HomeMy WebLinkAbout2008-08-11 AgendaAGENDA
VILLAGE OF MORTON GROVE
MEETING OF THE BOARD OF TRUSTEES
TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER
AUGUST 11, 2008
Meeting 7:30 pm
1. Call to Order
2. Pledge of Allegiance
3. Ro1LCa11
4. Approval of Minutes - Regular Meeting, July 28, 2008
5. Public Hearings
6. Special Reports
a. Plan Commission Case PC08-03 Requests a Special Use Permit for a Commercial Wireless
Antenna Installation on the Commonwealth Edison Tower at 9400 Austin Avenue will be
Presented by Plan Commission Chairperson Ronald Farkas
b. Plan Commission Case PC08-OS Requests a Special Use Permit Amendment to Expand the
Existing Drive-Through Facility at 8745 Waukegan Road will be Presented by Plan Commission
Chairperson Ronald Farkas
7. Resident's Comments (agenda items only)
8. President's Report -Administration, Northwest Municipal Conference; Council of Mayors, TIF
Committee, Capital Projects, Real Estate Committee
a. Announcement of Morton Grove Family Fest -September 20, 2008
9. Clerk's Report -Condominium Association, Advisory Commission on Aging
10. Staff Reports
a. Village Administrator
b. Corporation Counsel
1 I. Reports by Trustees
a. Trustee Brunner -Legal, Fancily and Senior Services Department, Cable and
Telecommunications Commission, Environmental Health, Waukegan Road TIF Review, Solid
Waste Agency of Northern Cook County, Community Relations Commission (Trustee Kogstad)
b. Trustee Kogstad - Conxprehensive Plan, Advisory Commission on Aging (Trustee Minix)
11. Reports by Trustees (continued)
a Trustee Marcus -Police Department, Police and I+ire Commission, Real Estate Committee,
Chamber of Commerce (Trustee Thill)
d. Trustee Minx -Finance Department, Real Estate Committee, Plan Connnission, Ferris/Lehigh
TZF Review, Fire Department, RED Center, NIPSTA, Capital Projects, Police and Fire
Commission, Economic Development, Northwest Municipal Conference (Trustee Staackmann)
1) Ordinance 08-30 (Introduced August 11, 2008)
Granting a Special Use Permit in the Village for Property Located at 9400 Austin for a
Commercial Wireless Antenna Installation
2) Ordinance 08-31 (Introduced August 11, 2008)
Granting an Amendment to the Special Use Permit for the Property Located at 8745
Waukegan Road to Expand the Existing Drive-Through Facility
e. Trustee Staaekmann -Building Department, Appearance Commission, ESDA,
IT/Communications, Dempster Street Corridor Plan (Trustee Brunner)
f. Trustee Thill -Public Works, Capital Projects, Ti°affic Safety Commission, Natural Resource
Commission, Solid Waste Agency of Nor°thern Cook County (Trustee Marcus)
1) Ordinance 08-28 (Introduced July 28, 2008)
Revisions to Title 12, Chapter 14 Entitled "Flood Damage Prevention"
2) Ordinance OS-32 (Innroduced August 11, 2008)
Authorizing the Sale of Surplus Personal Property Owned by the Village
12. Other Business
i3. Presentation of Warrants-$587,163.77
14. Resident's Comments
15. Executive Session -Personnel, Labor Negotiations, and Real Estate
16. AdJournment - To ensure fill accessibility and equal partlcipation for all interested citizens, individuals with disabilities
who plan to attend aruf who require certain accommodations in order to observe and/or participate inYhis meeting, or who
have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (849/470-5220)
promptly to allow the Village to make reasonable accommodations.
CALL TO ORDER
Village President Rick Krier called the meeting to order at 7:30 p.m: and led the assemblage in
the Pledge of Allegiance.
Viliage_Clerk Caral 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 July 14, 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 July 14, 2008 Regular Meeting Minutes as submitted. Motion
passed unanimously via voice vote.
IV. PUBLIC HEARINGS
NONE
V. SPECIAL REPORTS
Swearing In Ceremony for Two New Police Officers
Fire and Police Commission Chairman Mike Simkins, accompanied by Police Chief Tasch and
Trustee Marcus, performed the swearing in for two new police officers.
Officer Timothy Walsh began his employment with the Village on June 30, 2008 and began
attending the training academy on July 7`h. He was raised in Hoffman Estates and graduated
from St. Viator High School in Arlington Heights. Officer Walsh attended Western Illinois
University, majoring in Law Enforcement and Justice Administration, and graduating with a
Bachelors degree.
Officer Brady Hester also began his employment with the Village on June 30'" and began
attending the academy on July 7'". He was raised in Naperville and played football -at
Naperville Central High School. Officer Hester attended Florida State University, majoring
in Sociology and graduating with a Bachelors degree.
The Board and the assemblage congratulated both new officers and wished them well.
RAinutes of Jut 28; 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.
Dr. Saba Khan. Dr. Khan introduced herself and her husband. She is a periodontist who will
hopefully be purchasing the property at 5821 Dempster, which is covered under Ordinance
08-27, scheduled to be voted upon later this evening. She said she felt she'd made the Vil-
lage adecent offer for the property and that she intended to set up a practice with a variety
of specialties. Dr. Khan said she also hoped to provide some employment opportunities to
Village residents.
VII. PRESIDENT'S REPORT
Mayor Krier read a proclamation supporting the Cityof Chicago iri its efforts to compete for the
privilege to host the 2016 Olympic and Paralympic Games, noting that Chicago is a world-
class city with remarkable diversity, history, culture, and people.
Trustee Marcus commented that he hoped the Village's support was "moral support" and
did not involve any financial commitment. Mayor Krier said there are no requests for funding
attached to this proclamation.
2. Mayor Krier noted that District 219 was requesting permission to put up a banner on Dempster
by Harrer Park in honor of Niles West's 50`h anniversary. Mayor Krier granted the request.
3. Mayor Krier did a little "commercial" for the Park District, noting that the Park District is doing a
long-term survey on its pools and they're seeking community input.'There is a`meeting at -
Prairie View Center on Thursday, August 14, at 7:00 p.m. to discuss this. Mayor Krier assured
the. assemblage that there are no plans to close either of the Park District's pools.
4. Mayor Krier presented Ordinance 08-25, Amending Title 6, Chapter 2 Entitled "Deadly
Weapons" of the Municipal Code of the Village.
This is the second reading of this ordinance.
Mayor Krier 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
provides ah individual right for persons to possess handguns within their residence and that
laws prohibiting such possession are unconstitutional. The Court also ruled that units of
government have the right to impose reasonable regulations on the possession of firearms.
- Minutes of July 28; 20088oard Meeting
VII. PRESIDENT'S REPORT (continued)
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 the
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 certainly 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
transport a weapon unless it is broken down in a nonfunctioning state or not immediately
accessible. Further, it is unlawful for a person to possess certain unusual or dangerous fire-
arms, 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.
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.
Trustee Staackmann moved to approve Ordinance 08-25, seconded by Trustee Minx.
Mayor Krier asked the Board if any residents wished to comment on Ordinance 08-25.
a. Peggy Friewer, 5848 Cleveland. Mrs. Friewer noted that she was present at the June 1981
where the original ordinance was approved.. She said she was very sad to see this Board
contemplating approval of this ordinance to repeal the handgun ban. She said her under-
standing`wasthat fhe Supreme Court's ruling does not affect homerule municipalities, so
there didn't seem to be a reason to do this. Mrs. Friewer said she had heard that the Village
was fearful of being sued, and pointed out that the Board was sued in 1981, and the case was
taken to the highest court in Illinois, where it was upheld. She did. not feel that this Board
should back down, and felt there was no reason for anyone to ever have a handgun in their
home.
b. Jean and Jennifer Bishop. Jean Bishop introduced herself as being the head of the Steering
Committee for the North Suburban Chicagoland Million Mom March, an organization with
members in Morton Grove and other North Shore communities, including Wilmette and Win-
netka, which are facing the same decision as Morton Grove (whether or not to repeal the
.handgun ban). Jennifer Bishop. is the National Program Director for the Victims and Survivors
of Gun Violence, the James Brady campaign. They were at the meeting to ask the Board to
consider taking "no action" this evening. They said that nothing "legally" needs to happen at
this point, as the Supreme Court's ruling does not pertain to state and local laws. The majority
opinion actually states that nothing in the ruling should affect any "long-standing prohibitions".
In fact, there is a significant amount of regulation that can be done. Ms. Bishop said that she
was aware that the Village had been in contact with the national organization, legal Commu-
nity Against Violence, a group which has a package of laws and model ordinances that the
Village could choose to use as a replacement for its current ordinance.
Minutes of July 28, 20086oard Meeting)
VII. PRESIDENT'S REPORT (continued)
Ms. Bishop pointed out that a benefit of licensing and registration is that when law enforce-
ment personnel go intosomeone's home, they will know who has firearms and who does not.
She encouraged the Village to wait and take a look at some of these new laws and model or-
dinances being developed-that's what Winnetka decided to do. Wilmette did vote td repeal.
their ordinance, although they acknowledged that the Supreme Court ruling does not apply to
Winnetka. If the Village repeals its ordinance without any licensing or registration in its place,
how will a parent know whose home has a gun in it, when they send their childreri over to play
at that house. Ms. Bishop had copies of the Million Mom March's "Parent's Guide to Prevent-
ing Gun Vidlence in Your Home, School, and Community" that she left with Clerk Fritzshall.
c. Alice Gutenkauf. Mrs. Gutenkauf reminded the Board that, even though this is a controversial
matter, there are 48 states right now that have laws allowing residents to conceal and carry a
firearm under very strict laws (in some cases). There are strict laws in place regarding regis-
tration requirements, etc., but what isn't in place is parental responsibility. She said that it
shouldn't be "just the Village" being responsible for safely having a gun at home. She said she
realized that, if this ordinance is approved, it does not prohibit the Village from regulating
guns, although she said she objected to "frivolous" regulations. Mrs. Gutenkauf felt that, when
someone's allowed to have a gun in their home, they are safer than they are without one. She
felt people should be allowed to have a weapoh in their own homes, if they so desired. It's not
a requirement; it's an allowance: She thought that people who are fervently against passage
of this ordinance are afraid because they don't know anything about guns. The Board has a
responsibility to the community to pass this ordinance:
d. Stacey Jenke. Mrs. Jenke is a seven-year resident who says she has rifles at home in a gun
safe. She felt that gun education was critical and she put her child through a gun safety pro-
gram so he could learn when not to pick up a gun, how to disarm a gun, how to tell when a
gun is loaded or not, and the importance of knowing that when you kill something, it's not go-
ing to come back. Mrs. Jenke noted that the State of Illinois police do gun safety seminars at
Bass Pro Shop. She felt that it's the parent's responsibility, not the government's, to keep
°chiltlren safe. She'said she was not endduraging'everyone tb go out and get a gun, but felt
that a safety plan should be proposed, along with education to understand that guns are
.dangerous and should be kept locked in a gun safe, or handled properly when not in a gun
safe.
e. Kerry Trausch, 8916 Austin. Mr. Trausch, a resident for nearly 50 years, said he felt-that the
handgun ordinance was against people's rights back in 1981 and still feels that way. He said
he did not think there had been any accidental shootings in the Village prior to 1981.. He cited
the case of the Wilmette man who protected his family with a gun, in spite of Wilmette's gun
ban. He said that police officers go into situations thinking everyone has a weapon.
Mr. Trausch said he believed the Board would be doing the right thing, the Constitutional
thing, by approving this ordinance.
f• Dan Wolinsky. Mr. Wolinsky, a lifelong resident, noted that, while it's true that police are
trained fo go into situations expecting the worst, over time, they relax, and that's when a
criminal would be likely to turn a gun on then. He said that he did not feel that licensing and/or
registration would be beneficial. He felt it was in the Village's best interests not to fight the
Supreme Court's ruling, but rather, to repeal its ordinance.
Minutes orJulY 28, 20086oard Meeting'.
VII. PRESIDENT'S REPORT (continued)
g. Dr. Donald Szachowicz, 6734 Beckwith. Dr. Szachowicz said he is a 40-year resident of the
Village and commented thathe didn't like "outsiders" (i.e., the ladies from Wilmette) coming
into Morton Grove to "tell us what everyone else is doing" and to tell the Village what to do. He
added, "You don't see the NRA here." He found that interesting. Dr. Szachowicz felt that he
should be allowed to protect himself and his family in his own home, and felt it was logical for
everyone to have that right. He thought there was something wrong if Americans couldn't
defend themselves in their own homes. He hoped the Board wouldn't listen to outsiders telling
them how to vote.
Paul Stanton, 9424 Ozanam. Mr. Stanton said that he was not anti-gun, he was anti-stupidity.
There is firearm training available and it makes a big difference. He felt that more communi-
cation was needed. Mr: Stanton, a deacon in the Catholic Church, applauded the Board for
not wasting taxpayer dollars on fighting this issue. He felt that more discussion about each
other's fears was more appropriate.
Ken Viane; 8928 McVicker. Mr. Viane urged the Board to vote on Ordinance 08-25 as
written; it's well done and he felt counsel did an excellent job putting it together. He brought in
a newspaper clipping from 1981 that stated, "In 1980, crime in Morton Grove dropped by 9%."
That was prior to the gun ban being enacted. He also noted that the gun ban didn't stop a theft
at the Morton Grove office of the Niles Savings and Loan; the theft occurred in December of
1981. Mr. Viane said, "This is the history that wasn't brought up."
Trustee Brunner said that she heard what everyone's saying, but she also noted that the
Supreme Court let 70 years go by before they took on a case of gun rights for individuals. She
said she appreciated the hard decision made by the Board in 1981. She thanked the Million
Dollar Mom and Brady Campaign representatives for attending tonight, even though they are
outsiders. She felt that they do a lot of good work and research into gun laws and regulations.
" Trustee'Brunner felt that people had a"misconception of what gun lidensing and gun registra-
tion is in the State of Illinois. Gun licensing only allows you to have a card stating that you can
own a gun. Licensing involves doing a background check but doesn't require that a person be
trained to use a gun and it doesn't involve any fingerprinting. Licensing renews every five
years. She said that a person could buy a gun and commit a felony, and still own the gun until
they go to jail Licensing doesn't provide much safety for the general public. Registration,
however, allows for the tracing of handguns; for the sale and transfer of guns to be recorded.
She agreed that she wouldn't want the Village's police officers to depend on licensing and
registration when going into any type of situation-she felt it made sense for them to go in
expecting any of the parties involved to have a weapon.
Trustee Brunner said she was still researching whether or not it made sense for Morton Grove
to have any provisions regarding licensing and registration; she said she didn't feel any
support from the Board in this matter though. She said she understands that criminals aren't
going to license or register their guns...but illegal guns come from somewhere. Illinois state
law does not require a person to report a stolen gun or to record the sale of a gun to another
person. If a gun were used in a crime, if there was registration in the State, the serial number.
pf the gun could be used to trace the gun to its original owner.
Minutes of:JUly 28, 2008BOard Meetingl
VII. PRESIDENT'S REPORT (continued)
Trustee Brunner agreed with both Ms. Bishops that the Village was possibly acting in haste
with tonight's ordinance. She noted that Evanston is considering an ordinance restricting
ownership to the home. Morton Grove's is somewhat broader. She said she wasn't proposing
any amendments tonight, and said she wished the Board could "take a step back tonight and
wait it out."
Trustee Staackmann said he appreciates the courage the Board showed in 1981 in "a noble
experiment". He said that, truthfully, he didn't know whether the handgun ban made Morton
Grove a safer place or not, and cited Chicago's gun and crime problems, in spite of the fact
that Chicago also has a gun ban. He said the problem is that bad people will always have
guns. He pointed out that the Village doesn't have the resources to fight this: Trustee
Staackmann said it was ironic that Morton Grove was the first town to institute a handgun
ban while maintaining a handgun shooting range within its boundaries. He felt that the Board
is doing the right thing tonight, adding that he'd be open and willing to any viable restrictions
that would make the Village a safer place in the future.
Mayor Krier said that the discussion tonight and two weeks ago has made him proud. He said
he's proud that the residents have shown respect and decorum in these two hearings despite
the emotional nature of the issue: It's what has made Morton Grove one of the ten best places
to live.
Trustee Marcus echoed Trustees Brunner and Staackmann in their appreciation of the 1981
Board's courage. He said that he, too, was glad to hear both sides of the issue expressed by
residents respectfully. He said he looks at this decision as being at the core of being. an
elected official who has sworn to uphold the Constitution. He felt the Village should support
the Supreme Court's decision, noting that the Village will always have the opportunity to
review this ordinance again from time to time in the future. Trustee Marcus felt this was the
best decision on how to handle this issue at this time.
Trustee Kogstad noted that individuals have a Constitutional right to have a firearm and to
use it for self-defense. Governments are permitted to regulate the sale of said firearms. The
this is a fundamental right. Trustee Kogstad said that "this is a historic decision" and said he
believed the Supreme Court had done the right thing.
Trustee Thill said that perhaps national education should be considered, similar to driver's
education. Drivers must take a vision test and a driving test...with guns, they should take
classes and demonstrate shooting range skills. He noted that an initiative like this would have
to "start at the top".
Mayor Krier called for the vote on Ordinance 08-25. Motion passed: 5 ayes, 1 nay.
Tr. Brunner n~ Tr. Kogstad aye Tr. Marcus ave
Tr. Minx aye Tr. Staackmann ~ Tr. Thill ave
Vlll, CLERK'S REPORT
Clerk Fritzshall had no formal report, but noted that she is partnering with the Morton Grove
Public Library to encourage voter registration. People interested in registering to vote can
come to the Library and do so on Wednesday evenings from 7:00 p.m. to 9:00 p.m. during the
month of August. Village Hall is also open on Thursday evenings from 5:00 to 8:00 p.m. and
people can come to register there as well
- Minutes of July 28 2008 Board Meeting
IX.
A.
X.
A.
STAFF REPORTS
Villaoe Administrator
Mr. Wade had no report.
Corporation Counsel:
Ms. Liston had no report.
TRUSTEES'REPORTS
Trustee Brunner:
Trustee Brunner presented 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.
This is the second reading of this ordinance.
Trustee Brunner explained that the Village had purchased four parcels of land in 2002 in order
to construct a municipal parking lot to benefit local merchants and shoppers.. In 2007, federal
and state funds became available for the construction of that parking lot. It was designed in
such a way 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 re-
taxes. The ordinance was amended at the last Board meeting to reflect that all proceeds from
the sale of this property will be set aside and used only for Dempster Street related projects.
Trustee Brunner moved to approve Ordinance D8-27, seconded by Trustee Minx.
Trustee Staackmann said he wished Dr. Khan great success, adding that he still wished that
the site could have been used for retail sales.
Trustee Thill said that, when he proposed the amendment to this ordinance two weeks ago,
Mayor Krier had commented that his proposed amendment was an "indication to Village staff
that he (Trustee Thill) didn't trust them." Trustee Thill said he didn't know where that came.
from; he just wanted to send a message to the businesses on Dempster Street that the Village
is totally committed to the Dempster Street Improvement Project., He also thanked his fellow
trustees for voting to approve the amendment.
Mayor Krier called for a vote on Ordinance 08-27. Motion passed: 5 ayes, 1 nay.
Tr. Brunner- ~ Tr. Kogstad aye Tr. Marcus
Tr. Minx ~ Tr. Staackmann n~ Tr. Thill aye
7
Minutes of Jui 28, 20086oard Meetin`
X.
TRUSTEES' REPORTS (continued)
A. Trustee Brunner: (continued)
2. Trustee Brunner noted that July is Elder Abuse Awareness month. Agencies that serve the
elderly are sponsoring a campaign to promote awareness of the various types of elder abuse
that can occur, such as physical, sexual; and emotional abuse. Additionally, there is also a
growing phenomena of passive neglect by overstressed caregivers. Financial exploitation of
the elderly is another serious problem that is happening more often. If anyone knows of any
elderly person who is being abused in any way, you can report it confidentially by calling the
Illinois Department of Aging's 24-hour elderly abuse hotline (1-866-880-1409) or by contacting
the Village's social worker
B. Trustee Kogstad:
Trustee Kogstad had no report.
C. Trustee Marcus:
Trustee Marcus had no formal report, but congratulated the new police officers, Chief Tasch,
and Chairman Simkins for continually bringing competent; qualified individuals to fill the
vacancies in the Village's police department. The Commission and the Chief put in many
hours ensuring that the individuals hired by the Village meet the highest standards.
D. Trustee Minx:
1. Trustee Minx presented Resolution 08-43, Authorizingthe Village of Morton Grove to
Acquire-Property-Commonly Known-as 6401-and 6420,GhestnuY Street,-Morton Grove, -
Illinois.
She explained that this property is located within the Lehigh-Ferris TIF District and will be
land-banked. for future redevelopment and/or commuter parking and/or infrastructure
improvements. The purchase price is $1,390,000, and according to the terms of the contract,
the closing will take place on or before September 30, 2008, and the properties shall be
vacant at the time of the closing.
Trustee Minx moved to approve Resolution 08-43, seconded by Trustee Thill. Motion
passed: 6 ayes, 0 nays.
Tr. Brunner aye Tr. Kogstad aye Tr. Marcus
Tr. Minx a~ Tr. Staackmann aYe Tr. Thill aye
2 Next, Trustee Minx presented Resolution 08-46, Tax Abatement Resolution for 2007 Tax
Levy Relating to Ordinance 07-26.
She said that this resolution authorizes an abatement of taxes levied for 2007 which are
collected in 2008 in the amount df $398,667.
i~:
X.
D. Trustee Minx: (continued)
TRUSTEES' REPORTS (continued)
The passage of this resolution is necessary to authorize and direct the Cook County Clerk not
to collect property taxes for interest payments in this amount due in 2008 representing Debt
Service on the 2007 General Obligation Bonds.
Trustee Minx moved to approve Resolution 08-46, seconded by Trustee Thill. Motion
passed: 6 ayes, 0 nays.
Tr. Brunner afire Tr. Kogstad ~e Tr. Marcus
Tr. Minx a~~e Tr. Staackmann ~? Tr. Thill
3. Trustee Minx then brought forward Resolution 08-47, Tax Abatement Resolution for 2007
Tax Levy Relating to Ordinance 07-33.
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. Trustee Minx
said that the Cook County Clerk has Yequested that 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 $45,900, and the supporting documentation was different from the
final levy. amount. This affirms that the Village's total tax levy, after abatements, is
$11,852,246.
Trustee Minx moved to approve Resolution 08-47, seconded by Trustee Thill.
Trustee Kogstad noted that tonight's Agenda listed this tax abatement resolution as relating to
Ordinance 07-30, not Ordinance 07-33. He wondered if that presented a problem.
Corporation Counsel Liston responded that the Ordinance is correct, and that's what the
Board is voting on-not the Agenda.
Upon the vote, the motion passed: 6 ayes, 0 nays.
Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus a~
Tr. Minx a~ Tr. Staackmann a1re, Tr. Thill aye
E. Trustee Staackmann:
Trustee Staackmann presented Ordinance 08-26, 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 Cto be Entitled "Emergency Manage-
ment Agency."
This is the second reading of this ordinance.
Trustee Staackmann 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 Vil-
lage: Tlie Village has benefited greatly from the volunteer services of the members of the
Emergency Services and Disaster Agency.
` Minutes of:July 28,2008 Board Meeting
X. TRUSTEES' REPORTS (continued)
Trustee Staackmann: (continued)
The Agency's functions have been codified in Title 2, Chapter 6 of the Municipal Code. Re-
cent changes td a variety of federal and state requirements and guidelines 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.
Trustee Staackmann moved, seconded by Trustee Minx, to adopt Ordinance 08-26. Motion
passed: 6 ayes, 0 nays.
Tr. Brunner aye Tr. Kogstad a~~e Tr. Marcus ~e
Tr. Minx ~ Tr. Staackmann ~e Tr. Thill
Trustee Staackmann thanked the department heads and John Hilt for their work on this ordi-
nance and for all their efforts on the Village's behalf.
Trustee Staackmann also thanked Corporation Counsel Liston, Building Commissioner Ed
Hildebrandt, and Public Works Director Andy DeMonte for trying to get the grass cut in the
parkway of several residences that are up for foreclosure. He said residents need to know
that there are many restrictions to the Village doing this, but it is doing whatever it can to help
keep neighborhoods looking presentable.
Trustee Thill
1: Trustee Thill presented for a`first reading Ordinance 08-28 Revisions to Title 92, Chapter
14 Entitled "Flood Damaage Prevention".
He explained that, in orderto 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 orderto remain compliant, the Village must adopt the most recent version of
these maps and studies. This ordinance updates the most recent version of these maps and
flood studies to August 19, 2008.
Trustee Kogstad asked about that particular date and if there were going to be new maps.
Public Works Director DeMonte said that August 19, 2008 is the date the maps have to be
turned in to the State of Illinois iri orderto remain compliant. He said the Village's flood
boundaries and floodways really have not changed, but new maps will be drawn up and
submitted.
10
" Minutes of Jul 28,.2006 Board Meetin"
X.
TRUSTEES' REPORTS (continued)
Trustee Thill: (continued)
Next, Trustee Thill presented 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.
He explained that 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.
The estimated project cost is $20.,000, but, since this is a unit price contract, the final contract
amount will be based on the actual quantity of work performed.
Trustee Thill moved to approve Resolution 08-44, seconded by Trustee Minx.
Trustee Marcus asked if the Village pays for this or is it covered by funds the Village receives
from the State. Administrator Wade responded that the Village pays for this; it is not covered
by the State.
Upon the vote, the motion passed: 6 ayes, 0 nays.
Tr. Brunner ~ Tr. Kogstad ~e Tr. Marcus
Tr. Minx afire Tr. Staackmann a~~e Tr. Thill aye
Trustee Thill then presented Resolution 08-45, Authorization of a Contract with J.A.
Johnson Paving Company for the 2008 Street Patching Program.
Again, this program is necessary to provide site-specific repairs on streets in the Village. The
project includes various streets and locations throughout the Village. The estimated contract
value is $64,900. Since this is a unit price contract, the final contract amount will be based on
the actual quantity of work performed.
Trustee Thill moved to approve Resolution 08-45, seconded by Trustee Minx.
Trustee Kogstad noted that there was a huge variance between the high and low bids, as
presented. He wanted to be sure that the Village was definitely getting everything it asked for,
and that the contractor would not come back and say it needed more dollars because
something hadn't been included. Public Works Director DeMonte said the Village has seen
these types of variances before. He said the Village has worked with this company before and
he felt they were just "hungry" for the work.
Upon the vote, the motion passed: 6 ayes, 0 nays.
Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus aye
Tr. Minx awe Tr. Staackmann ~ Tr. Thill
XI.
OTHER BUSINESS
NONE
t1
Minutes of July 28, 20088oard Meeting
XII.
WARRANTS
Trustee Minx presented the Warrant Register for July 28, 2008, in the amount of $664,925.78.
She moved to approve the Warrants, seconded by Trustee Thill.
Trustee Thill asked about a $205,000 payment to Alliance Contractors for the Dempster Street
Improvement Project. He wondered what that payment was for. Finance Director Partipilo
said that was the second payment on the demolition for the parking lot.
Trustee Kogstad noted that, for that payment, the Warrants said"source of funds: to be reim-
bursed from federal grant". He wondered if the Village had received that money, and if not, is
it guaranteed to be received. Ms. Partipilo said the Village had received some funds but she
wasn't sure :about the funding for this particular item and she would have to check with Ryan
Gillingham, who was keeping detailed records on this matter. Administrator Wade said that
there would be a report from Mr. Gillingham in the next Board packet.
Trustee ThiII also asked about a payment of $873 to AD Warning Tiles; he wondered what that
was. Public Works Director DeMonte said it was for plastic inserts that the Village puts in at
handicapped walks.
Trustee Marcus complimented Mr. Wade and Ms. Partipilo and their departments for always
being able to answer the Board's questions about the Warrants.
Mayor Krier called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays.
Tr. Brunner. ~ Tr. Kogstad aye Tr. Marcus
Tr. Minx ~? Tr. Staackmann ~ Tr. Thill
XIII. RESIDENTS' COMMENTS
a. Nancy Canning. Mrs. Canning said that, over the 4`" of July weekend, a couple of incidents
occurred on her street necessitating a phone call to the police non-emergency line. She was
"' then asked to call g-1-1 and the call was responded to very"promptly. She had`dccasion'to ball
again a couple of weeks later and again, the call was responded to prdmptly. Mrs. Canning
said it made her feel good that she can call and get an immediate response, even on a holiday
weekend.
A new resident wanted to clarify something. He said that last year, he had a flood in his house.
He said that, before he had purchased in Morton Grove, he had done some research on the
topography of Morton Grove and bought his house at Harlem and Greenwood, north of
Dempster, because it was on the highest point in the Village. Yet last September, there was
two feet of water in his street. He wondered if the storm sewers go to the Deep Tunnel, and
also wondered how the Village takes care of storm sewers to avoid flooding-especially in
an area where there should never be flooding. He also wondered if a Deep Tunnel computer
malfunction was a possible reason for the flooding.
Public Works Director DeMonte responded. He said that the Deep Tunnel is for the sanitary
sewers; however, storm water gets into the sanitary sewers through cracks in joints. The
Deep Tunnel is just to relieve sanitary sewers and is controlled by the Metropolitan Water
Reclamation District (MWRD). Storm sewers in Morton Grove go directly to the river. Mayor
Krier asked Mr. DeMonte who controls the valves.
tz
Minutes of July 28; 20D86oard Meeting',.
XIII. RESIDENTS' COMMENTS (continued)
Mr. DeMonte said there are no controls as far as storm sewers go. With the sanitary sewers,
there are valves, but they are controlled by the MWRD. They have the control because the
sanitary sewer water goes to them for filtration. Sometimes the valves open to Lake Michigan,
sometimes to the north branch of the Chicago River. Mr. DeMonte said it's all up to the
MWRD. He noted that the gentleman had said he lived at Harlem and Greenwood, and said
that the storm sewer is separate from the sanitary sewer in that area. Mr. DeMonte felt that
the flooding the gentleman was referring to was the result of a very severe late August/early
September storm that was accompanied by very intense rain in a very short period of time-
it was simply too much water for the sewers to handle.
Trustee Thill said he also thought there was a line off of Churchill that was clogged at that
time. Mr. DeMonte agreed and noted that that line has since been cleared.
Trustee Marcus thanked the. resident for coming to the Board and asking his questions. He
said there's nothing more frustrating than having your house be flooded. He appreciated the
man coming in to "talk to the experts".
XIV. ADJOURNMENT/EXECUTIVE SESSION
There being no further business, Trustee Minx moved to adjourn. The motion was
seconded by Trustee Thill. The motion passed unanimously via voice vote. The
meeting adjourned at 8:50 p.m.
l3
Minutes of July 28, 20068oaM Meeting
PASSED this 11th day of August, 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 11th day of August, 2008.
Richard Krier, Village President
Board of Trustees, Morton Grove, Illinois
APPROVED and FILED in my office this 12th day of August, 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois __, __
Minutes by. Teresa Cousa(
14
~Tiliae ~ oar n
Planning Commission
Zoning Board of Appeals
August 11, 2008
Village President
Members of the Village Board
b101 CapulinaAvenue
Morton Grove, Illinois 60053
Dear President Krier and Members of the Village Board:
On May 19, 2008, June 16, 2008 and July 21, 2008, a public hearing was conducted by the Morton Grove Plan
Commission afrer notification being published on May i, 2008, May 29, 2008 and July 3, 2008 in The Champion
newspaper, a sign posted on the property and written notification sent to property owners within 250 feet of the
subject property as required by ordinance, regarding:
Plari Commission Case PC 08-03, wherein the applicant, Black and Veatch, agent for Verizon, 7600 S: County Line
Road, Bun Ridge; Illinois 60527 requested a Special Use Permit for a commercial wirejess antenna installation on
ComEd Tower No. 165638 at 9400 Austin Avenue.
Ms. Bonnie Jacobson, Planner, introduced the case for the Village. She indicated that staff concerns included
improving and correcting the location of the landscaping, and concern from the Fire Department that the cell tower
might interfere with the Capron Fire Alarm System.
Mr. Jack Hickey, Black. and Veatch represented the applicant and answered questions from the Commission.
Commissioner Gabriel questioned. the impact of the installation on the Northwest Water Commission's. (NWWC)
water main in the right-of--way. Mr. Hickey responded that he had a letter from the commission noting their
approval. Chairman Farkas read the letter but commented that the letter did not indicate approval, but indicated
potential approval based on an engineer's report. Mr. Hickey did not have the engineer's report.
Commissioner Roepenack questioned the use of the 800 mhz frequency since that appears lower than the other
carriers and he was concerned about frequency interference. Mr. Hickey could not respond.
The Commissioners questioned Mr. Hickey with regard to the Fire Department's concerns, to which he responded
that Verizon was going to hire an independent contractor who would contact the Fire Department directly.
One interested party, Mr. Arnold Lamm, spoke regarding this case. lie had no objection to The tower. His concern
was that there is oat a turnaround for the trucks, as the trucks for the existing carrier does not back out the driueway,
but simply drive on the grass causing ruts. Mr. Lamm also informed staff that the correct address for the site was
the 9400 block of Austin Avenue, not the 9'600 block which was in the original application.
Ms. Jacobson responded that staff resent the letter to property owners with 250 feet with the corrected address, but
the legal notification to the paper was not corrected because the error was discovered. afrer the legal notice was
published. Chairman Farkas was concerned that the legal notice was incorrect. Therefore, the Plan Commission
continued the case to the June 16, 2008 hearing date to send a new legal notice, post a new sign with the corrected
address and obtain more information from the applicant regarding the NWWC's approval, the use of the 800 mhz
Richard T. Flickinger Municipal Center
610I Capaliua Avenue • Morton ove, Illinois 60053-2985
Tel: (847) 965-4700
Fax: (847) 965-4162
ecycled Paper
frequency, and the impact on the Caltron Fire Alarm System. 1'he applicant also wished to discuss with his client
the option of extending the (ease area Co expand the driveway area so that trucks could turn around.
By the June 16, 2008 hearing, the legal notice had been corrected and the new sign posted, but the applicant did not
provide the additional information, so the case was continued to the July 21, 2008 hearing date.
At the July 21, 2008 hearing, Mr. Hickey presented a letter from the execueive director of the NWWC indicating
approval of the project and a new site plan expanding the lease area to allow for a truck turnaround was submitted.
Ms. Trisha Bhuayn the RF Engineer for the project testified regarding the 800 mhz frequency indicating that this
frequency will not interfere with other communication systems and this is a similar design as other installations
elsewhere.
Regarding potential interference with the fire alarm system, the applicant was not able to provide additional
information. However, Captain Bill Porter, Director of Fire Prevention, stated that he contacted the Capron
representative who said that no interference is caused from the commercial wireless antenna systems, thus
alleviating Captain Porter's concern.
Tv'o interested. or concerned parties appeared at the June or July hearing dates.
A motion was made by CommissionerShimanski, and seconded by Commissioner Gabriel to approve a Special Use
Permit for a commercial wireless antenna installation and ancillary ground-mounted equipment at ComEd Tower
No. 165638 at 9400 Austin Avenue, subject to the following conditions:
1. Thaz the proposed installation be constructed in accordance with the site/landscape plan dated 6/26/08;
2. That theproposed installation be constructed in accordance with the elevations dated 6/26/08;
3. That the proposed fence be solid wood without gaps;
4. That the existing access drive be used and the remainder of the. drive be constructed of the same
"grasscrete" material; and
5. That all Village Codes and Ordinances be met.
The motion passed: Yes - 5, No - 0, Absent - 2.
The Voting:
Chairman Farkas Yes.
Commissionerporgan °Absent
Commissioner Gabriel Yes
Commissioner Gattorna Yes
Commissioner Patel Absent
Commissioner Roepenack Yes
Commissioner Shimanski Yes
The "Findings of Fact" relative to the seven standards for Special Uses is attached.
Plan Commission
Comm DevVoning\Plan Comm\pc08-03 report
Findings of Fact
Listed below are seven standards articulated in Article IV "Special Uses" of the Village's Zoning Ordinance
upon which the Plan Commission based itsdecision.
1. Preservation of Health, Safety, Morals and Welfare. -The establishment, maintenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals or general welfare.
The Commissioners concluded that the proposed antenna installation would not be injurious
to the health, safety and welfare of the community. The infot7nation provided indicates there
would not be frequency interference with other communication systems.
2. Adjacent Properties -The Special Use should noC be injurious to the use and enjoyment of
other property in the immediate vicinity for the uses permitted in the zoning district.
• The Commissioners felt that the proposed special use would not be injurious to the
surrounding neighbors regarding the use and enjoyment of their property. The letter provided
by the NWWC indicates there wilt be no disruption to their water main, and it was concluded
that the proposed installation would not affect the fire alarm system of a nearby church. Only
one nearby resident spoke regarding this case indicating his property would not be negatively
affected.
3. Orderly Development -The establishment of the Special Use will not impede normal and
orderly development or impede the utilization of surrounding property for uses permitted in
the zoning district.
• The Commission concluded that the proposed antenna installation will not impede the orderly
development of the area, it is located in an already developed are on an existing utility tower.
d.
Facilities -
tence or are
e and other necessary facilities
are
• The proposed antenna installation has adequate facilities. Access was expanded to the site to
allow trucks to tum around and enter and exit the site more efficiently and not cause damage
to the grass in the right-of--way.
5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress
designed to minimize traffic congestion on the public. streets. The proposed use of the subject
site should not draw substantial amounts of traffic on local residential streets.
• Based on the letter provided by the applicant and Traffic Safety Co~ninission's "no
comment, the Flan Commission determined that there is no significant traffic impact from
the proposed antenna installation.
6. Adequate Buffering -Adequate fencing and/or screening shalt be provided to ensure the right
of enjoyment of surrounding properties to provide for the public safety or to screen parking
areas and other visually incompatible uses.
• The proposed installation will be screened with a solid fence and landscaping from the
adjacent neighbors per the approved site plan.
Z Conformance to Other Regulations -The Special Use shall, in all other respects, conform to
applicable provisions of this Ordinance or amendments thereto. Variation from provisions of
this Ordinance, as provided for in Sectio^ 12-16-3A1, may be considered by the Plan
Commission and the Village Board of Trustees as a part of the special use permit
The proposed installation will be required to meet all pertinent Village codes and ordinances.
Comdev\zoning\plancom\pc08-03 findings of fact
Village of Orton
Planning Commission
Zoning Board of Appeals
Augusi 1 1, 2008
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
Dear President Krier and Members of the Village Board:
On July 21, 2008 a public hearing was conducted by the Morton Grove Plan Commission after notification being
published on July 3, 2008 in The Champion newspaper, a sign posted on the property and written notification sent to
property owners within 250 feet of fhe subject property as required by ordinance, regarding:
Plan Commission Case PC 08-05, wherein the applicant, The Architect's Partnership, Ltd. as agent for Jones Lang
LaSalle, agent for Bank of America, 122 S. Michigan Avenue, Suite 1810, Chicago, Illinois 60603, requested. a
Special Use Permit Amendment to expand the existing drive-through facility at 8745 Waukegan. Road, by adding a
third lane.
Ms. Bonnie Jacobson, Planner, introduced the case 'for the Village. She explained that Bank of America recently
bought out LaSalle Bank and is closing some braches and consolidating the customers into other Locations. The
Bankat 8745 Waukegan will be one of the locations that will be receiving customers from other locations, thus the
need to expand the drive-through. The applicant intends reduce the width of an existing landscaped area to the south
and relocate a transformer. Staff received the application, and the only concern was the landscaping and screening.
of the transformer: The applicant revised their-plan to address staff concerns and received-:approval from the
Appearance Commission for the landscape plari.
Mr. Eric Schroeder of Jones, Lang LaSalle; Mr. John Holleran, The Architects Partnership Ltd.; Mr. Mark Decker,
Manhard Engineering; and Mr. Luay Aboona, KLOA Inc. represented. the applicant. Mr. John Holleran., the
archiCeeC, presented an overview of the project. Mr. Luay Aboona, KLOA, the applicant's traffic consultant,
presented an overview of the traffic pattern on the site, indicating no conflict. Mr. Mark Decker presented the
siteflandscape plan indicating that low ornamental grasses will be planted at the ends of the planter beds so as not to
interfere with the sight distance with a salt hearty species in the middle of the planter bed.
Chairman Farkas questioned if the sight distance to the left for existing cars is impaired by the pillar of the. new
canopy and questioned its size. Mr. Holleran responded that the pillar will be about four feet square when finished
with the travertine material. Mr. Aboona indicated that the pillar should not interfere. The eziC is into a parking IoY
driveway, not a busy street, where traffic is already moving slowly and the exit is stop sign controlled. There also is
enough room between the pillar and exit to not interfere. Commissioner Shimanski suggested a painted stop bar in
addition to a stop sign at the drive-through exit.
There were no inCerested or concerned parties regarding this case.
Based on the above information, Commissioner Shimanski moved, which Commissioner Gattorna seconded, to
amend the Special Use Permit for the bank at 8745 Waukegan Road to expand the existing drive-through facility,
subject to the following conditions:
Richard 'T. Flickinger Municipal Center
6101 Capulina Avenue • Morton Grove; Illinois 60053-2985
Tel: (847) 965-4100 Fax: (847) 965-4162
Recycled Paper
1. That the proposed drive-through expansion be constructed in accordance with the site plan dated
5/16/08 but with the transformer relocated to the location on the landscape plan dated 6118/08;
2. That the proposed drive-through expansion be constructed in accordance with the elevations dated
5/16/08 with. final approval on materials to be approved by the Morton Grove Appearance
Commission;
3. That the proposed drive-through expansion be constructed in accordance with the landscape plan dated
6/18/08 with bollards to be added around the transformer, already approved by the Morton Grove
Appearance Commission;
4. That any advertising on flags be reviewed and approved by the Morton Grove Appearance
Commission;
5. That a stop sign and painted stop bar be placed at the drive-through exit; and
6. That all pertinent Village Codes and Ordinances be met.
The motion passed: Yes - 5, No - 0, Absent - 2.
The Voting
Chairman Farkas Yes
Commissioner Dorgan Absent
Commissioner Gabriel Yes
Commissioner Gattorna Yes
Commissioner Patel Absent
Commissioner Roepenack Yes
Commissioner Shimanski Yes
The "Findings of Fact" relative to the seven standards for Special Uses is attached.
submitted,
Plan
Comm Dev\Zoning\Plan Comm\pc08-05 report
Findines of Fact
Listed below are seven standards articulated in Article 1V "Special Uses" of the Village's Zoning Ordinance upon
which the Plan Commission based its decision.
1. Preservation of Health, Safety, Morals and Wetfare -The establishment, maintenance and operation of
the Special Use will not be detrimental to or endanger the public health, safety, morals or general
welfare.
The proposed drive-through expansion will not be detrimental to or endanger the public health, safety,
moral or general welfare. In fact, the expansion of the proposed facility will promote the welfare of
the Village in terms of expanding business.
2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other
property in the immediate vicinity for the uses permitted in the zoning district.
• The drive-through expansion is not injur~btis to the use and enjoyment of other property in the
immediate vicinity. The expansion is within the existing shopping center and within the applicants
lot. No interested or concerned parties attended the hearing to raise any negative impacts.
3. Orderly Development -The establishment of the Special Use will not impede normal and orderty
development or impede the utilization of surrroundeng property for uses permitted in the zoning district.
The bank is located in an existing built-out area in the CI "General Commercial" zoning district and
will not impact any potential development in the surrounding area.
4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in
existence or are being provided.
Based on the testimony of the applicant's representatives, adequate facilities are being provided in
terms of access and drainage. There was no indication of a negative impact regarding drainage or in
terms of access.
5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress designed to
minimize traffic congestion on the public streets. The proposed use of the subject site should not draw
.:.:substantial--amounts_of raffic_on ocalresidential tuets. __ __. .
• The purpose of the proposed drive-through expansion is to alleviate any potential traffic congestion
from the expanded customer base. Furthei, the access is provided internally to a parking ]ot driveway,
and the applicant's traffic engineer testified that the proposed facilify will not negatively impact traffic
or traffic flow. Local residential streets are not impacted since the site is accessed off two commercial
streets.
6. Adequate Buffering - Adequate fencing and/or screening shalt be provided to ensure the right of
enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other
visually incompatible uses.
• The applicant sufficiently screened the relocated transformer and the drive-through, per the
Appearance Commission's approval of the Landscape plan. The applicant's representative testified to
the appropriate species regarding plant hardiness and sight distances.
7. Conformance to Other Regulations.-.The Special Use shall, In all other respects, conform to applicable
provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as
provided for in Section 12-16-3A1, may pe considered by the Plan Commission and the Viltage Board of
Trustees as a part ofthe special use permit.
• The applicant will be required. to follow all pertinent Village codes and ordinances
Comdev\zoning\plancom\pc08-OS findings of fact
AN ORDINANCE GRANTING A SPECIAL USE PERMIT IN THE VYLLAGE OF MORTON GROVE
FOR PROPERTY LOCATED AT 9400 AUSTIN AVENUE
FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION
Introduced:
Synopsis
Purpose:
Background:
Programs, Depts.
Groups Affected
Fiscal Impact:
Workload Impact:
Administrator
Recommendation:
First Reading:
Special
Considerations or
Requiremeuts:
Respectfully submitted
August 11, 2008
This ordinance will approve a special use permit to construct a coirunercial wireless
antenna installation on the Commonwealth Edison TowerNo. 165638 at 9400 Austin
Avenue for Verizon.
Commercial wireless anteima installations are allowed only as special uses; above a
certain height.
Black and Veatch, as agents for Verizon requested a special use permit to construct a
commercial wireless antenna installation on the Commonwealth Edison Tower No.
165638 located at 9400 Austin Avenue. Section 332 (c)(7) of the Telecommunications
Act of 1996 states local government may not unreasonably discriminate among providers
of cell phone services and may not regulate the siting of commercial antennas in a manner
that has the effect of prohibiting the provision of personal wireless services. This statute
also preempts local decisions based on environmental affects of Radio Frequency (RF)
emissions, as the FCC has exclusive jurisdiction to regulate antennas based on RF
emissions. The Plan Commission held three public hearings on this matter on May 19,
2008, June 16, 2008, and July 21, 2008, and the applicant answered various concerns of
the Plan Commission, and the public. After the public hearings, the Plan Commission
reconunended approval of the request for the special use permit by a unanimous vote.
Building and Inspectional Services; Village Planner; Village Engineer
N/A
The special use application was processed by the Building Commissioner, Village
Engineer, and Village Planner pursuant to their normal course of business.
Approval as presented.
August 11, 2008, Required
None
Joseph ode, Village Administrator
a , :-
Prepared by: ~ '~~' Reviewed by: 1 ~ ~ a~
Teresa Hof ~a~i Liston, Corporation Counsel E`d it ebrandt, Building Commissioner
ORDINANCE 08-30
AN ORDINANCE GRANTING A SPECIAL USE PERMiT
IN THE VILLAGE OF MORTON GROVE
FOR PROPERTY LOCATED AT 9400 AUSTIN AVENUE
FOR A COMMERCIAL WIRELESS ANTENNA INSTALLATION
WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a
Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the
State o Illinois azid can exercise any power and perform any function pertaining to its governmental
affairs, including but not limited to, the power to tax and incur debt; and
WHEREAS, the applicant, Black and Veatch, agent for Verizon, 7600 S. County Line Road,
Burr Ridge, Illinois 60527; has made a proper application to the Plan Commission in the Village of
Morton Grove under Plan Commission Case No. PC08-03 requesting a Special Use Permit for 9400
Austin Avenue to construct a commercial wireless antenna installation on the Commonwealth Edison
Tower No. 165638; and
WHEREAS; said property is zoned and classified in the R-1 "Residential District" under the
provisions of the Village of Morton Grove Unified Development Code; and
WHEREAS, pursuant to the applicable provisions of the Village of Morton Grove Zoning
Code, upon proper notice duly published in The Champion Newspaper, a newspaper of general
circulation in the Village of Morton Grove, which publication took. place on May 1, 2008, May 29,
2008, and July 3, 2008, and upon the posting of a sign on the property and upon notice sent to property
owners within two hundred fifty (250) feet of the subject properly, pursuant to applicable law, the
Morton Grove Plan Commission held public hearings relative to the above referenced case on May 19,
2008, June 16, 2008, and July 21, 2008, at which time all interested and concerned parties were given
an opportunity to be present and express their views for the consideration of the Plan Commission, and
as a result of said hearing, the Plan Commission made certain recommendations and certain conditions
through a report dated August 11, 2008, a copy of which is attached hereto as Exhibit "A" and made a
part hereof; and
WHEREAS, Section 332(c)(7) the Federal Telecommunications Act of 1996 prolibits the
local govenunents from regulating commercial wireless antenna facilities based on the environmental
effects of Radio Frequency (RF) emissions; as the F.C.C. has the exclusive jurisdiction to regulate
such facilities based on RF emissions; and
WHEREAS, the Corporate Authorities have considered this matter at a Public Hearing and
fmd pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code,
that the proposed Special Use Permit complies with Village Ordinances and speci£re evidence was
presented to establish granting the permit would not cause substantial injury to the value of the other
properties in the neighborhood in which it is located; and
WHEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development
Code, the Corporate Authorities have determined the Special Use Permit shall be issued subject to
conditions and restrictions as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth:
SECTION 2: The property commonly known as 9400 Austin Avenue, Morton Grove, Illinois,
is hereby granted a special use pernut to allow for the construction of a commercial wireless antenna
installation on the Commonwealth Edison Tower No. 165638 subject to the following conditions:
1. That the proposed installation be constructed in accordance with the site/landscape plan
dated 6/26/08;
2. That -the..proposed. installation be _constructed in accordance. with the.. elevations..dated...
... 6/26/08;
3. That the proposed fence be solid wood without gaps;
4. That the existing access drive be used and the remainder of the drive be constructed of
the same "grasscrete" material; and
5. That all Village Codes and Ordinances be met.
SECTION 3: The special use is granted for so long as the occupant and the users of this
property utilize the area for the proposes as herein designated.
SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use granted hereunder.
SECTION 5: The applicant/owner shall comply with all requirements of the Village of
Morton Grove ordinances and codes that are applicable
SECTION 6: This ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form according to law.
PASSED this 11`h day of August 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 11`h day of August 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12`h day of August 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
tegisbrd\pc 08-03, black and veatch, verizon
3
Village of orlon rove
Planning Commission
Zoning Board of Appeals
August 11, 2008
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
Dear President Krier and Members of the Village Board:
On May 19, 2008, June 16, 2008 and 7uly 21, 2008, a public hearing was conducted by the Morton Grove Plan
Commission after notification being published on May 1, 2008, May 29, 2008 and July 3, 2008 in The Champion
newspaper, a sign posted on the property and written notification sent to property owners within 250 feet of the
subject property as required by ordinance, regarding:
Plan Commission Case PC 08-03, wherein the applicant, Black and Veatch, agent for Verizon, 7600 S: County Line
Road, Burr Ridge, Illinois 60527 requested a Special Use Permit for a commercial wireless antenna installation on
ComEd Tower No. 165638 at 9400 Austin Avenue.
Ms. Bonnie Jacobson, Planner, infroduced the case for the Village. She indicated that staff concerns included
improving and correcting the location of the landscaping, and concern from the Fire Department that the cell tower
might interfere with the Capron Fire Alarm System.
Mr. Jack Hickey, Black and Veatch represented the applicant and answered questions from the Commission.
_.
Commissioner Gabriel questioned the impact of the installation on the Northwest Water Commission's (NW WC)
water main in the rig}i`t-of--way. Mr. Hickey responded that he had a letter from. the commission noting their
approval. Chairman Farkas read the letter but commented that the letter did. not indicate approval, but indicated
potential approval based on an engineer's report. Mr. Hickey did not have the engineer's report.
Commissioner Roepenack questioned the use of the 800 mhz frequency since that appears lower than the other
carriers and he was concerned about frequency interference. Mc Hickey could not respond.
The Commissioners questioned Mr. Hickey with regard to the Fire. Department's concerns, to which he responded
that Verizon was going to hire an independent contractor who would contact the Pire Department directly.
One interested party, Mc Arnold Lamm, spoke regarding this case. He had no objection to the tower. His concern
was that there is not a turnaround for the trucks, as the trucks for the existing carrier does not back out the driveway,
but simply drive on the grass causing ruts. Mr. Lamm also informed staff that the correct address for the site was
the 9400 block of Austin Avenue, not the 9600 block which was in the original application.
Ms. Jacobson responded that staff resent the letter to property owners with 250 feet with the corrected address, but
the legal notification to tha paper was not corrected because the error was discovered after the legal notice was
published. Chaiitnan Farkas was concerned that the legal notice wasincorreet. Therefore, the Plan Commission
continued the case to the June 16, 2008 hearing date to send a new legal notice, post a new sign with the corrected
address and obtain more information from the applicant regarding the NWWC's approval, the use of the 800 mhz
TZiehard T. Flickinger Municipal Center
6101 Capulnia Avenue • Morton~ve, Illinois 60053-2985
Tel: (847) 965-4100 Fax: (847) 965-4162
Ruycled Paper
frequency, and the impact on the Capron Fire Alarm System. The applicant also wished to discuss with his client
the option of extending the lease area to expand the driveway area so that trucks could turn around.
By the June 16, 2008 hearing, the legal notice had been corrected and the new sign posted, but the applicant did not
provide the additional information, so the case was continued to the July 21, 2008 heazing date.
At the July 21, 2008 hearing, Mr. Hickey presented a letter from the executive director of the NW WC indicating
approval of the project and anew site plan expanding the lease area to allow for a truck turnaround was submitted.
Ms. Trisha Bhuayn the RF Engineer for the project testified regarding the' 800 mhz frequency indicating that this
frequency will not interfere with other communication systems and this is a similar design as other installations
elsewhere.
Regarding potential interference with the fire alarm system, the applicant was not able to provide additional
information. However, Captain Bill Porter, Director of Fire Prevention, stated' that he contacted the Capron
representative who said that no interference is caused from the commercial wireless antenna systems, thus
alleviating Captain Porter's concern.
No interested or concerned parties appeared at the June or July hearing dates.
A motion was made by Commissioner Shimanski, and seconded by Commissioner Gabriel to approve a Special lise
Permit for a commercial wireless antenna installation and ancillary ground-mounted equipment at ComEd Tower
No., 165638 at 9400 Austin Avenue, subject to the following conditions:
I . That the proposed installation be constructed in accordance with the site/landscape plan dated 6/26/08;
2. That the proposed installation be constructed in accordance with the elevations dated 6/26/08;
3. That the proposed fence be solid wood. without gaps;
4. That the existing access drive be used and the remainder of the drive be constructed of the same
"grasscrete" material; and
5. That all Village Codes and Ordinances be met.
The motion passed: Yes - 5, No - 0, Absent - 2.
The Voting:
Chairman Farkas " Yes.
Commissioner Dorgan :.Absent
Commissioner Gabriel Yes
Commissioner Gattorna Yes
Commissioner Pate( Absent
Commissioner Roepenack Yes
Commissioner Shimanski Yes
The "Pindings of Fact" relative to the seven standards fog Special Uses is attached.
Comm DevlZoninglPlan Comm\pc08-03 report
Findings of Fact
Listed below are seven standards articulated in Article IV "Special Uses" of the Village's Zoning Ordinance
upon which the Plan Commission based its decision.
1. Preservation of Health, Safety, Morals and Welfare -The establishment,. maintenance and
operation of the Special Use will not be detrimental to or endanger the public health, safety,
morals or general welfare.
• The Commissioners concluded that the proposed antenna installation would not be injurious
to the health, safety and welfare of the community. The information provided indicates there
would not be frequency interference with othereommunication systems.
2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of
other property in the Immediate vicinity for the uses permitted in the zoning district.
The Commissioners felt that the proposed special use would not be injurious to the
surrounding neighbors regarding the use and enjoyment of their property. The letter provided
by the NWWC indicates there will be no disruption to their water main, and it was concluded
that the proposed installation would not affect the fire alarm system of a nearby church. Only
one nearby resident spoke regarding this case indicating his property would not be negatively
affected.
3. Orderly Development -The establishment of the Special Use will not impede normal and
orderly development or impede the utilization of surrounding property for uses permitted in
the zoning district.
The Commission concluded that the proposed antenna installation will not impede the orderly
development of the area, it is located in an already developed are on an existing utility tower.
4. ,.. Adequate Facilities -Adequate utilities, access: rAads, drainage .and other necessary- facilities.-
are in existence orare being provided.-
The proposed antenna installation has adequate facilities. Access was expanded to the site to
allow trucks to turn around and enter and exit the site more efficiently and not cause. damage
to the grass in the right-of--way.
5. Traffic Control -Adequate measures have been or will be taken to provide ingress and egress
designed to minimize traffic congestion on the public streets. The proposed use of the subject
site should not draw substantial amounts of traffic on local residential streets.
• Based on the letter provided by the applicant and Traffic Safety Commission's "no
comment, the Plan Commission determined that there is no significant traffic impact from
the proposed antenna installation.
6. Adequate Buffering -Adequate fencing and/or screening shall be provided to ensure the right
of enjoyment of surrounding properties to provide for the public safety or to screen parking
areas and other visually incompatible uses.
• The proposed installation will be screened with a solid fence and landscapirig from the
adjacent neighbors per the approved site plan.
7. Conformance to Other Regulations -The Speciat Use shall, in all other respects, conform to
applicable provisions of this Ordinauce or amendments thereto. Variation from provisions of
this Ordinance, as provided for in Section 12-16-3A1, may be considered by the Plan
Commission and the Village Board of Trustees as a part of the special use permit.
• The proposed installation will be required to meet all. pertinent Village codes and ordinances.
Comdev\zoning\plancom\pc08-03 findings of fact
Legislative Summary
Ordinance OS-31
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT
FOR THE PROPERTY LOCATED AT 8745 WAUKEGAN ROAD TO EXPAND THE EXISTING DRIVE-
. THROUGH FACILITY IN THE VILLAGE OF MORTON GROVE
Introduced:
Synopsis:
Purpose:
Background:
Fiscal Impact:
Source of Funds:
Workload Impact:
Adman Recommendation:
First Reading:
Special Considerations or
Requirements:
Prepared by:
August 11, 2008
This ordinance will grant an amendment to the special use permit for the
property located at 8745 Waukegan Road to expand its existing drive-through
facility by adding a third lane.
The Unified Development Code requires an amendment to a previously granted
special use permit whenever substantial modifications to the site are made.
Pursuant to Ordinance 87-23, the Village granted a Special Use Permit to the
property known as 8745 Waukegan Road to install a bank drive-through. For the
past several years, the bank site has been owned and operated by LaSalle Bank.
Recently Bank of America has bought ou± all of LaSalle Banks and is closing
some branches and consolidating others. Bank of America wishes to keep its
facility at 8745 Waukegan Road, Morton Grove, Illinois, but add an additional
drive-through lane.
After making a proper application before the Plan Commission and pursuant
to legal notice, a public hearing was held on July 21, 2008. At that meeting the
Developer presented a traffic consultant who indicated that the addition of a third
lane would not create any conflict to the existing traffic pattern. The owners also
presented a new landscape plait, and responded to'concerns from Village staff
and the Plan Commission. At the conclusion of the hearing, the Plan
Commission unanimously recommerided that the amendment to the. Special Use
be granted.
Building and Inspectional Services; Village Planner; Village Engineer
__
N/A
N/A
The special use amendment was processed by the Building Commissioner,
Village Engineer, and Village Planner pursuant to the normal course of business.
Approval as presented.
August 11, 2008
Applicant requests waiver of first reading (see attached).
ode, Village Administrator
~, ~-
` Reviewed b /
Corporation Counsel E d ran t, Building Commissioner
,uly 31, 2008
Mr. Richard Krier
President
Village of Morton Grove
6101 Capulina
Morton Grove, Il. 60053
Re: Bank of America
SEC Waukegan Rd and Dempster St
Morton Grove, IL
Dear President Krier,
I would like to request your consideration of a waiver of first reading, at the August il, 2008 Board of
Trustees meeting, in order to receive final approval of our request for a special use permit to expand
the drive through at the Bank of America facility at the SEC of Waukegan Road and Dempster Street in
Morton Grove.
Bank of America submitted the application to the village in May, 2008. It has been reviewed by village
staff, received Traffic Safety Commission approval on June 5, received Appearance Review Commission
approval on July 7 and received Plan Commission approval on July 21. There was no opposition at the
Plan Commission hearing. All votes to recommend approval, including the Plan Commission, have been
unanimous.
The waiver will help us begin construction in late Augustin order to complete the remodeling in
November. As you may be aware, asphalt paving contractors are unable to lay asphalt in freezing
.conditions and stop work between late November and Tate April. We intend to apply for a building
permit soon and understand that will be required to meet all building: department requirements prior to
starting construction.
As the applicant on behalf of Bank of America, I thank you in advance for your consideration. Please
contact me at 312.583-9800 x48 if you would like any additional information.
Sincerely,
/V_",,-
Jeffrey P. Kutsche
ORDINANCE 08-3I
AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT
FOR THE PROPERTY LOCATED AT 8745 WAUKEGAN ROAD TO EXPAND THE
EXISTING DRIVE-THROUGH FACILITY IN THE VILLAGE OF MORTON GROVE
WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule
unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of
Illinois, and as such can exercise any power and perform any function pertaining to its government
affairs, including but not limited to, the power to tax and incur debt; and
WHEREAS, the applicant, The Architects Partnership LTD, as agent for Jones Lang LaSalle,
agent for Bank of America, 122 S. Michigan Avenue, Suite 1810, Chicago, Illinois 60603, has made a
property application to the Village of Morton Grove for an amendment to the special use permit
previously granted to the property commonly known as 8745 Waukegan Road to allow for the
expansion of an existing drive-through facility; and
WHEREAS, the property was previously granted a special use permit for the construction of a
drive-through facility pursuant to Ordinance 87-23; and
WHEREAS, the property is located in the C1 commercial district pursuant to the provisions of
the Village of Morton Grove Unified Development 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 l; The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance, as though fully set forth herein, thereby making the findings as
hereinabove set forth.
SECTION 2: The property located at 8745 Waukegan Road, Morton Grove, Illinois is hereby
granted an amendment to the special use permit previously granted to it pursuant to Ordinance 87-23
for the expansion of the existing drive-through facility subject to the following conditions and
restrictions:
That the proposed drive-through expansion be constructed in accordance with the site plan
dated 5/16/08 but with the transformer relocated to the location on the landscape plan dated
6/18/08;
1
2. That the proposed drive-tlu-ough expansion be constructed in accordance with the elevations
dated 5/16/08 with final approval on materials to be approved by the Morton Grove
Appearance Commission;
3. That the proposed drive-through expansion be constructed in accordance with the landscape
plan dated 6/18/08 with bollards to be added around the transformer, already approved by
the Morton Grove Appearance Commission;
4. That any advertising on flags be reviewed and approved by the Morton Grove Appearance
Commission;
5. That a stop sign and painted stop bar be placed at the drive-through exit; and
6. That all pertinent Village Codes and Ordinances be met.
SECTION 3: The owners, lessees, and occupants of 8'745 Waukegan Road their successors and
assigns shall allow employees and authorized agents of the Village of Morton Grove access to the
premise at all reasonable times for the purpose of inspecting said premise to verify all terms and
conditions of±he special use permit, as amended, have been met.
SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent
records of the Village of Morton Grove to show and designate the special use permit as amended
hereunder.
SECTION 5: Except as modified herein all prior conditions and restrictions of the original
Special Use Permit shall remain in full force and effect.
SECTION 6: The Applicant/Owner shall comply with all applicable requirements of the
Village of Morton Grove. Ordinances and Codes
SECTION 7: This Ordinance shall be in full force and effect from and after its. passage,...
approval and publication in pamphlet forth according to law.
PASSED this 11`h day of August 2008
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED by me this 11~' day of August 2008
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office this
12t~ day of August 2008
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
legis\ord\8745 Waukegan, amendment of special use
3
Village o Orton r®~a
Planning Commission
Zoning Board of Appeals
August 1 i, 2008
Village President
Members of the Village Board
6101 Capulina Avenue
Morton Grove, Illinois 60053
Dear President Krier and Members of the Village Board:
On July 21, 2008 a public hearing was conducted by the Morton Grove Plan Commission after notification being
published on July 3, 2008 in 7"he Champion newspaper, a sign posted on the properly and written notification sent to
property owners within 250 feet of the subject property as required by ordinance, regarding:
Plan Commission Case PC 08-05, wherein the applicant, The Architect's Partnership, Ltd. as agent for Jones Lang
LaSalle, agent for Bank of America, 122 S. Michigan Avenue, Suite 181Q Chicago, Illinois 60603, requested a
Special Use Permit Amendment to expand the existing drive-through facility at 8745 Waukegan Road, by adding a
third lane.
Ms. Bonnie 7acobson, Planner, introduced the case for the Village. She explained that Bank. of America recently
bcught out LaSalle Bank and is closing some braches and consolidating the customers into other locations. "The
Banl< at 8745 Waukegan will be one of the locations that will be receiving customers from other locations, thus the
need to expand the drive-through. The applicant intends reduce the width of an existing landscaped area to the south
and relocate a transformer. Staff received the application, and the only concern was the landscaping and screening
__
of the transforrrier, The applicant revised their plan to address staff `concerns ahd received approvaC from the
Appearance Commission for the landscape plan.
Mr. Eric Schroeder of Jones, Lang LaSalle; Mr. John Holleran, The Architects Partnership Ltd.; Mr. Mark Decker,
Manhard Engineering; and Mr. Luay Aboona, KLOA Inc. represented. the applicant. Mr. John Holleran, the
architect, presented an overview of the project. Mr. Luay Aboona, KLOA, the applicant's traffic consultant,
presented an overview of the traffic pattern on the site, indicating no conflict. Mr. Mark Decker presented the
site/landscape plan indicating that low ornamental grasses will'be planted at the ends of the planter beds so as not to
interfere with the sight distance with a salt hearty species in the middle of the planter bed.
Chairman Farkas questioned if the sight distance to the .left for existing cars is impaired by the pillar of the new
canopy and questioned its size.. Mc Holleran responded that the pillar will be about four feet square when finished
with the travertine material Mr. Aboona indicated that the pillar should not interfere. The exit is into a parking lot
driveway, not a busy street, where traffic is already moving slowly and the exit is stop sign controlled. There also is
enough room between the pillar and exit to not interfere. Commissioner Shimanski suggested a painted stop bar in
addition to a stop sign at the drive-through exit.
There were no interested or concerned parties regarding this case.
Based on the above information, Commissioner Shimanski moved, which Commissioner Gattorna seconded, to
amend the Special lise Permit for the bank at 8745 Waukegan Road to expand the existing drive-through facility,
subject to the following conditions:
Richard T. Flickinger Municipal Center
6101 Capulina Avenue. • Morton Grove, Illinois 60053-2985
Tel: (847) 965-4100 Fax: (847) 965-4162
Rccycl etl P^ap¢r
1. That the proposed drive-through expansion be constructed in accordance with the site plan dated
5/16/08 but with the transformer relocated to the location on the landscapeplan dated 6/18/08;
2. That the proposed drive-through expansion be constructed in accordance with the elevations dated
5/16/08 with final approval on materials to be approved by the Morton Grove Appearance
.Commission;
3. That the proposed drive-through expansion be constructed in accordance with the landscape plan dated
6/18/08 with bollards to be added around the transformer, already approved by the Morton Grave
Appearance Commission;
4. That any advertising on flags be reviewed and approved by the Morton Grove Appearance
Commission;
5. That a stop sign and painted stop bar be placed at the drive-through exit; and
6. That all pertinent Village Codes and Ordinances be met.
The motion passed: Yes - 5, No - 0, Absent - 2.
The Voting
Chairman Farkas Yes
Commissioner Dorgan Absent
Commissioner Gabriel Yes
Commissioner Gattorna Yes
Commissioner Patel Absent
Commissioner Roepenack Yes
Commissioner Shimanski Yes
The °`Findings of Fact" relative to the seven standards for Special Uses is attached.
Comm Dev\Zoning\Plan Comm\pc08-OS report
Findings of Fact
Listed below are seven standazds articulated imArticle IV "Special Uses" of the Village's Zoning Ordinance upon
which the Plan Commission based its decision.
Preservation of Health, Safety, Morals and Welfare -The establishment, maintenance and operation of
the Special Use will not be detrimental to or endanger the public health, safety, morass or general
welfare.
The proposed drive-through expansion will not be detrimental to or endanger the public health, safety,
moral or general welfare. In fact; the expansion of the proposed facility will promote the welfare of
the Village in terms of expanding business.
2. Adjacent Properties -The Special Use should not be injurious to the use and enjoyment of other
property in the immediate vicinity for the uses permitted in the zoning district.
The drive-through expansion is not injurious to the use and enjoyment of other property in the
immediate vicinity. The expansion is within the existing shopping center and within the applicant's
lot. No interested. or concerned parties attended the hearing to raise any negative impacts.
3. Orderly Development -The establishment of the Special Use will not impede normal and orderly
development or impede the utilization of surrounding property for uses permitted in the zoning district.
The bank is located in an existing built-out area in the Cl "General Commercial" zoning district and
will not impact any potential development in the surrounding area.
4. Adequate Facilities -Adequate utilities, access roads, drainage and other necessary facilities are in
existence or are being provided.
Based on the testimony of the applicant's representatives, adequate facilities are being provided in
terms of access and drainage. There was no indication of a negative impact regarding drainage or in
terms of access.
5. Traffic Control -Adequate measures have been or will be taken to provide ingress and, egress designed to
minimize traffic congestion on the public streets. The proposed use of the subject site should not draw
_ _ ubstantial amounts. of traffic. on local residential streets.
The purpose of the proposed drive-through expansion is to alleviate any potential traffic congestion
from the expanded customer base. Further, the access is provided internally to a parking lot driveway,
and the applicant's traffic engineer testified that the proposed facility will not negatively impact traffic
or traffic flow. Local residential streets are not impacted since the site is accessed off two commercial
streets.
6. Adequate Buffering - Adequate fencing andlor screening shall be provided to ensure the right of
enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other
visually incompatible uses.
The :applicant sufficiently screened the relocated transformer and the drive-through, per the
Appeazance Commission's approval of the landscape plan. The applicant's representative testified to
the appropriate species regarding plant hazdiness and sight distances.
Conformance to Other Regulations -The Special Use shall, in all other. respects, conform to applicable
provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as
provided for in Section 12-1fi-3A1, may be considered by the Plan Commission and the Village Board of
Trustees as a part of the special use permit. -
The appltcantwil] be required to follow all pertinent Village codes and ordinances.
ComdevAzoning\plancom\pc08-OS 5ndings of fact
Legislative Summary
Ordinance 08-28
REVISIONS TO TITLE 12, CHAPTER 14 ENTITLED "FLOOD DAMAGE PREVENTION"
Introduced:
Synopsis:
Purpose:
Background:
Programs, Departments
or Groups Affected
Fiscal Impact:
Source of Funds:
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 Program.
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.
Public Works Department
Not applicable.
Not applicable
Workload Impact: "The Public Works Department as part oftheirnormal work activiti
performs the management of this section. of the Municipal Code.
Administrator
Recommendation:
First Reading:
Special Considerations or
Requirements:
Approval as presented.
July 28; 2008
None.
Respectfully submitted: ~~ ~'U~
Jos h F. ade, Village Administrator
i
Prepared by: i ~ ~ ~ Reviewed. by
Ry i Gi(lingha illag L;ngineer
/S~-
Teresa Hoff ap 'ton, Corporation Counsel
ORDINANCE 08-28
REVISIONS TO TITLE 12, CHAPTER 14 ENTITLEll
"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
on the community; and
WHEREAS, 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 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 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
12-14-1:
12-14-2:
12-14-3:
12-14-4:
12-14-5:
12-14-6:
12-14-7:
12-14-8:
12-14-9:
12-14-10:
12-14-11:
12-14-12:
12-14-13:
12-14-I4:
12-14-15:
12-14-16:
12-14-1
Purpose
Other Regulations
Definitions
Maps and Profiles
Variances
Base Flood Elevation
Occupation and Use of Flood Fringe Areas
Occupation and Use of Identified Floodways
Permitting Requirements Applicable to all Floodplain Areas
Subdivision, Development and Improvement Regulations
Administration
Appeals of Administrative Decisions
Disclaimer of Liability
Separability
Judicial Review
Penalties for Violation
f life, loss of property, health and safety hazards,_disruption of commerce and
~..;,.p~ Av~anvd;narc v~„hlir PY„anr~;r,zmc fnr flnnd nrr.tectinn and relief. and
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
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 5/4.9, "an act in relation to the
regulation of the rivers, lakes and streams of the state of Illinois", approved June 10, 191 1, as
arnended;
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;
O. 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;
To preserve the natural hydrologic and hydraulic functions of watercourses and floodplains and
to protect water quality and aquatic habitats;
J. 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}
i2-14-2: 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
program regulations, but is not intended to repeal the resolution which the village passed in order to
establish initial eligibility for the program. (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 forpermit 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. Aliplication 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 $uilding 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, givesassurances 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
(GLOMR) 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
FLOODWAY adjacent to a stream or watercourse as designated by IDNR/DWR, which is
needed to store and convey the existing 100-year frequency flood discharge wit
no more than a 0.1 foot increase in stage due to the loss of flood conveyance or
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 countywide 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/D WR 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, preparing 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 agricultural practices that do not invalve filling,
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 ate 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 Federal emergency management agency and its regulations at 44 CFR 59-79,
.effective as of October 1, 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 ortidal 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 RATE 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) - areae, ahd floodways. The FIS also determines flows, elevations, and areas 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.
FLOODWAY The lateral boundaries of the floodway which separate it from the flood fringes.
ENCROACHMENT
LINES
FREEBOARD An increment of elevation added to the base flood elevation to provide a factor
of safety for uncertainties in calculations, unknown 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 HYDROLIG 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.
IDNR/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 more 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 ofall 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
PROJECT includes a hydrologic and hydraulic study of the existing and proposed
conditions of the 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 of 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 ditensions 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.
A 1-99: Area of special 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
mnoff) 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.
RTVERINE SFHA Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on
stream lake system or any other identified channel. This term does not include
areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other
areas not subject to overbank flooding.
SPECIAL FLOOD Any base flood area subject to flooding from a river, creek, intermittent stream,
HAZARD AREA ditch, or any .other identified channel or-ponding and shown on a flood hazard
(SFHA) boundary map or flood insurance rate map as zone A, AO, Al-30, AE; A99;
AH, VO, V30, VE, V, M, or E.
STRUCTURE The results of a manmade change to the land constructed on or below the
ground, including the construction, reconstruction, 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
installing a travel trailer on a site for more than one hundred eighty (180) days.
SUBSTANTIAL Any repair, reconstruction or improvement of a structure, 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 ather structural part of the building
commences, whether or not that alteration affects the external dimensions of the
struchrre. 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 orb) any alterationof 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:
National flood insurance program flood boundary and floodway map number 17031 C,
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:
Flood insurance study for Cook County, dated August 19, 2008.
C: Conflicts Between Maps And Profiles: In the event a conflict arises between the information
.depicted by the official village floodplain maps and the official village profiles, and in the
absence of any overriding information to the contrary, the data prescribed by the profiles will
govern.
D. Maps and Profiles:
1. 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 be taken by engineers, surveyors,
architects, and contractors when making topographical surveys and maps, and when setting
gradesand 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
channel. In riverine situations where a bend in the stream exists and more than one line can 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 proposal, 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;
2. An exceptional hardship would result if the variance were not granted;
The relief requested is the minimum necessary;
4. There will be no additional threat to publicheahh, safety, beneficial stream uses and
-- - functions, especially aquatic habitat, or creation of a nuisance;
5. There will be no additional public expense for flood protection, lost environmental
stream uses and factions, rescue or relief operations, policing, or repairs to streambeds
and banks, roads, utilities, or other public facilities;
6. The provisions of subsections 12-14-7E 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 Rood 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 kriowledge of these risks and that he will
acknowledge in writing that he assumes the risk and liability.
C. Variance requested iri 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 tt-ie best existing data available ir. the Illinois state watei 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.
B. The base flood or 100-year frequency flood elevation for each of the remaining SFHAs
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 SFHA shall be determined from a backwater
model, such as HEC-II, WSP-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 regional land 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 pernlitted 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 for 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 atld the development will be subject to the requirements of section 12-
] 4] 4=9 of this chapter.
C. Elevation Comparison: Upon receipt of a development permit application, the building
commissioner shall compare the elevation ofthe 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 first flood insurance rate map identification.
D. Other Documents: The building commissioner shall be responsible for obtaining from the
applicant, copies of all other local, state and federal permits, approvals orpermit-not-required
letters that may be required for this type of activity. The building commissioner shall not issue -
apermit unless all otherlocal, 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 fll 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 1.1 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 10-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 IDNR/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:
L Name and address of applicant;
2. 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
unincoiporated area;
Name of stream or body of water affected;
4. Description of proposed activity;
Statement of purpose 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;
8. Signature of applicant or the applicant's agent;
9. 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;
a 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
$equency flood elevation, 100-year frequency flood elevation, and graphic or
numerical scales (horizontal and vertical);
d. A copy of the designated floodway map, 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. Engineering calculations and supporting data shall be submitted showing that the
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-yeaz 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. l~TO structures may be built until a letter of map revision has been
approved by FEMA.
16. The application fora 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 o£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. Tfie 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 of any 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.
Floodproofing activities to protect previously existing lawful structures including the
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) acid 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;
Storm and sanitary sewer outfalis;
Structures or facilities relating to the use of, or requiring access to, the water or shoreline, 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 minimum 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 Floodway 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 Ll 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 shall be placed between the proposed
normal water elevation and the proposed 100-yeaz 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
is necessary to reduce flooding at the existing structure.
_.
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 channel 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 proposedconstruction 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.
5. Reconsi:ruction or Modification Of Existing Bridges, Culverts; And Approach Roads:
a. `l`ne 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
event, if the existing structure is not a source of flood damage.
__
__
b. If the existing bridge or culvert and roadway approach is a source of flood
damage to buildings or structures 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 Fox The Purpose O£ 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 IDNRlDWR, 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 11-14-3 of this
_: chapter shall meet the permitting requirements of 92 Rlinois 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;
a 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. Fooodproofing Of Existing Habitable, Residential And Commercial Structures: If
construction is required beyond the outside dimensions of the existing building, the
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.
Excavation In The Floodway: When excavation is proposed in the design of bridges and
culvert openings, including the modifications to and replacement of existing bridge and
culvert structures, onto 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 (1') 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
designated floodway conditions and conditions with the receiving. stream at
normal water elevations:
a If the applicant ]earns from IDNR/DWR, local govemrnents, 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 Of Map Revision: If the appropriate use would result in a 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. I3owever, 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 IDNRIDWR. In the case of nongovernment projects, the
municipality in unincorporated areas shall concur with the proposed conditional
designated floodway map revision before IDNRIDWR 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: Ail 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 is not 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
designated floodway map will be revised upon acceptance and concurrence by
IDNR/DWR and FEMA of the "as built"-plans.
F. State Review: For those projects listed in this subsection, located in a designated. floodway, the
following criteria shall be submitted to IDNR/DWR for their review and concurrence prior to
the issuance ofa permit
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 E1, E2 and E8 of this section):
4. The IDNR/DWRwtll-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).
I. Activities That Do Not Require A Registered Professional Engineer's Review: The following
activities may be permitted without a registered professional engineer's review. Such activities
shall still meet the other requirements of this chapter, including the mitigation requirements.
1. 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
buried a minimum of three feet (3') below the existing streambed, and
__
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.
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`) in length..
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
chazmel or bank of the lake.
5. 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 chamiel 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 withir. 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.
B. Storage: No developments in the SFHA shall include locating or storing chemicals, explosives,
: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 Notification: For all projects involving channel modification, fill, 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;
2. 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;
3. 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 occupied before it was removed to avoid flood
damage; and
4. Installing a travel trailer on a site for more than one hundred eighty (180) days.
F. Building Protection Requirements: A residential or nonresidential building, when allowed, may
be constructed on permanent landfill in accordance with the following:
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 (I') 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 (l0') 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
following:
__
.... _.. _......
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.
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 andsumps 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 fire 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).
Nonconforming Structures: Nonconforming stnzctures 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 maybe restored
unless the damage exceeds fifty percent (50%) of its market value before it was damaged, in
which case it shall conform to this chapter. (Ord. 07-07, 3-26-2007)
__
_.
......-._-_.--..
__
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 lazed management, use and development.
A. New subdivisions, manufactured home parks, annexation agreements, and planned unit
developments (PUDs) within the SFHA 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
manner as to preserve and utilize natural streams and chaimels. 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
been identified. If the site is within a flood fringe, the village engineer shall ensure *_hat the
minimum requirements of section 12-14-7 of this chapter are met. If the site is within the
floodway, the village engineeYshall 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 12-14-7 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 for a proposal, the building commissioner and the village engineer
shall review the requirements of section 12-14-5 of this chapter to make sure they are met. In
addition, the building commssionershall complete all notification requirements. - -
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 detenuine 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 (PF,) 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.
3. Dam 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.
7. Elevation and Fooodproofing 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
revision, letter of map amendment and "as built" elevation and floodproofing. or
elevation and floodproofing certificates for all buildings constructed 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 TDNR/DWR and FBMA, 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 12-14-9 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;
h. 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;
c. 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 ] 2-14-8E4 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;
£ 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 With 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 IDA?R/DWR and FEMA for any chapter changes. (Ord. 07-07, 3-26-2007)
__
12-14-12: APPEALS OF ADMINISTRATIVE DECISIONS: Appeals of the decisions bf any
administrative body of the village in the interpretation of this chapter maybe 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 danzage. 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: SF,PARABILITY: 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 (1 O} days' notice to correct the violation:
The village may make application to the circuit court 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 occurs or continues.
_.
.............................
__ _ _.
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; 3-26-2007}
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 ll°h day of August 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staackmann
Trustee Thill
APPROVED BY ME THIS I I`h day of August 2008.
Richard Krier; Village President
Village of Morton Grove
Cook County, Illinois
ATTESTED and FILES in my office
This 12th day of August 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
Legis\ord\2008\Flood damage prevention
Legislative Summary
Ordinance 08-32
AUTHORIZING THE SALE OF SURPLUS PERSONAL PROPERTY
OWNED BY THE VILLAGE OF MORTON GROVE
Introduced:
Synopsis:
Purpose:
Back ground:
Programs, Departments
Or Groups Affected
Fiscal Impact:
Source of Funds:
Workload Impact:
Admin Recommendation:
First Reading:
Special Consideration or
Requirements:
Respectfully submitted:
Preparedby:
August 11, 2008
This Ordinance will authorize the sale of motor vehicles deemed surplus
property by the Village of Morton Groves Corporate Authorities.
Selling motor vehicles and equipment through the Northwest Municipal
Conference run auction in cooperation with Obenauf Auctions, Inc. provides
for an effective means for the Village to sell surplus vehicles.
The Public Works Department in its normal course of business annually
reviews vehicle and equipment conditions for all Village departments. After
a review by the department some of the equipment is determined to be no
longer useful for a variety of reasons; some reasons being but not limited to
the cost of maintenance, scheduled for replacement, outdated, or no longer
used by Village departments. Ordinance OS-27 allows the Village to sell
surplus motor vehicles pursuant to an Ordinance approved by simple
majority of the Village Board of Trustees.
Public Works Department, Police Department, Fire Department, and
Administration.
Funds that will be generated by the sale of equipment at auction are unknown
at this time.
N/A
Minimal, delivery of equipment to auction.
Approval as presented.
August 11, 2008 (second read August 25a', 2008)
Auction to beheld at Mount Prospect Public Works on September 20, 2008
at 10:00 a.m.
~ ~, ~~
Jose W~de, Village Administrator
Andy De Monte, Director of Public Works
Reviewed by:
Teresa
Corporation Counsel
ORDINANCE 08-32
AUTHORIZING THE SALE BY PUBLIC AUCTION
OF PERSONAL PROPERTY
OWNED BY THE VILLAGE OF MORTON GROVE
WHEREAS, the ViIlage 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 lnnited to the power to tax and incur debt; and
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and
Chapter 127, paragraphs 741-748 of the Illinois Revised Statutes, authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Northwest Municipal Conference / Obenauf Auction Service Inc, a
corporate organization representing municipalities and townships chartered within the State of
Illinois and Counties of Cook, Lake, McHenry, Kane, and DuPage organizes joint municipal
auctions of surplus vehicles; and
WHEREAS, in the opinion of at least three=fourth of the corporate authorities of the
Village of Morton Grove, it is no longer necessary, useful, or in the best interest of said
jurisdiction to retain ownership of the personal property hereinafter described; and
WHEREAS; attached as Exhibit "A" is a list of vehicles to be auctioned.
NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, AND ILLINOIS
AS FOLLOWS:
SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS
clauses into this Ordinance as though fully set forth therein thereby making the findings as
hereinabove set forth.
SECTION 2: Pursuant to Chapter 65, Section 5/1 I-76-4 of the dllinois Compiled Statute,
for municipalities, the Village President and Board of Trustees for the Village of Morton Grove
find the described personal property listed on Exhibit "A" attached hereto now owned by said
jurisdiction is no longer necessary or useful to said jurisdiction and said jurisdiction would be
best served by the sale of the properties.
SECTION 3: The Village Administrator for the Village of Morton Grove is hereby
authorized to direct the sale of the aforementioned personal property at the following Northwest
Municipal Conference / Obenauf Auction Service Inc. auction scheduled for:
10:00 am
Saturday, September 20, 2008
Mt. Prospect Public Works Eacility
1700 W. Central Avenue
Mt. Prospect, Illinois 60056
SECTION 4: The Administrator is hereby authorized to direct the Northwest Municipal
Conference / Obenauf Auction Service Inc to advertise the sale of the aforementioned personal
property through area newspapers, direct mailings, and other channels deemed appropriate prior
to the date of said auction.
SECTION 5: The Village Administrator is authorized to direct the Northwest Municipal
Conference / Obenauf Auction Service Inc. to enter into an agreement for the sale of said
property whereby said property is sold at the auction according to the tenns set forth in the
Specifications for the Sale of Vehicles and Equipment at Northwest Municipal Conference /
Obenauf Auctions attached hereto and made a part of this ordinance.
SECTION 6: No bid shall be accepted for the sale of an item, which is less than the
minimum value set forth herein, unless the Village Administrator, or the designee of the Village
Administrator so authorizes at the time of the auction.
SECTION 7: Upon payment in full of the auctioned price for the aforesaid items of
personal property by the highest bidder, the Village Administrator is authorized to direct the
Northwest Municipal Conference / Obenauf Auction Service Inc. to convey and transfer the title
and ownership of said. personal property to the bidder.
SECTION 8: This Ordinance shall be in full force and effect from and after its passage.
PASSED this 11`h day of August 2008.
Trustee Brunner
Trustee Kogstad
Trustee Marcus
Trustee Minx
Trustee Staaclanann
Trustee. Thill
APPROVED by me this 11`h day of August 2008.
Richard Krier, Village President
Village of Morton Grove
Cook County, Illinois
APPROVED and FILED in my office
this 12`" day of August 2008.
Carol A. Fritzshall, Village Clerk
Village of Morton Grove
Cook County, Illinois
M:\legvslative\ordinances\2008\snrpius property sale 8-11-08.doc
N
~h,H
`O
N `
1 ~
~~
~~
~~
a 4 r
a U
0
Z
W
Z
Z
O
U
Q
0
~ a
~ ~
V 9
o ii
~ I
e
F
~ a q 0 p p~
m ° O ~
ma
~ y. ~s
U
~
v
w'
,Y]
pp~~
i
d V! U
<
o
~
~ k
~ W
w
~
~
F e'
m
W
C9
x
p
d ,i3 M
~ ~ ~
W
3 3
3
W
,
,
B g ~
U
9
kr Q
... _ _. _.. ^T
Li
} bb
N ®^
L `1
6u' d ~
w ~A
~ ~
u U
M
L
e
z
~
k`
,
4
m
~
O
z)
u
r
q
m
o'
~,o
W'
~ u
4 U
h }~.
PS H
O
a m
W F
0. ~
~r7
G4
U O
O d
W
Q N
W
N 4 w W