that the Board had just approved. It was called to order at 8:29 p.m., not 9:29 p.m. as stated in the Minutes. He asked that the correction be made. VII. PRESIDENT'S REPORT Mayor Krier introduced for a first reading Ordinance 08-25, Amending Title 6, Chapter 2 Entitled "Deadly Weapons" of the Municipal Code of the Village. He explained that this reacts to the Supreme Court's recent decision. In June of 1981, the Village adopted an ordinance which, among other things, prohibited the possession of handguns throughout the Village of Morton Grove, including a person's place of abode. On June 26, 2008, the U.S. Supreme Court ruled that the Second Amendment of the Constitution nrnviriPS an inriividual rinht for oersons to oossess handguns within their residence and that This ordinance amends Title 6, Chapter 2, to remove the total ban on the possession of handguns within the Village, and to incorporate by reference certain State of Illinois Statutes regulating the unlawful use of deadly weapons. Passage of this ordinance will bring 4he Village's Municipal Code into compliance with the Supreme Court's ruling. The Illinois State Statutes incorporated by reference are 720 ILCS 5/24, sections 1, 2, 6, and 9. Section 1 makes it unlawful to possess certain deadly weapons such as bludgeons, black- jacks, sand clubs, metal knuckles, throwing starts, switchblades, daggers, stun guns, or taser guns, etc. It also states that it is unlawful for a person to carry a concealed weapon or trans- port aweapon unless it is broken down in a nonfunctioning state or not immediately accessi- ble. Further, it is unlawful for a person to possess certain unusual or dangerous firearms, such as machine guns and sawed-off shotguns. It is also illegal to carry or possess weapons upon public streets or public lands. Section 2 exempts certain persons from the regulations of Section 1, including law enforce- ment, security, and military personnel. Section 6 provides for the confiscation, disposition, and return of firearms. Minutes of July 14,2008 Board Meeting VII. PRESIDENT'S REPORT (continued} Section 9 makes it unlawful for a person to store or leave a firearm within a premise under his or her control if that person knows or has reason to believe that a minor under the age of 14 is likely to gain access to the firearm without the permission of the minor's parent or guardian and the minor causes death or great bodily harm with the firearm. Mayor Krier said that, when the Supreme Court's decision became known, he sat down with Corporation Counsel Liston, Village Administrator Wade, and Police Chief Tasch, to let them know that Morton Grove's handgun ordinance was now unconstitutional. He asked Corpora- tion Counsel to draft an ordinance to bring the Village into compliance, and had similar conversations with all of the Trustees to ask them if there was anything in particular they wanted included in the new ordinance. Mayor Krier asked the Board if anyone wished to comment on Ordinance 08-25. Trustee Staackmann said there's no doubt this is a highly emotional issue to people on both sides of the spectrum, but we have to follow the law of the land. He said he approves of what he's read but wondered why the ordinance incorporated so much of the State Statutes. Mayor Krier responded that the Village did this tike it's done many. other ordinances, i.e., the liquor ordinance, the smoking ordinance, animal control Taws, etc. It's the Village's practice to adopt the State's laws and then modify them as necessary or appropriate. Corporation Counsel Liston said the main reason the Village does this is that it gives the Village and the Police Department flexibility, especially in terms of enforcement. She said she worked closely with the Police Department on this ordinance and on incorporating these particular provisions of the State Statutes, and said Chief Tasch felt strongly that criminal charges should be prosecuted under State laws, not as a local or civil matter. Trustee Kogstad asked if the State Statutes incorporated the Supreme Court ruling yet. Ms. Liston responded that the Village incorporates by reference Sections 1, 2, 6, and 9 of the criminal code, as amended; so if the State amends its statutes, Morton Grove's Municipal Code is automatically amended also. She said that the Supreme Court's decision addresses incorporated that precludes the possession of hahdguns within a person's residence. c. Trustee Brunner asked. whether a person whose residence was a motel could possess a handgun. Ms. Liston said that the previous ordinance had a blanket ban on possession of handguns within the Village. That section of the Village's Municipal Code is being repealed and the Village. is now incorporating certain other prohibitions that are in the State Statutes, i.e., provisions prohibiting weapons on public streets or in public lands. If it's not specifically prohibited, then it's allowed. So if a person resides in a motel, they are not prohibited from possessing a handgun by this ordinance. However, the motel proprietor may decide to prohibit guns, and there are other State and Federal prohibitions that may be applicable. Trustee Brunner asked if business owners are allowed to have handguns on their premises. Ms. Liston said they are; and, in fact, there is an exemption that allows business owners to have a concealed weapon at their place of business or abode. Trustee Thill asked if a person could carry a weapon in a holster. Ms. Liston said there's no prohibition from a person carrying anon-concealed weapon, except they are not permitted td do so on public land, such as in a government building or in a mental hospital.. So the answer is "yes, with restrictions". Trustee Thill also asked about transporting weapons. Is carrying a handgun the same as transporting it? Or does transport mean "only by vehicle"? Ms. Liston said that she thought that "transporting" meant in a vehicle, although by interpretation it could mean that it's being carried. She pointed out that a transported weapon had to be either Minutes of Jury 14, 2008 Board Meetieg VII. PRESIDENT'S REPORT (continued) broken down or not immediately accessible. Trustee Thill asked if the Village would continue to prohibit the sales of handguns within its borders. Ms. Liston said that sale of handguns is not addressed in this ordinance, so the current law would stand. e. Trustee Staackmann asked if the Village is prohibiting the sale of blackjacks, brass knuckles, switchblades; etc. Ms. Liston said that, under current Village law, the sale of those items is prohibited. That is not covered under this particular ordinance; however, there are other provisions in the Municipal Code that prohibit the sale of such items. f. Trustee Marcus agreed that the Village has to do this because each of the elected officials took an oath to uphold the Constitution. He noted that this law was really designed for federal law, rather than local law. He wondered, since the Village is a home rule community, when the Village incorporates State Statues, does it lose any of its control or judiciary approach? Will the Village's hands be tied by this? Ms. Liston said that the Supreme Court's decision leaves an open question as to whether or not its decision is applicable to units of local government. By taking this action today, the Board is deciding not to wait for further litigation to clarify this matter. As far as whether the Village's hands are tied, Ms. Liston pointed out verbiage in Section 3 of Ordinance 08-25 that addresses this question. She said that, basically, the intent is to allow our Police Department the flexibility to charge someone under State law or local law; therefore, it does not tie the Village's hands. Mayor Krier then opened the discussion for resident's comments. 1. Kerry Trausch, 8916 Austin. Mr. Trausch wanted to know if martial arts schools could still work with numchucks, etc., or if that was now illegal. He said martial. arts schools and martial arts instructors work with things like that all the time. Also, if a person is a martial arts instruc- torwho works out of his or her home, is it illegal to have those items in his or her residence? Ms. Liston said that the Village has always banned those instruments, but they are not addressed by the Second Amendment or the Supreme Court's decision. By incorporating the State Statutes, several exemptions are allowed. She said she is not aware of any exemption karts-stadic~s ormartialarts-irtstr~teter~ -- David Balke, 6044 Capulina. Mr. Balke wanted to clarify that the Supreme Court's decision was not applicable to home rule/local law, but the Village is respecting their decision. He commented that, as a resident raising his children here, the handgun ban has always provided one more level of safety, a feeling that a child won't go to a friend's home and find a handgun. Ms. Liston said the Village is not required to repeal its ordinance as the Supreme Court's decision concerned Washington, DC, a federal district. She explained that the Second Amendment does not automatically apply to State governments and subdivisions of State governments. Ms. Liston added that there is no case (to date) decided by the Supreme Court that incorporates the Second Amendment so that it is applicable to State and local government, although she believed that this issue is going to be the subject of "immediate and aggressively fought litigation" which may render such a decision. The Village is side-stepping this litigation and is respecting the spirit of the Supreme Court's decision. Trustee Marcus said he understood Mr. Balke's concerns, but the Village is a community of laws, and although individuals can and do disagree, the highest court in the land has decided this, so it behooves the Village to look at the matter very closely. The Village must also factor in the cost of litigation. Ratifying this ordinance will save the Village from a very real financial impact while also respecting the law of the land. Trustee Marcus said this is a decision that has pros and cons, as most decisions do, but overall, he felt the Village was making a wise choice. AAinutes of JuIY 14, 2008 Boats Meeting VII. PRESIDENT'S REPORT (continued) 3. Ken Viane, 8928 McVicker. Mr. Viane urged the Board to vote on Ordinance 08-25 this eve- ning and to approve it, stating that, as a taxpayer, he did not want to have to pay for litigation. 4. Alice Gutenkauf, 8425 Mason. Mrs. Gutenkauf said that she and her husband were some of the people who objected to the handgun ban from the beginning, and commended the Board for this "reasonable reaction" to the Supreme Court's ruling. She felt the Supreme Court had done a good thing for the country. Regarding the gentleman who was concerned about his children, she pointed out that there are still laws on the books-there is still a requirement for a gun card in the State of Illinois, you must have identification that you have registered, etc. She said she's comfortable and believes the research that states that an armed community is safer than an unarmed community. Mrs. Gutenkauf did not feel that the Village will suffer from repealing the handgun ban. 5. Dr. Donald Szachowicz, 6734 Beckwith. Dr. Szachowicz said he is a 40-year resident of the Village who has raised his children here. They've all been involved with scouting (Boy Scouts, Eagle Scouts, etc.) and have enjoyed learning the shooting sports under the auspices. of the Scouts. He commended Corporation Counsel Liston and the Board in doing a fine job on this ordinance. He said there are still safeguards in this ordinance, i.e., if you have children under age 14, you have to have locks on your guns.. Dc Szachowicz said he realizes this is a controversial matter but he believes the Village is doing the right thing.. He pointed out that the NRA is well-funded and the Village doesn't have the resources to fight this. 6. Don Sneider, 9320 Michael Ct. Former Trustee Don Sneider said that the original litigation the Village went through did not cost the Village money-Jenner and Block did it for no fee. Also, ABC Circle Films which wrote a docu-drama (that didn't get produced) paid the Village some money for this. He recalled when the original handgun ban ordinance was passed 27 years ago. Council Chambers was filled, people were standing outside. Many people spoke; anrtmany were against it The Village's ordinance was subsequentEy ru(e cons Tu- - tional by five courts, including the Illinois Supreme Court and the Court of Appeals..Former- Trustee Sneider believes this is a very bad decision by the U.S. Supreme Court. It was a 5-4 decision, so it was very close. He said people are dying at an alarming rate because of hand- . guns. There are accidental deaths and crimes of passion, suicides, and gang-related shoot- ings-thousands happening every day due to the accessibility of handguns. Obviously, people can be killed by knives, automobiles, etc., but he hasn't ever heard of any drive-by knifings, or stray knives going through a wall and killing a child in bed. Trustee Sneider said that, in the 10 years prior to the Village passing the handgun ban, there were nine shootings. Since the ordinance has been in effect, there have been none. Whether this is a direct result of the handgun ban, he didn't know. He asked the Board to slow down, to see what Chicago, Evanston, and Oak Brook do. This decision pertains to federal districts-he urged the Board to "wait and see what happens" before making any decisions. Guns in homes are dangerous. Trustee Sneider asked Ms. Liston if semi-automatic weapons (AK-47's) are banned by the State Statute. She responded that they are. He asked if the Village was planning on having gun registration so the Police Department would know which homes have guns in them going in. He said he had discussed this with Trustee Brunner, and thanked her for the consideraple discussion they had. Trustee Sneider said he really felt the Board should take more time to see what happens elsewhere. A lot of agony went into getting the ordinance passed- trusteeswere pressured, and their homes and families were even threatened, in some cases-and he said he would hate to see it thrown out so fast. Minutes of July 14, 2008 Board Meeting, VII. PRESIDENT'S REPORT (continued) g. Trustee Brunner thanked former Trustee Sneider for coming tonight. She said she appreci- ated the tough decision he made years ago, and she and Corporation Counsel were doing research about possible additional restrictions. h. Trustee Marcus acknowledged and thanked former Trustee Sneider. He said the former trustee does the Village and the Board proud by having an open discussion. Trustee Marcus said he was proud to be able to meet tonight and hear differences of opinion. He said he knows that Trustee Sneider's number one concern was and has always been the betterment of the Village. He said he was glad the Board and the residents can air their opinions and ultimately do what's in the best interests of the residents of Morton Grove. i. Trustee Thill pointed out that this Board will never pass "the perfect ordinance", whether it be handguns, traffic, whatever. Situations always come up and the Board can always revisit the ordinance to fine-tune it. He hoped that everyone who wants to have a gun in their home will accept that it's their responsibility, not the Board's. 7. Mr. Trausch. Mr. Trausch asked about registration. He said he knew you had to be regis- tered with the State to legally own a handgun, but are people also going to have to register with the Village's Police Department? He said he agreed with this ordinance and felt that the previous ordinance was against people's Second Amendment rights. He said drive-bys and gang-bangers will always happen even if there is a gun ban. He wondered if there was ever any accidental killing of a child in a Morton Grove home before the ordinance was passed. j. Trustee Minx said, regarding registration, that the Board is looking into it, but noted that regis- tration is not necessary for police officer safety. She said she's had extensive conversations with Chief Tasch about this and he is training his officers to always assume there's a gun. Chief Tasch agreed, basing this on his 29 years with the Chicago Police Department. He felt that registration laws are "after the fact" laws. He said he wants his officers to always assume there's a weapon in any situation so they can be alert and aware. Registration is what an charge the person'with having an unregistered weapon. But regsfration is not necessary for officers' safety. k. Mayor Krier said the matter of registration is still being researched. If it would make it safer for police personnel, he would make sure registration is incorporated in this ordinance; however, since Chief Tasch has said it will not have a bearing on officers' safety, it's not. The Board may do a separate ordinance related to registration at some future point. For now, it's an ongoing discussion. 8. Mr. Viane. Mr. Viane stated that everyone who legally owns a handgun in Illinois should already be registered, so a local registration requirement would be redundant. ~/pl, CLERK'S REPORT Clerk Fritzshall announced that November 4, 2008 is the date of the Presidential Election. People who wish to do so may register to vote up until October 7, 2008. Minutes of Jul 14;.20086oartlMeetin VIII. CLERK'S REPORT (continued) Clerk Fritzshall said that, if anyone is interested in becoming a deputy registrar, there are two training sessions coming up. One is Saturday, July 26, from 10:00 a.m. to 11:00 a.m. at the Skokie Public Library. The other is Saturday, August 9, 2008, at the Skokie Public Library from 10:00 a.m. to 11:00 a.m. Anyone interested in attending either session should call Clerk Fritzshall at Niles Township or at the Village. Clerk Fritzshall noted that there would also be a student deputy registrar program this year. IX. STAFF REPORTS A. Village Administrator Mr. Wade had no report. Corporation Counsel: Ms. Liston had no report. X. TRUSTEES'REPORTS A. Trustee Brunner: Trustee Brunner presented for a first reading Ordinance 08-27, Authorizing the Execution of a Real Estate Contract for the Sale of Surplus Real Estate at 5821 Dempster Street Within the Village of Morton Grove. She explained that the Village had purchased four parcels of land in 2002 in order to construct funds became available for the construction of that parking lot. It was: designed:: in such away that only three of the parcels were required. The Board authorized Village staff to offer this parcel for sale. Staff has negotiated a sale of the property to Dr. Saba Khan for $345,000, which is more than 80% of the appraised value of the property. The contract also requires the purchaser to improve the exterior fagade of the property, which will be utilized as a dental or multi-specialty dental practice owned and operated by the purchaser. The Village has the right of first refusal if the property should be sold within fifteen years after the closing of this sale. The sale df this property will result in multiple benefits to the Village, including rehabilitating a vacant store, providing immediate revenue, and generating real estate and other taxes. Trustee Staackmann said he was sad to see that parcel go this way, because when the Village bought it, its intent was to use it to help with the efforts to revitalize Dempster Street. He wished Dr. Khan well and hoped he'd be successful, bus said that he wished the Village could have found a retail business to go there, since the Village doesn't realize any sales tax revenue from a dental office. Plus, the property was bought to be a parking lot, and the park- ing lot that was built is now actually five spaces smaller, because the contract calls for one of the adjacent businesses to have five spaces. Maybe the Village should have used that parcel to make the parking iot bigger. He felt the Village could have done a better job of marketing the property. Minutes. of July 14 2006 Boats Meeting X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) Trustee Brunner noted that, according to Village Engineer Ryan Gillingham, there wasn't much that could be done with that parcel. Trustee Staackmann said that it didn't come to his attention that five spaces were going to be unavailable to the general public until after the .parking lot had been built. He thought the Village should have made the lot bigger, had it known it was going to be losing those five spaces immediately. Trustee Brunner said, from what she remembered of the design, if this parcel wasn't used, it would've been green space. Mayor Krier agreed with Trustee Brunner about the Village Engineer's assessment of the parcel. He said he wasn't aware of the agreement giving five parking spaces to the adjacent business either, and said it was a "dumb deal that had been made in the past". He alluded to other things past Village leadership had done, including the agreement giving the Village ownership of the bridge on Beckwith Road, which he felt never should have happened and didn't show much forethought. Trustee Staackmann said that someone should have read the contract but this wasn't about assigning blame. He said he was just disappointed that it didn't seem like the Village was making a real commitment to finding retaii for Dempster Street. He said he understands that this is a good offer and that the new owners are Village residents, and again wished them well. Mayor Krier asked Trustee Staackmann how many people he personally had tried to get interested in that parcel. He said that Village staff had tried, but no one was interested. He said that he, too, would much rather have had retail there. The Village could have waited longer, but it's doing this now because this offer was not going to be on the table much longer. Now the property will at least be on the tax rolls, which it is currently not. Also, the building is currently in a state of disrepair, and since the Village owns it, it would have had to spend money to fix it. Now it won't have to. He asked Trustee Staackmann to "puf all the facts on the table". Trustee Staackmann noted that the Village had made a commitment to try to extend this three more months and try to accelerate the marketing of the parcel to attract retail, and then reneged on that. He reiterated that he was disappointed in what seemed to be the lack of commitment to retail on Dempster. Mayor Krier said the Village did try to make that happen. Trustee Thill said he would: like to amend the ordinance sd that the money from the sale of this parcel would be put in a special account and be used only for Dempster Street projects, rather than put in the General Fund. He so moved, seconded by Trustee Kogstad. Trustee Kogstad asked for clarification of several things. He wondered if the Village still had an outstanding loan on this parcel, and if so, what the balance was, and how much interest had been paid oh it. He asked Village Administrator Wade if he could get that information to the Board before the next meeting. Trustee Marcus asked, if the Board passes this amendment, are there are any limitations as td how the money from the sale of this parcel would be used. Mayor Krier said he thought the trustees all agree that the money should be spent on Dempster Street and that Trustee Thill's amendment would just tie the Board's and staffs hands. He encouraged Trustee Thill to make it "his desire" thaf the Board use the money for Dempster, rather than amending the or- dinance. Trustee Brunner wanted to know what the parameters would be of this amendment. Trustee Kogstad said it could be set up to tie it to matching government grants, that type of thing, so the funds would be there. He felt that would be reasonable. but wanted to see what Trustee Thill and Corporation Counsel Liston came up with. Mayor Krier agreed that a restricted reserve fund would be the way to go. Minutes. of Jul 14,.2008 Boats Meetin X. TRUSTEES' REPORTS (continued) A. Trustee Brunner: (continued) Trustee Marcus said he would like to see the money go into an Economic Development Fund to develop ideas and concepts, but the restricted reserve fund would also address that. The Board could look atthings on acase-by-case basis. Village Administrator Wade pointed out that the Dempster Street Improvement Project is already 10 years old and the Village has spent a minimal amount of money on it. He said that, at the point of project closure, there are typically cost overruns, especially with a project like this, where the budget for it was developed over 10 years ago. He said the State doesn't always pay the cost overruns, in which case they would become the Village's responsibility. Trustee Minx pointed out that there are three parcels on Dempster that need parking, so the proceeds of this sale could be a "seed fund" for parking lots. Mayor Krier said he thought Trustee Thill's amendment was rather insulting to Village staff, as if saying that they would spend the money elsewhere. Trustee Thill said his motion is simply that any profit from this sale will be put in a fund for Dempster Street only projects. Ms. Liston clarified that Trustee Thill's motion is to "authorize staff to restrict the proceeds of this sale for Dempster Street projects only." Trustee Thill agreed. Mayor Krier called for a vote on the amendment. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ,~? Tr. Marcus aye Tr. Minx a~~e Tr. Staackmann ~ Tr. Thill aye 2. Trustee Brunner commended the Morton Grove Days Committee, the Park District, Public Works, Police, Fire, and EMA for all their hard work over the holiday weekend. She thought the parade and fireworks display were wonderful. She also thanked all the volunteers who worked the event saving they did a "phenomenal" job. B. Trustee Kogstad: Trustee Kogstad had no report. C. Trustee Marcus: 1. Trustee Marcus had no formal report, but agreed with Trustee Brunner's comments regarding the Fourth of July holiday weekend. He said it's a lot of work done by hundreds of volunteers. It makes you proud to be in Morton Grove, and crowd for the fireworks display was wonderful. Mayor Krier commented that the parking plan for the Harrer Park area was successful. Although a couple of complaints were received, most people were happy with it. The Village is planning to do it again next year. 9 Minutes of July 14, 2008 Board Meeting X. TRUSTEES' REPORTS (continued) D. Trustee Minx: Trustee Minx had no formal report, but thanked the Morton Grove Days Committee, the Park District, the Police and Fire Departments, Public Works, EMA, and the staffs of the Village and the Chamber of Commerce. All combined to help make the holiday celebration a most successful endeavor. Kudos to all! E. Trustee Staackmann: Trustee Staackmann presented for a first reading Ordinance OS-26, Eliminating Title 2, Chapter 6 of the Village of Morton Grove Municipal Code Entitled "Emergency Services and Disaster Agency" and Adopting Title 3, Chapter 2, Article C to be Entitled "Emergency Management Agency." He explained that this will update the Village's regulations and codes to be in conformance with Illinois State Statutes and the anticipated operational needs of the Village. The Village has benefited greatly from the volunteer services of the members of the Emergency Services and Disaster Agency. The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Recent changes to a variety of federal and state requirements and guide- lines prompted a review of the ESDA program. Mayor Krier formed an ad hoc committee consisting of the Fire Chief, Police Chief, the coordinator of ESDA, and a Village Trustee to review current Village ordinances and state statutes as they relate to the operation of the Village's volunteer Agency. The committee recommended structural and operational changes with respect to the Agency. As a result, Village staff has prepared code revisions which will change the name of ESDA to the Village of Morton Grove Emergency Management Agency (EMA). This ordinance also places the Agency under the supervision and chain of command of the Fire Department. Mayor Krier thanked Trustee Staackmann for chairing the committee--and the Police and Fire Chiefs, and John Hill and Corporation Counsel for working on this. Trustee Staackmann thanked them also, and said that people in town don't really realize the wonderful contribution that EMA makes to the Village...he said they're a "great group of people': Trustee Staack- mann told the assemblage that if anyone is interested in volunteering for EMA, to contact John Hill through the Fire Department. Z• .Trustee Staackmann thanked Morton Grove Days Committee Chairman Jim Karp and his entire committee for the wonderful Morton Grove Days celebration, and said he hoped it was successful (financially). Trustee Thill Trustee Thilf presented Ordinance 08-24, Authorization to Install Parking Restrictions on Morton Avenue Between Lincoln Avenue and Elm Street Within the Village of Morton Grove. This is the second reading of this ordinance. to PAinutes of Jul 14, 2008 Board Meetin X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) Ordinance 08-24 establishes zone parking on Morton Avenue between Lincoln Avenue and Elm Street to alleviate commuter parking congestion. It proposes Zone 11 permit parking, which is no parking (except by permit) between 6 a.m. and 9 a.m. Mondays through Fridays. Trustee Thil! moved to adopt Ordinance 08-24, seconded by Trustee Minx. Trustee Brunner said, regarding an earlier comment about parking restrictions, that, having attended the Traffic Safety Commission meetings, these restrictions are requested by the residents who live in these areas. These residents feel that commuter parking is restricting activity on their streets, especially in the fall and winter, as the commuter parking impedes leaf pickup and snow removal. She pointed out that there is parking at the Metra Station and in that area, but the Board realizes more parking is needed and is looking into it. But she wanted people to understand how these restrictions actually come to the Board. Trustee Staackmann said that he doesn't like restricted parking either, but felt it was a "necessary evil". Mayor Krier called for the vote on Ordinance 08-24. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus ave Tr. Minx ~ Tr. Staackmann ~ Tr. ThiII ave 2~ Trustee Thill then presented Resolution 08-42, Authorizing the Execution of a Contract with Superior Road Striping as a Participant of the Northwest Municipal Conference 2008 Thermoplastic Lane Marking Program. He explained that, each year, the Village contracts with a pavement marking contractor through the Northwest Municipal Conference in a joint purchase program to take advantage of economies of scale. The estimated project cost is $19,750. Since this is a unit price contract, moved,-seconded-by Trustee Brunner.. 0 nays. 6-ayes, Tr. Brunner a~~e Tr. Kogstad a1re, Tr. Marcus awe, Tr. Minx a~~e Tr. Staackmann ~e Tr. Thill aye Trustee Thill thanked Trustee Kogstad for his insightful questions as the recent Audit Workshop presentation. He said he felt he understood the Village's finances a bit better as a result. 4. Trustee Thill said that many residents ask him about a community rain garden. He said there is already a community rain garden; it's located between the Historical Society and the new Annex. He also thanked the Park District for putting snow fencing up around the annex. There are many beautiful native plants there. He encouraged residents to go see them. 11 Minutes ofiJUly 74, 2008 Board Meeting) XI. OTHER BUSINESS a. Trustee Sfaackmann said that foreclosures and the appearance of certain properties within the Village is becoming an increasing concern to many residents. Mayor Krier said, regarding foreclosures, that the Village has a procedure to follow and certain restrictions it's under. He said he has spoken with other area mayors about this problem, and has also had discussions on this matter with Corporation Counsel Liston and Village Administrator Wade. He said it's important for the Police and Fire Departments to know which properties are vacant, noting that there's afee-based website where a person can find out exactly what properties are in foreclosure. Mayor Krier said that the Village cannot go on to private property; all it can do is write tickets. When the Village gets permission from the courts, it can then go in and take care of the property, in terms of outside appearance and/or cleaning up garbage on the inside. The Village ends up paying for this clean-up and puts a lien on the property. The problem is, by the time the Village receives the courts' permission to do this, the property is usually pretty far gone. Banks are working on addressing this problem too. The Building Department, Fire Department, and Police Department are all aware of the problems, but the Village's hands are tied, so it doesn't get ioo aggressive. Trustee Staackmann noted that there's atear-down on Shermer that's basically just a weed patch now, and another one on Marion. He wondered if the Village could go after the builders. Mayor Krier responded that the Village is doing what it can do; legally. Trustee Staackmann asked who residents should complain to, if a problem like this exists in their neighborhood: Mayor Krier said residents should call Village Administrator Wade. b. Trustee Marcus thanked Ed Hildebrandt and Boyle Wong for the new microphones, and Mayor Krier and John Hill as well. He said now there's a light indicating if the microphone is on or off, which is something the Board didn't have before. X11... WARR?~NTS Trustee Minx presented the Warraht Register for July 14, 2008, in the amount of $490,765.14. She moved to approve the Warrants, seconded by Trustee Thill. a. Trustee Marcus had a question on page 8, a charge for $41,887 for Gallagher Health Care. Mr. Wade said that was for insurance premiums. Trustee Marcus asked if it was one month's worth of insurance premiums. Assistant Finance Director Ryan Horne said it was actually a remaining 2007 expense. Trustee Marcus asked what the Village paid annually for health in- surance. Mr. Horne said that he did not know off the top of his head. b. Trustee Tfiill had several questions. On page 4, there are 19 charges for "Cardmember Ser- vice" that he wondered about. Mr. Horne said that it was for a credit card held by Mr. Wade, and several members of Public Works and the Finance Department. Trustee Thill also asked about an "administrative fee" to Ceridian listed on page 4. Mr. Horne said that was for pre-tax deductions that employees have. It is a program that is administered through Ceridian. Trustee Thill wondered what the $21,600 charge was for "early lease termination" for GPG Associates. Mr. Horne said that's for the property at 6400 Chestnut, which the Village purchased. This was the cost of the negotiated buy-out. 12 Minutes: of Jul 14; 20088oard Meetin XII. WARRANTS (continued) c. Trustee Thill asked about a Groot payment of $239.40. Mr. Horne said a customer had come in and paid the Village directly, instead of paying Groot. The Village then turned around and paid Groot. d. Trustee Thill also inquired about a charge for S.B. Friedman on page 19, for "LF Framework Plans"-was that for Lehigh-Ferris? Mr. Horne said it was. e. Trustee Thill was curious about the charge on page 21 to System Management Association for a router memory component. Mr. Horne said that was a piece of equipment needed for the network/ phone system upgrade. f. Trustee Thill asked about an $800 for an "annual medical exam" and wondered if that was for one employee. Mr. Horne said it was an exam required by the Village to determine if an em- ployee's disability case was still valid. g. Trustee Thill inquired about rental equipment in the amount of $2,700 for "tree stump re- moval". He asked Public Works Director Andy DeMonte if the Village had its own equipment for that. Mr. DeMonte said the Village did, but it was in a state of disrepair, so they had to rent the equipment. h. Trustee Kogstad asked about a $41,900 charge for telecom on page 21. He wondered what resolution that was tied to and how much was budgeted for this. Mr. Horne said that there was a resolution regarding this charge but he didn't recall the number or the budgeted amount. He said he'd get that to Trustee Kogstad, but he thought that the $41,000 was about half of what'the total was. Mayor Krier called for the vote on the Warrants: Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad aye Tr. Marcus aYe Tr. Minx aye Tr. Staackmann aye Tr. Thill Xtlf:_ RESIDENTS' COMMENTS a. Eric Poders. Mr. Poders said that he attended the last audit meeting and has also been attending adjudication hearings. He wanted to do a communique to residents to let them know how under-staffed the Village is right now. It's not able to look at everything as it should be, especially since some part-time employees have recently left. Mr. Poders wondered if there was a possibility of using vegetable oil from some of the local business and using converters to use it for Village vehicles. Mr. Poders commended Trustee Thill for his amend- ment to Ordinance 08-27. He said that he, too, would personally like to see more retail and more foot traffic on Dempster. Mayor Krier said the Village is always looking at ways it can be "greener" and if there is a way to do it that's economical, the Village does it. He added that everyone agrees that the Village needs and wants more retail, but pointed out that empty stores abound in every town. b. Mike (8946 Marion Avenue) asked about foreclosures, especially a house that's half-built on Marion. He wasn't sure how or if it would survive over the next six months, and wondered if the Village's ordinances had any kind of a time limit requirement for a building to be completed. He was also curious about the comment that the Village was looking at increasing commuter parking at the Metra lot 13 Minutes of July 14, 2008 Board Meeting XIII. RESIDENTS' COMMENTS (continued) Mayor Krier said that Trustee Minx was right; there are many discussions about improving the Lehigh-Ferris area, including increasing parking at the Metra lot. A parking lot in that neighborhood would relieve many of the parking restrictions now in many neighborhoods near the Metra station. However, parking Pots are quite expense to build, and Metra doesn't care and won't help build it. Mayor Krier said, regarding the condition of the house that's half-built on Marion, that he would have Building Commissioner Ed Hildebrandt look into it. Ms. Liston said the Village has ordinances regarding construction timelines-she said it's available online. It's in the Municipal Code, 10-1-2, under Building Provisions, Section E. This provision states that construction must commence within six months of a building permit being issued and must proceed in a "diligent and workmanlike manner" until all work authorized by the permit is completed. In residential zoning districts, roof covering and exterior wall covering shall be completed within six months from the start of construction; in all other zoning districts, roof covering and exterior wall covering shall be completed within twelve months from the start of construction. Requests for extensions to the above time limits may be granted by the Building Commissioner upon receipt of written request from the permit holder and determination that the extension is valid under the circumstances." Mayor Krier said, the Village does enforce its ordinances, but again, if a property is in foreclosure, the Village will do what it can, legally. Mayor Krier said, regarding the telecom expense that Trustee Kogstad was inquiring about, that expense was for an upgrade authorized by the Board under Resolution 07-65, and the total contract amount is $.119,825. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business-Trustee Minx moved to adjourn to Executive Session to discass-persarmsl~ fabarnegotiatioris;;~f~d-real-estate-The-matfanlroas-seeended~y __ Trustee Marcus. Motion passed:- 6 ayes,D-nays. - - - Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus Tr. Minx a~~e Tr. Staackmann aye Tr. Thill a rye The Board adjourned to Executive Session at 9:22 p.m. Mayor Krier called the Executive Session to order at 9:33 p.m. In attendance were: Mayor Krier, Clerk Fritzshall, Trustees Brunner, Kogstad, Marcus, Minx, Staackmann, and Thill. Also present were Administrator Wade, Corporation Counsel Liston, and Community and Economic Development Director Neuendorf. There being no further business, Trustee Minx moved to adjourn the Executive Session at 10:22 p.m. The motion was seconded by Trustee Marcus and passed unanimously via voice vote. Trustee Minx then moved to adjourn the regular meeting. The motion was seconded by Trustee Marcus and passed unanimously via voice vote. The regular meeting adjourned at 10:23 p.m. 1a Minutes of Jul 14, 2008 Board Meetin' PASSED this 28th day ofJuly, 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thili APPROVED by me this 28th day of July, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 29th day of July, 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by Teresa Cousar t5 ..< ~. o V w~ e- . }une 2(, 2008 President +x; fSoard af'1'rustees VILL~GL Ol" MORTOT3 GRAVE Ei101 Capulina Ave. Mortou (irovc, 11., 60053 17irect In accordritacc with diroctivcs issued by ycru, accordance with 65 1LCS SI10-2.1-6 of the Illinois 'f"he following. person has ~ualificd and is herewith a Officer in the Marton Grvvc Pulicc Dcpartmenl oCrhe [o the Rules and Rcgulati<~nx ol'the Fire end Pc}lice Cor name. TTM(JTTiY T'. W evtd Police C+Dmmission is 847f470-5228 Fas 84'x/965-7711 ~e examinations were conducted u~ S:urnrres, t992 (1Zcviscd}. I to a probatiouaty status; i>1' Police of Marton Grove, Illinois, pursuant 1, effective on the date tlllUwu~~* his (r'tfective date of appointme~it is .Iwie 30, 200R, whe~~ he will report. to Trainin6 Officer I:en on July 14;2008, 7:30 p.m., at the Council Chambers, Subrnitted by: Michael Simkins, Chaitntan Fire & Police Commission C': T. Walsh Chief Tasch .1. Wade Richard "1". Flicl.inger Mu iciPttl Center 6101 CapuPitra 1lvenue • Morton Gz ve, Illinois 600153-2'?HS G~ I'el: jR47} 9fi5-4100 Fax: (R47) 965-41Ei2 Ps,:. r.y~.J~.JI°:~~~~, Village ~f c9Vlorton 1 .Tune 2l, 2Q08 Direet President R: Board of'1"rustees VTLLACTE QI^ MORTON GROVE f.,101 C'al?ta.tiua.Avc. Morton Urove,lL 60053 In accordance with directives issued by you, accordance with GS tLCS 5/10.2.1-fi of the ]llinois and Police Commissi®a ne 847 J470-5228 Faa 6947 f 95.7711 live CX3(mltltitl0riS WerC CgttilUCted u1 d St<~tutcs, 1992 (Revised}. The folltnvinp person ha4 elualilic;cl raid is Herewith ap stinted to a probationary status of Foliee OtTtccr in the Morton Eirove Police Department of the illa~e of Morton Grctve, Illut0is, piusuaut to the Kules and Kcgulations ofthe Fire and Police Cc»n niseinn, effective on the dart; ftrTlt~w,ing his nanic. T' T -- • ^ -- _ FsRAA'ti.' P.I3~S~RI2 Effective date ui' altpnintment is .Tune 30, 2008, whe he will report to '1'rtirting ()ITicer Ken un Snly 14, 700 '3I1 p m,, at the Cuunci] Chambers, G1IOi Capnlina Ave. Submittal by: Michael Simkins, Chairman Fire ~ I'olicc Cotitmissian C:: Fl. Hester Chief Tasch J. Wade; iZic]><3rd '1'. l~lickhtger Mn ieipal tenter G101 C'apulina Av°nuc ~ Morton iirrvc, lllinttit; fil)OS3-2985 +'~~y Tel (847) 9(5-41.00 Fax: (847) t?65-41bi1 ~'iCl i~~~~naa r„r.~~ ~>~ll~~~~ ®$ ICI[®>r~®>rn ~t>r®~~ WHEREAS, the City of Chicago has been selected by the United States Olympic Committee as the U.S. Applicant City, and the International Olympic Committee as one of four Candidate Cities for the international competition to host the 2016 Olympic and Paralympic Games; and WHEREAS, the City of Chicago and the counties and other municipalities in the metropolitan Chicago region are anxious to serve the Olympic movement by embracing and celebrating the Olympic Games; and WHEREAS, the Olympic and Paralympic Games represent the best of the human spirit, and Chicago 2016 and the United States Olympic Committee are committed to bringing the 2016 Olympics and Paralympic Games to the United States for the benefit of all and to inspire harmony locally, nationally and globally; and WHEREAS, Chicago, aworld-class city and region with remarkable diversity, culture, history and people, already holds a place in the international community as a city and a metropolitan area of immigrants from around the world who are eager to be ambassadors to visiting Olympic athletes; and WHEREAS, hosting the Games in the heartland of the country will provide a unique opportunity to enhance the development of the Olympic sport in the Midwest and across the nation; and WHEREAS, the Olympic and Paralympic Games in Chicago will provide a spectacular experience for center of the City and throughout the metropolitan region and in the midst of millions of people who are passionate about sports and will create an energetic spirit inside and outside of the venues; and WHEREAS, Chicago is one of the transportation hubs of the world and can provide accessible transportation to international visitors through extensive rail, transit and motorways infrastructure, combined with world-class international airports. NOW, THEREFORE, I, Richard Krier, Mayor of the Village of Morton Grove, Illinois, do herby support the City of Chicago and Chicago 2016 as they compete for the privilege to host the 2016 Olympic and Paralympic Games. BE IT FURTHER PROCLAIMED, the Village of Morton Grove pledges its assistance to enhance the efforts of the City of Chicago and Chicago 20].6 to host the 2016 Olympic and Paralympic Games. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Richard Krier, Village President DISTR[CT NILHS TOWNSHIP HIGH SCHOOLS June 30, 2008 Village President Richard Krier & Board of Trustees Village of Morton Grove 6101 Capulina P.~crten Grcv~, ;~ 60053 Dear Mayor Krier & Respected Board of Trustees: We would like to request permission from the Village of Morton Grove to display a banner advertising the upcoming Niles West High School 50m anniversary celebration on October 4, 2008. The request is to place a tastefully designed 5ft. x 20ft. banner at Harper Park facing Dempster Avenue, during August and September. 1Ne hope to receive an early approval for our request so that we may proceed with the design and ordering of the banner. Rosamin Bhanpuri Community Relations Department 847-626-3959 rosbha(c'~niles-hs.k12.il.us Sincere) , ti cc: Joseph Wade, Village Administrator Administrative Centee 7700 Gross Point Road • Skokie, IL 60077 847/626-3000 • fax: 847/626-3090 • www.niles-hs.kl2.il.us t,esistanve summary Ordinance 08-25 AMENDING TITLE 6, CHAPTER 2 ENTITLED DEADLY WEAPONS, OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced ~ July 14, 2008 Synopsis: This Ordinance amends Title 6, Chapter 2, to remove the total ban on the possession of handguns within the Village of Morton Grove, and to incorporate by reference certain State of Illinois Statutes regulating the unlawful use of deadly weapons. Purpose: This Code amendment will bring the Village's ordinances regulating the possession of handguns in compliance with the ruling of the United States Supreme Court in District of Columbia vs Heller which ruled individuals have a right under the second amendment to possess handguns within their place of residence. Background: On June 8, 1981, the Village Board adopted Ordinance 81-1 I which among other things prohibited the possession of handguns throughout the Village of Morton Grove including within a person's place of abode. On June 26, 2008, the United States Supreme Court, in the case of District of Columbia vs Heller, ruled the Second Amendment of the United States Constitution provides an individual right for persons to possess handguns within their residence and Laws prohibiting the possession of handguns within a person's residence are unconstitutional. The United States Supreme Court also ruled units ofgovernment have the right to impose reasonable regulations on the possession of firearms. Passage of this ordinance will bring the Village's Municipal Code in compliance with the Supreme Court's ruling. In particular, this code amendment will remove the ban on all handguns within the Village of Morton Grove as set forth in Ordinance 81-I I. The Village Code wilt incorporate by reference the following sections of State of Illinois law: 720 ILCS 5/24, sections 1, 2, 6, and 9. Section I provides it is unlawful for persons to possess certain deadly weapons such as bludgeons, blackjacks, sand clubs, metal knuckles, throwing stars, switchblades, daggers, stun guns, or laser guns, etc, it is unlawful for a person to carry a concealed weapon, or transport a weapon unless it is broken down in a nonfunctioning state or not immediately accessible, it is unlawfu] for a person to possess certain __.. _.._, ,._ a .......:........ s;..e,,..,,~ ~~,..h a~ roarh;nn a,mc anA cawed nff chnt vans- and it is IlleEal t0 Department Affected: Fiscal Impact: Source of Funds: Administrator Recommendation: from the regulations of Section 1-including law enforcement, security,and military personnel Section 6 provides for the confiscation, disposition, and return of firearms. Section 9 makes it unlawful for a person to store or leave a firearm within a premise under his or her control if that person knows or has reason to believe a minor under the age of fourteen is likely to gain access to the firearm without the permission of the minor's parent or guardian and the minor causes death or great bodily harm with the fu•earm. Copies of 720 ILCS 5/24-1, 2, 6, and 9 are ~~~' to this Legislative Summary. Police and Legal Departments Not applicable Not applicable Approved as presented First Reading: Required. -Code Amendment ~' Respectf Lyysubmitted: P ~. ~~~,J6se ' Ff Vq,de, Village Administrator ~ ~ ~, , Prepared by: u~'~~ ~ ~ " ~ ~ ~~~ Reviewed by: ~' ~--'~ ~~ Teresa Hc~ffina -^iston, Corporation Counsel Paul L.'I=asch, Jr., Pol~ hief (~2o ILCS 5fart. 24) ARTICLE 24. DEADLY WEAPONS (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) Sec. 24-1. Unlawful Use of Weapons. (a) A person commits the offense of unlawful use of weapons when he knowingly: (1) Sells, manufactures, purchases, possesses or carries any bludgeon, black-jack, slung-shot, sand-club, sand-bag, metal knuckles, throwing star, or any knife, commonly referred to as a switchblade knife, which has a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or a ballistic knife, which is a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material or compressed gas; or (2) Carries or possesses with intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, stun gun or trier or any other dangerous or deadly weapon or instrument of like character; or (3} Carries on or about his person or in any vehicle, a tear gas gun projector or bomb or any object containing noxious liquid gas or substance, other than an object containing anon-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older; or (4) Carries or possesses in any vehicle or concealed on or about his person except when on his land or in his own abode or fixed place of business any pistol, revolver, stun gun or trier or other firearm, except that this subsection (a) (4) does not apply to or affect transportation of weapons that meet one of the following conditions: (i) are broken down iri anon-functioning state; or (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card; or (5) Sets a spring gun; or (6) Possesses any device or attachment of any kind designed, used or intended for use in silencing the report of any firearm; or (7) Sells, manufactures, purchases, possesses or carries: (i) a machine gun, which shall be defined for the purposes of this subsection as any weapon, which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot without or sells, manu#actures; purchases; possesses, or carrtes any cbmbiriation of parts designed or intended fdr use in ddhverting any weapon into a machine gun; orany combination or parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person; (ii) any rifle having one or more barrels less than 16 inches in length or a shotgun having one or more barrels less than 18 inches in length or any weapon made from a rifle or shotgun, whether by alteration, modification, or otherwise, if such a weapon as modified has an overall length of less than 2& inches; or (iii) any bomb, bomb-shell, grenade, bottle or other container containing an explosive substance of over one- . quarter ounce for like purposes, such as, but not limited to, black powder bombs and Molotov cocktails or artillery projectiles; or (8}Carries or possesses any firearm, stun gun or trier or other deadly weapon in anyplace which is licensed to sell intoxicating beverages, or at any public gathering held pursuant to a license issued by any governmental body or any public gathering at which an admission is charged,. excluding a place where a showing, demonstration or lecture involving the exhibition of unloaded firearms is conducted: This subsection (a)(8) daes not apply to any auction or raffle of a firearm held pursuant to a license or permit issued by a gdvemmental body, nor does it apply to persons engaged in firearm safety training courses; or (9) Carries or possesses in a vehicle or on or about his person any pistol, revolver, stun gun or trier or firearm or ballistic knife, when he is hooded, robed or masked in such manner as to conceal his identity; or (10} Garries or possesses. on or about his person, upon any public street, alley, or other public lands within the corporate limits of a city, village or incorporated town, except when an invitee thereon or therein, for the purpose of the display of such weapon or the lawful commerce in weapons, or except when on his land or .~ in his own abode or fixed place of business, any pistol, (evolver, stun gun or trier or other firearm, except. that this subsection (a) (10) does not apply to or affect transportation of weapons that meet one of the ' following conditions: (i) are broken down in anon-functioning state; or __ (ii) are not immediately accessible; or (iii) are unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card. A "stun gun or taser", as used in this paragraph (a) means (i) any device which is powered by electrical charging units, such as, batteries, and which fires one or several barbs attached to a length of wire and which, upon hitting a human, can send out a current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning or (ii) any device which is powered by electrical charging units, such as .batteries, and which, upon contact with a human or clothing worn by a human, can send out current capable of disrupting the person's nervous system in such a manner as to render him incapable of normal functioning; or (11) Sells, manufactures or purchases any explosive bullet. For purposes of this paragraph (a) "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal. "Cartridge" means a tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap; or (12) (Blank). (b) Sentence. A person convicted of a violation of subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), or subsection 24-1(a)(11) commits a Class A misdemeanor. A person convicted of a violatidn of subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a person convicted of a violation of subsection 24- 1(a)(6) or 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person convicted of a violation of subsection 24-1(a)(7)(i) commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years, unless the weapon is possessed in the passenger compartment of a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code, or on the person, while the weapon is loaded, in which case it shall be a Class X felony. A person convicted of a second or subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3 felony. The possession of each weapon in violation of this Section constitutes a single and separate violation. (c) Violations in specific places. (1) A person who violates subsection 24-1(a)(6) or 24-1(a)(7) in any school, regardless of the time of day or the time of year, ih residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public time of year, on residential property owned; operated or managec oy a puouc Housing agency or ieasec by apublic housing agencyaspart of a scattered site ormixed=income development; on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development commits a Class 2 felony and shall be sentenced to a term of imprisonment of not less than 3 years and not more than 7 years. (1.5) A person who violates subsection 24-1(a)(4), 24-1(a)(9}, or 24-1(a)(10) in any school, regardless of the time of day or the time of year, in residential property owned, operated, or managed by a public housing agency or leased by a publjc housing agency as part of a scattered site ormixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, in any conveyance owned;Jeased, or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development commits a Class 3 felony: -- (2) A person who violates subsection 24-1(a)(1 ), 24-1(a)(2), or24-1(a)(3) in any school, regardless of the time °~ ~ of day or the time of year, in residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on the real property comprising any school, regardless of the time of day or the time of year, on residential property owned, operated or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development, on the real. property comprising any public park, on the real property comprising any courthouse, in any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or on any public way within 1,000 feet of the real property comprising any school, public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site ormixed-income development commits a Class 4 felony. "Courthouse" means any building that is used by the Circuit, Appellate, or Supreme Court of this State for the conduct of official business. (3) Paragraphs (1 ), (1.5), and (2) of this subsection (c) shall not apply to law enforcement officers or security officers of such school, college, or university or to students carrying or possessing firearms for use in training courses, parades, hunting, target shooting on school ranges, or otherwise with the consent of school authorities and which firearms are transported unloaded enclosed in a suitable case, box, or transportation package. (4) For the purposes of this subsection (c), "school" means any public or private elementary or secondary school, communiky college, college, or university. (d) The presence in an automobile other than a public omnibus of any weapon, instrument or substance referred to in subsection (a)(7) is prima facie evidence that it is in the possession of, and is being carried by, all persons occupying such automobile at the time such weapon; instrument or substance is found, except under the following circumstances: (i) if such weapon, instrument or instrumentality is found upon the person of one of the occupants therein; or (ii) if such weapon, instrument or substance is found in an automobile operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his trade, then such presumption shall not apply to the driver. (e) Exemptions. Crossbows, Common or Compound bows and Underwater Spearguns are exempted from the definition of ballistic knife as defined in paragraph (1) of subsection (a) of this Section. (Source: P.A. 94-72, eff. 1-1-06; 94-284, eff. 7-21-05; 95-331, eff. 8-21-07.) (720 ILCS 5/24-2) (from Ch. 38, par. 24-2) ' Sec. 24-2. Exemptions. (a) Subsections 24-1(a)(3), 24-1(a)(4} and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the ___ following: (1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer. (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment. (3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty. (4} Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment. (5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions. of the Privatepetective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or piace of employment, as the case may be. Persons exempted under this subdivision (a)(5) shall be required to have completed a course of study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, prior to becoming eligible for this exemption. The Department of.Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training. Such documentation shall be carried at all times when such persons are in .possession of a concealable weapon. (6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation; provided that such security guard: has Regulatioh; cdnsisting df not less than 40 hours bf training that includesthe theory of-law enforcement, liability for acts, and the handling of weapons: Apersorrshafl be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon: (7) Agents and investigators df the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission. (8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemptiorrif he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Professional Regulation. Conditions for renewal of - firearm control cards issued under the provisions of this Section shall be the same as for those issued `=' under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Such firearm control card shall be carried by the person so trained at all times " when such person is in possession of a concealable weapon. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services (g) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties. (10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act. (11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act. (12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code. (12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed. (13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff. (13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission. (14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons. (b} Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following: (1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges. (2) Duly authorized military or civil organizations while parading, with the special permission of the Governor. (3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing. (4) Transportation of weapons that are broken down in anon-functioning state or are not immediately accessible. (c) Subsection 24-1(a)(7) does not apply to or affect any of the following: (1) Peace officers while in performance of their official duties. (2) Wardens, superintendents and keepers of prisons; penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense. -- -Services-orReserv~Forces o he-I{Iinois I~f-ati - in the performance of`their official duty. - (4) Manufacture; transpdrtatibn, or sale of machine guns td persons authorized under sufidivisions (T) through (3) of this subsection to possess machine guns, if the machine guns are. broken down in anon-functioning state or are not immediately accessible. (5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually. engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph. During #ransportation, such weapons shall be broken down in anon-functioning state or not immediately accessible. (6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the developmentand supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such -- contract. The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such "" contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract. During transportation; any such weapon shall be broken down in anon-functioning state, or not immediately accessible. (d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer. (e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer. (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges. (g) Subsections 24-1(a)(11) and 24-3.1(a)(8) de not apply to: (1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty. (2) Bonafide collectors of antique or surplus military ordinance. (3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance. (4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government,. in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer. (g-5) Subsection 24-1(a}(8) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, those devices shall be _eeess~ -' ---zf~fiachedfrorrr . -- (h) An information oFindictment based upon a violation of any subsectibh of this Article need=not negative any exemptions contairietl in this Article. Ttie deferidaht shall have tfie burden of proving such an exemption. (i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card. (Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07J (720 ILCS 5/24-6) (from Ch. 38, par. 24-6) Sec. 24-6. Confiscation and disposition of weapons. (a) Upon conviction of an offense in which a weapon was used or possessed by the offender, any weapon seized _.._ shall be confiscated by the trial court. (b) Any stolen weapon so confiscated, when no longer needed for evidentiary purposes, shall. be returned to the person entitled to possession, if known. After the disposition of a criminal case or in any criminal case where a final judgment in the case was not entered due to the death of the defendant, and when a confiscated weapon is no longer needed for evidentiary purposes, and when in due course no legitimate claim has been made for the weapon, the court may transfer the weapon to the sheriff of the county who may proceed to destroy it, or may in its discretion order the weapon preserved as property of the governmental body whose police agency seized the weapon, or may in its discretion order the weapon to be transferred to the Department of State Police for use by the crime laboratory system, for training purposes, or for any other application as deemed appropriate by the Department. If, afterthe disposition of a criminal case, a need still exists for the use of the confiscated weapon for evidentiary purposes, the court may transfer the weapon to the custody of the State Department of Corrections for preservation. The court may not order the transfer of the weapon to any private individual or private organization other than to return a stolen weapon to its rightful owner. The provisions of this Section shall not apply to violations of the Fish and Aquatic Life Code or the Wildlife Code. Confiscation of weapons for Fish and Aquatic Life Code and Wildlife Code violations shall be only as provided in those Codes. (c) Any mental hospital that admits a person as an inpatient pursuant to any of the provisions of the Mental Heafth and Developmental Disabilities Code shall confiscate any firearms in the possession of that person at the time of admission, or at any time the firearms are discovered in the person's possession during the course of hospitalization. The hospital shall, as soon as possible following confiscation, transfer custody of the firearms to the appropriate law enforcement agency. The hospital shall give written notice to the person from whom the firearm was confiscated of the identity and address of the law enforcement agency to which it has given the firearm. The law enforcement agency shall maintain possession of any firearm it obtains pursuant to this subsection for a minimum of 90 days. Thereafter, the firearm may be disposed of pursuant to the provisions of subsection (b) of this Sectiori. (Source: P.A. 91-696, eff. 4-13-00.) (720 tLCS 5124-9) Sec. 24-9. Firearms; Child Protection. (a) Except as provided in subsection (c), it is unlawful for any person to store or leave, within premises under his or her control, a firearm if the person knows or has reason to believe that a minor under the age of 14 years who does not have a Firearm Owners Identification Card is likely to gain access to the firearm without the lawful permission of the minor's parent, guardian, or person having charge of the minor, and the minor causes death or great bodily harm with the firearm, unless the firearm is: (1) secured by a device or mechanism, other than the firearm safety, designed to render a firearm temporarily inoperable; or (2) placed in a securely locked box or container; or (3) placed in some other location that a reasonable person would believe to be secure from a minor under the age of 14 years. (b) Sentence. A person who violates this Section is guilty of a Class C misdemeanor and shall be fined not less than $1,000. A second or subsequent violation of this Section is a Class A misdemeanor. (c) Subsection (a) does not apply: (1) if the minor under 14 years of age gains access to a firearm and uses it in a lav/ful act of self-defense or defense of another, or (2) to any firearm obtained by a minor under the age of 14 because of an unlawful entry of the premises by the minor or another person. (d) For the purposes of this Section, "firearm" has the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act. (Source: P.A. 91-18, eff. 1-1-00.) ORDINANCE 08-25 AMENDING TITLE 6, CHAPTER 2 ENTITLED DEADLY WEAPONS, OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and' incur debt; and WHEREAS, on June 8, 1981, the Village Board adopted Ordinance 81-11 which among other things prohibited the possession of handguns in a person's place of abode. WHEREAS, on June 26, 2008, the United States Supreme Courtin the case of District of Columbia vs Heller has ruled regulations prohibiting the possession of handguns in a person's home is unconstitutional; and WHEREAS, in this decision the United States Supreme Court held the right to keep a handgun in a person's home is an individual right; and WHEREAS, the United States Supreme Court, also ruled it remains constitutional for ualits of government to impose reasonable regulations on the possession of firearms; and WHEREAS, the Village Board of Trustees wish to amend Title 6, Chapter 2 so it is in compliance with the United States Supreme Court's decision in District of Columbia vs Heller. ..N~11x7 T~NFRFF(l~~T (1RTlATI~iFT) T~2Y TNF pRF4TDEI~i'I',gNn RnARn nE.._ 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 6, Chapter 2, of the Municipal Code of the Village of Morton Grove is hereby amended to read as follows: CHAPTER 2 DEADLY WEAPONS SECTION: 6-2-1: Definitions 6-2-2: Handgun Dealer Prohibited 6-2-3: Unlawful Use of Weapons; Exemptions 6-2-4: Discharging Firearms 6-2-5: Guns or Fireanns which Pire Pellets of Paint 6-2-1: DEFINITIONS: As used in this chapter and unless the context clearly requires otherwise, the words and terms listed shall have the meaning ascribed to them in 720 ILCS 5/24 et seq. The following terms shall have the following meanings: HANDGUN Any firearm which is designed or redesigned, made or remade, and intended to be fired while held in one hand or having a barrel of less than ten inches (10") in length or a frearm of a size which may be concealed upon the person. HANDGUN Any person engaged in the business of selling or renting handguns at wholesale or DEALER retail, manufacture of handguns or repairing handguns, making or fitting special barrels or trigger mechanisms to handguns. LICENSED Any person licensed as a collector by the Secretary of the Treasury of the United FIREARM States under and by virtue of Title 18, United States Code, Section 923. COLLECTOR _- L1EE_N_~~s33~UN ~~ ~hrlr or er~a~rizatiolrerganized #$r~he-pPr~es_e~~ing~h~~ting-a4~ CLUB licensed by the Village of Morton Grove as provided by this Code. 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 currently engaged in the business of handgun dealer may continue to be so engaged for a period of ninety (90) days after the effective date of this section: 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: UNLAWFUL USE OF WEAPONS; EXEMPTIONS: A. The Village of Morton Grove hereby incorporates by reference the following sections of the Illinois Compiled Statutes as amended from time-to-time as fully restated in this section: 720 ILCS 5/24-I Unlawful Use of Weapons. 720 ILCS 5/24-2 Exemptions 720 ILLS 5/24-6 Confiscation and Disposition of Weapons 720 ILCS 5/24-9 Firearms; Child Protection B. Penalties: Any person violating subsection A shall be subject to a penalty in accordance with Title I, Chapter 4 of this Code. C. Voluntary Delivery to Police Department: If a person voluntarily and peaceably delivers and abandons to the police department any Weapon mentioned in this section, such delivery shall preclude the arrest and prosecution of such person on a charge of violating any provision of this chapter with respect to the weapon voluntarily delivered. Delivery under this subsection may be made at the headquarters of the police department or by summoning a police officer to the person's residence or place of business. Every weapon to be delivered and abandoned to the police department under this subsection shall be unloaded and securely wrapped in a package and in the case of delivery to the police headquarters, the package shall be carried in open view. No person who delivers and abandons a weapon upon this subsection shall be required to furnish identification, photographs or fingerprints. No amount of money shall be paid for any weapon delivered or abandoned under this subsection: Whenever any weapon is surrendered under this subsection, the police department shall inquire of all law enforcement agencies whether such weapon is needed as evidence. If the same is not needed as evidence, it shall be destroyed. (Ord. 85-I, 1-25-1985) 6-2-4: DISCHARGING FIREARMS: It shall be unlawful for any person to discharge firearms within the corporate limits of the Village, except at or upon duly licensed ranges constructed and maintained set forth in this Code. (Ord. 85-1; 1-25-1985) 6-2-5: GUNS ORFIREARMS WHICH FIRE PELLETS OF PAINT: __ A. Paint Guns: It shall be unlawful for any person to exhibit for sale, or to sell, give away, rent, lend or otherwise transfer, or to purchase any gun or firearm manufactured or produced for the purpose of firing or shooting pellets of paint. B. Paint Pellets: It shall be unlawful for any person holding a retail business license to sell paint in the form of pellets which explode upon projection from a gun or firearm, or for any person to ..purchase paint in such explosive pellets. SECTION 3: This ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent al owed by the Constitution of the State of Illinois, nothing in this ordinance shall be construed to render any State Statute relating to the unlawful possession or use of deadly weapons and in particular any statute set forth in 720 ILCS 5/24 et seq unenforceable. SECTION 4: 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 5: In the event this ordinance or airy 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 extent of 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. 6: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided by law. PASSED THIS 28°' day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann TrAStee-T,-hI-~.I __ ..-__.__._________._.._....._..... APPROVED BY ME THIS 28`h day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 29`x' day of July. 2008. Carol A. FritzshaIl, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-27 AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT -- FOR THE SALE OF SURPLUS REAL ESTATE AT 5821 DEMPSTER STREET WITHIN THE VILLAGE OF :MORTON GROVE Introduced: 7uly 14, 2008 Synopsis: - To authorize the V illage President to execute a contract for the sale of a surplus vacant building at the location commonly known as 5821 Dempster Street. Purpose: The sale of the surplus property will result in multiple benefits to the V illage including rehabilitating a vacant store, providing immediate revenue, generating real estate and other taxes. The pazcel was originally purchased for $205,000. Background: in September 2002 the V illage purchased four parcels of land at 5821-583 t Dempster Street in order to construct a municipal parking tot to benefit local merchants and shoppers. to 2007, federal and state funds became available for the construction of the parking tot. The parking lot was designed in such a way where only three of the four lots were required. The parking lot was subsequently built in November 2007 and did not utilize 5821 Dempster Street. Pursuant to Resolution 07-64 passed by the Corporate Authorities on December 1 Q 2007, 5821 Dempster Street was determined to be surplus property and the Corporate Authorities authorized Village staff to offer for sale and negotiate a contract for the sale of this property subject to certain terms and conditions, The resolution was subsequently published in the Morton Grove Champion and the Village secured an MAI appraisal of the site. The Village has negotiated a sale of the property to Dr. Saba Khan. The sales price, as negotiated, is for $345,000 which is more than 80% of the appraised value of the property. The contract requires the purchaser to improve the exterior facade of the property and utilize the property as a dental or multi-specialty denta! practice owned and operated by the Buyer for at least five years after ifs sale. The Village has the right to reacquire the property if these conditions have not been met. The Village also has the right of first refusal should the property he sold within fifreen years after the closing of the sale of the property. Village staff has recommended the Corporate Authorities approve this contract. or~roupsnnecrea Fiscallmpact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: The Village will gain approximately $345,000 from the sate of this property, and will in the future gain additional rea( estate and sales taxes. N/A The implementation of the sale will be done as part of the normal operations of the Legal, Community and Economic Development Departments. Approval as presented. July 14, 2008, Required This ordinance provides that it shall become effective upon its passage by athree-quarter vote of the Corporate Authorities (i.e. five votes). Respectfully submitted: ! 0', 7~f!-G~cC:Q,- "'~, Ios F. e, Village Administrator -''"^-°y Prepared by: ~~ ~ ~ )V'~ Reviewed by: '~ `~-~ Teresa Hof~t'm~~i ts'ton, Corporation Counsel William NeuendorF, Co con velop Director ORDINANCE 08-27 AUTHORIZING THE EXECUTION OF A REAL ESTATE CONTRACT FOR THE SALE OF SURPLUS REAL ESTATE AT .5821 DEMPSTER 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 owns a vacant building at a location commonly known as 5821 Dempster Street, Morton Grove, Illinois and legally described as follows: LOT 11 IN NORTHWESTERN EXTENSION REALTY COMPANY'S DEMPSTER TERMII~TAL SUBDIVISION OF PART OF LOTS 16 AND 22 AND ALL OF LOT 21 IN COUNTY CLERKS DIVISION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTIONS 19 AND 20, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PIN: 10-20-201-013-0000; and WHEREAS, this parcel of property is approximately 3,105 square feet, and is zoned in the ~~ C-0tni32er£Tal-Dis ckc.-`~"wid ____. __ ____. _. __. ._._ __. ____ _...- WHEREAS, the property currently is improved with a vacant retail store front; and WHEREAS, the Village originally purchased this property in order to construct a municipal parking lot on this site and on the Village owned property immediately west and contiguous to this site; and WHEREAS, the property was determined not to be needed for the construction of the municipal parking lot and was deemed to be surplus real estate; and WHEREAS, pursuant to Resolution 07-64 passed by the Corporate Authorities on December 10, 2007, Village staff was authorized to negotiate a contract for the sale of 5821 Dempster Street, Morton Grove, Illinois pursuant to certain terms and conditions set forth in the resolution; and WHF,REAS, Resolution 07-64 was published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove on or about December 20, 2007; and WHEREAS, the Village Administrator obtained a written MAI Certified Appraisal of the property; and WHEREAS, Village staff has negotiated a contract for the sale of the property pursuant to the terms and conditions set forth in Resolution 07-64 for $345,000.00 which is more than 80% of the appraised value of the property; and WHEREAS, the Corporate Authorities determine the acceptance and approval of the contract for the sale of 5821 Dempster to Dr. Saba Khan as negotiated by Village staff, and substantially as set forth in Exhibit "A" is in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I :The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village President is hereby authorized to execute, and the Village Clerk to attest, to a contract with Dr. Saba Khan for the sale of 5821 Dempster for a price of $345,000 plus or minus credits and prorations pursuant to terms and conditions in substantial conformity with Exhibit "A". SEC'FIflN-3;Viilag~Aztzzdnzstzatrn; Corporation Community and Economic Development, and/or their designees are authorized to take all steps necessary to finalize negotiations for said contract and implement its terms and conditions. SECTION 4: The net proceeds from the sale of this property shall be placed in the Village's reserve account and be restricted and designated for use only for Dempster Street improvements or related projects. SECTION 5: This ordinance shall be deemed an exercise of the home rule authority of the Village of Morton Grove and is intended and shall be construed to the fullest extent allowed by the Constitution of the State of Illinois to supersede any contrary or conflicting state, county, or local rule or regulation. SECTION 6: This Ordinance shall be in full force and effect from and upon its passage and approval by a vote of at least two-thirds of the Corporate Authorities then holding office, and publication according to law. PASSED this 28`" day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staaekmann Trustee Thill APPROVED by me this 28~' day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 29`h day of July 2008. carol--A. r~tzs-a i-ageZ;ler ........Village of Morton Grove Cook County, Illinois V11Admin/LegisfOrdl5821 Dempster Exxlslr «A„ PURCHASE AND SALE AGREEMENT 5821 Dempster Street, Morton Grove, Illinois THIS PURCHASE AND SALE AGREEMENT ("Agreement"), is made and entered into as of the day of July 2008, by and between THE VILLAGE OF MORTON GROVE, ILLINOIS, an Illinois municipal corporation, and a home rule unit of government ("Seller"), and Dr. Saba Khan, ("Buyer"); collectively, the "Parties", and individually, a "Party." Inconsideration of the mutual covenants and promises of the Parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. SUBJECT PROPERTY' AGREEMENT OF PURCHASE AND SALE' PURCHASE PRICE. 1.1 Subject Prooerty. Seller is the owner of certain. real property commonly known as 5821 Dempster Street, Morton Grove, Cook County, Illinois consisting of land and a vacant building thereon and legally described as follows: LOT 11 IN NORTHWESTERN EXTENSION REALTY COMPANY'S DEMPSTER TERMINAL SUBCIVISION OF PART OF LOTS 16 AND 22 AND ALL OF LOT 21 IN COUNTY CLERKS DIVISION OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTIONS 19 AND 20, TOWNSHIP 41, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PIN: 10-21-201-013-0000 ("the Subject Property') 1.2 Agreement of Purchase and Sale. According and subject to all of the provisions of this Agreement, Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Subject Property. 1.3 Purchase Price. The "Purchase Price" for the Subject Property shall be the sum of Three Hundred Forty Five Thousand and 00/100 Dollars ($345,000.00). The Purchase Price, plus or minus pro-rations hereunder and with credit given against the Purchase Price to Buyer for the _.__._.~~{'.nest-AAOn2j/-(~tOL~et~el'~Mlth - ~ re011}-Sh211_bE-paid-.by_Bl~var to Sallar in _.___. immediately available funds at Closing. Except for the pro-rations-and credits referred to m the preceding sentence; the Purchase Price shall be net#o Seller;-it-being understood #hat; except- as expressly provided herein, Buyer shall have no right or remedy of offset, abatement or deduction against the Purchase Price for any reason; including, but not limited to, any reason arising out of any facts or circumstances regarding the Subject Property, whether discovered in connection with Buyer's investigation of the Subject Property or otherwise. 2. EARNEST MONEY• CONTINGENCY PERIOD. 2.1 Deposit of Earnest Money. Within two (2) business days of the execution and delivery of this Agreement, Buyer shall deposit with the Seller or its designated agent the sum of Ten Thousand and 00/1 DO Dollars ($10,000.00) ("Initial Earnest Money"). Within two (2) business days after the contingency period, unless the Buyer has elected to terminate this contract pursuant to Section 2.2, Buyer shalt deposit with the Seller or its designated agent the additional sum of Ten Thousand and 00/100 Dollars ($10,000.00) so that the total Earnest Money to be deposited by Buyer with Seller is Twenty Thousand and 00/100 Dollars ($20,000.00) ("Earnest Money"). 2.2 Contingeney Period. Buyer shall have a period of up to thirty (30) days, or such lesser time as buyer stipulates in writing, after the contract has been fully executed and delivered to the parties ____ {"the Contingency Period") to investigate the subject property and all circumstances relating to ,_.~. Buyer's purchase of the subject property and determine in its absolute discretion whether it wants to terminate this contract. If, prior to the expiration of the Contingency Period, Buyer notifies Seller it is terminating this Agreement for any reason, then the Earnest Money (and any interest earned thereon) shall be returned to Buyer. Thereafter (except as expressly provided herein) the Earnest Money (and any interest earned thereon) shall become the non-refundable property of the Seller but applicable to the Purchase Price in the event the Parties proceed to __ "Closing" (defined later). In addition, if this Agreement is terminated because: (i) Seller is unable to convey fee simple title to the Subject Property to Buyer at Closing subject only to the "Deed Exceptions" (defined later); (ii) of a default by Seller which default is not cured within ten (10) days after receipt of written notice from Buyer specifying the particulars of such default; (iii) of a failure of the condition set forth in Section 7.2.1; or (iv) either party elects to terminate this contract pursuant to Section 6, then the Earnest Money (and any interest earned thereon) shall also be returned to Buyer. If this Agreement is terminated for any other reason, Seller shall be entitled td retain the Earnest Money (and any interest earned thereon) as liquidated damages as Seller's sole remedy against Buyer. IT IS AGREED SELLER SHALL RETAIN THE EARNEST MONEY (AND ANY INTEREST EARNED THEREON), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND THAT THE EARNEST MONEY (AND ANY INTEREST EARNED THEREON) REPRESENTS A REASONABLE ENDEAVOR BY THE PARTIES TO ESTIMATE A FAIR COMPENSATION FOR THE FORESEEABLE LOSSES WHICH MIGHT RESULT FROM A TERMINATION OF THIS AGREEMENT, IT BEING UNDERSTOOD THE AMOUNT OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT, IMPRACTICABLE OR IMPOSSIBLE TO ASCERTAIN. 2.3 Satisfaction of Conditions. On or before the last day of the Contingency Period ("Approval Deadline"), Buyer shall be satisfied, in Buyer's reasonable discretion, with the condition of the Subject Property and the results of its Inspection, and shall have satisfied (or waived) the other conditions set forth in this Section 2. If Buyer reasonably determines the conditions set forth in this Section are not (or can not be) satisfied, or that as a result of its Inspection, the Subject Property is not satisfactory for any reason, then Buyer shall so notify Seller in writing with such reasons do or before the Approval Deadline. Failure to deliver such notice by the Approval Deadline shall be deemed Buyer's approval of its Inspection and the satisfaction (and/or waiver) of the conditions set forth herein, and Buyer shall be conclusively deemed to have waived this condition and its right to terminate this Agreement pursuant to this Section. If Buyer has given such notice to Seller on or before the Approval Deadline, then this Agreement shall thereupon terminate, the Earnest Money (and any interest earned thereon) shall be returned to Buyer and the Parties shall have no further rights, obligations or liability hereunder, except as may be Subject Property and satistaction'(andlorwaiver) of the conditions set forth f5erem, or`the date Buyer is deemed to have done so, is hereinafter referred to as the "Approvalbate." 2.4 As-IslWhere-Is Sale. Buyer agrees, by the expiration of the Contingency Period, Buyer will have examined the Subject Property and be familiar with the value, character, quality and condition thereof, and with access thereto, and Buyer is relying solely upon its Inspection and knowledge in connection with the transactions contemplated by this Agreement, and except as expressly provided herein; not on any representations of Seller; its agents, employees and/or attorneys, and subject to the terms of this Agreement, Buyer shall purchase the Subject Property without adjustment to or offset against the Purchase Price. Buyer hereby affirms, except as otherwise expressly provided herein, Seller, its agents, employees and/or attorneys have not made, nor has Buyer relied upon, any representation, warranty or promise with respect to the Subject Property or any other subject matter of this Agreement, including, without limitation, any warranties or representations, expressed or implied, as to the Buyer's ability to secure financing, zoning, value, use, rents, income, expenses, operation, tax status or physical condition of the Subject Property, or any part thereof, including, but not limited to, the flood elevations, drainage patterns and soil and sub-soils composition and compaction level, and other conditions at the Subject Property, or the existence or non-existence of "Hazardous Materials' (defined later) on, under, or in the area of the Subject Property, or as to the accuracy of any survey, soils report or other plan or report with respect to the Subject Property. Without limiting the generality of the foregoing, Buyer is purchasing the Subject Property from Seller in an "AS IS", "WHERE IS" CONDITION, SUBJECT TO "ALL FAULTS", fNCLUDING, BUT NOT LIMITED TO, BOTH LATENT AND PATENT DEFECTS. BUYEf2 HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE TITLE (except as specifically set forth in the Deed) CONDITION AND USE OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.5 Additional Seller's Documents. Within five (5) business days of the full execution and delivery of this Agreement, Seller shall make available to Buyer for Buyer's inspection, copies of all surveys, environmental reports, soils tests, maps and plats located in Seller's files if any for this location, which may be copied by Buyer at Buyer's expense. Buyer acknowledges Seller's documents may be inspected as a courtesy only, without representation or warranty of any kind, and Buyer also acknowledges Buyer shall not be entitled to rely on any such materials, and that if Buyer does so, it is at Buyer's own risk. Seller shall, at Seller's expense provide to Buyer within five (5) days of closing a staked, boundary survey not less than ninety (90)days old. 3. BUYER'S INSPECTIONS.. Subject to all the terms and conditions of this Agreement, Buyer and its agents shall have the right during the Contingency Period to conduct, at Buyer's sole cost and expense and subject to the terms hereof, its "Inspection" (defined later) of the Subject Property. 3.1.1 Buyer's Inspection may include, but shall not be limited to: (i) a physical inspection of the Subject Property, including surveys, soils tests, site analyses, engineering studies, examinations of the building and improvements thereon (including structural and mechanical tests) and utility availability; (ii) an environmental investigation of the Subject Property (subject to the terms of this Agreement); (iii) investigations regarding zoning and code requirements (i.e„ Buyer shall be satisfied all public and quasi-public authorities having jurisdiction over any aspectbf Buyer's proposed development. of the Subject Property and related off-site improvements, if any, shall have issued and approved, or shall be prepared. to issue and approve, to the extent required, all site plan approvals and other approvals necessary for Buyer's proposed development of the Subject Property, excluding building permits); and (iv) economic feasibility studies and the availability of financing satisfactory to Buyer for Buyer's proposed development of the Subject Property: 3.1.2 During the Contingency Period, Seller hereby grants to Buyer a license, to enter upon the~bject- rP operrty. at~'t' sonm~s~tso~rso less th(1 priorwritten notice to Seller, for purposes of performing the Inspectidn and Seller represents ahd warrants that it has the right end authdrity to grant Buyer the rights conferred by this Section. 3.1.3 Buyer agrees it shall: (i) not endanger or do anything constituting a nuisance to, persons or property in the vicinity of the Subject. Property, nor alter (other than fdr soil or groundwater testing in accordance with this Agreement), damage or destroy the Subject Property; and (ii) repair any loss or damage caused to the Subject Property by reason of its entry. Buyer shall indemnify, defend and hold harmless: (a) Seller and any affiliate or subsidiary of Seller; and (b) the principals, directors, officers, shareholders, partners, employees, representatives, successors, assigns, transferees, agents, contractors, sub-contractors and invitees of the persons or entities listed in clause "(a)" of this sentence (each of the foregoing persons and entities in clauses "(a)" and "(b)" of this sentence being referred to hereinafter as an "Indemnitee"), from and against any and all liability, loss, damage, cost or expense (including court costs and reasonable attorneys' fees and excluding any liability solely based on Buyer's test results, but not excluding any liability based on Buyer's testing), of whatever nature and by whomever asserted, arising out of, resulting from or in any way connected with the acts or omissions of buyer, its contractors, employees or agents in connection with Buyer's access to, and Inspection of, the Subject Property. 3.2 Buyer's Environmental Inspection. 3.2.1 Buyer shall have the right, but not the obligation, to perform environmental due diligence with respect to the Subject Property during the Contingency Period. If Buyer so desires, or desires to conduct any tests or cause the surtace of the ground to be penetrated in any manner for any purpose (such as soils tests, etc.), it shall first provide a work plan and obtain Seller's written approval, such approval not td be unreasonably withheld, conditioned or delayed. A qualified consultant or contractor ("Inspector") shall perform such environmental inspection(s). The results of Buyer's inspections relating to Hazardous Materials shall be provided to Seller. 3.2.2 If this Agreement is terminated for any reason, Buyer shall immediately deliver to Seller any and all documents, plans and other items furnished to Buyer or any reports or analyses created or obtained by Buyer or the Inspector, without retaining copies thereof, except for such information Buyer deems is uniquely sensitive or proprietary, such as internal analyses, internal studies, budgets, pro formas and marketing information Buyer has ordered from its marketing consultant. All studies, data, reports, analyses, writings and communications, including any environmental studies or reports, shall be generated by the Inspector for the use of Buyer's and Seller's attorneys, and, to the fullest extent permitted by law, shall be the work product of both Buyer's and Seller's respective attorneys and shall constitute confidential, attorney-client communications and each Party shall use its best efforts to ensure that such confidence and privilege is maintained. 3:2.3 To the extent permitted by law, from and after the Closing, Buyer expressly assumes the risk any Hazardous Materials are or hereafter may be located on, under, or in the .area of the Subject Property, including, but not limited to, any Hazardous Materials that may be discovered in connection with Buyer's inspection of the Subject Property, and Buyer hereby releases and discharges the Indemnitees from and against any and all judgments, claims, expenses (including attorneys' and other consultants' reasonable fees and costs) causes of action, damages, liabilities, including, without limitation: (i) all foreseeable and all unforeseeable consequential damages directly or indirectly arising out of the presence, use, generation, storage, disposal, release or threatened release of Fraz~ous f~laferiafs on, un er or-an- a area~f~Su6e~c Prope- y; an a -e cost of any reasonably `necessary'investigation, repair,-cleanup, remediatior or detoxification df' the Subject Property and other affected property and the preparation of any corrective action, closure or other required plans or reports, to the full extent that such actions are alleged to be attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials by any person related td or involving the Subject Property. In addition, and without in any way limiting the foregoing, Buyer agrees to indemnify, defend and hold harmless the Indemnitees from and against any and all judgments, claims, expenses (including attorneys' and other consultants' reasonable fees and costs) causes of action, damages, liabilities directly or indirectly arising out of: (i) the presence, use, generation, storage, disposal, release or threatened release of Hazardous Materials on, under, or in the area of the Subject Property, unless such presence, use, generation, storage, disposal, release or threatened release is solely a result of the acts of an Indemnitees and (ii) the cost of any reasonably necessary investigation, repair, cleanup, remediation or detoxification of the Subject Property and other affected property and the preparation of any corrective action, closure or other required plans or reports, to the full extent such actions are alleged to be attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials. by any person related to or involving the Subject Property. 3.3 No Warranty by Seller; Buyer's Expenditures. Seller does not guaranty, represent or warrantany of the conditions of the subject property. Seller shall incur no liability or expense in connection with Buyer's ability or inability to satisfy any of such conditions, nor shall Seller by 4 obligated to take any action, including, but not limited to, the elimination of any defect of title or the remedying of any condition of the Subject Property. Buyer agrees that any expenditure, commitment or other action taken by Buyer pursuant to this Agreement, or otherwise in ___ contemplation of Closing, is taken by Buyer at its own risk, and that no such expenditure, commitment or action shall obligate Seller to incur any liability to Buyer or to any third party, and Buyer hereby indemnifies Seller against any such liability. 4. SPECIAL CONDITIONS OF SALE AND RESTRICTIVE COVENANTS. Seller's agreement to sell the property is predicated upon and Buyer's subsequent ownership of the property is expressly subject to the special conditions in this Section 4. At closing, Seller and Buyer shall cause restrictive covenants to be recorded against the subject property to be binding upon Buyers, their heirs, assigns and successors in interest, and which shall provide substantially the following: 4.1 Buyer to Improve Property. Buyer shall within twelve (12) months after the closing, complete significant improvements to the property. "Significant" shall mean at a minimum, an investment of approximately $100,000 to the building (not including furnishings and inventory) and must include the following: (i) rehabilitation of front (north), side (west) and rear (south) exterior fagade in a manner subject to the written approval of the Village Administrator or his designee, (ii) reconstruction, repair or rehabilitation of rear parking lot as required by the Building Commissioner of the Village; (iii) the property shall be remodeled and- improved to meet all applicable federal, state and Village regulations and codes, including without limitations all regulations pertaining to life safety and accessibility for individuals with physical limitations. The approval of the Village Administrator as to the facade and exterior improvements shall be in addition to and not in lieu of all normal approvals (Building Department, Fire Department, Appearance Commission, etc) required for this type of remodeling/construction project, and Buyer understands that the Village Administrator shall require that the quality and aesthetic improvement to the exterior fapade shall be higher than requirements set forth in the Village's Codes and regulations. In the event the subject property is not timely improved and remodeled and compliant with all applicable codes Seller shall have the right, but not the obligation, upon. 30 days written notice to Buyer, to reacquire the subject property at 90% of the purchase price plus or minus credits, accrued or outstanding utility bills, real estate taxes and other pro-rations and offsets. Buyer shall have. the same right as any other Dempster Street property or business owner to apply for any Village sponsored fapade improvement assistance program, and if the uversaibseouen{ipappliesfior5uctrassistarTCe _th~Vi __ ieatfan ire- ---- the same reasonable,expeditiousand fairmanner as it would forany otherDempsterStreet prdperty orbusiness owner. Buyer hereby adknowledges that shels not guaranteed d receive such assistance and such assistance is not a consideration of this contract. 4.2 Property to be Owner Occupied and used for Dental Practice. The property shall be used only as a dental ormufti-specialty dental practice owned and operated by the Buyer, and the property shall not be leased or sub-leased to any other person or entity except for another dentist or dental practice for 5 years after the closing date unless expressly authorized by the Seller in writing. 4.3 Legal Compliance. All construction and business operations shall be in accordance with the codes, standards, and ordinances adopted by the Village and amended from time-to-time. The Village shall use reasonable and prudent efforts to process all permit applications fairly and expeditiously. 4.4 No Tax Appeal. Buyer dr her tenants shall not appeal property tax assessment for the property for 10-years after the closing date without the express written authorization of the Village which shall not be unreasonably withheld. 4.5 Right of First Refusal. Seller shall retain the right of first refusal for property sale within 15- years of the closing date and Buyer shall not sell the property to anyone other than the Seller during that period without first offering it for sale to the Seller pursuant to substantially the same terms and conditions of a bone-fide written offer presented to Buyer by a third party. Seller shall have 30 days from the receipt of a copy of said bone-fide offer to accept said offer. 5. TITLE. 5.1 Deed. At Closing, Seller shall convey fee simple title to the Subject Property to Buyer, or Buyer's nominee, by special warranty deed ("Deed"), subject to the following "Deed Exceptions": (i) all matters of record; (ii) private, public and utility easements; (iii) roads and highways, if any; (iv) real estate taxes and special taxes or assessments, or any installments of any special taxes or assessments, nofdue and payable on or before Closing; (v) rights-of-way; (vi) drainage ditches, feeders, laterals, drain tile, pipes or other conduit; (vii) zoning laws and ordinances; (viii) all matters (including, but not limited to, encroachments) which would be disclosed by an accurate survey and/or physical inspection of the Subject Property; and (ix) all acts and/or omissions of Buyer and those acting by, through or under Buyer 5.2 Monetary Liens. Seller agrees that, with respect to monetary liens created by Seller, Seller shall, at or prior to Closing, cause such liens to be eliminated, cured or removed from title by bonding, or otherwise in a manner reasonably acceptable to Buyer. 5.3 Title Insurance. 5.3.1 Within fifteen (15) days prior to the closing of this Agreement, Seller shall cause a title commitment for an ALTA Form 1992 Owner's Title Insurance Policy ("Title Commitment"), covering the Subject Property to be issued and delivered to Buyer. 5.3.2 Buyer shall have ten (10) days after receipt of the Title Commitment to notify Seller in writing of Buyer's disapproval of any title exceptions or other matters shown thereon, and Buyer agrees not to unreasonably withhold its approval ofany such exceptions or other matters. Buyer's failure to notify Seller of its disapproval of any title exceptions or other matters shown thereon within such ten (10) day period shall be deemed Buyer's approval thereof. All exceptions or other matters shown on the Title Commitment which Buyer has not disapproved of prior to the expiration of such ten (10) day period, or which is deemed approved by Buyer, shall be "Permitted Exceptions." 5.3.3 Seller shall have ten (10) days from the date-of receiptofany notice of disapproval m Section 4.1.2 to cause such disapproved exception or matter to be removed from the Title Commitment or to commit to insure there over in a manner reasonably acceptable to Buyer; provided, Seller shall have no obligation to cause such exception or matter to be removed from the Title Commitment or to commit to insure there over. Unless Seller notifies Buyer within the ten (10) day period provided above that Seller has caused such exception or matter to be removed from the Title Commitment or has committed to insure there over in a manner seasonably acceptable to Buyer, Seller will conclusively be deemed to have elected not to cause such exception or matter to be removed from the Title Commitment or commit to insure there over. In such event, Buyer shall notify Seller within the ten (10) days from the expiration of such period as to whether Buyer shall elect to: (i) waive such exception or matter and complete the acquisition of the Subject Property in accordance with this Agreement; or (ii) terminate this Agreement. If Buyer fails to notify Seller within such ten (10) day period, Buyer shall be deemed to have elected item "(i)" above. 6. DESTRUCTION OR DAMAGE OF PROPERTY. If prior to the closing of the subject property, or any part thereof shall be destroyed or materially damaged by fire or other casualty, or by any act or occurrence other than the act of Buyer, either party shall have the option to terminate this Contract, upon written notice given to the other party within ten (10) days after such material damage. If the foregoing option to terminate is not exercised, this Contract shall continue in full force and effect. .;~+ 6 7. CLOSING. The Closing of the transaction contemplated by this Agreement ("Closing"), shall take place at the office of Corporation Counsel Teresa Hoffman Liston within sixty (60) days after the expiration of the contingency period, but in no event not later than September 30, 2008, or at such other location or __ dates mutually agreeable to the parties. 7.1 Deposits. 7.1.1 .Seller shall deposit, or cause to be deposited, in escrow with Escrow Holder, on or prior to the Closing Date: (i) a duly executed and acknowledged Deed; (ii) Se1(er's closing statement (iii) a certificate of non-foreign status in accordance with Section 1445 of the Internal Revenue Code ("Code"); antl (iv) any other documents reasonably required by Seller's Title Company to: (1) close the transactions contemplated by this Agreement; and (2) deliver the "Title Policy" (defined later) to Buyer in the form required hereunder. 7.1.2 Buyer shall deposit, or cause to be deposited, in escrow on or prior to the Closing Date: (i) immediately available funds equal to the Purchase Price plus or minus any costs, prorations or other amounts that Buyer shall be responsible to pay pursuant to the terms hereof; and (ii) any other documents reasonably required by Escrow Holder (subject to the review and approval of Buyer) to: (1) close the transactions contemplated by this Agreement; and (2) deliver the Title Policy to Buyer in the form required hereunder 7.2 Conditions. The following are conditions to the Parties' respective obligations to close: 7.2.1 Buyer shall be satisfied of the following: (i) Seller shall have performed and complied with all material agreements, covenants and conditions required by this Agreement to be perormed or complied with by Seller prior to or at the time of Closing; and (ii) Seller's Title shall be unconditionally committed to issue the ALTA Form 1992 Owner's Title Insurance Policy ("Title Policy"), in the amount of the Purchase Price, insuring fee title to the Subject Property vested in Buyer subject only to the Permitted Exceptions, and any endorsements or additional coverages (e.g., extended coverage) requested and paid by Buyer and which Seller's Title is willing to issue. ~2~SSetter_shad-1Ee satisfied-of the foli~wi__ ._ ' _ ur„_tid ~;d-eomp+ied- with all agreements,-covenants andconditions-.required by this Agreement to be performed or complied witti by Buyer prior to dr at the Closing Dater 7.3 Title Company: On the Closing Date, Seller's Title shall: 7.3.1 Deliver to Seller: (i) the Purchase Price, less any prorations or other amounts that Seller may be responsible to pay pursuant to the terms hereof; (ii} the appropriate escrow closing statement; and (iii) copies of any other documents delivered to Seller's Title in connection with the transactiorrcontemplated by this Agreement.. 7.3.2 Deliver to Buyer: (i) the Title Policy in the amount of the Purchase Price, insuring fee simple title to the Subject Property to be vested in Buyer or Buyer's nominee, subject only to the Permitted Exceptions; (ii) the original recorded Deed; and (iii) fully executed originals of any other documents delivered to Seller's Title in connection with the transaction contemplated by this Agreement.. 7.4 Apportionment of Taxes, Closing Costs, Etc. 7.4.1 Seller is a unit of government, and as such, no real estate taxes have or shall be due. for any period Seller has owned the property. Therefore Seller shall not be obligated to - -- give Buyer any credit at closing for real estate taxes. If for any reason taxes become ---~< due or owing for the period Seller owned the property, said real estate taxes shall be Seller's responsibility, and seller shall time pay said real estate taxes and indemnify and hold buyer harmless from same. From and after the Closing, Buyer agrees, and Seller agrees to cooperate with Buyer, to take all actions. reasonably necessary to notify all applicable federal, state and local governmental authorities of the change of ownership and address to which all real estate tax statements and related information with respect to the Subject Property should be mailed to insure Buyer's receipt thereof. 7.4.2 Seller shall pay the following Closing expenses: (i) the cost of the standard coverage portion of the Title Policy premium (excluding the cost of extended coverage or any endorsements or additional coverages); (ii) all State and County and Village of Morton Grove transfer taxes in connection with the transaction contemplated by this Agreement if any; and (iii) the fees and expenses of Seller's attorneys, accountants, engineers, consultants, and designated representatives. 7.4.3 Buyer shall pay the following Closing expenses: (i) the cost of recording the Deed and any other conveyance documents; (ii) the cost of all title insurance premiums for any endorsements or additional coverages requested by Buyer and which Seller's Title Company is willing to issue, including the extended coverage portion of the Title Policy premium, if any;. (iii) any Title closing service fees required by this contract or requested by Buyer's lender; and (iv) the fees and expenses of Buyer's attorneys, accountants, engineers, consultants and designated representatives. 8. ADJACENT MUNICIPAL PARKING LOT. Currently, Seller owns the property immediately west of the subject property, which is currently being maintained and operated as a municipal parking lot ("parking lot"). The parties agree Seller is under no obligation to continue to own said parking lot, or to continue to maintain or operate it as a parking lot, and this agreement does not impose any restrictions or limitations on Seller's ownership of the parking lot, nor does it give Buyer, her employees; customers and guests any special or exclusive rights to use the parking lot. Buyer acknowledges that-the property immediately to the west of the parking lot does have the exclusive right to use five (5) designated spaces within said lot. Buyer agrees not to use those spaces. 9. CONDEMNATION. If, during the term of this Agreement and prior to Closing, any entity having the power of condemnation initiates proceedings to acquire by condemnation any portion of or interest in the Subject Property (a "Taking"), which Taking materially and adversely affects Buyer's ability to a~ier ~s~rti 15e~ubj€ctPrcp~rty ttrert~t:ritrerPartys'tiafttr _- terminate-this Agreement by notice ("Taking Notice"); to the other Party given prior to'the earlier of (a) thirty (30) days following the date notice of such proceeding is given to Seller by the entity initiating such proceeding; or (b) the Closing Date; and, in the event of a termination of this Agreement pursuant to this Section, Buyer shall be entitled to the return of the Earnest Money (and any interest earned thereon). If either: (i) a Taking occurs and no Taking Notice is given prior to the applicable date; or (ii) the Taking is not of a nature as to create a right in either Party to terminate this Agreement, this Agreement shall not terminate nor shall the Purchase Price be reduced, but such. prdceeding and any condemnation relating thereto shall constitute a Permitted Exception and Seller shall assign to Buyer at Closing any and all rights Seller may have in such proceeding with respect to the Subject Property and any condemnation award relating thereto. 10. NOTICES. All notices, requests, demands, and other communications hereunder shall be in writing and shall be given by: (i) established express delivery service which maintains delivery records; (ii) hand delivery; or (iii) first-class mail, postage prepaid, to the Parties at the following addresses; or at such other address as the Parties may designate by written notice in the above manner: To Seller: The Village of Morton Grove, Illinois. c(o Teresa Hoffman Liston, Corporation Counsel 6101 Capulina Avenue Morton Grove, Illinois 60053 Phone: No.: 847/470-5220 Fax No.: 847/965-4162 To Buyer: Thomas J. Moran, 6201 W. Touhy # 204 Chicago, IL 60646. Phone No.: 773-631-6520 Fax No.: 773-631-6528 Communications may also be given by fax, provided the communication is concurrently given by one of the above methods and the sending party provides proof of transmission if requested by receiving party. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible because of the recipient's failure to provide a reasonable means for accomplishing delivery. 11. ATTORNEYS' FEES. If either Party brings or commences a legal proceeding to enforce any of the terms of this Agreement, the prevailing Party in such action shall have the right to recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court in such action. The term "legal proceedings" as used above shall include appeals from a lower court judgment as well as proceedings in the Federal Bankruptcy Court, whether or not they are adversary proceedings or contested matters. The term''Prevailing Party" as used in the context of proceedings in any court other than the Federal Bankruptcy Court shall mean the Party that prevails in obtaining a final, non-appealable remedy or relief which most nearly reflects the remedy or relief which such Party sought. 12. _. ':attributable to the failure of the'Non-Requesting Party to perform as required hereunder. The Non- Requesting Party shall not take title to or otherwise assume any liability with respect to the property to be exchanged with the Subject Property. 13. SURVIVAL. All Restrictive Covenant Provisions and Indemnity Agreements contained in this Agreement shall survive any expiration or termination of this Agreement and shall not merge into the Deed. 14. MISCELLANEOUS. TAX-FREE EXCHANGE. Seller or Buyer may each elect to have the sale of the Subject Property be effected as a part of a tax-free exchange under Section 1031 of the Code; provided, the exchange does not result in a delay or postponement of the Closing. If the Subject Property is to be a part of a tax-free exchange, the party requesting the tax-free exchange ("Requesting Party"), shall notify the other party ("Non-requesting Party"), of such fact at least fifteen (15) days prior to Closing. In the event any such exchange should fail to occur for whatever reason, the sale of the Subject Property shall nonetheless be consummated. In connection therewith, the Non-Requesting Party agrees to execute such documents as are reasonably necessary or appropriate and to otherwise cooperate with the Requesting Party to effectuate such exchange;. provided, the Nan-Requesting Party and its representatives shall have a reasonable opportunity to review such documents prior to Closing. The Requesting Party hereby indemnifies and holds the Non-Requesting Party free and harmless from any liability (including, but not limited to, the tax ramification to the Requesting Party of such tax-free exchange) arising by reason of 14.1 Binding Terms. The terms, covenants and conditions herein containedshallbe binding upon and inure to the benefit of the heirs, successors, transferees and assigns of the Parties. 14.2 No Assignment: Buyer shall not assign this Agreement or any rights hereunder to anyone except with the prior written consent of the Seller, such consent not to be unreasonably withheld. Notwithstanding, Buyer may assign this Agreement to an entity completely owned or controlled by buyer, or buyer and buyer's spouse, and such entity may take title to the property subject to the terms and conditions of this Agreement. Buyer may also assign her rights hereunder to any third party for the purpose of effectuating atax-free exchange; provided, in no eveht shall any assignment relieve the Buyer from any obligation or liability hereunder. 14.3 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof, incorporates all prior agreements, and may only be modified by a subsequent writing duly executed by the Parties. 14.4 Time of the Essence. Time is expressly made of the essence of each and every provision of this Agreement. 14.5 Jnterpretation. This Agreement shall be interpreted and construed only by the contents hereof, and there shall be no presumption or standard of construction in favor of or against either Party. 14.6 Governing Law. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Illinois. 14.7 Captions. The captions in this Agreement are for convenience only and do not constitute a part of the provisions hereof. 14,8 Applicability. If any term or provision of this Agreement, or the application of it to any person, entity or circumstance shall to any extent be invalid and unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each term and provisiorrof this Agreement shall be valid and shall be enforced to the extent permitted by law. 14.9 Authority. The individuals executing this Agreement represent and warrant they have the power and authority to do so, and to bind the entities for which they are executing. 14.10 Numbering of Days. If the last day of any time period stated herein shall fall on a Saturday, Sunday, or federal legal holiday, then such time period shall be extended to the next succeeding day which is not a Saturday, Sunday, or a federal legal holiday. 14.11 Seller's Default. If Seller defaults in the performance of its obligations under this Agreement, then Buyer shall be entitled to terminate this Agreement, and get back the Earnest Money {and any interest earned thereon). In no event shall Seller be liable to Buyer for consequential damages andlor lost profits. 14.12 =Commissians. Each Party represents +t has not entered into anycontracts with any brokers or finders nor has either Party obligated itself to pay any real estate commissions or finders' fees on account of the execution of this Agreement or the close of the transaction contemplated hereby. Based on such representations, each Party hereby indemnifies, defends and holds the other Party harmless from any claims, damages, expenses, liabilities, liens or judgments (including costs, expenses and attorneys' fees in defending the same) which arise on account of any claim made for commissions or finders' fees with respect to the transaction contemplated hereby due to the breach of any of the representations and warranties made by such Party. This Agreement has been executed as of the date first written above. THIS AGREEMENT SHALL NOT BE EFFECTIVE OR BINDING UNTIL IT HAS BEEN FORMALLY APPROVED BY THE CORPORATE AUTHORITIES OF THE VILLAGE OF MORTON GROVE "Buyer" °Seller" Village of Morton Grove, Illinois By: Bv: Name: Name: Richard Krier ~.. Title: Title: Village President __„_,,__ _____. __ 10 Attest: ay: Name: Title: Attest: ay: Name: Carol .A. Fri-tzshal-Z Title: ~'i17.age C]-erk Q:\Dempster Street\5821-31 Dempster parking lot\PUrchase and Sale Agreement for 5821 Dempster(Khan).doc (7-8-08 (5) 11 Legislative Summa-ry Resolution 08-43 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROFERTY COMMONLY KNOWN AS 6401 AND 6420 CHESTNUT STREET, MORTON GROVE, ILLINOIS Introduced Objective Purpose: Background: Programs, Departments or Groups Affected Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Administrator Approval July 28, 2008 To authorize the purchase of property commonly known as 6401 and 6420 Chestnut Street which is located within the Lehigh/Ferris TIF District This property will be laid banked for future redevelopment acid/or commuter parking and/or infrastructure improvements. Since tlae creation of the Lehigh/Ferris TIF District in 2000, the Village has acquired numerous pieces of property for possible future development. The properties located at 6401 and 6420 Chestnut Street are directly across from the Metra Station and recently became available for purchase. Following Board direction, Village staff has negotiated a contract with the owner and Mayor Krier has signed the contract subject to Village Board approval. The terms of the contract include: 1. The Purchase Price $1,390,000, 2. Closing on or before September 30, 2008, 3. The properties shall be vacant at closing. Funds for the purchase and acquisition of this property are contained in the 2008 Budget, in the Lehigh/Ferris T[F District Fund. Finance Department, Village Administrator, Legal Department, Community and Economic Development ~, Funds have been budgeted for in the Lehigh/Ferris TTF District Pund: Corporation Counsel will handle the closing of this transaction as part of her normal workload. Approval as presented. Not Required None Village Administrator Prepared by: }~`"'~~ ` '+' ' Teresa Hoff?-~a Liston, Corporation Counsel B(Il Neuendorf mn nity & Economic Develaptnent D~ ector .RESOLUTION OS-43 AUTHORIZING THE VILLAGE OF MORTON GROVE TO ACQUIRE PROPERTIES COMMONLY KNOWN AS 6401 AND 6420 CHESTNUT STREET,MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the properties commonly known as 6401 and 6420 Chestnut Street, Morton Grove, Illinois 60053 are located in the Lehigh/Ferris TIF District; and WHEREAS, to date, as part of the Lehigh/Ferris Redevelopment Plan, the Village has acquired and land banked certain properties in close proximity to the Metra Train Station for infrastructure improvements and/or additional parking and/or future redevelopment; and WHEREAS, the it is in the best interest of the Village of Morton Grove to acquire the properties commonly known as 6401 and 6420 Chestnut Street, Morton Grove, Illinois 60053 to be land banked as stated above; and WHEREAS, the Village, in its 2008 budget, appropriated sufficient funds for the purchase and acquisition of these properties; and WHEREAS, the cost to acquire these properties shall be paid from the Village's Lehigh/Ferris TIF District Fund; and -- - WHEREAS, the Village.-President and-the owner ofthe-property-have eaterlec- mto a `- -- ontract ---- or the purchase of the properties subject to the approval of the Village Board of Trustees; and WHEREAS, the terms of the contract include: The Purchase Price $1,390,000, 2. Closing on or before September 30, 2008; 3. .The properties shall be vacant at closing. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY; ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth herein thereby making the findings as hereinabove set forth. SECTION 2: The Village President and Village Clerk of the Village of Morton Grove are hereby authorized to execute a contract between the Village and the estate of Charity L. Grove for the purchase of those properties commonly known as 6401. and 6420 Chestnut Street, Morton Grove, Illinois for the sum of $1,390,000 with a closing to occur on or about September 30, 2008, with additional terms and conditions in substantial conformity with Exhibit "A".. SECTION 3: The Village Administrator, Corporation Counsel and/or their designees are hereby authorized to prepare, execute, and deliver any documents or take any steps necessary to purchase said properties pursuant to such contract. SECTION 4: 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 5: This Resolution shall be in full force and effect from and after its passage, approval and publication according to law. PASSED this 28`h day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED by me this 28th day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County,. Illinois APPROVED and FILED in my office This 29t" day of July 2008 Carol A. Eritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legiskes\2008\6401&20 chestnut purchase JUL-1H-2008 16:96 From: UYLl.A6E ~ MC82Tt7N GR 8479654162 To.18476252126 P.2~6 CONTRACT FAR THE PURCHASE OF 6401 and 6420 CHESTNUT STREET, MORTQN GROVE, ILLINOIS BETWEEN THE VILLAGE DF MDIiTON GROVE AliD THE ESTATE OF CHARITY' L, t3ROVE The VILLAGE CIF MQRTC}N CsRdVE, a municipal corporation and a home rote unli of government located in Coale County, I(Isnpis ("Village" or "Buyer") hereby agrees to purchase and Uie Estate of Charily L. Grove, ("SelleY'} hereby agrces to salt those properties.corrrnonly known aS 6401 and 6424 Chestnut Street, Morton Grove, roinerls antl legally daserltsed In Exhibit A and all improvements thereon ("the rest estate°j pursuant tp the following terms end conditlonS: 1) PURCHASE PR#CE: The Village shalt pay SeNar the sum of Onr<MXtion, Throe Hundred tJinety Thousand Dollars ($t,390,O1k?) to bri paid as tosiows: A Wkhtn two (2) business days of the execution and delivery of this Contact, the Village shalt deposft with Mct.annan Commarctal Properties inc., "Escrowee"the sum of Twenty Thousand Dollars ($20,000.00) as and tot "Earnest Money". VS'Rhin two rays after thy btcpiralion of an contingency pedods the Buyer shalt deposit with Escrowee un uddltional Eighty Thousand Dollars {$tlO.UW) so that the total Earnest t,AOney for this transact&~n shat) be One Hundred Thousand Daltars ($tnp,(H}0). The earnest ttwney shall beheld by the Escrowee subject to the terms and conditions of this Contract. The earnest money shall accrue interest for the benefit of tfie ~Ilage. D Payment at Closing. The tralance of the Purcnase Price, a~ adjusted by agreed or customary oredks and prorations Including tax proratlons, security deposits, and unpaid utilities shalt be paid in goad funds at Closing, 2} CLOSIRIG: The Closing shall take place no tator than September 30, 2006 at a ioaation mutually - the P _ -- - -- -- 9) CONTINGENCYPERI(70ANQINSPECTIONS. A The Seller shat) make available to Viitage for Village's impaction, cwpies of aA leases, security ContraClts, rent rafts, surveys, environmental reports, soils tests, maps and plats for the subject propert}r B The VlNage and Its apants shall have rho light for forty-rive (a5} days attar this contract has teen approved by the VMlage board of 7rust2es (the "Confingerxy Period") b conduct, at V'~Itage's sole cost and expense and sub}ect to the terms hereof, its'Inspection" of the 6ubject Property which may include without timltation physical inspeCliOns at the SubJect PropeHy, surveys, saHS tests, site analiyses, engineering studies, examinatipns of the buildirg and improvements thereon (including structural and mochanicat tests} environmental studies and investigations and appraisals. 3LL-18-2@2B 16:06 From:VZL1.AGE t7F h0.~RTQN C,R 3474654162 To: 16978252126 P.3~6 Contract for the P urchase of (i4Q'1 & 6420 Ghcstnui Page 2 ar fi C The Village may terminals this Contract for any reason during the contingency period, and in such event, the Earnest Money (and any Interest earned thereon) shalt be returned to Vlitage. d SeiDer regsresents antl warrants that there are no tenants occupying the real esta;e.and that the real estate shall be vacant at clasiny: E Unlaess the Village has terminated the contract pursuant to 3C above, tfre Earnest Money sr+ras become non-refundable except in the event of a default by Seller, and shaft be apulied to the Purchat>e Price atthe closing. 4} TAX PROBATIONS: At absing, Seller shall pay the 2007 real estate taxes in fuN and shau prorate the 200{9 real estate taxes at 1 t 0°k of the 2007 lax bill through the date of dlastng. 5) TITLE: r4f Seller's expcvrse. Seller will deliver or cause to be delivered to the Village within flue (S) days h advance of Cosing, as evtdence of title in Seger, a nue commitment for an AI.TA title insurance poircy in the amount of the Purchase Price with extended Coverage by 3 title Company mutually acceptable to the parties issued ms ar subsequent to the date of Acceptance of this Gontrect, subteci only to items listed in Paragraph 7, Ths parties shall each pay {heir respacttve usual and customary share of the additional tills dtarges and the parties shelf equally pay for any deEd in money Ct4SItY) escrow incurred as a result of this transaottan.l[ the title commitment discloses any exceptions not acceptable to Village, then Seller shah have said exceptions or encroacnrnents removed, o-r, with Buyer's approval, have the tMle Insurer Commit to Insure against loss or damage that may be Caused by such exceptions or encroachments, If Setter faits to have unpermittad exceptions waived ar 6tie insured over prtprtp G(asing, Vlitage may elect to take the title as'rt Then is, wish the right to deduct from the Purchase Price prior encumbrances at a definite or ascertainable amount as shall bs reasonably agreed by the parties. Seller shalt famish Vilage at Glaring an Affidavit of Title covering the date of Cbsing, and shall sign any otner customary forms re:4uired fur issuance of an ALTA insurance Policy. B) SURVEY. Within-seven days,prior to Casing, 5efler hailfurnisha stakedAl.TA survey dated within 90 days of dosing showing ai! btxuidariss, riflhts cf way, easements, and set oack Ilnas arxi evidendun~ that the property is free of aR encroachments. 7) OEEp: Salter shat) Canvey or Cause b be Canveyad to the ~flage good and merchantable title to the Real Estate by recordatNe general Warranty Deed subject ~ty to: garters{ real estate taxes not duo and payable atthe time of Closing, covenants, conditions, and rastriceians of record, huilding ttnaS and easements, K any, s0 tong as they do net htlartere with the current use atnY an)oyr:>fint of the real estate. S) POSSESSION: AI Closing, the Seller shau surrender the property devoid of tenants and free and clear of any teases. Ths property shad he in broom clean condition with all persona{ property removed. JUL-IB-cL:08 16:r~6 From:UILL(af~E DF FgRTON G~4 9479654162 To:1897B25z1i1a P.4f6 CpntraCt rorth9 purchase of 646f & 4429 Chestnut Page 3 of 5 9) 5Et.LER REPRESENTATIONS: Seller rapresatlts teal al! laaaea and tenancies have peen fuAy disclosed to Village, that Seller has not received written notice from any Govemmentat body of (a} zoning. bullding, fire or health cede violatlons that have not been corrected; {b) any pending rezoning; or (c) a proposed or confirmed specia(assessmeM and for special service area attesting the Real Estate. Seller further represents blot Seller has no knowledge of txwndary line disputes, easem~ants w claims of easement not shown by ttte public records, any hazardous waste on the Real Eatata x any improvements for ufiich the required permits wens not abtatned, 10) MAMTENRNCE OF PROPERTY. The pro~rty {IncWtliilg the bullding and tnegrounds} shat! be maintained in the same condition as found on the date of the Ganlracl, Harms! wear and tear, except®d. 11) OESTFtUCTIpN OR QAMAGE OF PROPERTY. t! prior to the dosing of the subject property, or any part drereo# snail be daa-troycd ar materially damaged by fire or other casualty, the Vilage shall nave the option to terminate this Contract, upon written notir~ given to the other party within ten {30}days after such material damage. fn such an event, the earnest money shat) be returned to the lriliaga. if the foregoing opton to terminate is not exerGsacl, tnis Contract shalt continue in full force and effect, and the Buyer shall assign its Interest in any insurance policies 9ovaring the property at the time of the rare ar casualty. 12) DEPALLLT: Seger shalt be responsible for aft damegea, reasonable costs and expanses tndiuding ettamey's fees due to the failure of the Seiler tv comply w+th the terms of this Contrect. The Villago snail be responsible for ail damages, reasonable costs and expanses, 6tdudirtg attorney's fees Inrxured by the Seller, in excess of anyearnest money retained try SeHardue the EsiNre of the ~Itrege to comply with the terms of this Contract. 13) NOTICIc: Aq notices required shaft be in writing and shah be delivered by personal delivery; by sanding-facsimile transmisslan whichahali Ue effedive as of dataand lima ofifaasimile' transmission, provided that the notice transmitted shah be sent on buslnt35s dot's durlnrj business hours ('fax} A.M, to 5:00 P.M. Chicago time). !n the avant fax notice is transmitted during non- business flours; the effective date and Ume of rtatice is itre f rst hour of the first business day after transmission. Notices to the Setter shad ba mailed or faxed fo Susan Rice clo R Insurance Agency 1~F20 Renais:aence Orive, Suits 401, Park Ridge, Hlinots 60068; Sax: (7 j 2g9.46gd; with copy to: Oavid P. Cudnowsk6, Attorney, 330 tJ, Wabash Avenue Sl~a 2604, ChiggO Illinois 611811 (phone 312- 595.10<40 and fax 312.595.1041. Notices to ttxj Village snail be mailed or faxed to Teresa Hoffinam t_iston, Corporation Counsel, 5101 Gaputina Avenue, Monan Grove, t9lndis 60053; fax: 847.96.>-4162. JILL-18-21309 15:~ F"r om:UTLLRGE ~ MOf2TON G4 8479fx5g162 To: 18?78252125 P.5~6 Canhaat for the Purchase of 6401 & 6d2~ Chesmut Page d of 5 t4} MI;SCELLANJEOUS; A Time is of the essence of this Ganiraut. B The Seiler shah pay For all County. State aril Municipal Ir2nsfer takes If required by law. C All tllsputes related to the construMion or enforcement of these terms and prov;siona shall be governed by the taws of the State of Ilthtols antl ere subject to the covenant of good faith and fair dealing imptiad in ail NNnots canlracts. ^ The terms of this c~ttactand al! related negottatians shaft be kept canfidaniial to the extent allowed by taw until the end of the con~rtgency pGriotl, E Th1s contract is subject tb a tan {t0} day attorney reWaw p:riod. The parties agree to mrnply with the reporting regtNrements of the applicable sections of the IntornaE Revenue Code and the Reat Estate SetUemenl Procedures Act of 1974, as amended, Thls GontratcE has Veen ex9CUted a9 of (/a, _~,~ ~ S.fiift. , 2008 (the Contract date). THIS CONTRACT SHALL Nt~T BE BIN7D(tN~G U~N~TIL IT HAS BEEN APPROVED BY THE CORPC7RATEAtJTHpRITIES OF THE VILLAGE t]F MORTON GROVE. "Seger" .p .,Buyer" ~4~~%~-~: ~~}~dr_~~>~,. Vit~g Orton Gr v tl i jJ ~ t~lwn , By: I~lsO.x.• Byt ---- - --- Name: - ~USrzv1 r`ce Name: RichaidtCrier 7itte: ~»~rvt7~lr-ct'1..- Tttie Uliaj~e Pfesidtant Attest: By: Name: Title; Attest: By: Nama~ Title: Q 1Leidst, Ferris TIFl9rte Et8401 Chestnut (also ~e tid2ellConrrect 6461 &6420 Chestnut r• 19.OO.drrr. SLIL-19-29HB 16:07 Fran: VILLAGE ~ MORTOh GR B47%54162 To: 19479252126 A.6~6 Contract far cho Purohasc of 6401 8 6420 Chestnut Page G oc r Exhibit A INSERT P!N AND IEGAL DE5CRiPTIDN HERE Legislative Summary RESOLUTION 08-46 TAX ABATEMENT RESOLUTION FOR 2007 TAX LEVY RELATING TO ORDINANCE NO 07-26 Introduced: Synopsis Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: July 28, 2008 This resolution authorizes an abatement of taxes levied for 2007 which are collected in 2008 in the amount of $398,667. The passage of this resolution is necessary to authorize and direct the Cook County Clerk not to collect property taxes for interest payments in the aniount of $398,667 due in 2008 representing Debt Service on the 2007 General Obligation Bonds. On October 8, 2007, pursuant to Ordinance 07-26, the Village Board. issued $9,200,000 in general obligation bonds, Series 2007. The bonds were issued as general obligation bonds in order to obtain more favorable interest rates. Since they are General Obligation bonds, the Village is required to levy taxes sufficient For principal and interest payments. In 2008, interest payments in the amount of $398,667 are due. In order for the County Clerk not to increase the Village's levy by this amount, it is necessary to pass this abatement resolution. If this resolution is adopted, the Village's tax levy after abatements will remain at $9,357,882 for 2007 and payable in 2008. Finance Department If adopted, this resolution shall maintain the levy for property taxes as previously adopted. --_--_ - Soarce of Funds: NtA Workload Impact: N/A Administrator Approval as presented. Recommendation: First Reading: None required Special Considerations A certified copy of this resolution must be filed with the Cook County Clerk, or Requirements: Respectfully . ,~~b,,mitted C> , 4.1tu2•Gj-- ~ ~---.-."ds'e 7F W~e, Village Administrator ~ , ~'''~ Reviewed by: ~~ .~ ' ~~ Prepared bX ~~_ Teresa IJoEfi pan Liston, Corporation Counsel llaniela Partipilo, Finance Director reasurer RESOLUTION 08-46 TAX ABATEMENT RESOLUTION FOR 2007 TAX LEVY RELATING TO ORDINANCE NUMBER 07-26 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 fmiction pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village of Morton Grove (VILLAGE) has issued NINE MILLION TWO HUNDRED THOUSAND DOLLARS ($9,200,000), General Obligation Bonds, Series 2007, providing financing for various land acquisitions and related purposes for the LehiglT/Ferris Tax Increment Financing area, and which provided for the levy and collection for direct annual tax for the payment of the principal and interest of said bonds for the year 2007 through 2024 at an interest rate of 4.00%, pursuant to Ordinance 07-26, passed by the President and Board of Trustees of said VILLAGE on October 8, 2007, certified copy of said ordinance having been filed in the Office of the County Clerk on October 25, 2007; and WHEREAS, said note is designated as "General Obligation Bonds, Series 2007" dated November I, 2007, in the aggregate principal amount ofNINE MILLION TWO HUNDRED THOUSAND DOLLARS ($9,200,000), and shall be due and payable on December 1, 2024, having -.- incxailrx~a~ * ,a ~.i T 1 r}d-I~Fgrrala~n-l-thre»gh-2~24- WHEREAS, provision has been made in said ordinance for the levy of taxes for the year 2007. sufficient to produce the amount of THREE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS ($398,667) for said payment of interest on said bond up to and including December 31, 2008; and WHEREAS, the County Clerk is required to collect taxes in addition to those taxes levied pursuant to Ordinance 07-33 in the amount of THREE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS ($398,667) unless the Village adopts an abatement resolution; and WHEREAS, the Village desires the pay this obligation from sources other than property taxes, and has appropriated revenue from the Lehigh/Ferris TIF Fund in the amount of THREE HUNDRED NINETY EIGHT THOUSAND SDI HUNDRED SIXTY SEVEN DOLLARS ($398,667) to pay said interest on said Bonds and said funds shall be separately designated for the payment of interest due as heretofore specified when the above indebtedness is due. NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: There shall be abated for the Levy of taxes for the tax year 2007 for taxes wlrich are collected in 2008 in the amount of THREE HUNDRED NINETY EIGHT THOUSAND SIX HUNDRED SIXTY SEVEN DOLLARS ($398,667) leaving the net property tax levy with respect to Ordinance 07-26 ZERO ($0), for said tax year as provided in an ordinance entitled: ORDINANCE 07-26 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A $9,200,000 GENERAL OBLIGATION BONDS, SERIES 2007 OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS Adopted by the President and Board of Trustees of the Village on October 8, 2007, certified copy of which was filed with the County Clerk of Cook County, Illinois, on October 25, 2007. SECTION 3: The Village Treasurer is hereby authorized to set aside and designate those funds necessary to pay-said debt service payment as stated above from-the Lehigh Ferris TIF Fund SECTION 4~ The Village Treasurer is hereby directed to file with the County Clerk of Cook County, Illinois, a certified copy of this Resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 28th day of 7nly 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 28`h day of July 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 29~~' day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ~- RESOLUTION 08-47 TAX ABATEMENT RESOLUTION FOR 2007 TAX LEVY RELATING TO ORDINANCE N0~07-33 Introduced: Synopsis Purpose: Background: or Grouns Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted July 28, 2008 This resolution will reaffirm the Village's tax levy after abatement in the amount of $11,852,246 as approved by the Village Board pursuant to Ordinance 07-33. The Cook County Clerk's office has requested the Village Board pass this abatement resolution to reaffirm the correct levy amount as amended since the final adopted levy ordinance, Ordinance 07-33, provided for a reduction in the levy from the amount as originally presented in the amount of $45,990 and the supporting documentation was different from the final levy amount. Every year the Village in December adopts its tax levy ordinance. The adoption of this ordinance is a prerequisite before the County Clerk can collect taxes from property owners within the Village. The Village Board originally voted down Ordinance 07-33 which requested a levy in the original amount of $ i 1,898,236. The Village Board then, in a special meeting, amended the ordinance to reduce the levy by $45,990 to provide for a total net levy after abatements in the amount of $11,852,246. Ordinance 07-33, as amended, reflected the proper amount of the levy. A certified copy of this ordinance was sent to the County Clerk; however, supporting documentation accompanying the ordinance indicating the amount to be levied for various Village funds reflected the original requested levy amount ($11,898,236). In order to reaffirm the Board's intent to provide for a reduced levy for 2007, the County Clerk's office has requested the Village Board adopt ali abatement resolution to abate property taxes in the amount of $45,990, and to reaffirm. the Village's levy after abatements in the amount of $11,852,246. None, this resolution reaffirms the prior actions of the Board pursuant to Ordinance 07-33. N/A N/A Approval as presented. None required A certified copy of this resolution shall be filed with the Cook County Clerk. r~ Administrator Prepared by: ~"~ - '~~ Teresa o ~ n Liston, Corporation Counsel J \ )~~ Reviewed-~~. sz ~\/` Damela Partip~ o, Finance Director/Treasurer RESOLUTION 08-47 TAX ABATEMENT RESOLUTION FOR 2007 TAX LEVY RELATING TO ORDINANCE NUMBER 07-33 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 of Morton Grove (VILLAGE) pursuant to Ordinance 07-33 adopted its 2007 levy to be collected in 2008 in the final total levy amount after abatement amounts of ELEVEN MILLION EIGHT HUNDRED AND FIFTY TWO THOUSAND TWO HUNDRED AND FORTY-SIX DOLLARS ($11,852,246). A certified copy of this ordinance was sent to the County Clerk as required by law; and WHEREAS, Ordinance 07-33, as initially introduced on November 26, 2007, requested a total levy after abatement in the amount of ELEVEN MILLION EIGHT HUNDRED AND NINETY-EIGHT THOUSAND TWO HUNDRED AND THIRTY-SIX DOLLARS ($11,898,236). This levy amount was the amount prepared by staff pursuant to the budget workshops which had been held from October through December 2007; and WHEREAS, Ordinance 07-33, as originally presented, was not passed by the Village Board; and WHEREAS, on December 13, 2008, the Village Board met in a special meeting to reconsider (1rrl;r,anrA (1'7_'22__~~P R.. ..r.i;.,~„~A to ro.i,,..a rhA t,.tal_l x-Cn~nt-ta -- - ar~Lt~ndefl-tl~sT..__._.~. ,.~„~,..o~ ~.,~z9. €a~;~after aba -- - ----- ELEVEN MILLION EIGHT HUNDRED AND FIFTY:TWO THOUSAND TWO HUNDRED AND _ FORTY-SIX DOLLARS ($11,852,246); and WHEREAS, Ordinance 07-33, as amended, passed the Village Board on December 13, 2008; and WHEREAS, the supporting documentation attached to Ordinauce 07-33, provided budget and levy amounts for a levy after abatement in the amount of ELEVEN MILLION EIGHT HUNDRED AND NINETY-EIGHT THOUSAND TWO HUNDRED AND THIRTY-SIX DOLLARS ($11,898,236); and WHEREAS, the County Clerk has requested the Village adopt an abatement resolution to reaffirm the Board's final actions in Ordinance 07-33 and to direct the County Clerk to collect a levy in the amount of ELEVEN MILLION EIGHT HUNDRED AND FIFTY TWO THOUSAND TWO HUNDRED AND FORTY-SIX DOLLARS($11,852,246). NOW, THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHI/REAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: There shall be abated for the levy of taxes for the tax year 2007 for taxes which are collected in 2008 iri the amount of FORTY-FIVETHOU5AND NINE HUNDRED AND NINETY DOLLARS ($45,990) leaving the net property tax levy for the Village of Morton Grove after abatements in the amount of ELEVEN MILLION EIGHT HUNDRED AND FIFTY TWO THOUSAND TWO HUNDRED AND FORTY-SIX DOLLARS ($11,852,246). SECTION 3: The Village Finance Director/Treasurer is hereby directed to forward to the County Treasurer Exhibit "A" attached hereto which indicates the amount to be levied for various Village funds. SECTION 4: The Village Finance Director/Treasurer is hereby directed to file with the County Clerk of Cook County Illinois a certified copy of this resolution. SECTION 5: This Resolution shall be in full force and effect from and after its adoption. PASSED this 28th day of July 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 28th day of July 2008. Richard Krier~ V111age President Village. of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 29th day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Budget Levy Amount GENERAL CORPORATE FUND Administration -Legislative Personal Services Salaries-Regular 35,000 0 Salaries-Part Time 18,000 0 Stipends 19,000 0 Social Security 3,500 0 TOTAL PERSONAL SERVICES 75,500 0 Contractual Services Dues & Subscriptions 18,000 0 Meetings And Conferences 2,525 0 Official Village Business 7,750 0 Community Relations 8,050 0 TOTAL CONTRACTUAL SERVICES 36,325 0 Commodities Operational Supplies 2,500 0 TOTAL COMMODITIES 2,500 0 TOTAL LEGISLATIVE 114,325 0 Administration -Village Administrator Office Personal Services Salaries-Regular 343,900 0 Salaries-Part Time 17,000 0 Longevity 3,200 0 Longevity -Auto Allowance 6,365 0 Social Security 25,000 0 __ - IMRF Employer Contribution - - - 21,883 __ 21,883-- - Employer Contribution to 457 Plan 5,150 0 TOTAL PERSONAL SERVICES 465,498 21,883 Contractual Services Due & Subscriptions 3,300 0 Meetings And Conferences 2,175 0 Training & Instructions 350 0 Employee Relations 5,550 0 Personnel Recruitment 2,500 0 Professional Services 18,800 0 Postage & Meter Rental 6,000 0 Maintenance Of Non Auto Equip 700 0 TOTAL CONTRACTUAL SERVICES 39,375 0 Commodities Operational Supplies 3,000 0 TOTAL COMMODITIES 3,000 0 TOTAL ADMINISTRATION 507,873 21,883 Budget Levy Amount Administration -Legal Personal Services Salaries-Regular 99,230 0 Social Security 9,591 0 IMRFEmployerContribution 9,129 9;129 TOTAL PERSONAL SERVICES 117,950 9,129 Contractual Services Dues & Subscriptions 7,000 0 Meetings And Conferences 1,500 0 Publication and Misc Fees 3,000 0 Retainer Of Village Prosecutor 20,000 0 Additional Legal Fees 235,000 0 Administrative Adjudication 6,000 0 TOTAL CONTRACTUAL SERVICES 272,500 0 TOTAL LEGAL 390,450 9,129 Administration -Economic Development Personal Services Salaries-Regular 77,072 0 Salaries-Part Time ~ 10,000 0 Social Security 6,800 0 Hospitalization Insurance 4,860 0 IMRF Employer Contribution 7,201 7,201 Auto Allowance 1,200 0 TOTAL PERSONAL SERVICES 107,133 7,201 Contractual Services -- - _, Mil~aae~,+lowanee __ __-w0 - 0 - -Dues & Subscriptions Meetings And Conferences Economic Development Commission Printing And Publishing Telephone 1,400 4,200 1, 000 6,000 225 TOTAL CONTRACTUAL SERVICES 13,025 Commodities Office Supplies 1,000 TOTAL COMMODITIES 1,000 TOTAL COMMUNITY & ECON DEVELOP 121,158 TOTAL ADMINISTRATION 1,133,806 Finance Personal Services Salaries-Regular 330,000 Salaries-Part Time 15,000 Salaries-Seasonal/Temporary 9,891 _ p 0 0 0 0 0 0 7,201 38,213 0 0 0 Budget Levy Amount Longevity 1,950 0 Social Security 25,000 0 Hospitalization Insurance 73,D00 D IMRFEmployerContribution 20,185 20,185 Retiree Health Expense 243,800 0 TOTAL PERSONAL SERVICES 718,826 20,185 Contractual Services Dues & Subscriptions 2,000 0 Meetings And Conferences 2,700 0 Training & Instructions 1,500 0 Professional Services 45,000 0 Postage & Meter Rental 34,500 0 Printing And Publishing 15,000 0 Equipment Lease/rental Pymts 15,000 0 Utilities Telephone 80,000 0 Maintenance Of Non Auto Equip 1.3,300 0 Self Insurance/irma Pool Contr 913,400 0 Bank fees and charges 18,000 0 Contribution to CNA Fund 325,815 325,815 Replacement tax transfer expense 25,000 0 TOTAL CONTRACTUAL SERVICES 1,491,215 325,815 Commodities Operational Supplies 20,000 0 TOTAL COMMODITIES 20,000 0 Transfers Transfer to Debt Service Fund 137,162 0 TOTAL TRANSFERS 137,162 0 TOTAL FINANCE 2,367,203 346,000 Finance-Information Technology -e -Q~ral SQ~es - - __._ - --- Salaries-Rpgutar- -~3~ 58 0 Social-Security 6,361 0 Hospitalization Insurance 16,900 0 IMRF Employer Contribution 7,650 7,650 TOTAL PERSONAL SERVICES 114,061 7,650 Contractual Services Dues & Subscriptions 900 0 Meetings And Conferences 850 0 Training & Instructions 13,000 0 Professional Services 105,171 0 Programming & Software fees 94,125 0 Telephone 1,500 0 Utilities Internet Connection 20,300 0 Maintenance Of Computers 42,488 0 TOTAL CONTRACTUAL SERVICES 278,334 D Commodities Operational Supplies 2,550 0 TOTAL COMMODITIES 2,550 0 Capital Outlay Machinery & Equipment 68,700 0 TOTAL CAPITAL OUTLAY 68,700 D Budget Levy Amount TOTAL Information Technology 463,645 7,650 Finance-Reserve Reserves Reserve For Emergency/extra Ex 75,000 0 Reserve For Unemployment Comp 3,000 0 Reserve For Irma Deductibles 65,000 0 Reserve For Compensation 25,000 0 Reserve For Retirement (sli) 15,000 0 TOTAL RESERVES 183,000 0 TOTAL FINANCE 3,013,848 353,650 Police Personal Services Salaries-Regular (Non-Union) 1,277,300 0 Salaries-Regular (Union) 2,795,000 2,200,000 Salaries-SeasonallTemporary 116,500 0 Salaries Overtime 150,000 0 Holiday Pay 97,000 0 Police Court Time 60,000 0 Longevity 40,000 0 Social Security 102,000 0 Hospitalization Insurance 678,700 0 IMRF Employer Contribution 47,000 47,000 TOTAL PERSONAL SERVICES 5,363,500 2,247,000 Contractual Services Dues & Subscriptions 14,749 0 Meetings And Conferences 2,150 0 Training & Instructions 41,225 0 Employee Relations 4,025 0 -__E~ersonnel Recruitment _ Z f~OR_ _4 ....Postage _ 250 0 Printing And Publishing 6,200 0 Abandon Auto Removal 250 0 Equipment LeaselRental Pymts 8,400 0 Telephone 5,400 0 Maintenance Of Equipment 82,085 0 Community Relations 1,200 0 Mutual Aid 8,550 0 Central Dispatch 721,700 0 Speciallnvestigations 2,650 0 Pension Contribution Expense 1,244,559 0 TOTAL CONTRACTUAL SERVICES 2,150,993 0 Commodities Operational Supplies 27,380 0 Office Supplies 8,938 0 Uniform Purchase & Replacement 53,035 0 Guns & Ammunition 19,845 0 Crime Prevention Expense 2,700 0 TOTAL COMMODITIES 111,898 0 Capital Outlay Machinery & Equipment 73,800 0 Motor Vehicles 88,000 0 Budget Levy Amount TOTAL CAPITAL OUTLAY 161,800 0 TOTAL POLICE 7,788,191 2,247,000 Fire Personal Services Salaries-Regular (Non-Union) 620,000 0 Salaries-Regular (Union) 3,030,000 2,200,000 Salaries-Part Time 37,000 0 Salaries Overtime 297,000 0 Holiday Pay 159,500 0 Longevity 41,300 0 Social Security 48,000 0 Hospitalization Insurance 651,200 0 IMRF Employer Contribution 1,975 1,975 TOTAL PERSONAL SERVICES 4,885,975 2,201,975 Contractual Services Dues & Subscriptions 16,913 0 Meetings And Conferences 2,550 0 Training & Instructions 22,200 0 Employee Relations 11,900 0 Personnel Recruitment 3,200 0 Printing And Publishing 2,500 0 Equipment Lease/rental Pymts 9,240 0 Telephone 4,000 0 Maintenance Of Equipment 15,000 0 Maintenance Of Radio Equipment 8,400 0 Regional Emergency Dispatch 171,000 0 Pension Contribution Expense 1,422,190 0 TOTAL CONTRACTUAL SERVICES 1,689,093 0 Commodities Fires PravEtltloltSUp~llac 7 RSF ~ f~perational Supplies..: 10,000 0 Janitorial Supplies 4,200 _0 Paramedic Program/supplies 19,665 0 Office Supplies 4,500 0 Hazardous Material & Supplies 5,500 0 Operational Equipment 15,550 D Hose Fittings/suppression Equi 8,800 0 Uniform Purchase & Replacement 24,194 0 TOTAL COMMODITIES 100,064 0 TOTAL FIRE 6,675,132 2,201,975 Fire-Civil Preparedness Personal Services Salary ESDA Coordinator 1,200 0 Social Security 92 0 TOTAL PERSONAL SERVICES 1,292 0 Contractual Services Mileage Allowance 50 Dues & Subscriptions 55 Meetings And Conferences 120 Training & Instructions 700 Budget Levy Amount Personnel Recruitment 500 0 Printing And Publishing 100 0 Equipment Lease/rental Pymts 1,782 0 Telephone 400 0 Maintenance Of Non Auto Equip 1,712 0 Maintenance Of Radio Equipment 600 0 TOTAL CONTRACTUAL SERVICES 6,019 0 Commodities Operational Supplies 1,350 0 Uniform Purchase & Replacement 2,000 0 TOTAL COMMODITIES .3,350 0 Capital Outlav Machinery & Equipment 2,500 0 TOTAL CAPITAL OUTLAY 2,500 0 TOTAL ESDA 13,161 0 TOTAL FIRE 6,688,293 2,201,975 Public Works -Streets and Sidewalks Personal Services Salaries-Regular 1,082,000 367,260 Salaries-Part Time 33,500 0 Salaries-Seasonal/Temporary 20,000 0 Salaries Overtime 98,000 0 Longevity 18,425 0 Social Security 97,000 0 Hospitalization Insurance 223,900 0 IMRF Employer Contribution 10.,800 10,800 TOTAL PERSONAL SERVICES 1,583,625 378,060 Contractual Services c r i p t i o n Dues & S u b s s .5,400 0 ,,. 1 . , . ~~ ~~ ,, ~~ ,,~~ ~,,,, Fp, ,,,, . _ ~APPtJ~~Ey~y~y~,y.{iCLpftl'PC _ Inn _ ~_ [rammg t~.Instruction-. ruu o- __.._ ....Employee Relations.. 1,500.. 0 Tree Replacement 30,000 0 Tree Trimming 30,000 0 Landfill Expense 35,000 0 Construction Services 25,000 0 Telephone 4,000 0 Utilities Street Lighting 135,000 0 .Maintenance Of Equipment 4,000 0 TOTAL CONTRACTUAL SERVICES 271,300 0 Commodities Operational Supplies 16,000 0 Janitorial Supplies 1,550 0 Office Supplies 1,500 0 Landscaping Materials 7,500 0 Construction Materials 18,000 0 Street Sign Materials 25,000 0 Operational Equipment 27,500 0 Uniform Purchase & Replacement 4,800 0 TOTAL COMMODITIES 101,850 0 Capital Outlay Machinery & Equipment 139,200 D Budget Levy Amount TOTAL CAPITAL OUTLAY 139,200 0 TOTAL PUBLIC WORKS-STREETS 2,095,975 378,060 Public Works -Engineering Personal Services Salaries-Regular 225,000 0 Salaries Overtime 5,000 0 Longevity 425 0 Social Security 17,750 0 Hospitalization Insurance 38,171 0 IMRF Employer Contribution 18,300 18,300 TOTAL PERSONAL SERVICES .304,646 18,300 Contractual Services Dues & Subscriptions Meetings And Conferences Training & Instructions Employee Relations Printing And Publishing Engineering Services Equipment Lease/rental Pymts 1,100 0 700 0 1,200 0 250 0 1,000 0 12,000 0 200 0 Telephone 700 0 TOTAL CONTRACTUAL SERVICES 17,150 0 Commodities Operational Supplies 1,500 0 Office Supplies 500 0 Uniform Purchase & Replacement 700 0 TOTAL COMMODITIES 2,700 0 TOTAL PUBLIC WORKS-ENGINEERING 324,496 18,300 Public Works-Solid Waste (`nnfrarfi ml,~g,~pp~ _ _ __ Yard Waste Program,;: 8D,DOD 0 Residents Waste Collection Fees - 235;000 - - 0- -- Swancc Tipping/disposal Fees 430,000 0 Swancc Debt Contribution 28,000 0 TOTAL CONTRACTUAL SERVICES 773,000 0 TOTAL PUBLIC WORKS-SOLID WASTE 773,000 Public Works -Vehicle Maintenance Personal Services Salaries-Regular 233,300 0 Salaries Overtime 20,000 0 Longevity 2,700 0 Social Security 19,800 0 Hospitalization Insurance 38,900 0 Mechanics Pen- Employer Contri 18,512 0 TOTAL PERSONAL SERVICES 333,212 0 Contractual Services Dues & Subscriptions 400 Training & Instructions 1,000 Employee Relations 200 Telephone 600 Budget Levy Amount Maintenance Of Equipment 63,000 0 TOTAL CONTRACTUAL SERVICES 65,200 0 Commodities Equipment Supplies/Parts 152,000 0 Gas, Diesel, Fuel, & Oil 210,000 0 Operational Supplies 22,000 0 Office Supplies 200 0 Uniform Purchase & Replacement 2,100 0 TOTAL COMMODITIES 386,300 0 TOTAL PUBLIC WORKS-VEHICLE MAINT 784,712 0 TOTAL PUBLIC WORKS 3,978,183 396,360 Family and Senior Services Personal Services Salaries-Regular 153,000 0 Salaries-Part Time 74,000 0 Salaries-Seasonal/Temporary 39,000 0 Longevity 1,330 g Social Security 29,000 0 Hospitalization Insurance 39,800 0 IMRF Employer Contribution 10,000 10,000 TOTAL PERSONAL SERVICES 346,130 10,000 Contractual Services Mileage Allowance 250 0 Programming & Activity Exp 33,150 0 Dues & Subscriptions 735 0 Meetings And Conferences 700 0 Employee Relations 787 0 Postage & Meter Rental Pr~tlllg-AAd=P~LSJI ~Il~_- 2,200 -- 1 Fi~Ci 0 f) _.'~7eCTa17~-5S15ta7iC~ _.._ -~7;CJW U _... _... Senior Citizen Cab Fares 3,500 0 - Counseling & Social Services. 100 0 Telephone 1,500 0 TOTAL CONTRACTUAL SERVICES 71,597 0 Commodities Operational Supplies 4,650 0 Medical Supplies 3,500 0 TOTAL COMMODITIES 8,150 0 TOTAL FAMILY & SENIOR SERVICES 425,877 10,000 Civic Center Personal Services Salaries-Regular 101, 900 Salaries- Part Time 11,000 0 Salaries-Seasonal/Temporary 38,000 0 Longevity 2,370 0 Social Security 13,000 0 Health Insurance 15,700 0 IMRF Employer Contribution 2,700 2,700 TOTAL PERSONAL SERVICES 184,670 2,700 Budget Levy Amount Contractual Services Dues & Subscriptions 180 Janitorial Services 15,160 0 Equipment Lease/rental Pymts 3,500 0 Utilities-municipal Facilities 16,000 0 Maintenance of Buildings 10,000 0 Maintenance Of Non-auto Equip 12,210 0 TOTAL CONTRACTUAL SERVICES 57,050 0 Commodities Operational Supplies 12,500 0 Janitorial Supplies 3,000 0 TOTAL COMMODITIES 15,500 0 TOTAL CIVIC CENTER 257,220 2,700 TOTAL FAM & SR. SERVICE/CIVIC CENTER 683,097 12,700 Building and Inspectional Services Personal Services Salaries-Regular 344,600 0 Salaries-Seasonal/Temporary 27,000 0 Longevity 4,050 0 Social Security 29,500 0 Hospitalization Insurance 66,350 0 IMRF Employer Contribution 12,000 12,000 TOTAL PERSONAL SERVICES 483,500 12,000 Contractual Services Dues & Subscriptions 1,535 Meetings And Conferences 1,500 Public Health Services 250 Engineering Services 6,500 Commodities Operatignal Supplies Uniform Purchase & Replacement TOTAL COMMODITIES TOTAL BLDG & INSPECTIONAL SERVICES Municipal Buildings Personal Services 1,950 500 2,450 496,935 12,000 Salaries Custodians 15,000 0 Social Security 1,150 0 TOTAL PERSONAL SERVICES 16,150 0 Contractual Services Janitorial Services 32,000 0 Utilities Municipal. Facilities 18,000 0 Maintenance Of Buildings 48,200 0 Maintenance Of Non Auto Equip 43,330 0 TOTAL CONTRACTUAL SERVICES 141,530 0 Commodities Building Maintenance Materials 5,000 Uniform Purchase & Replacement 125 TOTAL COMMODITIES 5,125 Budget Levy Amount Capital Outlay Capital Improvements To Bldgs 27,600 0 Furniture & Fixtures 7,500 0 TOTAL CAPITAL OUTLAY 35,100 0 TOTAL MUNICIPAL BUILDINGS 197,905 0 TOTAL DEVELOPMENT & MUNICIPAL BLDG 694,840 12,000 TOTAL GENERAL CORPORATE FUND 23,980,258 5,261,898 CAPITAL PROJECTS FUND Capital Outlay Dempter Street Improvement 892,146 0 Harlem Avenue LAPP 95,871 0 2006 Street Improv-Greenwood 0 0 2008 Street Improvement 591,000 378,000 2007 Street Improvement 35,080 0 -0akton Street Interconnect Project 0 0 Beckwith Bridge Rehabilitation 0 0 2007 Street Lighting Project 38,164 0 Shermer Road LAPP 157,949 0 TOTAL CAPITAL OUTLAY 1,810,210 378,000 TOTAL CAPITAL PROJECTS FUND 1,810,210 378,000 POLICE PENSION FUND Contractual Services Dues & Subscriptions 900 0 Meetings And Conferences 500 0 Additional Legal Fees 5,000 0 Duty Disability Benefits ' 69,158 -- 0 - Surviving Spouse Benefits 165;640 0 Refund on Employee Pension Contributions 20,000 0 Medical Exams & Expenses 1,000 0 Investment Advisor Fees 27,000 0 Secretarial Services 500 Department Of Insurance Fees 5,000 0 Other Miscellaneous 2,100 0 Reserve For Pension Benefits 100,000 0 TOTAL CONTRACTUAL SERVICES 2,132,326 1,244,559 TOTAL POLICE PENSION FUND 2,132, 326 1,244, 559 FIREFIGHTERS' PENSION FUND Contractual Services Dues & Subscriptions Meetings And Conferences Additional Legal Fees Retirement/service Benefits Duty Disability Benefits Surviving Spouse Benefits Children's Benefits 200 0 2,000 0 29,800 0 1,192, 366 1,192, 366 340,620 229,824 105,740 0 0 0 Budget Levy Amount Occupational Disease Pensions 53,071 0 Refund Of Employee Pension Con 20,000 0 Medical Exams & Expenses 10,000 0 Investment Advisor Fees 45,500 D Department Of Insurance Fees 4,000 0 Other Miscellaneous 5,000 0 Office Supplies 100 0 Reserve For Pension Benefits 100,000 0 TOTAL CONTRACTUAL SERVICES 1,908,397 1,422,190 TOTAL FIREFIGHTERS' PENSION FUND 1,908,397 1,422,190 DEBT SERVICE FUND Interest Exoense Bond Redemption 701,250 467,260 Bond Interest 305,460 0 Note Redemption 531,124 502,586 Note Interest 81,389 81,389 Agent Fees 600 0 TOTAL INTEREST EXPENSE 1.,619,823 1,051,235 TOTAL DEBT SERVICE FUND 1,619,823 1,051,235 PUBLIC LIBRARY Personal Services Salaries. 1,398,562 1,365,062 Retirement 127,912 102,759 Health Insurance 246,942 223,789 Long Term Disability 2,.500. 300 Life Insurance 2,291 0 T(lTq~ OGRCfIAIg I SGR\/1vf F~`_ 177~~n~ ~RQ1 Q1(\ __- Patron Materials and Services Books 151,000 139,000 Periodicals 28,700 26,200 Downloadable Books 4,100 2,100 Audiovisuals 55,200 49,700 Programs 36,250 28,250 70th Anniversary 5,000 0 Photocopier Acquisitions & Maint. 12,000 0 Computer Network 56,980 51,980 Database Access Charges 83,084 75,084 TOTAL PATRON MATERIALS AND SERVICES 432;314 372,314 Operations Maintenance 72,000 67,000 EquipmenUFurniture Acquisitions 32,000 27,000 Utilities 48,700 17,200 Insurance 35,462 30,500 Library Supplies 33,000 27,800 Telephone 12, 500 11, 500 Postage 11, 000 10, 000 Printing 33,000 30,000 Budget Levy Amount Continuing Education/Meetings 22,000 14,000 Memberships 6,000 4,500 Professional Services 30,000 29,000 Consultant Services 24,000 19,000 Miscellaneous 1,000 500 Facilities Planning 30,000 0 Reserve/Emergency 33,000 21,000 TOTAL OPERATIONS EXPENSE 393,662 309,000 SPECIAL TAXES FICA 107,181 104,140 Annual Audit 4,000 2,000 Tort Liability 17,000 15,000 TOTAL SPECIAL TAXES 128,181 121,140 SUBTOTAL PUBLIC LIBRARY 2,732,364 2,494,364 Working Cash Fund 177,292 0 TCTAL PUBLIC LIBRARY 2,909,656 2,494,364 LeLislative Summary Ordinance 08-26 ELIMINATING TITLE 2, CI3APTER 6 OF THE VILLAGE OF MORTON GROVE MUNICIPAL -- CODE ENTITLED EMERGENCY SERVICES AND DISASTER AGENCY AND ADOPTING TITLE 3, CHAPTER 2, ARTICLE C TO BE ENTITLED EMERGENCY MANAGEMENT AGENCY Introduced: July 14, 2008 Synopsis: This ordinance will amend the Village Code to add a new chapter entitled Emergency Management Agency. Purpose: To update the Village's regulations and codes to be in conformance with Illinois State Statute and the anticipated operational needs of the Village. Background: The Village of Morton Grove has benefited greatly from the volunteer services of the members of the Village of Morton Grove Emergency Services and Disaster Agency. The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Recent changes to a variety of federal and state requirements and guidelines prompted. a review of the ESDA program The Village President formulated an ad hoc committee consisting of the Fire Chief, Police Chief, the Coordinator of the Morton Grove Emergency Services and Disaster Agency, and a Village Trustee to review current Village ordinances and state statutes as they relate to the operation of the V illage's volunteer Emergency Services and Disaster Agency. The committee recommended structural and operational changes with respect to the Agency. As a result, Village staff has prepared code revisions which will change the name of ESDA to the Village of Morton Grove Emergency Management Agency. This ordinance will also place the Agency under the supervision and chain of command of the Fire Department. This ordinance, upon its adoption, will bring Village codes up-to-date in light of recent changes to state statute and the Village's current operational needs with respect to management of emergency services. or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin. Recommendation: First Reading: Special Considerations or Requirements: Respectfully submitted: Josel Reviewed by: "~t'~ Tom Frie There is no impact upon the budget. Not applicable The Fire Department, as part of their normal work activities, manages and works with the Coordinator of this agency for their various programs and activities. Approval as presented. July 14, 2008 None ~p --` Chief Prepared by: ! Teresa Corporation Counsel ORDINANCE 08-26 ELIMYNATING TITLE 2, CHAPTER 6 OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE ENTITLED EMERGENCY SERVICES AND DISASTER AGENCY AND ADOPTING TITLE 3, CHAPTER 2, ARTICLE C TO BE ENTITLED ' EMERGENCY MANAGEMENT AGENCY WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continually in the process of reviewing, and as necessary, updating its Municipal ordinances; and WHEREAS; the Municipal Code of the Village of Morton Grove currently provides for an Emergency Service and Disaster Agency pursuant to Title 2, Chapter. 6; and WHEREAS, the Village of Morton Grove Emergency Services and Disaster Agency has for several decades provided invaluable services to the Village's public safety personnel and other governmental departments assisting in the Village's response to natural or manmade disasters or other emergencies; and WHEREAS, in 2007, the Village President appointed an ad hoc committee consisting of the Fire Chief, Police Chief, the Coordinator of the Emergency Services and Disaster Agency, and a Village Trustee to recommend changes to the agency in accordance with recent changes to state statutes, and to conform with current Village needs and operations; and WHEREAS, based on recommendations receivgdfrorrrY is ad oe committee, V"iI-lags s~fhas--- -- prepared revisions to the Municipal Code. WHEREAS, the Corporate Authorities have determined, in order to protect the public safety and property of Village residents, it is reasonable, appropriate, and necessary to revise the Municipal Code to eliminate Title 2, Chapter 6 entitled Emergency Services and Disaster Agency and to add a new Title 3, Chapter 2C entitled Emergency Management Agency of the Village Municipal Code. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 2, Chapter 6 of the Municipal Code of the Village of Morton Grove entitled Emergency Services and Disaster Agency is hereby deleted in its entirety SECTION 3: Title 3, Chapter 2C of the Municipal Code of the Village of Morton Grove to be entitled Emergency Management Agency is hereby adopted in its entirety to read as follows: CHAPTER 2 FIRE DEPARTMENT ARTICLE C: EMERGENCY MANAGEMENT AGENCY SECTION: 3-2C-1: Agency Established, Membership, Term of Office 3-2C-2: Intent and Purpose 3-2C-3: Coordinator 3-2C-4: Oath Required 3-2C-5: Functions 3-2C-6: Service as Mobile Support Team 3-2C-7: Compensation 3-2C-8: Reimbursement by State 3-2C-9: Office and Emergency Operation Center 3-2C-10: Agreements with Other Political Subdivisions 3-2C-1 L• Emergency Action 3-2C-12: Purchases and Expenditures 3-2C-13: Continuity of Government 3-2C-1: AGENCY ESTABLISHED, MEMBERSHIP, TERM OF OFFICE: Under the direction of the Fire Chief, the Village shall establish and maintain an organization to be known as the Village of Morton. Grove Emergency Management Agency ("MGEMA"). The agency shall consist of not more than sixteen (16) volunteer members selected by the MGEMA Coordinator with the approval of the Fire Chief, except that membership may be temporarily increased as deemed necessary by xhe Fire Chief in times of crisis or an actual disaster. Unless a member is appointedto finish a term for a t _ ,_ ~ --- ' ' -- ' tnabie~fi ~ }sorer ternr~~~rrrbers-shall _..__-~-r~~irrirV~u,~'1 c`m"_ - TY-TG nu roi w~ic i be appointed for a term of-three (3) yeazs. Members must be at Ieast eighteen (18) years old. All members shall undergo a Police background check and complete a ninety (90) day probationary period before their being designated as "full members". 3-2C-2: INTENT AND PURPOSE: The intent and purpose of the MGEMA is to support the Village's efforts to prevent, minimize, repair, and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or from natural or manmade disaster, in accordance with the Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2C-3: COORDINATOR: The Coordinator of the MGEMA shall be appointed annually by the Village President with the approval of the Village Trustees. The Coordinator shall, under the direction and control of the Fire Chief, be responsible for the day-to-day organization, administration, training, and operation of the MGEMA, shall act as an advisor to the Corporate Authorities, Village Administrator, and other key staff regarding the mitigation, preparedness, response, and disaster recovery efforts of the Village, shall serve as a member of the Village's Crisis Management Team and shall have such other powers and responsibilities as delegated by the Fire Chief, the Village President and/or the Village Administrator from time-to-time. 3-2C-4; OATH REQUIRED: Every member of the MGEMA shall, before entering upon his/her. duties, subscribe to the following oath, which shall be filed with the Coordinator: - I, (name) , do solemnly swear (or affirm) that 1 will support and defend and bear true - faith and allegiance to the Constitution of the United States, and the Constitution of the - State oflllinois, and the territory, institutions, and facilities thereof, both public and private; against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and I will well and faithfully. discharge the duties upon which I am about to enter. I do further swear (or affirm) I do not advocate, nor anz I nor have I ever been a member of any political party or organization which advocates the overthrow of the government of the United States or of this State by force or violence; m2d during such time as I am affiliated with the Morton Grove Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this State by force or violence. 3-2C-5: FUNCTIONS: Under the supervision of the Fire Chief, the MGEMA is authorized to: A. Perform state and federal mandated emergency management activities within the Vi.liage; B. Perform activities prescribed in and by the Morton Grove Emergency Operation Plan; C. Carry out plans, programs and training exercises prepared by the Coordinator; D. Perform such duties outside the corporate limits of the Village as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality, or quasi-municipality approved by the Corporate Authorities, and as entered into as provided for in the Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2C-6: SERVICE AS MOBILE SUPPORT TEAM: The Coordinator, with the approval of the Fire Chief, may designate all or any members of the MGEMA as members of a State Mobile Support Team created by the Director of the Illinois Emergency Management Agency as provided by Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. A. The leader ofthe Village's Mobile Support Team may be designated by the Coordinator with the approval of the Fire Chief. B. Any member of a Mobile Support Team who is a paid village employee or officer while serving on call to duty by the Governor, or the State Director shall receive compensation and shall have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the Village, while so serving, shall receive from the state reasonable compensation as provided by Illinois Emergency Management Agency Act and Illinois Emergency Management Agency Administrative Code. 3-2C-7: COMPENSATION: Members of the MGEMA shall be considered volwlteers and shall not receive compensation except as expressly provided otherwise in this chapter. Members who are also paid employees or off cers of the Vflage, if called for training by the State Director of the Emergency Management Agency shall receive compensation for the time spent in such training the same rate of pay as is attached to the position held; members who are not such village employees or officers may only receive compensation for such training time as may be approved by the Corporate Authorities. (Ord. 85-1, 1-25-1985) 3-2C-8; REIMBURSEMENT BY STATE: The Village's Finance Department may receive, and allocate to the appropriate fund, any reimbursement by the State to the Village for expenses for the training of members of the MGEMA, for members of the Village's Mobile Support Team while serving outside the Village in response to a call by the governor or director of the Illinois Emergency Management Agency as provided by law, and for any other reimbursement received incident to the agency's activities as provided by Illinois Emergency Management Agency Act, the Illinois Emergency Management Agency Administrative Code and other applicable laws. 3-2C-9: OFFICE AND EMERGENCY OPERATION CENTER: The Village Administrator is authorized to designate space in the Village of Morton Grove for the use by the MGEMA as its office and/or as an Emergency Operation Center. 3-2C-10: AGREEMENTS WITH OTHER POLITICAL SUBDIVISIONS: The Fire Chiefor his/her designee may negotiate mutual aid agreements with other governmental units, but no such agreement shall be effective until it has been approved by the Corporate Authorities in accordance with the Code. 3-2C-11: EMERGENCY ACTION: If a disaster/emergency exists in the Village of Morton Grove resulting from enemy sabotage or other hostile action, from manmade or natural disaster or otherwise, the Village Administrator and/or his/her designees will coordinate the Village's response effort in accordance of the Morton Grove Emergency Operation Plan. 3-2C-12: PURCHASES AND EXPENDITURES: In the event of disaster/emergency, the Village Administrator and/or hislher designee is authorized, on behalf of the Village, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency without regard to the statutory procedures or formalities normally prescribed by Village Ordinance pertaining to Village contracts or obligations, provided such actions shall be reported to and reviewed by the Village Board at its next meeting. 3-2C-13: CONTINUITY DF GOVERNMENT: In the event of the absence, death or other inability of the Village President to serve during adisaster/emergency as contemplated by this chapter, the Village Board shall, at the earliest practicable time, meet and select a President Pro Tem who, among other duties, shall have all the powers stated in this chapter. In the absence of such meeting of the Village Board, the order of succession for the purpose of the duties stated in thschapter, and for the duration of the emergency only, shall be the Village Trustees in alphabetical order, the Village Administrator, the Police Chief, and the Fire Chief. (Ord. 85-1, 1-25-1985 SECTION 4: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable for any reason by a court of competent jurisdiction, the remaiivng sections, terms, provisions, and conditions shall remain in full force and effect. " SECTION 5: This ordinance is an exercise of the home rule authority of the Village of Morton Grove and is intended to and, to the fullest extent allowed byahe Constitution of the State of Illinois, shall be construed as to supersede any contrary or conflicting state, county, or local regulations SECTION 6: 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 extent of such conflict_ SECTION 7: This ordinance shall be in full force and effect from and after its adoption, approval, and publication as provided bylaw. PASSED THIS 28`x' day of July 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmam~ Trustee Thill APPROVED BY ME THIS 28`" day of July 2008.......... Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office. This 29`h day of July 2008. Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 08-28 REVISIONS TO TITLE 12, CHAPTER 14 ENTITLED "FLOOD DAMAGE PREVENTION" Introduced: Synopsis: Purpose: Background: July 28, 2008 To authorize the Village to make amendments to Title 12, Chapter 14 of the Village Code titled Flood Damage Prevention in order to meet federal. and state statutes and administrative requirements. To continue participation in the National Flood Insurance Ptogram. In order to participate in the National Flood Insurance Program, the Village adopted the Flood Damage Prevention ordinance to be compliant with federal regulations. This ordinance seeks to minimize potential losses due to periodic flooding. Within the ordinance, several references are made to flood studies and maps that identify the flood boundaries and floodways within the Village. These studies and maps are periodically updated and in order to remain compliant the Village must adopted the most recent version of these maps. This ordinance updates the most recent version of these maps and flood studies to August 19, 2008. Programs, Departments Public Works Department or Groups Affected Fiscal Impact: Not applicable. Source of Funds: Not applicable _____.,_. Workload Impact: The Public Works Departmentaspart oftheir normal work activities - perfornis the management of this section of the Municipal Code. Administrator Approval as presented. Recommendation: First Reading: July 28, 2008 Special Considerations or None. Requirements: Respectfully submitted: ~iG~> ~` Jos h F. ade, Village Administrator Prepared by: ~~< <..~ , ~ Reviewed by: Ry ~ Gi(lingha illag Engineer Teresa Hoff ap 'ton, Corporation Counsel ORDINANCE 08-28 REVISIONS TO TITLE 12, CHAPTER 14 ENTITLED "FLOOD DAMAGE PREVENTION" 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, it has been recognized development practices and alterations to floodways have resulted in increased flood and storm water hazards, reduced water quality, loss of habitat and recreational opportunities, poor aesthetics and potential health hazards within communities; and WHEREAS, the Village has enacted Title 12, Chapter 14 of the Municipal Code entitled Flood Damage Prevention including subsequent amendments as required to meet federal and state statutes and administrative regulations; and WHEREAS, the Village was recently notified by the Federal Emergency Management Agency (FEMA) that additional modifications to the Flood Damage Prevention code were required to satisfy requirements of 44 Code of Federal Regulations, Sections 60.3, of the National Flood Insurance Program (NFIP); and WHEREAS, it is imperative the Village remain fully eligible for participation in the NFIP to insure there is no interruption in grant funds, mortgage approvals or any other adverse financial impact --- _ _ ____=oh= g-comrn~n-i 3Tan _ - _ WI-IEREAS; the required modifications to the Flood Damage Prevention code must be completed and submitted to the regional office of the Federal Emergency Management Agency (FEMA) by no later than August 19, 2008; and WHEREAS, the Corporate Authorities have determined it is in the best interest of the community, and the health, safety and welfare of its residents to adopt the recommended modifications to the Flood Damage Prevention code. NOW, THEREFORE, BE IT ORDAINED, BY THE PRESIDENT AND BOARD OF TRUSTEES OP 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. SF.,CTION 2: Title 12, Chapter 14 entitled Flood Damage Prevention is hereby modified to incorporate the changes required by the Federal Emergency Management Agency (FEMA) and shall read as follows: CHAPTER 14 FLOOD DAMAGE PREVENTION SECTION 12-14-L• Purpose 12-14-2: Other Regulations 12-14-3: Definitions 12-14-4: Maps and Profiles 12-14-5: Variances 12-14-6: Base Flood Elevation 12-14-7: Occupation and Use of Flood Fringe Areas 12-14-8: Occupation and Use of Identified Floodways 12-14-9: Perniitting Requirements Applicable to all Flaodplain Areas 12-14-I0: Subdivision, Development and Improvement Regulations 12-14-11: Administration 12-14-12: Appeals of Administrative Decisions 12-14-13: Disclaimer of Liability 12-14-14: Separability 12-14-15: Judicial Review 12-14-16: Penalties for Violation 12-14-1: .PURPOSE: The purpose of this chapter is to maintain this village's eligibility in the national flood insurance program; to minimize potential losses due to periodic flooding -- -itreiuf£ir~nss o~`Fd`e; toss-o ~ rtq, health an sa _ azare~s~isi~ptinn o- ogees-- ---- governmental services; extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public. health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This chapter is adopted in order to accomplish the following specific purposes: A. To meet the requirements of 615 Illinois Compiled Statutes 514.9, "an actin relation to the regulation of the rivers, lakes and streams of the state of Illinois", approved June 10, 1911, as amended; B. To assure that new development does not increase the flood or drainage hazards to others, or creating unstable conditions susceptible to erosion; C. To protect new buildings and major improvements from flood damage; D. To protect human life and health from the hazards of flooding; E. To Lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations; F. To make federally subsidized flood insurance available for property in the village by fulfilling the requirements of the national flood insurance program; G. To comply with the rules and regulations of the national flood insurance program codified as 44 CFR 59-79, as amended; H. To protect, conserve, and. promote the orderly development of land and water resources; I. To preserve the natural hydrologic and hydraulic functions of watercourses and floodplains and to protect water quality and aquatic habitats; To preserve the natural characteristics of stream corridors in order to moderate flood and storm water impacts; improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 07-07, 3-26-2007) 12-14-2: OTHER REGULATIONS: Before starting any of the work regulated by this chapter, an applicant shall comply with the requirements set forth in other applicable ordinances of the village with respect to the submission and approval of preliminary and final subdivision plats, improvement plans, building and zoning permits, inspections, appeals and similar matters, along with those set forth in this chapter and as may be required by federal or state laws and the regulations of any department of the state of Illinois. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. Where this chapter and other chapters, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. This chapter is intended to repeal the original chapter 12 of this title, which was adopted to meet the national flood insurance establish initial eligibility for theprogram_ (Ord. 07-07, 3-26-2007) 12-14-3: DEFINITIONS: For the purpose of this chapter, the following definitions are adopted: ACT "An act in relation to the regulation of the rivers, lakes and streams of the state of Illinois", 615 Illinois Compiled Statutes 5/5 et seq. APPLICANT See definition of Applicant in section 12-17-1 of this title. APPROPRIATE Only uses of the designated floodway that are permissible and will be USE considered for permit issuance. The only uses that will be allowed are as specified in subsection 12-14-8D of this chapter. BASE FLOOD The flood having a one percent (1%) probability of being equaled or exceeded in any given. year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in section 12-14-6 of this chapter. BASE FLOOD The land area subject to inundation by waters of the base flood. AREA BASE FLOOD The highest water surface elevation of the base flood. ELEVATION (BFE) BUILDING .See definition of Building in section 12-17-1 of this title. COMPENSATORY An artificially excavated, hydraulically equivalent volume of storage within the STORAGE SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off site floodwater elevations and flows. CONDITIONAL Preconstruction approval by IDNR/DWR and the federal emergency APPROVAL OF A management agency of a proposed change to the floodway map. This REGULATORY preconstruction approval, pursuant to this chapter, gives assurances to the FLOODWAY MAP property owner that once an appropriate use is constructed according to CHANGE permitted plans, the floodway map can be changed, as previously agreed, upon (CARFMC) review and acceptance of as built plans. CONDITIONAL A letter which indicates that the federal emergency management agency will LETTER OF MAP revise base flood elevations, flood insurance rate zones, flood boundaries or REVISION floodway as shown on an effective flood hazard boundary map or flood (CLOMR) insurance rate map, once the as built plans are submitted and approved. DAM All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Underground water storage tanks are not included. DESIGNATED The channel, including on stream lakes, and that portion of the floodplain no more than a 0.1 foot increase in stage due to the loss of flood conveyance of storage, and no more than a ten percent (10%) increase in velocities. The floodways are designated for the north branch of the Chicago River on map number 17031C, panels 0237, 0241, 0242, 0243; 0244, all dated August 19, 2008, of the comitywide flood insurance rate map for Cook County prepared by the federal emergency management agency. To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan; using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/DWR should be contacted for the interpretation. DEVELOPMENT Any manmade change to real estate, including: A. Construction, reconstruction, repair, or placement of a building or any addition to a building. B. Installing a manufactured home on a site, p~paring a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty (180) days. C. Drilling, mining, installing utilities, construction of roads, bridges, or similar projects. D. Demolition of a structure and/or redevelopment of a site. E. Construction or erection of levees, walls, fences, dams or culverts, filling, dredging, grading,. excavating, paving or other nonagricultural alterations of the ground surfaces; storage of materials. F. Any other activity of man that might change the direction, height, or velocity of flood or surface water. Development does not include maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultaral practices that do not involve falling, grading, or construction of levees. ELEVATION A form published by the federal emergency agency that is used to certify the CERTIFICATES elevation to which a building has been elevated. EROSION The general process whereby soils are moved by flowing water or wave action. EXEMPT Organizations which are exempt from this chapter per the Illinois Compiled ORGANIZATIONS Statutes including state, federal or local units of government; or others such as the water reclamation district and the Cook County forest preserve district. -FEMA ~ Fr rlaral an}ern~ yr mana gnmPnt aaanr~anLLitg.-regllla.t].Or1S at 44 C'F~~~ZQ, _. __ effective as of Octoberl, 1986. This incorporation does not include any later .editions or amendments.... FLOOD A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD A period of years, based on a statistical analysis, during which a flood of a FREQUENCY stated magnitude may be expected to be equaled or exceeded: FLOOD FRINGE That portion of the floodplain outside of the designated floodway. FLOOD A map prepared by the federal emergency management agency that depicts the INSURANCE RA TE special flood hazard area (SFHA) within a community. This map includes MAPS (FIRM) insurance rate zones and floodplains and may or may not depict floodways. FLOOD An examination and evaluation of hydrologic and hydraulic data sponsored by INSURANCE the federal insurance administration to determine base flood flows, elevations, STUDY (FIS) areas, and floodways. The FIS also determines flows, elevations, andareas of floods having lesser and greater frequencies of occurrence than the base flood. FLOOD PROFILE Graphical representations of the elevations of the water surface of the 100-year flood along the watercourses of the village. FLOOD The elevation of the base flood or 100-year frequency flood plus one foot (1') PROTECTION of freeboard at any given location in the SFHA. ELEVATION (FPE) FLOODPLAIN That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached special flood hazard areas, ponding areas, etc. The floodplain is also known as the special flood hazard area (SFHA). The floodplains are those lands within the jurisdiction of the village that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the village are generally identified as such on map number 17031C, panels 0237, 0241, 0242, 0243, 0244, all dated August 19, 2008, of the countywide flood insurance rate map for Cook County prepared by the federal emergency management agency. FLOODPROOFING Any combination of structural and nonstructural additions, changes or adjustments to structures-which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODPROOFING A form published by the federal emergency management agency that is used to CERTIFICATES certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation. PLOODWAY The lateral boundaries of the floodway which separate it from the flood fringes. RNC`R (IACpII\dENT LINES- - - -- - ---: FREEBOARD An increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, unlrnown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams. HYDROLOGIC Engineering analysis which determine expected flood flows and flood elevations AND HYDROLIC based on land characteristics and rainfall events. CALCULATIONS HYDROSTATIC The upward pressure exerted on floor slabs or an entire structure by standing UPLIFT or ground water, which tends to float a structure or crack the floor. It is based on the difference in elevation. between the surface level of the water. Hydrostatic pressure may be horizontal, imposing forces on the walls causing them to crack or fail. ID'NR/DWR Illinois department of natural resources, division of water resources. LETTER OF MAP Official determination by FEMA that a specific structure is not in a 100-year AMENDMENT flood zone; amends the effective flood hazard boundary map or FIRM. (COMA) MANUFACTURED A structure, transportable in one or mare sections, which is built on a permanent HOME chassis and is designated for use with or without a permanent foundation when connected to the required utilities. The term manufactured homes also includes park trailers, travel trailers and other similar vehicles placed on site for more than one hundred eighty (180) consecutive days. MANUFACTURED A parcel (or contiguous parcels) of land divided into two (2) or more HOME PARK OR manufactured home lots for rent or sale. SUBDIVISION MITIGATION Includes those measures necessary to minimize the negative effects which floodplain development activities might have on the public health, safety and welfare. Examples of mitigation include compensatory storage, soil erosion and sedimentation control, and channel restoration. NGVD National geodetic vertical datum of 1929. Reference surface set by the national geodetic survey deduced from a continental adjustment of all existing adjustments in 1929. 100-YEAR FLOOD A flood magnitude with a one percent (1 %) statistical chance of being equaled or exceeded during any year. However, the occurrence of such an event does not diminish the chance of it recurring again at any time. PUBLIC FLOOD A flood control project which will be operated and maintained by a public CONTROL agency to reduce flood damages to existing buildings and structures which _-RR~3€~_ T _ -inciride~ „ ~,^nd-hy~rattlic stud3Ler+H~n~;~r;,,~ ,;d-prop~~t conditions ofthe watershed. Nothing in this definition shall: preclude the design; engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies. PUBLICLY All streams and lakes capable of being navigated by watercraft. NAVIGABLE WATERS REGISTERED Aland surveyor registered in the state oP Illinois, under the Illinois land LAND SURVEYOR surveyors act 1 . REGISTERED An engineer registered in the state of Illinois, under the Illinois professional PROFESSIONAL engineering act 2 . ENGINEER REPAIR, Development activities which do not result in any increases in the outside REMODELING OR dimensions of a building or any changes to the dimensions of a structure. MAINTENANCE RISK PREMIUM Flood hazard areas designated according to the degree of flooding they would RATES ZONE experience during the base flood. The symbols used to designate these zones are as follows: A: Area of special flood hazard without water surface elevations determined. Al-94: Area bfspecial flood hazard with water surface elevations determined. AH: Area of special flood hazards having a level water surface (ponding) with water depths between one foot (1') and three feet (3'). AO: Area of special flood hazards having a sloping water surface (sheet runoff) with water depths between one foot (1') and three feet (3'). VO: Area of special flood hazards having shallow water depths and/or unpredictable flow paths between one foot (1') and three feet (3') and with velocity. B: Area of moderate flood hazards. C: Area of minimum hazards. RIVERINE SFHA Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on stream lake system or any other identified chaimel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbazrk flooding. HAZARD AREA ditch, or any other identified: channel. or pondingand shown on a flood hazard (SFHA) boundary map or flood insurance rate map as zone A, AO, Al-30, AE, A99, AH, V0, V3O, VE, V, M, or E. STRUCTURE The results of a manmade change to the-land constructed on or below the ground, including the construction, reconstmction, or placement of a building or any addition to a building; anything constructed or erected, the use of which requires permanent or temporary location on or in the ground; installing a manufactured home on a site; preparing a site for a manufactured home or installinga travel trailer on a site for more than one hundred eighty (180) days. SUBSTANTIAL Any repair, reconstruction or improvement of a stmcture, the cost of which IMPROVEMENT equals or exceeds fifty percent (50%) of the market value of the structure either: a) before the improvement or repair is started, or b) if the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or b) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. TRANSITION Reaches of the stream or floodway where water flows from a narrow cross SECTION section to a wide cross section or vice versa. WATERCOURSE Any river, stream, creek, brook, branch or other drainageway in or into which storm water runoff and floodwaters flow either regularly or intermittently. (Ord. 07-07, 3-26-2007) 12-14-4: MAPS AND PROFILES: A. Village Maps: Official maps which depict the floodplains, floodways and floodway fringes, and floodway encroachment lines are available for inspection in the public works department, are identified as parts of this chapter, are incorporated herein and are identified as follows: 1. National flood insurance program flood boundary and floodway map number 17031C, panels 0237, 0241, 0242, 0243, and 0244, all dated August 19, 2008. B. Flood Profiles: Flood profiles describing the expected elevation of floods along the centerline of the principal watercourses of this village are available for inspection in the public works department, are identified as parts of this chapter, are incorporated herein and are identified as follows: 1. Flood insurance study for Cook County, dated August 19, 2008. - __ C~~nfliets ~etw~e-n-Maps ~4nd~'ref les: In the-event-a~en€list~rises_-hetweexi-the-in£ormatien depicted by the official village floodpiain maps-and the official village profiles, and irrthe absence of any overriding information to the contrary, the data prescribed by the profiles will govern. D. Maps and Profiles: Source Documents: Same as subsections A and B of this section. 2. Base Flood; Information pertaining to the base flood incorporated in this chapter, including maps and profiles, has been extracted from and is based on the studies and reports prepared by the federal emergency management agency, identified as flood insurance study for Cook County, dated August 19, 2008. E. Official Elevations: The system of official bench marks and elevations already established in the area by the U.S. geological survey shall hereafter betaken by engineers, surveyors, architects, and contractors when making topographical surveys and maps, and when setting grades and elevations of buildings, pavements, drainage facilities and other structures or works publicly constructed or regulated by the village. F. Determination of Base Flood Area Location and Elevations: The official maps described in this section shall be used as an aid in determining whether a parcel of land lies within the base flood area. The final decision, however, shall be based on the relation of the surveyed ground elevation applicable to a specific parcel of land, if not otherwise depicted by the official maps and profiles described above, shall be that elevation established for the adjoining stream or channeh In riverine situations where a bend in the stream exists and more than one line cui be placed at right angles to the parcel of land, the highest base flood elevation determined shall prevail. G. How To Locate Designated Fooodway Boundary: To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan, using marks common to both maps. (Ord. 07-07, 3-26-2007) 12-14-5: VARIANCES: No variances shall be granted to any development located in a "designated floodway" as defined in section 12-14-3 of this chapter. However, when a development proposal is located outside of a designated floodway, and whenever the standards of this chapter place undue hardship on a specific development proposai, the applicant may apply to the zoning board of appeals for a variance. A. No variance shall be granted unless the applicant demonstrates that: The development activity cannot be located outside the SFHA; An exceptional hardship would result if the variance were not granted; The relief requested is the minimum necessary; d T]~( wltl ha nn afla1t19~1'~t-tQ S-t_tlh ~'.~astz'~ °i ,,. ~ nm ~~cAC onrl ----. -p afefy--~61~1-St..~.N - fiuictions, especially aquatic habitat, or creation of a nuisance; 5. There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities; 6. The provisions of subsections 12-14-7F, and 12-14-8D of this chapter shall still be met; The activity is not in a designated floodway; 8. The applicant's circumstances are unique and do not represent a general problem; and 9. The granting of the variance will not alter the essential character of the area involved including existing stream uses. B. The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of section 12-14-9 of this chapter that would lessen the degree of protection to a building will: Result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage: 2. Increase the risks to life and property; and 3. Require that the applicant proceed with knowledge of these risks and that he will aekriowledge in writing that he assumes the risk and liability. C. Variance requested in connection with restoration of site or building listed on the National Register of Historical Places or documented as worthy of preservation by the Illinois historic preservation agency may be granted using criteria more permissive than the requirements of subsections 12-14-10A and B of this chapter. (Ord. 07-07, 3-26-2007} 12-14-6: BASE FLOOD ELEVATION: This chapter's protection standard is based on the flood insurance study and regulatory map profiles for the village. If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois state water survey's floodplain information repository. When a party disagrees with the best available data, he/she may finance the detailed engineering study needed to replace existing data with better data and submit it to IDNR/DWR and FEMA. A. The base flood or 100-year frequency flood elevation for the SFHAs of the north branch of the Chicago River shall be as delineated on the 100-year flood profiles in the countywide flood insurance study for Cook County prepared by the federal emergency management agency and dated August 19, 2008, including amendments to such study and maps as may be prepared from time-to-time. ~__.__T~~,A :~ ~ ~~r}~A-yearTr~q~estey-#~ood elevation #'Or ~°^~QO~. o= ~==o -f+hA rAm ~;~~ u€~~ ......delineated as an "A zone" on the flood insurance rate map of the village shall-be according to the best existing data available in the Illinois state water survey floodplain information repository. When no base flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFI~A shall be determined from a backwater model, such as HEC-II, W SP-2, or a dynamic model such as HIP. The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-1 TR-20 or HIP, or by techniques presented in various publications prepared by the United States geological survey for estimating peak flood discharges. Flood flows should be based on anticipated future land use conditions in the watershed as determined from adopted local and regionalland use plans. Along any watercourses draining more than one square mile, the above analyses shall be submitted to IDNR/DWR for approval. Once approved it must be submitted to the Illinois state water survey floodplain information repository for filing. For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three feet (3'), unless calculated by a detailed engineering study and approved by the Illinois state water survey. (Ord. 07-07, 3-26- 2007) 12-14-7: OCCUPATION AND USE OF FLOOD FRINGE AREAS: Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage and other provisions of this chapter are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of section 12-14-9 of this chapter. A. Development Permit: No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a development permit from the building commissioner. B. Application: Application Tor a development permit shall be made on a form provided by the building commissioner. The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in MSL (1929 adjustment) datum or NGVD and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings. For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of section 12- 1414=9 of this chapter. C. Elevation Comparison: Upon receipt of a development permit application, the building commissioner shall compare the elevation of the site to the base flood or 100-year frequency flood elevation. Any development located on land that can be shown to have been higher than the base flood elevation as of the site's first flood insurance rate map identification is not in the SFHA and, therefore, not subject to the requirements of this chapter. The building commissioner shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's f rst flood insurance rate map identification. D. Other Documents: The building commissioner shall be responsible for obtaining from the applieairt-eopies of-a1, ~~ ~~ h~rdoca~~tatc ~~d~~.~' perfn~er pe~iet-required letters hart may b~ required-for this type of activity. The building commissioner shall not issue a permit unless all other local, state and federal permits have been obtained. E. Preventing Increased Damages: No development in the flood fringe shall create a threat to public health and safety. F. Site Elevation; LOMR: If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map revision (LOMB) from FEMA for the purpose of removing the site from the floodplain. G. Compensatory Storage: Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100- year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation. The excavation volume shall be equal to I.1 times the volume of storage lost due to the fill or structure. H. Fill or Structure: In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied. All floodplain storage lost below the existing LO-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. (Ord. 07-07, 3-26-2007) 12-14-8: OCCUPATION AND USE OF IDENTIFIED FLOODWAYS: This section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway for the north branch of the Chicago River shall be delineated on the regulatory floodway maps designated by 1DNR/DWR accordingly and referenced in section 12-14-4 of this chapter. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of section 12-14-9 of this chapter. A. Development Permit: No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the building commissioner. B. Application: Application for a development permit shall be made on a form provided by the building commissioner. The application shall include the following information: Name and address of applicant; Site location {including legal description) of the property, drawn to scale, on the designated floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area; 3. Name of stream or body of water affected; 4. Description of proposed activity; 5. Statement ofpurpose of proposed activity; 6. Anticipated dates of initiation and completion of activity; Name and mailing address of the owner of the subject property if different from the applicant; Signature of applicant or the applicant's agent; If the applicant is a corporation, the president or other authorized officer shall sign the application form; 10. If the applicant is a partnership, each partner shall sign the application form; and 11. If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her) as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein; 12. Plans of the proposed activity shall be provided which include as a minimum: a. A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow; b. A plan view of the. project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure ~of work, elevations in mean sea level (1929 adjustment) datum or NGVD, adjacent property lines and ownership, drainage and flood control easements, location of any chamiels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), designated floodway limit, floodplain limit, location and orientation of cross sections, north arrow, and graphic or numerical scale; c. Cross section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical); d. A copy of the designated floodwaymap, marked to reflect any proposed change in the designated floodway location; 13. Any and all other local, state and federal permits or approval letters that may be required for this type of development. 14. --Eng~ Ixia~inR~al,~,alat28nc an,„pp~~r~~ddt$-Shalllr~-sarbmiitedsb(Lwlrrgxhdtxhf proposed work will. meet the permit. criteria of subsections D and E of this section. 15. If the designated floodway delineation, base flood or 100-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until IDNR/DWR has indicated conditional approval of the regulatory floodway map change. No structures may be built until a letter of map revision has been approved by FEMA. 16. The application for a structure shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; sealed by a registered professional engineer, licensed architect or registered land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 12-14-9 of this chapter: C. Other Documents: The building commissioner shall be responsible for obtaining from the applicant copies of all other local, state, and federal permits and approvals that may be required for this type of activity. The building commissioner shall not issue the development permit unless all required Federal and state permits have been obtained. A professional engineer under the employ or contract of the village shall review and approve applications reviewed under this section. D. Preventing Increased Damages; List Of Appropriate Uses: The only development in a floodway which will be allowed are appropriate uses which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety. Only those appropriate uses listed in 92 Illinois administrative code 708 will be allowed. Appropriate uses do not include the construction or placement ofany new structures, fill, building additions, buildings on stilts, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use. The approved appropriate uses are as follows: Additions to existing buildings above the BFE that do not increase the building's footprint and are valued at less than fifty percent (50%) of the. market value of the building. Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto; Designated floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse; Detached garages, storage sheds, or other nonhabitable accessory structures without toilet facilities to existing buildings that will not block flood flows, nor reduce floodway storage; Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife. construction of watertight window wells elevating structures; or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodway shall be no more than ten feet (10') away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure; In the case of damaged or replacement buildings, reconstruction or repairs made to a building that are valued at less than fifty percent (50%) of the market value of the building before it was damaged or replaced, and which do not increase the outside dimensions of the building; Parking lots and any modifications thereto (where depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot) and aircraft parking aprons built at or below ground elevation; Recreational facilities such as playing fields and trail systems including any related fencing (at least 50 percent open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions; 5tonn and sanitary sewer outfalls; Structures or facilities relating to the use of, or requiring access to, the water or shoreluie, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses; Underground and overhead utilities; E. Engineering Criteria: Within the regulatory floodway as identified on the designated floodway maps designated by IDNR/DWR, the construction of an appropriate use, will be considered permissible provided that the proposed project meets the following engineering criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer and provided that any structure meets the protection requirements of section 12-14-9 of this chapter. Preservation Of Flood Conveyance, So As Not To Increase Flood Stages Upstream: For appropriate uses other than bridge or culvert crossings, on stream structures or dams, all effective regulatory floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration: a. Designated floodway conveyance, "K" = 1.486 AR 2/3 n where "n" is Manning's roughness factor, "A" is the effective area of the cross section, and "R" is the ratio of the area to the wetted perimeter. (See "Open Channel Hydraulics", Ven Te Chow, 1959, McGraw-Hill Book Company, New York.) -.._._ b: The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover. c. Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/DWR through engineering calculations or model tests that more abrupt transition may be used with the same efficiency. (1) When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length. (2) When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length. (3) When expanding or contracting flows in a vertical direction, a minimiun of one foot (1') vertical transition for every ten feet (10') of stream length shall be used. (4) Transition sections shall be provided between cross sections with rapid expansions and contractions and when meeting the designated floodway delineation on adjacent properties. (5) All cross sections used in the calculations shall be located perpendicular to flood flows. 2. Preservation Of Fooodway Storage So As Not To Increase Downstream Flooding: Compensatory storage shall be provided for any designated floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects. Compensatory storage for fill or structures shall be equal to at least 1.1 times the volume of floodplain storage lost. Artificially created. storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced. The compensatory designated floodway storage shalt be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All designated floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All designated floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse. If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate to IDNRlDWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent. Finally, there shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification ~s-neeess~~o-redpee-f3e~t~istirig-slrueture: - - _- -- - 3. Preservation of Floodway Velocities So As Not To Increase Stream Erosion Or Flood Heights: For all appropriate uses, except bridges or culverts or on stream structures, the proposed work will not result in an increase in the average channel or designated floodway velocities. However, in the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of riprap or other design measures. 4. Construction of New Bridges Or Culvert Crossings And Roadway Approaches: The proposed structure shall not result. in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the chazmel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements. If the proposed construction. will increase upstream flood stages greater than 0.1 foot, the developer must contact IDNR/DWR, dam safety section for a dam safety permit or waiver. a. The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in section 12-14-6 of this chapter. Culverts must be analyzed using the U.S. DOT, FHWA hydraulic chart for the selection of .highway culverts. Bridges must be analyzed using the U.S. DOT/federal highway administration hydraulics of bridge waterways calculation procedures. b. Lost floodway storage must be compensated for per subsection E2 of this section. c. Velocity increases must be compensated for per subsection E3 of this section. d. If the crossing is proposed over a public water that is used for recreational or commercial navigation; a department of transportation permit must be received. e. All excavations for the construction of the crossing shall be designed per subsection E8 of this section. £ The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNR/DWR for concurrence that a CLOMR is not required per this subsection and subsection D of this section. Reconstruction or Modification Of Existing Bridges, Culverts, And Approach Roads: a. The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year :__ _----g.,~,, ;~'rh~P,.~+~ngst~astur~is nets-seurso of--flood-darna~, b. If the existing bridge or culvert and roadway approach is a source of flood damage to buildings orstructures in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties. c. The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with the department of transportation rules 92 Illinois administrative code 708 (floodway construction in northeastern Illinois) and submitted to the division of water resources for review and concurrence before a permit is issued. On Stream Structures Built For The Purpose Of Backing Up Water: Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the 100-year frequency event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or floodwalls or within recorded flood easements. A permit or letter indicating a permit is not required must be obtained from IDNR/DWR, dam safety section for a dam safety permit or waiver for any structure built for the purpose of backing up water in the stream during normal or flood flow. All dams and impoundment structures as defined in section I1-14-3 of this chapter shall meet the permitting requirements of 92 Illinois administrative code '702 (construction and maintenance of dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that a. The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional storm water detention; b. The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning; c. The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures, and a presedimentation basin; d. A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals, and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control; e. The project otherwise complies with the requirements of this section. 7. Floodproofing Of Existing Habitable, Residential And Commercial Structures: If ___- -- -~onstruc-tip-is-re^,,:.~a~ ,~sido-dim~nsionse€tl~gxi~ting-build~ng,~he --- outside perimeter of the floodproofing construction shall be placed no farther than ten feet (10') from the outside of the building. Compensation of lost storage and conveyance will not be required for floodproofing activities. 8. Excavation In The Floodway: When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacementof existing bridge and culvert structures, or to compensate for lost conveyance for other appropriate uses, transition. sections shall be provided for the excavation. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/DWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency: a. When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (I') horizontal for every four feet (4') of the flooded stream's length; b. When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; and c. When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used. d. Erosion/scour protection shall be provided inland upstream and downstream of the transition sections. 9. .Seeding And Stabilization Plan: For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant. 10. Public Flood Control Projects: For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to IDNR/DWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right of way or easements for all flood events up to and including the 100-year frequency event. 11. General Criteria For Analysis Of Flood Elevations: a. The flood profiles, flows and floodway data in the designated floodway study, referenced in section. 12-14-6 of this chapter, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNR/DWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. b. If the 100-year designated floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet the requirements of this section for the 100-year frequency flood elevations of the --._...__..- -de°'•••^^~~~.Rte~flo dway CAn~ltiBnS-and-69n~i~F6rkS-w3-th-th~rPra~vinv etb roam at ._. ___. normal water elevations. c. If the applicant learns from IDNR/DWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five (5) years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built. 12. Conditional Letter OfMap Revision: If the appropriate use would result ina change in the regulatory floodway location or the 100-year frequency flood elevation, the applicant shall submit to IDNR/DWR and to FEMA all the information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/DWR a conditional approval of the regulatory floodway change before a permit is issued. However, the final designated floodway map will not be changed by IDNR/DWR until as built plans or record drawings are submitted and accepted by FEMA and IDNR/DWR. In the case of nongovernment projects, the municipality in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/DWR approval can be given. No filling, grading, dredging or excavating shall take place until a conditional approval is issued. No further development activities shall take place until a final letter of map revision (LOMR) is issued by FEMA and IDNR/DWR. 13. Professional Engineer's Supervision: All engineering analyses shall be performed by or under the supervision of a registered professional engineer. 14. Construction Activities In Floodway: For all activities in the floodway involving construction within twenty five feet (25') of the channel, the following criteria shall be met: a. A natural vegetation buffer strip shall be preserved within at least twenty five feet (25') of the ordinary high water mark of the channel. b. Where it is impossible to protect this. buffer strip during the construction of an appropriate use, a vegetated buffer strip shall be established upon completion of construction. c. The use of native riparian vegetation is preferred in the buffer strip. Access through this buffer strip shall be provided, when necessary; for stream maintenance purposes. d. After receipt of conditional approval of the designated floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the designated floodway designation may proceed but no buildings or structures or other construction that isnot an appropriate use may be placed in that area until the regulatory floodway designated floodway map is changed and a final letter of map revision is received. The regulatory floodway -- ___-_-gnated~Iaedwav-map will be-revise&~s~aeeeptance-and-cansurre-nce by -- IDNR/D WRand FEMA of the_"as built" plans. F. State Review: For those projects listed in this subsection, located in a designated floodway, the following criteria shallbe submitted to IDNR/DWR for their review and concurrence prior to the issuance of apermit: IDNR/DWR will review an engineer's analysis of the flood profile due to a proposed bridge pursuant to subsection E4 of this section. 2. IDNR/DWR will review an engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to subsection ES of this section. 3. The IDNR/DWR will review alternative transition sections and hydraulically equivalent storage pursuant to subsections El, E2 and E8 of this section). 4. The IDNR/DWR wrill review and approve prior to the start of construction any department projects, dams (as defined in section 12-14-3 of this chapter) and all other state, federal or local units of government projects, including projects of the municipality or county. G. Other Permits: In addition to the other requirements of this chapter, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/DWR, issued pursuant to 615 Illinois Compiled Statutes 5/5 et seq. No permit from IDNR/DWR shall be required if the division has delegated this responsibility to the village. H. Dam Safety Permits: Any work involving the construction, modification or removal of a "dam" as defined in section 12-14_3 of this chapter per 92 Illinois administrative code 702 {rules for construction of dams) shall obtain an Illinois division of water resources dam safety permit prior to the start of construction of a dam. If the village engineer finds a dam that does not have a IDNR/DWR permit, the village engineer shall immediately notify the dam safety section of the division of water resources. If the village engineer finds a dam which is believed to be in unsafe condition, the village engineer shall immediately notify the owner of the dam, IDNR(DWR, dam safety section in Springfield and the Illinois emergency services and disaster agency (ESDA). Activities That Do Not Require A Registered Professional Engineer's Review: The following actvities may be permitted without a registered prof ssional engineer's review. Sueh activities shall still meet the other requirements of this chapter, including the mitigation requirements. underground and overhead utilities that: a. Do not result in any increase in existing ground elevations, or b. Do not require the placement of aboveground structures in the designated floodway, or o, In the case of underground stream crossings, the top of the pipe or encasement is __:~,,..;~a min}mtan-e€o#v°,* iz~,4h~xistingstr-oambgd~n~ _. d. In the case of overhead utilities, no supporting towers are placed in the watercourse and are designed in such a fashion as not to catch debris. 2. Storm and sanitary sewer outfalls that: a. Do not extend riverward of the existing adjacent natural bank slope, and b. Do not result in an increase in ground elevation, and c. Are designed so as not to cause stream erosion at the outfall location. 3. Construction of sidewalks, athletic fields (excluding fences), properly anchored playground equipment and patios at grade. 4. Construction of shoreline and stream bank protection that: a. Does not exceed one thousand feet (1,000') hi length. b. Materials are not placed higher than the existing top of bank. c. Materials are placed so as not to reduce the cross sectional area of the stream channel or bank of the lake. Temporary. stream crossings in which: a. The approach roads will be one-half foot (1/2') or less above natural grade, b. The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage the or outfall invert. c. The top of the roadway fill in the channel will be at least two feet (2`) below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as riprap or gravel. d. All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction. e. The access road and temporary crossings will be removed within one year after authorization. (Ord. 07-07, 3-26-2007) 12-14-9: .PERMITTING REQUIREMENTS APPLICABLE TO ALL FLOODPLAIN AREAS: In addition to the requirements found in sections 12-14-7 and 12-14-8 of this chapter or development in flood fringe and designated floodways, the following requirements shall be met: A. Health Standards: Public health standards. ~--Storages: I3o-develapment~~sF~shaH inelude locates-or-staring c-hemical~ e~plesi,~e~, __ buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants or other hazards or - toxic materials below the FPE. C. Water, Sewer Systems: New and replacement water supply systems, wells, sanitary sewer lines and on site waste disposal systems may be permitted providing all manholes or other aboveground openings located below the FPE are watertight. D. Carrying Capacity And Nodfication: For all projects involving channel modification, fi1.1, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the village shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse. E. Protecting Buildings: All buildings located within a 100-year floodplain, also known as SFHA, shall be protected from flood damage below the flood protection elevation. However, existing buildings located within a designated floodway shall also meet the more restrictive appropriate use standards included in section 12-14-8 of this chapter. This building protection criteria applies to the following situations: Construction or placement of a new building; Nonconforming structures may remain in use, but shall not be enlarged, replaced or structurally altered. A nonconforming structure damaged by flood, fire, wind or other manmade or natural disaster may be restored unless the damage exceeds fifty percent (50%) of its market value. In which case, it must, thereafter, conform to this chapter; Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it lawfully occupiedbefore it was removed to avoid flood damage; and Installing a travel trailer on a site for more than one hundred eighty (180) days. F. Building Protection Requirements: A residential or nomesidential building, when allowed, may be constructed on permanent landf 11 in accordance with the following: 1. The lowest floor (including basement) shall be so sited on fill or be otherwise designed and constructed so as to include a freeboard of at least one foot (1') between the lowest floor and the base flood elevation. 2. The fill shall be placed in layers no greater than one foot (1') deep before compaction and should extend at least ten feet (10') beyond the foundation of the building before sloping below the flood protection elevation. The top of the fill shall be above the flood protection elevation. However, the ten foot (10') minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures. The fill shall be protected against erosion and scour. The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties. G. Elevation: A residential or nonresidential building may be elevated in accordance with the --._.......... fvll~w~ngr ____. ____ ____. .___. ....... 1. The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to floodwaters and not subject to damage by hydrostatic pressures of the base flood or 100-year frequency flood. The permanent openings shall be no more than one foot (1') above grade, and consists of a minimum of two (2) openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation. 2. The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris. 3. All areas below the flood protection elevation shall be constructed of materials resistant to flood damage. The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation. Water and sewer pipes; electrical and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation. 4. No area below the flood protection elevation shall be used for storage of items or materials. 5. When the building wall encloses open space that is below the base flood elevation, gravity storm and sanitary sewer connections are specifically prohibited and overhead sewers are required for the sanitary connections and sumps for the storm sewer connections. 6. Manufactured homes and travel trailers to be installed on a site for more than one hundred eighty (180) days shall be elevated to or above the flood protection elevation; and, shall be anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois mobile home tie down act issued pursuant to 77 Illinois administrative code 870. H. Floodproofing: Only a nonresidential building may be structurally floodproofed (in lieu of elevation) provided that a registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or 100-year frequency flood. The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice. Floodproofing measures shall be operable without human intervention and without an outside source of electricity (levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection). L Nonconforming Structures: Nonconforming structures located in a designated floodway may remain in use, but may not be enlarged, replaced or structurally altered. A nonconforming structure damaged by flood, fire, wind or other natural or manmade disaster may be restored unless the damage exceeds fifty percent (50%) of its market valuebefore it was damaged, in --_ -vvi ~i~h-ease-i~-shall~onfor~rte~hi~-c~~apt€n{Or~-07-9~3_-2~2007~- .._.. __-- 12-14-10: SUBDIVISION, DEVELOPMENT AND IMPROVEMENT REGULATIONS: The plan commission and the board of trustees shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development. A. New subdivisions, manufactured home parks, annexation agreements, and planned unit developments (PUDs) within the SPHA shall be reviewed to assure that the proposed developments are consistent with sections 12-14-7, 12-14-8, and 12-14-9 of this chapter and the need to minimize flood damage. Plats or plans for new subdivisions, mobile home parks and planned unit developments (PUDs) shall include a signed statement by a registered professional engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the plat act 3 . B. Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned unit developments (PUDs) and additions to manufactured home parks and additions to subdivisions shall include base flood or 100-year frequency flood elevation data and floodway delineations. C. Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a mamler as to preserve and utilize natural streams and channels. Wherever possible, the floodplains shall be included within parks or other public grounds. D. The plan commission and the board of trustees shall not approve any planned unit development (PUD) or plat of subdivision located outside the corporate limits unless such agreement or plat is in accordance with the provisions of this chapter: (Ord. 07-07, 3-26-2007) 12-14-11: ADMINISTRATION: The building commissioner and the village engineer shall be responsible for fulfilling all of the duties listed in this section. A. To fulfill those duties, the building commissioner first should use the criteria listed in section 12-14-6, "Base Flood Elevation", of this chapter, to determine whether the development site is located within a floodplain. Once it has been determined that a site is located within a floodplain, the village engineer must determine whether the development site is within a flood fringe, a designated. floodway, or within an SFHA or floodplain on which no floodway has beer. identified. If the site is within a flood fringe, the village engineer shall ensure that the minimum requirements of section 12-14-7 of this chapter are met. If the site is within the floodway, the village engineer shall ensure that the minimum requirements of section 12-14-8 of this chapter are met. In addition, the general requirements of section 12-14-9 of this chapter shall be met for all developments meeting the requirements of sections 12-I4-7 and 12-14-8 of this chapter. The building commissioner shall assure that all subdivision proposals shall meet the requirements of section 12-14-9 of this chapter. If a variance is to be granted Por a proposal, the building commissioner and the village engineer In order to assure that property owners obtain permits as required in this chapter, the building commissioner may take any and all actions as outlined in section 12-14-16 of this chapter. B. The building commissioner shall be responsible for the general administration and enforcement of this chapter which shall include the following: 1. Determining The Fooodplain Designation: Check all new development sites to determine whether they are in a special flood hazard area (SFHA). If they are in an SFHA, the village engineer shall determine whether they are in a floodway or in a flood fringe. 2. Professional Engineer Review: If the development site is within a floodway the permit shall be referred to a professional engineer (PE) under the employ or contract of the village for review to ensure that the development meets the requirement of section 12- 14-8 of this chapter. In the case of an appropriate use, the PE shall state in writing that the development meets the requirements of section 12-14-8 of this chapter. Danz Safety Requirements: Ensure that an IDNR/DWR dam safety permit has been issued or a letter indicating no dam safety permit is required, if the proposed development activity includes construction of a "dam" as defined in section 12-14-3 of this chapter. Regulated dams may include weirs, restrictive culverts or impoundment. structures. 4. Other Permit Requirements: Ensure that any and all required federal, state and .local permits are received prior to the issuance of a floodplain development permit. Plan Review And Permit Issuance: Ensure that all development activities within the SFHAs of the jurisdiction of the village meet the requirements of this chapter and issue a floodplain development permit in accordance with the provisions of this chapter and other regulations of this community when the development meets the conditions of this chapter. 6. Inspection Review: The village engineer shall inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure they comply with the provisions of this chapter. Elevation and Floodproofing Certificates: Maintain in the permit files an elevation ,certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building or the elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to section 12-14-9 of this chapter for public inspection and provide copies of same. 8. Records of Public Inspection: Maintain for public inspection and furnish upon request base flood data, SHFA and designated floodway maps, copies of federal or state permit documents, variance documentation, conditional letter of map revision, letter of map na~ revision;-lefts +°~U=,d-_,"°°?~uflt"~1€vation-andflaodproofnR~r_ elevation-and floodproofing certificates for-all. buildingsconstructed subject to this ..chapter......... 9. State Permits: Ensure that construction authorization has been granted by the Illinois division of water resources, for all development projects subject to section 12-14-8 of this chapter, unless enforcement responsibility has been delegated to the village. Upon acceptance of this chapter by IDNR/DWR and FEMA, responsibility is hereby delegated to the village as per 92 Illinois. administrative code 708 for construction in the regulatory floodway and floodplain when floodways have not been defined in sections 12-14-8 and 1.2-14-9 of this chapter. However, the following review approvals are not delegated to the village and shall require review or permits from IDNR/DWR: a. Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes; b. Department of transportation projects, dams or impoundment structures as defined in section 1.2-14-3 of this chapter and all other state, federal or local unit of government projects, including projects of the village and county, except for those projects meeting the requirements of subsection 12-14-8I of this chapter; a An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating The proposed flood profile, per subsection 12-14-8E3 of this chapter; d. An engineer's analysis of the flood profile due to subsection 12-14-8E4 of this chapter; e. Alternative transition sections and hydraulically equivalent compensatory storage as indicated in subsections 12-14-8E1, E2 and E8 of this chapter; f Permit issuance of structures within or over publicly navigable rivers, lakes and streams; g. Any changes in the base flood elevation or floodway locations; and h. Base flood elevation determinations where none now exist. 10. Cooperation yl'ith Other Agencies: Cooperate with state and federal floodplain management agencies to improve base flood or 100-year frequency flood and designated floodway data and to improve the administration of this chapter. Submit data to IDNR/DWR and the federal emergency management agency for proposed revisions of a regulatory map. Submit reports as required for the national flood insurance program. Notify the federal emergency management agency of any proposed amendments to this chapter. 11. Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this chapter, subject however to the review and approval of IDNR/DWR and FEMA for any chapter changes. (Ord. 07-07, 3-26-2007) 12-14-12: APPEALS OF ADMINISTRATIVE DECISIONS: Appeals of the decisions of any administrative body of the village in the interpretation of this chapter may be made to the village board by any aggrieved person or governmental unit within thirty (30) days of such decision of approval or rejection. Grounds for approval or rejection of all such appeals shall be stated in writing. (Ord. 07-07, 3-26-2007) 12-14-13: DISCLAIMER OF LIABILITY: The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This chapter does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage. This chapter does not create liability on the part of the village or any officer or employee thereof For any flood damage that results from reliance on this chapter or any administrative decision made lawfully hereunder. (Ord. 07-07, 3-26-2007) 12-14-14: SEPARABILITY: The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall. not affect the validity of the remainder. (Ord. 07-07, 3-26-2007) 12-14-15: JUDICIAL REVIEW: All final actions of the zoning board of appeals and the village board of trustees shall be reviewed in compliance with the administrative review act of 735 Illinois Compiled Statutes, and the provisions of the administrative review act are hereby adopted for the purpose of such judicial review. (Ord. 07-07, 3-26-2007) 12-14-16: PENALTIES FOR VIOLATION: Failure to comply with the requirements of a permit or conditions of a variance resolution shall be deemed to be a violation of this chapter. Upon due investigation, the building commissioner may determine that a violation of the minimum standards of this chapter exist. The building commissioner shall notify the owner in writing of such violation. A. If such owner fails after ten (10) days' notice to correct the violation: The village may make application to the circuit courC for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with this chapter. 2. Any person who violates this chapter shall, upon conviction thereof, be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense. 3. A separate offense shall be deemed committed upon each day during or on which a ---violation ecer sontiriues. -------- ----- 4. The village may record a notice of violation on the title to the property. B. The building commissioner shall inform the owner that any such violation is considered a wilful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended. C. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (Ord. 07-07, 3-26-200' SECTION 3: This ordinance shall be in full force and effect from and after its adoption, approval; and publication as provided by law. PASSED THIS 11 `" day of August 2008. Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED BY ME THIS 11t" day of August 2008. Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILES in my office This 12`" day of August 2008. Carol A. b~ritzshall, Village C~Lerk Village of Morton Grove Cook County, Illinois Legis\ord\2008\Flood damage prevention dative Jamma Resolution 08-44 AUTHORIZING THE EXECUTION OF A CONTRACT WITH COMPLETE ASPHALT SERVICE COMPANY AS A PARTICIPANT OF THE NORTHWEST MUNICIPAL CONFERENCE 2008 CRACK SEALING PROGRAM Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload July 28, 2008 To authorize the Village President to execute a contract with Complete Asphalt Service Company as a participant of the Northwest Municipal Conference 2008 Crack Sealing Program. The 2008 Crack Sealing Program is necessary to maintain and extend the service life of the roadway pavement throughout the Village. Each year the Village contracts with a crack sealing contractor through the Northwest Municipal Conference in a joint purchasing program to take advantage of economies of scale for pavement maintenance. Public Works The estimated project cost is $20,000. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. MFT account: 035060-552290 The as part of their normal work ientation of the program. Administrator Recommendation: First Reading: Special Considerations or Requirements: Approval as presented. July 28, 2008 None Respectfully submitted: Q,~/1(d ~~~ Jos F. ade; Village Administrator ~- Prepared by: - ~`~-- , Ry n Gillinghaa~ Villa' Engineer Reviewed by: 1 Teresa ~,otporanon ~ ounsei RESOLUTION d8-44 AUTHORIZATION TO EXECUTE A CONTRACT WITH COMPLETE ASPHALT SERVICE COMPANY AS A PARTICIPANT OF THE NORTHWEST MUNICIPAL CONFERENCE 2008 CRACK SEALING PI20GRAM 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 19'70 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 Public Works Department maintains roadway pavement throughout the Village; and WHEREAS, there are twenty-five municipalities from the Northwest Municipal Conference participating together this year in a joint purchasing program for the 2008 Crack Sealing Program in order to reduce costs; and WHEREAS, the Northwest Municipal Conference bids this program under an Illinois Department of Transportation contract; and WHEREAS, participants in the Northwest Municipal Conference 2008 Crack Sealing Program agree to only use the awarded vendor for all requirements of crack sealing; and WIiEREAS, the Northwest Municipal Conference awarded the 2008 Crack Sealing Contract to Complete Asphalt Services Co~~ny,.~Pittsfield, Illinois• and WHEREAS, the estimated Village of Morton Grove costfor this contract is $20,000,-and funding for the above work is included in the Village of Morton Grove 2008 Budget in MFT Account 035060- 552290; and WHEREAS, various street sections are to be included in the 2008 program, including sections of Beckwith Road, Menard Avenue, Greenwood Avenue, Ozark Avenue, and Suffield Street; and WHEREAS, Complete Asphalt Service Company has been pre-approved by the Northwest Municipal Conference as being qualified to perfonn this type of work. NOW, THEREFORE, BE 1T RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator, Director of Public Works, and Village Engineer are hereby authorized to coordinate and authorize paymentto Complete Asphalt Service Company, 1601 Kamar Drive - P.O. Box 457, Pittsfield, IL 62363, based upon their bid for Routing and Crack Sealing with the Northwest Municipal Conference. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 28`" DAY OF JULY 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thi11 APPROVED BY ME THIS 28`" DAY OF JULY 2008 Richard Krier, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 29~' day of JULY 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 08-45 AUTHORIZING THE EXECUTIONOF A CONTRACT WITH J.A. JOHNSON PAVING COMPANY FOR THE 2008 STREET PATCHING PROGRAM Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Workload Impact: Administrator Recommendation: First Reading: Special Considerations or Requirements: July 28, 2008 To authorize the Village President and Board to execute a contract with J.A. Johnson Paving Company for the 2008 Street Patching Progranx. The 2008 Street Patching Program is necessary to provide site specific repairs on streets in the Village. The project includes various streets and locations throughout the Village. The Village contracts amiually with a paving contractor to patch streets within the Village in need o€ local repairs. This contract was bid through a public process in accordance with the Village code where the contract was advertised and sealed bids were received. Public Works, Engineering Division The estimated contract value is $64,900.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Tax -Account No.: The Public Works Department, Eigineering Divisiuu, as part of their normal work activities, perfotims the management and implementation ofthe program. Approval as presented. July 28, 2008 None Respectfully submitted: ~}-Ji~~', 7~i./t Joseph. Wa ed' ,Village Administrator Prepared b~ ` i~ -~ I .~ ~ Reviewed by: Ran .Gillingham, Village ~ngineer Teresa Corporation Counsel RESOLUTION 08-45 AUTHORIZATION TO EXECUTE A CONTRACT WITH J. A. JOHNSON PAVING COMPANY FOR THE 2008 STREET PATCHING 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 Patching Program is necessary in order to maintain the Village's infrastructure: and WHEREAS, various streets are included in the 2008 Street Patching Program; and WHEREAS, the Public Works Department advertised in the June 19, 2008, issue of the Pioneer Press Newspaper inviting bids on the "2008 Street Patching Program"; and WHEREAS, nine general contractors obtained the bidding materials; and WHEREAS, four bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m: on Friday, July 11, 2008, with the bid results as follows: Contractor Total Peter Baker and Sons Company $115,200.00 J. A. Johnson Paving Company $64,900.00 --- - -- - ---- - A. Lamp Concrete Contractors, Inc: $177,500.00- Chicagoland Paving, Inc. $88,600.00 and WHEREAS, the low bidder is J. A. Johnson Paving Company of Arlington Heights, IL; and WHEREAS, the qualifications and availability of the low bidder have been verified; and WIIEREAS, funding for the above work is included in the Village of Morton Grove 2008Budget in the Motor Fuel Tax Fund (Account Number 03-50-60-55-2290); and WHEREAS, any remaining MFT funds will be applied towards the Village's unobligated MFT balance. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. set forth. SECTION 2: The Village President of the Village of Morton Grove is hereby authorized to execute and the Village Clerk to attest a contract with the J.A. Johnson Paving Company, 1025 E. Addison Court, Arlington Heights, IL 60005, based upon their bid for the "2008 Street Patching Program" in the estimated amount of $64,900.00. SECTION 3: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 28`x' day of JULY 2008 Trustee Brunner Trustee Kogstad Tnastee Marcus Trustee Minx Trustee Staackmann Trustee Thill APPROVED by me this 28`x' day of JULY 2008 Richard Krier; Village President -- -- - ~CriTlage of o on ve -.- Cook County; Illinois ATTESTED and FILED in my office This 29~' day of JULY 2008 Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois